HomeMy WebLinkAbout13-City Attorney
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: JAMES F. PENMAN
City Attorney
Subject: Professional Services Agreement between the
City of San Bernardino and the law firm of Arias &
Lockwood to represent the City and any designated
employee regarding the case People v. Lopez and
Cardenas, San Bernardino Superior Court Case No.
SCVSS 134051.
Dept: CITY ATTORNEY
Date: February 7, 2007
MCC Date: February 20, 2007
Synopsis of Previous Couucil Action:
2/5/07 Council authorized the hiring of Arias & Lockwood in closed session.
Recommeuded motion:
Adopt Resolution:
That the Mayor and Common Council authorize and direct the Mayor to
execute on behalf of the City of San Bernardino the Professional Services
Agreement with the law firm of Arias & Lockwood to represent the City and
any designated employee in People v. Lopez and Cardenas, San Bernardino
Superior Court Case No.SCVSS 134051.
a~-. 7.~
{f'ature
Contact person: James F. Penman
Phone:
5355
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
Agenda Item No. 1.5
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TO:
FROM:
DATE:
AGENDA ITEM:
ST AFF REPORT
Council Meeting Date: February 20, 2007
Mayor and Common Council
James F. Penman, City Attorney
February 7, 2007
Professional Services Agreement between the City of San Bernardino and the
law firm of Arias & Lockwood to represent the City of San Bernardino and
any designated employee in the case entitled People v. Lopez and Cardenas, et
al., San Bernardino Superior Court Case No. SCVSS134051
The Mayor and Common Council have approved retention of the law firm of Arias &
Lockwood to represent the City of San Bernardino regarding the case entitled People v. Lopez, et aI.,
San Bernardino Superior Court Case No.SCVSS 134051.
Attached hereto is the Professional Services Agreement which reflects such approval,
including a cap of $25,000 on attorney fees and the requirement of regular status reports.
It is requested by the City Attorney that the following floor motion be adopted authorizing
the Mayor to execute the Professional Services Agreement on behalf of the City of San Bernardino.
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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
3 SERVICES AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO IN THE CASE OF PEOPLE v. LOPEZ AND CARDENAS, ET AL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
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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
and the City of San Bernardino for legal services, a copy of which is attached hereto marked
Exhibit" A n 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 the City
Clerk within sixty (60) days following the effective date of the resolution.
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F :\GRIDER\Lopez\lopez. Res. I
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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 PEOPLE v. LOPEZ AND CARDENAS, ET AL.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
thereof, held on the
Common Council of the City of San Bernardino at a
COUNCIL MEMBERS:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
day of
AYES
meeting
,2007, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
Approved as to form:
JAMES F. PENMAN,
23 City Attorney
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day of
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Patrick J. Morris, Mayor
City of San Bernardino
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Exibit "A"
PROFESSIONAL SERVICES AGREEME~T
People v. Lopez and Cardenas, et al.
San Bernardino Superior Court Case No. SCVSS134051.
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm ofARlAS
& LOCKWOOD (hereinafter "'A&L") are the parties to this Agreement.
2. A&L will be representing the following entities and persons in this litigation: CITY
OF SAN BERNARDINO and any designated employee of the CITY. A&L shall not represent any
client in any type of claim against the CITY without prior written approval to do so from the CITY
OF SAN BERNARDINO through the City Attorney's Office.
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.
The amounts expended under this agreement for attorneys fees shall not exceed
$25,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least on a monthly basis and no later than the 51h day of
each succeeding month.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
A&L may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
reimbursement for photocopying, telephone charges, and postage.
6, If attorney's fees are charged "portal to portal" (e.g., from office to court and 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
professionals (not including court reporters) for purposes of defending the litigation. A&L 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 Finance
Department.
F:\GRIDER\Lopcz\LopezProfSVCSt\gr. wpd
Exhibit "A"
8. Status reports will be submitted to CITY through the City Attorney's Office whenever
. 2 any significant event occurs, and in any event at least quarterly. Information sufficient to set
3 reserves. including, without limitation, potential liability exposure and percentage of fault shall be
4 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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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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Only Joseph Arias of ARIAS & LOCKWOOD or other senior attorney approved by
the City shall try this case.
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.
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Either party may terminate this contract at will. A&L will continue to represent the
21 CITY on the terms and conditions in this Agreement until the case and file are transferred to another
22 attorney,
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a)
A&L is an independent contractor as to the CITY.
A&L 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 $250,000 limits covering all persons providing
service on behalf of A&L and all risks to such persons under this Agreement. A&L
shall require its Workers Compensation carrier to waive all rights of subrogation
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I!;xhibit "A"
against the CITY and its officers and employees and any others for whom services
are being provided under this Agreement.
b) Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
owned vehicles. The policy shall have at least a combined single limit of$l ,000,000
for bodily injury and property damage.
c) Professional Liability Insurance with limits of at least $ I ,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."
A&L 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 A&L 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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Exhibit "A"
All policies required above are to be primary and non-contributing with any insurance or self-
. 2 insurance programs carried or administered by the CITY or other parties represented under this
3 Agreement.
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All communications and billings to the CITY are to be directed as follows:
5 City Attorney's Office
CITY OF SAN BERNARDINO
6 300 North "0" Street
San Bernardino, CA 92418
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8 Dated:
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13 Dated:
,2007 ARIAS & LOCKWOOD
By: Joseph Arias
,2007
CITY OF SAN BERNARDINO
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By: Patrick J. Morris, Mayor
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19 Approved as to form:
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JAMES F. PENMAN,
21 City Attorney
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By:
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