HomeMy WebLinkAbout2008-013
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RESOLUTION NO. 2008-13
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 LUISA MARA VILLA V. DEANNA MARIE CROSBY, SHA WNI
4 YVONNE TON-LOY, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
Superior Court Case No. CIVSS 707097
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager ofthe 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" and incorporated herein by reference as though fully 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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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 LUISA MARA VILLA V. DEANNA MARIE CROSBY, SHA WNI
4 YVONNE TON-LOY, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
Superior Court Case No. CIVSS 707097
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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 j oint regular
meeting
, 2008 by the following vote, to wit:
ABSTAIN ABSENT
~~ J:;.~
el G. Clark, City Clerk
20 The foregoing Resolution is hereby approved this e1""" day of J anuarv
2008.
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CK J. MO , Mayor
San Bernardino
24 Approved as to form:
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JAMES F. PENMAN
City Attorney
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2008-13
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PROFESSIONAL SERVICES AGREEMENT
Luisa Maravilla vs. Deanna Marie Cri)sby, Shawni YVi)nne Ti)n-Li)y,
City i)f San Bernardini), Ci)unty i)f San Bernardini)
San Bernardino Superior Court Case No. CIVSS 707097
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
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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:
11 Attorneys - $145.00 per hour; and,
12 Law Clerks/Paralegals - $70.00 per hour.
13 The amounts expended under this agreement for attorneys fees shall not exceed $25,000
14 without further approval of the Mayor and Common Council.
15 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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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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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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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 of the CITY'S Finance
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2008-13
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8. Status reports will be submitted to CITY through the City Attorney's Office whenever
any significant event occurs, and in any event at least quarterly. Information sufficient to set
reserves, including, without limitation, potential liability exposure and percentage offault shall be
included.
9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
or other litigation.
10. Copies of any correspondence and other documents sent to any of the defendants in
this action shall also be provided to the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval. Request for settlement authority
shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12. In the event the settlement value of this case appears to exceed $50,000.00 the City
Attorney's Office shall be notified immediately.
13. 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.
15. No continuing education expenses are to be included in billings.
16. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other final documents.
17. Either party may terminate this contract at will. A&L will continue to represent the
CITY on the terms and conditions in this Agreement until the case and file are transferred to another
attorney.
18. A&L is an independent contractor as to the CITY.
19. A&L shall maintain the following types of insurance with limits as shown:
a) 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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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$1 ,000,000
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 ofthis policy are to remain unchanged."
14 A&L shall furnish certificates of insurance and certified copies of all policies and
IS 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 Workers
21 Compensation insurance coverage and professional liability coverage, if applicable, shall obtain
22 additional endorsements naming the CITY and all parties represented under this Agreement, their
23 employees, agents, volunteers and officers as additional named insured with respect to liabilities
24 arising out ofthe performance of services hereunder.
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2008-13
1 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:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
LOCKWOOD
CITY OF SAN BERNARDINO
B~&CityM_~
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