HomeMy WebLinkAbout2006-148
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RESOLUTION NO. 2006-148
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO IN THE CASE OF PATRICK MAJOR v. SAN BERNARDINO FIRE
4 DEPARTMENT, 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 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.
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I 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 at.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a . goint regular
meeting
day of
.June
, 2006, by the following vote, to
AYES NAYS ABSTAIN ABSENT
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arJd/'JU
CITY CLERK
2006.
The foregoing Resolution is hereby approved this
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day of June
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~~ayor
City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
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2006-148
1 PROFESSIONAL SERVICES AGREEMENT
2 I. 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 2. 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/San Bernardino,
6 et at. 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:
11 Attorneys - $135.00 per hour; and,
12 Law Clerks/Paralegals - $60.00 per hour.
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.
15 4. Bills shall be submitted at least quarterly.
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%) of fees in lieu of
19 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 A&L shall not be entitled to reimbursement for mileage and parking fees.
22 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 reimbursemeni from CITY on
25 its periodic statement, or it may forward the consultant's bill to CITY with a reque~t that the CITY
26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
27 Finance Department.
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2006-148
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 sentto 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 $250,000 limits covering all
19 persons providing service on behalf of A&L and all risks to such persons under
20 this Agreement. A&L shall require its Workers Compensation carrier to waive
21 all rights of subrogation against the CITY and its officers and employees and any
22 others for whom services are being provided under this Agreement.
23 b) Comprehensive General and Automobile Liability Insurance
24 coverage to include contractual coverage and automobile coverage for owned,
25 hired and non-owned vehicles. The policy shall have at least a combined single
26 limit of$I,OOO,OOO for bodily injury and property damage.
27 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
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2006-148
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
3 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
4 or subcontractors. All other provisions ofthis policy are to remain unchanged."
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 msurance or self-insurance programs carried or administered by the CITY or other parties
18 represented under this Agreement.
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All communications and billings to the CITY are to be directed as follows:
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DA TED:~ _,2006
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DA TED: May _' 2006
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Approved as to form:
JAMES F. PENMAN,
16 City Attorney
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
ARIAS & LOCKWOOD
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Bt: Joseph Arias
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CITY OF SAN BERNARDINO
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