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HomeMy WebLinkAbout2008-036 1 RESOLUTION NO. 2008-16 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 JANE BATEY, DAN BATEY v. CITY OF SAN BERNARDINO, et aL, 4 Superior Court Case No. SCVSS 141503 5 6 7 8 9 10 11 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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" 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. 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 P:\LUCZAK\CIVIL\Batey-Joe Arias\Batey.Resolution. wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE HIRING OF ARIAS & LOCKWOOD TO 2 REPRESENT THE CITY AND ANY DESIGNATED EMPLOYEE REGARDING THE CASE ENTITLED JANE BA TEY, DAN BA TEY v. CITY OF SAN BERNARDINO, et al., 3 Superior Court Case No. SCVSS 141503 4 5 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 Q~h.~ Racnel G. Clark, City Clerk 18 The foregoing Resolution is hereby approved this tom day of February 2008. 19 20 21 22 Approved as to form: 23 24 25 26 27 28 -:;. JAMES F. PENMAN City Attorney P:\LUCZAK\CrvIL\Batey-Joe Arias\Batey.Resolution. wpd 2 2008-36 1 2 3 4 PROFESSIONAL SERVICES AGREEMENT Jane Batey, Dan Batey vs. City of San Bernardino, et at. San Bernardino Snperior Court Case No. SCVSS 141503 The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS 1. 5 & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement. 6 2. A&L will be representing the following entities and persons in this litigation: CITY 7 OF SAN BERNARDINO and any of its designated employees. A&L shall not represent any client 8 in any type of 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 - $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 $30,000 14 without further approval of the Mayor and Conunon 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. 17 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. 21 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. 23 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. P,ILUCZAKICIVILIBatey.Joe AriasIBatey.PSA.wpd 2008-36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 of fault 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 ofthis 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 ofthe 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 P:\LUCZAK\CrvIL\Batey-Joe Arias\Batey.PSA.wpd 2008-36 I 2 3 4 5 6 7 8 9 10 11 12 13 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 of this 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 of the performance of services hereunder. 25 III 26 III 27 28 P:\LUCZAK\CIVIL\Batey.Joe Arias\Batey.PSA. wpd 2008-36 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. 4 5 6 7 8 Dated: 2. - /1 20. 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 ,2008 9 10 11 12 13 Dated: L1, b G- ,2008 14 15 16 17 18 19 Approved as to form: 20 JAMES F. PENMAN, 21 City Attorney 22 .t~ 23 24 25 26 27 28 P:\LUCZAK\CrvIL\Batey-Joe Arias\Batey.PSA.wpd CITY OF SAN BERNARDINO ~~~ ~ck J. MOrrls;-Maj'er ~