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HomeMy WebLinkAbout2005-112 , , .. , , I RESOLUTION NO. 2005-112 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 3 AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN BERNARDINO TO REPRESENT CITY ATTORNEY JAMES F. PENMAN, AS AN 4 INDIVIDUAL AND IN IDS OFFICIAL CAPACITY; AND COUNCILMEMBER WENDY McCAMMACK, AS AN INDIVIDUAL AND IN HER OFFICIAL CAPACITY; IN THE CASE 5 OF FIRE CAPTAIN RALPH P. ROMERO, an individual v. CITY ATTORNEY JAMES PENMAN, et al. 6 7 BE IT RESOLVED BY THE MA YORAND COMMON COUNCIL OF THE CITY OF 8 SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to 10 execute on behalf of said City a Professional Services Agreement between Arias, Lockwood & Gray II and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit 12 "A" and incorporated herein by reference as fully as though set forth at length. 13 SECTION 2. The authorization granted hereunder shall expire and be void and of no further 14 effect if the agreement is not executed by both parties and returned to the office of City Clerk within 15 sixty (60) days following the effective date of the resolution. 16 I I I 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 5MB/cj[Romero.Res] 1 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 2 AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN BERNARDINO TO REPRESENT CITY ATTORNEY JAMES F. PENMAN, AS AN 3 INDIVIDUAL AND IN IDS OFFICIAL CAPACITY; AND COUNCILMEMBER WENDY McCAMMACK, AS AN INDIVIDUAL AND IN HER OFFICIAL CAPACITY; IN THE CASE 4 OF FIRE CAPTAIN RALPH P. ROMERO, an individual v. CITY ATTORNEY JAMES PENMAN, et at. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 7 Connnon Council of the City of San Bernardino at aregular meeting thereof, held on the 16 tday 8 of May , 2005, by the following vote, to wit: 9 10 COUNCIL MEMBERS: 11 ESTRADA 12 LONGVILLE 13 MCGINNIS 14 DERRY 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 21 22 23 24 25 AYES NAYS ABSTAIN ABSENT x x x --X- X X X ~~/;Cl~ The foregoing Resolution is hereby approved this /9i4Jay of May A proved a.s to f<~ 26 legal c01e~t. 27 ES F.nN N Attorney 28 5MB/cj[Romero.Res] ,2005 " , , 2005-112 OR1G1NAL I 2 3 4 PROFESSIONAL SERVICES AGREEMENT Fire Captain Ralph P. Romero, an individual v. City Attorney James Penman, as an individual and in his official capacity; City Council Member Wendy McCammack, as an individual and in her official capacity, and Does 1 through 10 inclusive. U.S. District Court Case No. 5:05-CV-00329-SGL 5 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 6 ARIAS, LOCKWOOD & GRAY (hereinafter "AL&G") are the parties to this Agreement. 7 2. AL&G will be representing the following entities and persons in this litigation: 8 JAMES F. PENMAN, as an individual and in his official capacity; and Council Member WENDY 9 McCAMMACK, as an individual and in her official capacity. AL&G shall not represent any client lOin any type of claim against the CITY without prior written approval to do so from the CITY OF II SAN BERNARDINO through the City Attorney's Office. 12 3. AL&G shall be paid at the hourly rates set forth below: 13 Attorneys - $135.00 per hour; and, 14 Law Clerks/Paralegals - $60.00 per hour. 15 The amounts expended under this agreement for attorneys fees shall not exceed 16 $25,000 without further approval of the Mayor and Common Council. 17 18 4. 5. Bills shall be submitted at least quarterly. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 20 AL&G may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of 21 reimbursement for photocopying, telephone charges, and postage. 22 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return), 23 then AL&G shall not be entitled to reimbursement for mileage and parking fees. 24 7. AL&G shall obtain approval from the CITY to retain expert consultants and other 25 professionals (not including court reporters) for purposes of defending the litigation. AL&G may, 26 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on 27 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S 5MB/cj[RomeroPrfServ .Agreement] , ~ I Finance Department. 2 8. Status reports will be submitted to CITY through the City Attorney's Office whenever 3 any significant event occurs, and in any event at least quarterly. Information sufficient to set 4 reserves, including, without limitation, potential liability exposure and percentage of fault shall be 5 included. 6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City 7 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this, 8 or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants in 10 this action shall also be provided to the CITY through the City Attorney's Office. II II. Any and all settlements shall require CITY approval. Request for settlement authority 12 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 13 12. In the event the settlement value of this case appears to exceed $50,000.00 the City 14 Attorney's Office shall be notified immediately. 15 13. Only Joseph Arias of ARIAS, LOCKWOOD & GRAY or other senior attorney 16 approved by the City shall try this case. 17 14. No client development costs are to be included in billings. 18 15. No continuing education expenses are to be included in billings. 19 16. Final billing shall be accompanied by copies of the Request for Dismissal, 20 Satisfaction of Judgment, Release and any other final documents. 21 17. Either party may terminate this contract at will. AL&G will continue to represent 22 City Attorney JAMES F. PENMAN, as an individual and in his official capacity; and Council 23 Member WENDY McCAMMACK, as an individual and in her official capacity on the terms and 24 conditions in this Agreement until the case and file are transferred to another attorney. 25 18. AL&G is an independent contractor as to the CITY. 26 19. AL&G shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws of the State of California, 28 including Employment Liability with $250,000 limits covering all persons providing 5MB/cj[RomeroPrfServ.Agreement] r -- .- " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 service on behalf of AL&G and all risks to such persons under this Agreement. AL&G shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services are being provided under this Agreement. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non- owned vehicles. The policy shall have at least a combined single limit of$l ,000,000 for bodily injury and property damage. c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of naming the CITY as an additional insured, the policy may be endorsed as follows: "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN BERNARDINO for legal defense services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents, or subcontractors. All other provisions of this policy are to remain unchanged." 16 AL&G shall furnish certificates of insurance and certified copies of all policies and 17 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior 18 to the commencement of performance of services hereunder, which certificates shall provide that 19 such insurance shall not be terminated or expire without thirty (30) days written notice to the City 20 Attorney's Office, and shall maintain such insurance from the time AL&G commences performance 21 of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage above required, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insured with respect to 26 liabilities arising out of the performance of services hereunder. 27 III 28 III 5MB/cj[RomeroPrfServ.Agreernent] ,- . 1 All policies required above are to be primary and non-contributing with any insurance or se1f- 2 insurance programs carried or administered by the CITY or other parties represented under this 3 Agreement. 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 9 10 11 las 12 ~/I'J 13 Dated: ,2005 . 14 15 16 17 CITY OF SAN BERNARDINO 18 19 Approved as to form and legal content: 20 21 JAMES F. PENMAN, City Attorney 22 23 24 25 26 27 28 5MB/cj[RomeroPrfScrv.Agreement]