HomeMy WebLinkAbout2008-338
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RESOLUTION NO. 2008-338
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN BERNARDINO
FOR LEGAL SERVICES IN THE CASE OF ZAKYIA WATSON, et al. v. CITY OF SAN
4 BERNARDINO, et al., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSS 807970
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
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to execute on behalf of said City a Professional Services Agreement between Arias & Lockwood and
the City of San Bernardino for legal services in the case of Zakyia Watson, et al v, City of San
Bernardino, et ai, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by
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reference as fully as though set forth at length.
SECTION 2. The authorization granted by this Resolution shall expire and be void and
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of no further effect if the agreement is not executed by both parties and returned to the Office of the
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City Clerk within sixty (60) days following the effective date of this Resolution,
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2008-338
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO FOR LEGAL SERVICES IN THE CASE OF ZAKYIA WATSON, et aI. v.
3 CITY OF SAN BERNARDINO, et aL, SAN BERNARDINO SUPERIOR COURT CASE NO.
CIVSS 807970
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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'Common Council of the City of San Bernardino at a rei'ular meeting thereof, held on the2ndday
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of September
, 2008, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA --X-
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BAXTER --X-
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BRINKER -----L-
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DERRY --X-
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KELLEY ~
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JOHNSON ~
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MC CAMMACK --X-
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Rae el Clark, City Clerk
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The foregoing Resolution is hereby approved this 1!!. day of SeptemhE'.,r2008.
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CKJ,MO ayor
San Bernardino
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Approved as to form:
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JAMES F, PENMAN,
24 City Attorney
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200~-338
1 PROFESSIONAL SERVICES AGREEMENT
2 Zakyia Watson, through her Guardian Ad Litem, Crystal Christman, Sherman Watson,
Individually and as representative of the estate of Shawn Lamond Watson,
3 Catherine Thompson, Individually and as representative of Shawn
Lamond Watson v. City of San Bernardino, Officer Jonathan Plummer
4 and Does 1 to 25
San Bernardino Superior Court Case No. CIVSS 807970
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1, The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
& LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
2, A&L will represent the following entities and persons in Zakyia Watson, et al v, City
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of San Bernardino, et al: CITY OF SAN BERNARDINO, OFFICERJONA THAN PLUMMER, and
any other designated officer or 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 - $145.00 per hour; and,
Law Clerks/Paralegals - $70.00 per hour.
The amounts expended under this agreement for attorney 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 5th day of
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each succeeding month,
5, The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
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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 attorney fees in
lieu of reimbursement for photocopying, telephone charges, and postage,
6. If attorney 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 witnesses, consultants, and
other professionals (not including court reporters) for purposes of the litigation. A&L may, if it
chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
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EXHIBIT "A"
2008-338
1 periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY
2 pay it directly, Consultants shall not bill the CITY directly without prior approval of the CITY'S
3 Finance Department.
4 8. Status reports will be submitted to the CITY through the City Attorney's Office
5 whenever any significant event occurs, and in any event at least quarterly, Information sufficient to
6 set reserves, including, without limitation, potential liability exposure and percentage of fault, shall
7 be included, A&L shall comply with all reporting requirements of BICEP, if applicable,
8 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
9 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
10 or other litigation,
11 10, Copies of any correspondence and other documents sent to any ofthe parties in this
12 action shall also be provided to the CITY through the City Attorney's Office,
13 11. Any and all settlements shall require CITY approval. Request for settlement authority
14 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals,
15 12, In the event the settlement value ofthis case appears to exceed $50,000.00 the City
16 Attorney's Office shall be notified immediately,
17 13, Only Joseph Arias of ARIAS & LOCKWOOD or another senior attorney approved
18 by the City shall conduct the trial of this case,
19 14, No client development costs are to be included in billings.
20 15, No continuing education expenses are to be included in billings,
21 16, Final billing shall be accompanied by copies of the Request for Dismissal,
22 Satisfaction of Judgment, Release and any other final documents,
23 17, Either party may terminate this Agreement at will, A&L will continue to represent
24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
25 another attorney,
26 18, A&L is an independent contractor as to the CITY,
27 19. A&L shall maintain the following types of insurance with limits as shown:
28 a) Workers Compensation as required by the laws of the State of California,
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2008-338
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including Employment Liability with $250,000 lirnits covering all persons providing
service on behalf of A&L and all risks to such persons under this Agreement. A&L
shall require its Workers Compensation carrier to waive all rights of subrogation
against the CITY and its officers and employees and any others for whom services
are being provided under this Agreement.
b)
Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
owned vehicles, The policy shall have at least a combined single limit of$l ,000,000
for bodily injury and property damage,
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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 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,"
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
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such insurance shall not be terminated or expire without thirty (30) days written notice to the City
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Attorney's Office, and shall maintain such insurance frorn 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 insureds with respect to
liabilities arising out of the performance of services hereunder.
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2008-338
1 All policies required above are to be primary and non-contributing with any insurance
2 policies or self-insurance programs carried or administered by the CITY or other parties represented
3 under this Agreement.
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All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
LOCKWOOD
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y: Joseph Arias
CITY OF SAN BERNARDINO
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By: trick J. Mom, ayor
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