HomeMy WebLinkAbout2007-019
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RESOLUTION NO. 2007-19
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE HIRING OF ARIAS & LOCKWOOD TO
3 REPRESENT THE CITY AND ANY DESIGNATED EMPLOYEE REGARDING THE
CASE ENTITLED MARY LOUISE VARGAS, ET AL. V. CITY OF SAN BERNARDINO,
4 ET AL., UNITED STATES DISTRICT COURT CASE NO. EDCV 06-01402 V AP (JCRx)
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
8 directed to execute on behalf of said City a Professional Services Agreement between Arias &
9 Lockwood and the City of San Bernardino for legal services, a copy of which is attached
10 hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at
11 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 the
14 City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO APPROVING THE HIRING OF ARIAS & LOCKWOOD TO
REPRESENT THE CITY AND ANY DESIGNATED EMPLOYEE REGARDING THE
3 CASE ENTITLED MARY LOUISE VARGAS, ET AL. V. CITY OF SAN BERNARDINO,
ET AL., UNITED STATES DISTRICT COURT CASE NO. EDCV 06-01402 VAP (JCRx)
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular
7 thereof, held on the 22nd day of
8 COUNCIL MEMBERS: AYES
9 ESTRADA X
10 BAXTER x
11 BRINKER y
12 DERRY x
13 KELLEY x
14 JOHNSON y
15 MCCAMMACK X
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meeting
.Januarv
,2007, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
~h.~
R el G. Clark, City Clerk
19 The foregoing Resolution is hereby approved this ~1no'day of January
2007.
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Approved as to form:
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Tobin Brinker, Mayor Pro Tern
City of San Bernardino
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2007-19
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PROFESSIONAL SERVICES AGREEMENT
Mary Louise Vargas, et af. v. City of San Bernardino, et af.
United States District Court Case No. EDCV 06-01402 V AP (JSRx).
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
5 & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
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2.
A&L will be representing the following entities and persons in this litigation: CITY
7 OF SAN BERNARDINO and any designated employee of the CITY. A&L shall not represent any
8 client in any type of claim against the CITY without prior written approval to do so from the CITY
9 OF SAN BERNARDINO through the City Attorney's Office.
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3.
A&L shall be paid at the hourly rates set forth below:
II Attorneys - $135.00 per hour; and,
12 Law ClerkslParalegals - $60.00 per hour.
13 The amounts expended under this agreement for attorneys fees shall not exceed
14 $25,000 without further approval of the Mayor and Common Council.
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4.
Bills shall be submitted at least on a monthly basis and no later than the 5th day of
16 each succeeding month.
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5.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 A&L may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
20 reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
22 then A&L shall not be entitled to reimbursement for mileage and parking fees.
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7.
A&L shall obtain approval from the CITY to retain expert consultants and other
24 professionals (not including court reporters) for purposes of defending the litigation. A&L may, if
25 it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its
26 periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY pay
27 it directly. Consultants shall not bill the CITY directly without prior approval ofthe CITY'S Finance
28 Department.
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2007-19
1 8. Status reports will be submitted to CITY tbrough 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.
5 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.
8 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 tbrough the City Attorney's Office.
10 11. Any and all settlements shall require CITY approval. Request for settlement authority
11 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
13 Attorney's Office shall be notified inunediately.
14 13. Only Joseph Arias of ARIAS & LOCKWOOD or other senior attorney approved by
15 the City shall try this case.
16 14. No client development costs are to be included in billings.
17 15. No continuing education expenses are to be included in billings.
18 16. Final billing shall be accompanied by copies of the Request for Dismissal,
19 Satisfaction of Judgment, Release and any other final documents.
20 17. 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.
23 18. A&L is an independent contractor as to the CITY.
24 19. A&L shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws of the State of California,
26 including Employment Liabilitywith $250,000 limits covering all persons providing
27 service on behalf of A&L and all risks to such persons under this Agreement. A&L
28 shall require its Workers Compensation carrier to waive all rights of subrogation
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2007-19
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against the CITY and its officers and employees and any others for whom services
are being provided under this Agreement.
b)
Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
owned vehicles. The policy shall have at least a combined single limit of$I,OOO,OOO
for bodily injury and property damage.
c)
Professional Liability Insurance with limits of at least $1,000,000 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."
14 A&L shall furnish certificates of insurance and certified copies of all policies and
15 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
16 to the commencement of performance of services hereunder, which certificates shall provide that
17 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
18 Attorney's Office, and shall maintain such insurance from the time A&L commences performance
19 of services hereunder until the completion of such services.
20 All policies, with respect to the insurance coverage above required, except for the
21 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
22 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
23 their employees, agents, volunteers and officers as additional named insured with respect to
24 liabilities arising out of the performance of services hereunder.
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2007-19
1 All policies required above are to be primary and non-contributing with any insurance or se1f-
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:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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8 Dated: ~ ~ 7 ,2007
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13 Dated: S..". )...'f ,2007
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19 Approved as to form:
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JAMES F. PENMAN,
21 City Attorney
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. Joseph Arias
CITY OF SAN BERNARDINO
<12-t c. ~
By: Tobin Brinker, Mayor Pro Tern
City of San Bernardino