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HomeMy WebLinkAbout13-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN CITY ATTORNEY CITY ATTORNEY ORIGINAL Subject: Professional Services Agreement between Arias & Lockwood and the City of San Bernardino in the case of Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et af. Dept: Date: May 30, 2006 MCC Meeting: June 5, 2006 Synopsis of Previous Council Action: Recommended motion: The Mayor and Common Council adopt the resolution. Contact person: Steohanie D. Easland Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Committee Notes: Kf5. JDDIc?-IL/r Agenda Item No.----13 \ ~. (p /5 JDCo ~ SDE/ed[Major.A&Lrca] o o o ST AFF REPORT Council Meeting Date: June 5. 2006 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney May 30, 2006 Professional Services Agreement between the City of San Bernardino and the law firm of Arias & Lockwood to represent Fire Captain Richard Lewis in any discovery proceedings in the case of Patrick Major v. San Bernardino Fire Departmenr, City of San Bernardino, et al. On May 15, 2006, the Mayor and Common Council approved the law firm of Arias & Lockwood to represent Fire Captain Richard Lewis in any discovery proceedings in the above- referenced court action. Attached hereto is the Professional Services Agreement which reflects such approval, including a ceiling of $2,000 on attorney fees. 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 behalfofthe 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 to represent Richard Lewis in any discovery proceedings in the case of Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et at. Attachment SDE/ed[Major A&LStaffRpt! o o 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 and the City of San Bernardino for legal services, a copy of which is attached hereto marked 10 Exhibit "A" and incorporated herein by reference as fully as though set forth at length. II 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 the 13 City Clerk within sixty (60) days following the effective date of the resolution. 14 1/1 15 III 16 1/1 17 1/1 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 11/ 26 1/1 27 III 28 11/ SDE/ed[Major,A&LRes] o o o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 2 SERVICES AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN BERNARDINO IN THE CASE OF PATRICK MAJOR v. SAN BERNARDINO FIRE 3 DEPARTMENT, CITY OF SAN BERNARDINO, et al. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 on the day of , 2006, by the following vote, to wit: COUNCIL MEMBERS: ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK AYES NAYS ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of 2006. JUDITH V ALLES, Mayor City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 27 28 . .........t: ) SDEfed[Major,A&LRes] 2 o o o 20 1 PROFESSIONAL SERVICES AGREEMENT 2 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 3 ARIAS & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement. 4 ~ ~. A&L will be representing San Bernardino Fire Captain Richard Lewis, a potential 5 witness in the case of Patrick Major v. San Bernardino Fire Department, City o/Sa/1 Bernardino, 6 et al San Bernardino Superior Court Case No.SCVSSI29136, in any discovery proceedings 7 involving Captain Lewis in the aforesaid case. A&L shall not represent any client in any type of 8 claim against the CITY without prior written approval to do so from the CITY OF 9 SAN BERNARDINO through the City Attorney's Office. 10 3. A&L shall be paid at the hourly rates set forth below: Attorneys - $135.00 per hour; and, Law Clerks/Paralegals - $60.00 per hour. 11 12 13 The amounts expended under this agreement for attorneys fees shall not exceed 14 $2,000 without further approval of the Mayor and Common Council. 4. Bills shall be submitted at least quarterly. 15 16 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 18 A&L may include a single charge in an amount not to exceed four percent (4%) offees in lieu of 19 reimbursement for photocopying, telephone charges, and postage. 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 22 21 return), then A&L shall not be entitled to reimbursement for mileage and parking fees. 7. A&L shall obtain approval from the CITY to retain expert consultants and other 23 professionals (not including court reporters) for purposes of defending the litigation. A&L may, 24 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on 25 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S 27 28 Finance Department. //1 SDE/edrMa.loLA&LProfSvcsAgr J 1 o o o 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 II. No client development costs are to be included in billings. 11 12. No continuing education expenses are to be included in billings. 12 13. Either party may terminate this contract at will. A&L will continue to represent 13 Richard Lewis on the terms and conditions in this Agreement until the case and file are transferred 14 to another attorney. 15 14. A&L is an independent contractor as to the CITY. 16 15. A&L shall maintain the following types of insurance with limits as shown: 17 a) Workers Compensation as required by the laws of the State of 18 California, including Employment Liability with $250,000 limits covering all 19 persons providing service on behalf of A&L and all risks to such persons under 20 this Agreement. A&L shall require its Workers Compensation carrier to waive 21 all rights of subrogation against the CITY and its officers and employees and any 22 others for whom services are being provided under this Agreement. 23 b) Comprehensive General and Automobile Liability Insurance 24 coverage to include contractual coverage and automobile coverage for owned, 25 hired and non-owned vehicles. The policy shall have at least a combined single 26 limit of $1 ,000,000 for bodily injury and property damage. 2 7 c) Professional Liability Insurance with limits of at least $1 ,000,000 28 per claim. In lieu of naming the CITY as an additional insured, the policy may SDEJed[MaJorA&LProfSvcsAgr] 2 o o o 1 be endorsed as follows; 2 "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." 3 4 5 A&L shall furnish certificates of insurance and certified copies of all policies and 6 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior 7 to the commencement of performance of services hereunder, which certificates shall provide that 8 such insurance shall not be terminated or expire without thirty (30) days written notice to the City 9 Attorney's Office, and shall maintain such insurance from the time A&L commences performance 10 of services hereunder until the completion of such services. 11 All policies, with respect to the insurance coverage above required, except for the 12 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 13 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 14 their employees, agents, volunteers and officers as additional named insured with respect to 15 liabilities arising out of the performance of services hereunder. 16 All policies required above are to be primary and non-contributing with any 17 lI1surance or self-insurance programs carried or administered by the CITY or other parties 19 I I I 18 represented under this Agreement. 20 III 21 I I I 22 I I I 23 I I I 24 III 25 III 26 III 27 I I! 28 II! SDE/ed[Major.A&LProfSvcsAgr] 3 o o o 15 1 16. All communications and billings to the CITY are to be directed as follows: 2 3 4 5 DA TED: May _,2006 6 7 8 9 DA TED: May _, 2006 10 11 12 13 14 Approved as to form: JAMES F. PENMAN, 16 City Attorney 17 18 19 20 21 22 23 24 25 26 27 28 City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 ARIAS & LOCKWOOD By: Joseph Arias CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor 7 /J Ii' v l/2-'1,').~1",..,.. '\"4t') ( SDE/ed( MaJoT.A&I ,ProfSvcsAgr J 4 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopt;d): ~ Item # \ Q Vote: Ayes IJ1-.'>vL-\ S l.ci1Nays .:&- / J Change to motion to amend original documents D Companion Resolutions Resolution # Abstain -&- dDDb-lit Absent :3 Null/Void After: (p D d.ays / ~ Resolution # On AttachmentsJ8f Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: ) Date of Mayor's Signature: ~ (p; Date of Clerk/CDC Signature: Lv 0 lJl Reso. Log Updated: D Seal Impressed: ---lQ:' Reso. # on StaffReport;K(1 Date Memo/Letter Sent for Signature: ~ 1'31 Ov> Date Returned: rvj.2J I~ Not Returned: D I 1" Reminder Letter Sent: 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 Yes No No V No v' No V N07 By_ By_ By_ By_ By_ Yes Yes Yes Copies Distributed to: Animal Control D EDA D Information Services D City Administrator D Facilities D Parks & Recreation D City Attorney MY\'\ Finance .J>;ct{ \ \1 Police Department D Code Compliance D Fire Department D Public Services D Development Services D Human Resources D Water Department D Others: Notes: ~/Y\J -to fc!nO-.-/ Ready to File: Date: Revised 12/18/03 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 13, 2006 TO: Edna DiVellis, Operations Supervisor FROM: Sandra Medina, Assistant to the City Clerk RE: Transmitting Documents for Signature - Resolution No. 2006-148 At the Mayor and Common Council meeting of June 5, 2006, the City of San Bernardino adopted Resolution No. 2006-148 - Resolution authorizing the execution of a professional services agreement between Arias & Lockwood and the City of San Bernardino in the case of Patrick Major V. San Bernardino Fire Department, City of San Bernardino, et al. Attached are one (1) original Professional Services Agreement and one (1) duplicate agreement to be executed by Arias & Lockwood. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to Dodie Otterbein, Records Management Coordinator. Please forward the other fully executed copy to the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by Friday, August 4,2006. If you have any questions, please do not hesitate to contact Dodie Otterbein, Records Management Coordinator at ext. 3215. Thank you. A C!-i~'I1?tl~\\.Q (~~ / Sandra Medina Assistant to the City Clerk I hereby acknowledge receipt of the above mentioned documents. Signed: t.~ .1Il; J. ..11 L"-' Date: ~ J /3 I \) l" , , Please sign and return RECEIVED-CITY CLEii. 2006 JUN 2 I Aii II: 4 7 INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: Dodie Otterbein . Records Management coor,~ Edna DiYellis 4-jA.A'-" till Operations Supervisor FROM: DATE: June 20, 2006 RE: Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et al. Attached please find the original, fully executed Professional Services Agreement in the above-referenced case. Should you have any questions, please do not hesitate to call me at 5355. Thank you. Attachment SDE/ed[Major.Otterbein.mem,wpd]