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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, The Partners to represent the City of
San Bernardino in the case of Rosario Aguilar v. City of
San Bernardino, et al.
Dept: CITY ATTORNEY
Date: October 11, 2004
ORIGINAL
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Arias, Lockwood & Gray, The Partners to represent the City in
the subject court action.
Recommended motion:
Adopt Resolution.
r/:::7~
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda Item No. / D
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STAFF REPORT
Council Meeting Date: October 18. 2004
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: October 11, 2004
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm of Arias, Lockwood & Gray, The Partners to represent
the City of San Bernardino in the case of Rosario Aguilar v. City of San
Bernardino, et al.
The Mayor and Common Council approved retaining the law firm of Arias, Lockwood &
Gray, The Partners to represent the City in the above-referenced court action. Attached 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 ofthe City of San Bernardino.
That the Mayor ofthe 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, The Partners to represent the City in the case of Rosario Aguilar v. City
of San Bernardino, et al.
RLS/ac [SBCUSD-AnnstrongStaffRptl
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RES~~Y
") 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, THE PARTNERS AND THE CITY
OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF ROSARIO AGUILAR v.
4 CITY OF SAN BERNARDINO, et al.
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, The Partners and the City of San Bernardino for legal services, a copy of which is
10 attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set
11 forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is not executed by both parties and returned to the office of City
o 14 Clerk within sixty (60) days following effective date of the resolution.
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RLS/js [Aguilar.Res] I
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I 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, THE PARTNERS AND THE CITY
OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF ROSARIO AGUILAR v.
3 CITY OF SAN BERNARDINO, et aI.
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
meeting
6 thereof, held on the
day of
AYES
, 2004, by the following vote, to wit:
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
II DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
15
16
17
18
19
NA YS ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2004.
20
21
JUDITH V ALLES, Mayor
City of San Bernardino
22
Approved as to form and
23 legal content:
24
25 By:
AMES F. PENMAN
26 ity Attorney
27
28
RLS/Js [Aguilar.Res]
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PROFESSIONAL SERVICES AGREEMENT
2
Rosario Aguilar v. City of San Bernardino, et al.
San Bernardino Superior Court Case No. SCVSS 115557
3
4
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 ARIAS, LOCKWOOD & ORA Y, THE PARTNERS (hereinafter "THE PARTNERS") are the
6 parties to this Agreement.
7
2.
THE PARTNERS will be representing the CITY OF SAN BERNARDINO in this
8 litigation. THE PARTNERS shall not represent any client in any type of claim against the CITY
9 without prior written approval to do so from the CITY OF SAN BERNARDINO through the City
10 Attorney's Office.
11
12
3.
THE PARTNERS shall be paid at the hourly rates set forth below:
Attorneys - $125.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
13
14
The amounts expended under this agreement for attorneys fees shall not exceed
15 $20,000 without further approval of the 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,
17
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 THE PARTNERS may include a single charge in an amount not to exceed four percent (4%) offees
20 in lieu of reimbursement for photocopying, telephone charges, and postage.
21
6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and
22 return), then THE PARTNERS shall not be entitled to reimbursement for mileage and parking fees.
23
7.
THE PARTNERS shall obtain approval from the CITY to retain expert consultants
24 and other professionals (not including court reporters) for purposes of defending the litigation.
25 THE PARTNERS may, if it chooses, pay the fees and charges of such consultants and seek
26 reimbursement from CITY on its periodic statement, or it may forward the consultant's bill to CITY
27 with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without
28 prior approval of the CITY'S Finance Department.
RLS/js [Aguilar.ALG.PSA]
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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. THE PARTNERS will continue
19 to represent the CITY on the terms and conditions in this Agreement until the case and file are
20 transferred to another attorney.
21 17. THE PARTNERS is an independent contractor as to the CITY.
22 18. THE PARTNERS shall maintain the following types of insurance with limits as
23 shown:
24 a) Workers Compensation as required by the laws of the State of
25 California, including Employment Liability with $250,000 limits covering all
26 persons providing service on behalf of THE PARTNERS and all risks to such
27 persons under this Agreement. THE PARTNERS shall require its Workers
28 Compensation carrier to waive all rights of subrogation against the CITY and its
RLS/js [AguilarALG.PSA]
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officers and employees and any others for whom services are being provided
under this Agreement.
2
3
b)
Comprehensive General and Automobile Liability Insurance
4
coverage to include contractual coverage and automobile coverage for owned,
5
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.
6
7
c)
Professional Liability Insurance with limits of at least $1 ,000,000
8
9
per claim. In lieu of naming the CITY as an additional insured, the policy may
be endorsed as follows:
10
"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."
11
12
13
THE PARTNERS shall furnish certificates of insurance and certified copies of all
14
policies and endorsements to the City Attorney's Office evidencing the insurance coverage above
15 required prior to the commencement of performance of services hereunder, which certificates shall
16 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
17 to the City Attorney's Office, and shall maintain such insurance from the time THE PARTNERS
18 commences performance of services hereunder until the completion of such services.
19 All policies, with respect to the insurance coverage above required, except for the
20 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
21 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
22 their employees, agents, volunteers and officers as additional named insured with respect to
23 liabilities arising out of the performance of services hereunder.
24 All policies required above are to be primary and non-contributing with any
25 insurance or self-insurance programs carried or administered by the CITY or other parties
26
represented under this Agreement.
27 / / /
28 / / /
RLS/js [Aguilar.ALG.PSA]
3
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 20, 2004
TO:
Edna DiVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-326
At the Mayor and Common Council meeting of October 18, 2004, the City of San Bernardino
adopted Resolution 2004-326 - Resolution authorizing the execution of a professional services
agreement between Arias, Lockwood & Gray, the Partners and the City of San Bernardino to
represent the City in the case of Rosario Aguilar v. City of San Bernardino, et al.
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 December 17, 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: ~ i:.:.JU).I"
Date: Ib/~dD4
.
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 2, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-326 - Arias, Lockwood & Gray
CC:
Attached is a fully executed copy of the agreement with Arias, Lockwood & Gray, the Partners
to represent the City in the case of Rosario Aguilar v. City of San Bernardino, et al. 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): 10-\ &-Ol\ Item # \ 0 Resolution #
Vote: Ayes 1-3 5-') Nays 1;).- Abstain -e
J
'Z-004- -3 <..<..
Absent Lt
Change to motion to amend original documents 0
Companion Resolutions
NulVVoidAfter: (.,C) days/ \2r\l-O~
Resolution # On Attachments: Gr' Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: ICl-t '1-()~
Date of Mayor's Signature: 'i:l'I~'I:)'1
Date of Clerk/CDC Signature: \ 0 -\ C\.--()LI
Reso. Log Updated:
Seal Impressed:
W
Id---'
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
L().21::, -<:J'l Date Returned: I':,:,,')) .(,"-1 Not Returned: 0
2nd 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
No By
No 1. By
No ~ By
No L By
No /
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney Ii2J' Finance 0" Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: 1-
Notes:
Ready to File: _
Date:
Revised 12/18/03