HomeMy WebLinkAbout2009-265
1 RESOLUTION NO. 7009-265
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT WITH ARIAS & LOCKWOOD FOR LEGAL SERVICES IN
THE CLAIM OF SHERYL NASH, ET AL.
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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 directed to
8 execute on behalf of said City a Professional Services Agreement between Arias & Lockwood and the
9 City of San Bernardino for legal services in the Claim of Shelyl Nash, et al., a copy of which is
10 attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth
II allength.
12 SECTION 2. The authorization granted by this Resolution shall expire and be void and of
13 no further effect if the agreement is not executed by both parties and returned to the Office of the City
14 Clerk within sixty (60) days following the effective date of this Resolution.
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2009-265
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 CLAIM OF SlIERYL NASlI, ET AI-.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held
6 on the 20th day of July, 2009, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES
8 ESTRADA X
9 BAXTER x
10 BRINKER ~
II SHORETT ----X-
12 KELLEY X
13 JOHNSON X
14 MCCAMMACK X
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NAYS
ABSTAIN ABSENT
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19
~~r~Cit~:YC
The foregoing Resolution is hereby approved this ~day of July, 2009.
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21
c J. Moms, r
of San Bernardino
22 Approved as to Form:
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23 JAMES F. PENMAN,
City Attorney
24 ()
25 By: ~"'_..-.. 7.f~
()
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2009-265
EXHIBIT "A"
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PROFESSIONAL SERVICES AGREEMENT
SHERYL NASH, ET AL. v. CITY OF SAN BERNARDINO. ET AI.
(GOVERNMENT CLAIM)
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1.
The CITY OF SAN BERNARDINO (hereinafter"CITY") and the law firm of ARIAS
5 & LOCKWOOD (hereinafter "A&Ln) are the parties to this Agreement.
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A&L will represent the CITY and any designated officer or employee of the CITY
2.
7 who may be named as a defendant with respect to the Government Claim of SHERYL NASH, ET
8 AL. v. CITY OF SAN BERNARDINO, ET AL. A&L shall not represent any client in any type of
9 claim against the CITY without prior written approval to do so from the CITY OF SAN
IO BERNARDINO through the City Attorney's Office.
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3.
A&L shall be paid at the hourly rates set forth below:
12 Attorneys - $145.00 per hour; and,
13 Law Clerks/Paralegals - $70.00 per hour.
14 The amounts expended under this agreement for attorney fees shall not exceed
15 $25,000 without further approval of the Mayor and Common Council.
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Bills shall be submitted at least on a monthly basis and no later than the 51h day of
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17 each succeeding month.
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The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
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19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
20 A&L may include a single charge in an amount not to exceed four percent (4%) of attorney fees in
21 lieu of reimbursemenl for photocopying, telephone charges, and postage.
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6.
If attorney fees are charged "portal to portal" (e.g., from office to court and return),
23 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 witnesses, consultants. and
25 other professionals (not including court reporters) for purposes of the litigation. A&L may, if it
26 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
27 periodic statement, or it may forward the consultant's bill to the CITY with a request thallhe CITY
28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
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2009-265
Finance Department.
2 8. Status reports will be submitted to the CITY through the City Attorney's Office
3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
4 set reserves, including, without limitation, potential liability exposure and percentage offault, shall
5 be included.
6 9. Copies of any correspondence and other documents sent to any of the parties in this
7 action shall also be provided to the CITY through the City Attorney's Office.
8 10. Copies of all opinions shall be provided to the CITY through the City Attorney's
9 Office.
10 II. 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 lhe settlement value of this case appears to exceed $50,000.00 the City
13 Attorney's Office shall be notified immediately.
14 13. Only Joseph Arias of A&L shall perform the legal work hereunder.
15 14. No client development costs are to be included in billings.
16 15. No continuing education expenses are to be included in billings.
17 16. Final billing shall be accompanied by copies of the Request for Dismissal,
18 Satisfaction of Judgment, Release and any other final documents.
19 17. Either party may terminate this Agreement at will. A&L will continue to represent
20 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
21 another attorney.
22 18. A&L is an independent contractor as to the CITY.
23 19. A&L shall maintain the following types of insurance with limits as shown:
24 a) Workers Compensation as required by the laws of the Stale of California,
25 including Employment Liabilitywith $250,000 limits covering all persons providing
26 service on behalf of A&L and all risks to such persons under this Agreement. A&L
27 shall require its Workers Compensation carrier to waive all rights of subrogation
28 against the CITY and its officers and employees and any others for whom services
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2009-265
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are being provided under this Agreement.
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b)
Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
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owned vehicles. The policy shall have at least a combined single limit of$1 ,000,000
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for bodily injury and property damage.
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c)
Professional Liability Insurance with limits of at least $1,000,000 per claim.
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In lieu of naming the CITY as an additional insured, the policy may be endorsed as
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follows:
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"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 of this policy are to remain unchanged."
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13 A&L shall furnish certificates of insurance and certified copies of all policies and
14 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
15 to the commencement of performance of services hereunder, which certificates shall provide that
16 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
17 Attorney's Office, and shall maintain such insurance from lhe time A&L commences performance
18 of services hereunder until the completion of such services.
19 All policies, with respect to the insurance coverage above required, except for the
20 Workers Compensalion insurance coverage and professional liability coverage, if applicable, shall
21 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
22 their employees, agents, volunteers and officers as additional named insured with respect to
23 liabilities arising out of the performance of services hereunder.
24 All policies required above are to be primary and non-contributing with any insurance
25 policies or self-insurance programs carried or administered by the CITY or other parties represented
26 under this Agreement.
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2009-265
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PROFESSIONAL SERVICES AGREEMENT
SHERYL NASH, ET AL. v. CITY OF SAN BERNARDINO, ET AL.
(TORT CLAIM)
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20.
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
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40/1. ?
Dated~ _, 2009
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ARIAS & LOCKWOOD
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13 Dated: Jul~2009
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19 Approved as to form:
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JAMES F. PENMAN,
21 City Attorney
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CITY OF SAN BERNARDINO
@fric~r
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