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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
Benjamin Brown v. City of San Bernardino; County of San
Bernardino; Doe 1 Police Officer; Doe 2 Police Officer; and Does
3 to 50 Inclusive.
Dept: City Attorney
Date: January 27,2004
OR\G\NAL
Synopsis oCPrevious 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. Penman
L 9.d---
(j-gnature
Phone:
5355
Supporting data attached:
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
\<.C'~.,l1"20Q'-t3 0
Agenda Item No. / .3
J.jcl/DY
75-0262
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 Benjamin 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 Berifamin Brown v. City of San
Bernardino, et al.
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RESOLUTION NO.
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 BENJAMIN BROIfN v. CITY
OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE I POLICE OFFICER; DOE 2 POLICE
OFFICER; and DOES 3 to 50 Inclusive.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the 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.
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on the _day of
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COUNCIL MEMBERS: AYES
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ESTRADA
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LONGVILLE
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MCGINNIS
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DERRY
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SUAREZ
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e5 ANDERSON
MC CAMMACK
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN ARIAS, LOCKWOOD AND GRAY AND THE CITY OF SAN
BERNARDINO TO REPRESENT THE CITY IN THE CASE OF BENJAJ.fIN BROH'N v. CITY
OF SAN BERNARDINO; COUNTY OF SAN BERNARDINO; DOE 1 POLICE OFFICER; DOE 2 POLICE
OFFICER; and DOES 3 to 50 Inclusive.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
, 2004, by the following vote, to wit:
NAYS ABSTAIN ABSENT
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2004
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JUDITH VALLES,
Mayor City of San Bernardino
24 Approved as to form
and legal content:
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JAMES F. PENMAN
26 City Attorney
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PROFESSIONAL SERVICES AGREEMENT
BENJAMIN 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 107399
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.
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AL&G will be representing the following entities and persons in this litigation: CITY
2.
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.
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3.
AL&G shall be paid at the hourly rates set forth below:
12 Attorneys - $125.00 per hour; and,
13 Law Clerks/Paralegals - $50.00 per hour.
14 The amounts expended under this agreement for attorneys fees shall not exceed
.15 $25,000 without further approval of the Mayor and Common Council.
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4.
5.
Bills shall be submitted at least quarterly.
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%) of fees in lieu of
20 reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
22 then AL&G shall not be entitled to reimbursement for mileage and parking fees.
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7.
AL&G shall obtain approval from the CITY to retain expert consultants and other
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 from 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
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Finance Department.
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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
included.
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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.
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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.
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II.
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.
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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.
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13.
Only Joseph Arias of ARIAS, LOCKWOOD & GRAY or other senior attorney
approved by the City shall try this case.
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19.
a)
14. No client development costs are to be included in billings.
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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.
17.
Either party may terminate this contract at will. AL&G will continue to represent the
21 CITY on the terms and conditions in this Agreement until the case and file are transferred to another
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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 Liability with $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
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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."
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.
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.
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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.
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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 9241S
,2004
ARIAS, LOCKWOOD & GRAY
By: Joseph Arias
,2004
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
IS
19 Approved as to form and
legal content:
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21 JAMES F. PENMAN,
City Attorney
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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 2004-30
At the Mayor and Common Council meeting of February 2, 2004, the City of San Bernardino
adopted Resolution 2004-30 - 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 Benjamin Brown v. City of San Bernardino; County of San Bernardino; DOE
1 Police Officer; DOE 2 Police Officer; and DOES 3 to 50 Inclusive.
Attached is one (I) 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: 1-,.... II.; j J...u I, --'
Date: .< / ~ I D';
Please sign and return
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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 2004-30 - 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 Benjamin 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.