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HomeMy WebLinkAbout12-City Attorney ,- .I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: Professional Service Agreement between the City of San Bernardino and the law firm of Arias, Lockwood & Gray to represent the City of San Bernardino in the case of Kenneth Brown v. City of San Bernardino; County of San Bernardino; Doe 1 Police Officer; Doe 2 Police Officer; and Does 1 to 50 Inclusive. Dept: City Attorney ORIGINAL Date: January 27,2004 Synopsis of Previous Council action: Council approved the hiring of Arias, Lockwood & Gray to represent the City in the subject court action. Recommended motion: Adopt Resolution. Contact person: James F. Pemnan Phone: 5355 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: ~:M ::V-200 L(. Z<j Agenda Item No. .I d-- 75-0262 ~/~/oV . STAFF REPORT Council Meeting Date: Februarv 2. 2004 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney February 2, 2004 Professional Services Agreement between the City of San Bernardino and the law firm of Arias, Lockwood & Gray to represent the City of San Bernardino in the case of Kenneth Brown v. City of San Bernardino, etaL The Common Council approved the law firm of Arias, Lockwood & Gray to represent the City in the above-referenced court action. Attached hereto is the Professional Services Agreement which reflects such approval, including a ceiling of $25,000 on attorney fees and the requirement of regular status reports. It is requested by the City Attorney that the floor motion be adopted so that the Mayor is authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias, Lockwood & Gray to represent the City in the case of Kenneth Brown v. City of San Bernardino, et al. e~ I' t(Q)[PV 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF KENNETH BROIfN v. CITY OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE I POLICE OFFICER; DOE 2 POLICE OFFICER; and DOES I to 50 Inclusive. BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor ofthe City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Professional Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of City Clerk within sixty (60) days following the effective date of the resolution. 14 e5 /// /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /1/ _8 5MB/cj[KBro\\11.Res] 8 9 COUNCIL MEMBERS: AYES 10 ESTRADA 11 LONGVILLE 12 MCGINNIS 13 DERRY 14 SUAREZ _15 ANDERSON 16 MC CAMMACK 17 18 19 ~- -: _28 F RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF KENNETH BROIfN v. CITY OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE 1 POLICE OFFICER; DOE 2 POLICE OFFICER; and DOES 1 to 50 Inclusive. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the _day of ,2004, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 20 21 22 23 24 The foregoing Resolution is hereby approved this _ day of ,2004 JUDITH VALLES, Mayor City of San Bernardino Approved as to form 25 and legal content: 26 JAMES F. PENMAN City Attorney 27 _2 _15 16 17 _28 r 3 4 5 PROFESSIONAL SERVICES AGREEMENT KENNETH BROWN v. CITY OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE 1 POLICE OFFICER; DOE 2 POLICE OFFICER; and DOES 1 to 50 Inclusive SCVSS 107526 1. 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: CITY 8 OF SAN BERNARDINO. AL&G shall not represent any client in any type of claim against the 9 CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the 10 City Attorney's Office. 11 12 13 14 AL&G shall be paid at the hourly rates set forth below: Attorneys - $125.00 per hour; and, Law Clerks/Paralegals - $50.00 per hour. The amounts expended under this agreement for attorneys fees shall not exceed $25,000 without further approval of the Mayor and Common Council. 3. 4. Bills shall be submitted at least quarterly. 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 19 AL&G may include a single charge in an amount not to exceed four percent (4%) offees in lieu of 20 reimbursement for photocopying, telephone charges, and postage. 21 Ifattorney's fees are charged "portal to portal" (e.g., from office to court and return), 6. 22 then AL&G shall not be entitled to reimbursement for mileage and parking fees. 23 7. AL&G shall obtain approval from the CITY to retain expert consultants and other 24 25 26 27 professionals (not including court reporters) for purposes of defending the litigation. AL&G may, if it chooses, pay the fees and charges of such consultants and seek reimbursement form CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance Department. SM SIc] [KBrownPrfServ .Agreement] .~ r 8. Status reports will be submitted to CITY through the City Attorney's Office whenever any significant event occurs, and in any event at least quarterly. Information sufficient to set reserves, including, without limitation, potential liability exposure and percentage of fault shall be incl uded. 3 4 5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City 6 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this, 7 or other litigation. 8 10. Copies of any correspondence and other documents sent to any of the defendants in 9 this action shall also be provided to the CITY through the City Attorney's Office. 10 11. Any and all settlements shall require CITY approval. Request for settlement authority II shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 12 12. In the event the settlement value of this case appears to exceed $50,000.00 the City 13 Attorney's Office shall be notified immediately. 14 _5 16 17 18 13. Only Joseph Arias of ARIAS, LOCKWOOD & GRAY or other senior attorney approved by the City shall try this case. 14. No client development costs are to be included in billings. 15. 16. No continuing education expenses are to be included in billings. Final billing shall be accompanied by copies of the Request for Dismissal, 19 Satisfaction of Judgment, Release and any other final documents. 20 Either party may terminate this contract at will. AL&G will continue to represent the 17. 21 CITY on the terms and conditions in this Agreement until the case and file are transferred to another .28 22 attorney. 23 24 25 26 27 18. 19. a) AL&G is an independent contractor as to the CITY. AL&G shall maintain the following types of insurance with limits as shown: Workers Compensation as required by the laws of the State of California, including Employment Liabilitywith $250,000 limits covering all persons providing 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 5MB/cj[KBro'v.llPrfServ .Agreement] _I 2 3 4 5 6 7 8 9 10 II 12 13 14 ~5 ~8 I! 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$1 ,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 17 18 19 20 21 AL&G shall furnish certificates of insurance and certified copIes of all policies and endorsements to the City Attorney's Office evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City Attorney's Office, and shall maintain such insurance from the time AL&G commences performance of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming the CITY and all parties represented under this Agreement, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance or self- insurance programs carried or administered by the CITY or other parties represented under this Agreement. 23 24 25 26 27 III 5MB/ej [KBrownPrfServ ,Agreement J \ e1 20. 2 3 4 5 Dated: 6 7 8 9 10 Dated: II 12 ]3 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 .2004 ARIAS, LOCKWOOD & GRAY By: Joseph Arias ,2004 . CITY OF SAN BERNARDINO By: Judith Valles, Mayor 14 e5 16 Approved as to form and legal content: ]7 18 JAMES F. PENMAN, City Attorney 19 20 Byr ?t- 21 22 23 24 25 26 27 _8 5MB/cjIKBrownPrtserv .Agreement] ~ , CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 5, 2004 TO: Edna DiVellis, Operations Supervisor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2004-29 At the Mayor and Common Council meeting of February 2, 2004, the City of San Bernardino adopted Resolution 2004-29 - Resolution authorizing the execution of a professional services agreement between Arias, Lockwood & Gray and the City of San Bernardino to represent the City in the case of Kenneth Brown v. City of San Bernardino; County of San Bernardino; DOE 1 Police Officer; DOE 2 Police Officer; and DOES 1 to 50 inclusive. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by April 2, 2004. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~ /D..:,v~ Date: .2.. / ~ ( b';" Please sign and return . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 19, 2004 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-29 - Arias, Lockwood & Gray CC: Attached is a fully executed copy of the agreement with Arias, Lockwood & Gray to represent the City in the case of Kenneth Brown v. City of San Bernardino. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206.