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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: 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 Fu San Limited, et al. v. City
. -.. oiSan Bernardino
ORiGINAL
Dept: CITY ATTORNEY
Date: August 2, 2004
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Arias, Lockwood and Gray to represent the City in the subject
court action.
Recommended motion:
Adopt Resolution.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
12t~c.~(X)<\~ZS"
Agenda Item No.
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STAFF REPORT
Council Meeting Date: AUlrust 16.2004
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: August 2, 2004
AGENDA ITEM: 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 Fu San Limited, et al. v. Oscar A. Sandoval,
etal.
The Mayor and 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 $20,000 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 Fu San Limited, et al. v. Oscar A.
Sandoval, et al.
RLS/ac [FuSanLimitedStaftRpt]
RESOLUG
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 THE CITY IN THE CASE OF FU SAN LIMITED, et al. v. CITY
4 OF SAN BERNARDINO
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Arias, Lockwood
9 & Gray and the City of San Bernardino for legal services, a copy of which is attached hereto
10 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the office of City
13 Clerk within sixty (60) days following effective date of the resolution.
14 III
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RLS/ac (FuSanLimitedRes] 1
I RESOLUTION OF THE MAYOR AND 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 THE CITY IN THE CASE OF FU SAN liMITED, et al. v. CITY
3 OF SAN BERNARDINO
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
day of
meeting
6 thereof, held on the
7 wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
IS MCCAMMACK
16
17
, 2004, by the following vote, to
AYES
NAYS
ABSTAIN
ABSENT
CITY CLERK
18
19
20 2004.
21
22
The foregoing Resolution is hereby approved this
day of
23
24 Approved as to form and
legal content:
25
26
27
28
RLS/ac [FuSanLimitedRes] 2
JUDITH V ALLES, Mayor
City of San Bernardino
1
PROFESSIONAL SERVICES AGREEMENT
2
Fu San Limited, et al. v. City of San Bernardino, et aL
San Bernardino Superior Court Case No. SCVSS 117349
3
4
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 Arias, Lockwood and Gray (hereinafter "PARTNERS") are the parties to this Agreement.
6
2.
PARTNERS will be representing the CITY OF SAN BERNARDINO in this
7 litigation. PARTNERS shall not represent any client in any type of claim against the CITY without
8 prior written approval to do so from the CITY OF SAN BERNARDINO through the City
9 Attorney's Office.
10
3.
PARTNERS shall be paid at the hourly rates set forth below:
11 Attorneys - $150.00 per hour; and,
12 Law ClerkslParalegals - $50.00 per hour.
13 Tbe amounts expended under this agreement for attorneys fees shall not exceed
14 $20,000 without further approval ofthe Mayor and Common Council.
16
4.
5.
Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
15
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 PARTNERS may include a single charge in an amount not to exceed four percent (4%) of fees in
19 lieu of reimbursement for photocopying, telephone charges, and postage.
20
6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and
21 return), then PARTNERS shall not be entitled to reimbursement for mileage and parking fees.
22
7.
PARTNERS shall obtain approval from the CITY to retain expert consultants and
23 other professionals (not including court reporters) for purposes of defending the litigation.
24 PARTNERS may, if it chooses, pay the fees and charges of such consultants and seek
25 reimbursement from CITY on its periodic statement, or it may forward the consultant's bill to CITY
26 with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without
27 prior approval of the CITY'S Finance Department.
28 //1
RLS/ac {FuSanLimited-ALGAgr]
1
1 8. Status reports will be submitted to CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
3 to set reserves, including, without limitation, potential liability exposure and percentage of fault
4 shall be included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants
9 in 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
11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
12 approvals.
13 12. Only Joseph Arias or other attorney approved by the CITY shall try this case.
14 13. No client development costs are to be included in billings.
15 14. No continuing education expenses are to be included in billings.
16 15. Final billing shall be accompanied by copies of the Request for Dismissal,
17 Satisfaction of Judgment, Release and any other final documents.
18 16. Either party may terminate this contract at will. PARTNERS will continue to
19 represent the CITY on the terms and conditions in this Agreement until the case and file are
2 0 transferred to another attorney.
21 17. PARTNERS is an independent contractor as to the CITY.
22 18. PARTNERS shall maintain the following types ofinsurance with limits as shown:
23 a) Workers Compensation as required by the laws of the State of
24 California, including Employment Liability with $250,000 limits covering all
25 persons providing service on behalf ofP AR TNERS and all risks to such persons
26 under this Agreement. PARTNERS shall require its Workers Compensation
27 carrier to waive all rights of subrogation against the CITY and its officers and
28 employees and any others for whom services are being provided under this
RLS/ac [FuSanLimited-ALGAgr]
2
1
Agreement.
2
b)
Comprehensive General and Automobile Liability Insurance
3
coverage to include contractual coverage and automobile coverage for owned,
4
hired and non-owned vehicles. The policy shall have at least a combined single
5
limit of$I,OOO,OOO for bodily injury and property damage.
6
c)
Professional Liability Insurance with limits of at least $ 1,000,000
7 per claim. In lieu of naming the CITY as an additional insured, the policy may
8 be endorsed as follows:
9 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
10 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
11 or subcontractors. All other provisions of this policy are to remain unchanged."
12 PARTNERS shall furnish certificates of insurance and certified copies of all
13 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above
14 required prior to the commencement of performance of services hereunder, which certificates shall
15 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
16 to the City Attorney's Office, and shall maintain such insurance from the time PARTNERS
17 commences performance of services hereunder until the completion of such services.
18 All policies, with respect to the insurance coverage above required, except for the
19 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
20 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
21 their employees, agents, volunteers and officers as additional named insured with respect to
22 liabilities arising out of the performance of services hereunder.
23 All policies required above are to be primary and non-contributing with any
24 insurance or self-insurance programs carried or administered by the CITY or other parties
25 represented under this Agreement.
26 III
27 III
28 III
RLS/ac [FuSanLimited-ALGAgr]
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1
19.
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
2
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DATED:
,2004
ARIAS, LOCKWOOD & GRAY
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7
8
By: Joseph Arias
9
DATED:
10
,2004
CITY OF SAN BERNARDINO
11
12
By: Judith Valles, Mayor
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20 Approved as to form and
legal content:
21
22
23
./~
ES F. PENMAN
ty Attorney
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RLS/ac [FuSanLimited-ALGAgr]
4
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 20, 2004
TO:
Edna DiVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-256
At the Mayor and Common Council meeting of August 16, 2004, the City of San Bernardino
adopted Resolution 2004-256 - 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 Fu San Limited, et al. v. City of San Bernardino.
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
with 60 days, or by October 15, 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: qu... r/.{J';\/,lIt A;
Date: g/,t,%.j.
I .
Please sign and return
'.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 30, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-256 - 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 Fu San Limited, et al. 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.
~."
..
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): <).;-1" -0<1 Item # I 2 Resolution #
Vote: Ayes I-I) Nays.f7 Abstain-e
Change to motion to amend original documents 0 Companion Resolutions
'2co't- 2S~
Absent ...e-
NullNoid After: Cof) days I (0- \ S-OLt
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: <6 -\ '1-oq
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Reso. Log Updated:
Seal Impressed:
w
o
~ .Z~-()q Date Returned: t.~-oY
2nd Reminder Letter Sent:
Not Returned: 0
Date Memo/Letter Sent for Signature:
1" Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL
Yes
Yes
Yes
Yes
No By
No -L- By
No L By
No / By
No/
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney ff Finance Er Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: L
Notes:
Ready to File: _
Date:
Revised 12/18/03