HomeMy WebLinkAbout2010-012
,
.
RESOLUTION NO. 2010- 12
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN BERNARDINO
4 FOR LEGAL SERVICES IN THE CASE OF ESTATE OF TERRY NASH, et al. v. CITY OF
SAN BERNARDINO, et al., UNITED STATES DISTRICT COURT CASE NO. CA 09-08671-
5 RGK
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed
8
to execute on behalf of said City a Professional Services Agreement between Arias & Lockwood and
9
the City of San Bernardino for legal services in the case of Eslale afTeny Nash. el al. v. CilyafSan
10
Bernardll1o. el al.. United States District Court Case No. CA 09-08671-RGK, a copy of which is
11
attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth
12
at length.
13
SECTION 2. The authorization granted by this Resolution shall expire and be void and
14
of no further effect if the agreement is not executed by both parties and returned to the Office of the
15
City Clerk within sixty (60) days following the effective date of this Resolution.
16
1//
17
1//
18
/1/
19
/1/
20
/1/
21
1//
22
1//
23
1//
24
/1/
25
/1/
26
1//
27
1//
28
F:\ROTIl\Litigatlon Case<,. Outside Counscl\Nash\NashReso.wpd 1.
.2010-12
1 RESOLUTION OFTHEMA YORAND COMMON COUNCIL OFTHECITYOF 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 ESTATE OF TERRY NASH, et al. v. CITY OF
3 SAN BERNARDINO, etal., UNITED STATES DISTRICT COURT CASE NO. CA 09-08671-
RGK
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint
Common Council of the City of San Bernardino at a rpgnl Rr meeting thereof, held on the Ls..tday
6
of Fphrll:1ry
,2010, by the following vote, to wit:
7
COUNCIL MEMBERS: AYES NAYS ABST AIN ABSENT
8
ESTRADA X
9
BAXTER X
10
BRINKER X
11
SHORETT X
12
KELLEY X
13
JOHNSON X
14
MC CAMMACK X
15
16 ~~}-~_L_t /;;;. ~
Rae Tel Clark, Cltv Clerk
17
18
The foregoing Resolution is hereby approved this~day of~:.~.ruary .2010.
19
20
21
Mayor
22
Approved as to fornl:
23
24
JAMES F. PENMAN,
Ci;;z:.:
By: ~
25
26
27
28
F:\KOTl-I\Litigallon Cases - Outside Counscl\Nash\Nash.Rcso.wpd 2
.'
2010-12
PROFESSIONAL SERVICES AGREEMENT
2
3
ESTATE OF TERR Y NASH, et al v. CITY OF SAN BERNARDINO, et al.
UNITED STATES DISTRICT COURT CASE NO. CA 09-08671-RGK
4
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firnl of ARIAS
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, OFFICERS BELLAMY, NEWTON, ROGERS, D. GOMEZ, WALTON,
8 E. MARTIN, MURPHY, S. SANDOVAL, and any other designated officer or employee of the ClTY
9 in the case of Estate of Terry Nash. et al v. City of San Bernardino. et al.. United States District
10 Court Case No. CA 09-0867l-RGK. A&L shall not represent any client in any type of claim against
II the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through
12 the City Attorney's Office.
13
3.
A&L shall be paid at the hourly rates set forth below:
14 Attorneys - $145.00 per hour; and,
15 Law Clerks/Paralegals - $70.00 per hour.
16 The amounts expended under this agreement for attorney fees shall not exceed
17 $25,000 without further approval of the Mayor and Common Council.
18
4.
Bills shall be submitted at least on a monthly basis and no later than the 5th day of
19 each succeeding month.
20
5.
The actual cost for filing fees, telcphone charges, photocopying, postagc, lodging,
21 mileage and related travcl costs shall bc itemizcd when submitted to thc CITY for reimbursement.
22 A&L may include a single charge in an amount not to exceed four percent (4%) of attorney fees in
23 licu of reimbursement for photocopying, telephone charges, and postagc.
24
6.
Ifattomey fees are charged "portal to portal" (e.g., from officc to court and return),
25 then A&L shall not bc entitled to reimbursement for milcage and parking fees.
26
A&L shall obtain approval from the CITY to rctain expert witnesses, consultants, and
27 other professionals (not including court reporters) for purposcs of the litigation. A&L may, if it
7.
28 chooses, pay the fees and chargcs of such consultants and seek reimburscment from the CITY on its
EXHIBIT "A"
F:\ROTII\LitigatioJ1 Cases. Outside Counsel\Nash\Nash.t>rofcssionalSvcs.Agrccmcnl."'Pd
Page 1
2010-12
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 Financc Dcpartment.
4
8.
Status reports will be submitted to the CITY through the City Attorney's Office
5 whenever any signi ficant event occurs, and in any event at least quarterly. Infornlation sufficient to
6 set reserves, including, without limitation, potential liability exposure and percentage offault, shall
7 be included.
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 providc copics to other parties or attorneys in this
10 or other litigation.
II
10.
Copies of any correspondence and other documents scnt to any of the parties in this
12 action shall also be provided to the CITY through the City Attorncy's Office.
13
]1.
Any and all settlements shall require CITY approval. Request for settlcment authority
14 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
15
12.
In thc cvcnt thc scttlcmcnt value of this case appears to exceed $50,000.00 the City
16 Attorney's Office shall bc notificd 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
20
21
14.
15.
No client development costs are to be includcd in billings.
No continuing education expenscs arc to bc included in billings.
16.
Final billing shall be accompanied by copies of the Request for Dismissal,
22 Satisfaction of Judgment, Release and any othcr final documents.
Either party may ternlinate this Agreement at will. A&L will continue to represent
24 the CITY on the ternlS and conditions in this Agrccment until thc case and filc are transferred to
23
17.
25 another attorncy.
26
18.
27
19.
28
a)
A&L is an independent contractor as to thc CITY.
A&L shall maintain the following types of insurance with limits as shown:
Workers Compensation as required by the laws of the State of Cali fomi a,
EXHIBIT" A"
F:\ROTH\Litigation Cases - Outside Counsel\Nash\Nash.PrcfcssionalSvcs.Ab'Tccment.wpd
Page 2
2010-12
2
including Employmcnt Liabilitywith $250,000 limits covering all persons providing
servicc on behalf of A&L and all risks to such persons under this Agreement. A&L
3
shall require its Workers Compensation carrier to waivc all rights of subrogation
4
against the CITY and its officers and employees and any others for whom services
are being providcd under this Agreement.
5
6
b)
Comprehensivc Gcneral and Automobile Liability Insurance coverage to
7
include contractual covcrage and automobile coverage for owned, hircd and non-
8
9
owned vchicles. The policy shall have at least a combined singlc limit of$I,OOO,OOO
for bodily injury and property damage.
10
c)
Professional Liability Insurance with limits of at least $1,000,000 per claim.
II
In lieu of naming the CITY as an additional insurcd, the policy may be endorsed as
12
13
follows:
14
"Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agrcemcnt with thc
CITY OF SAN BERNARDINO for legal serviccs, 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."
15
16
A&L shall furnish certificates of insurance and certified copies of all policies and
17
cndorsements to the City Attorney's Office evidcncing thc insurance coverage above required prior
18
to the commencemcnt of perfornlance of services hereunder, which certificates shall provide that
19
such insurance shall not be ternlinated or expire without thirty (30) days written notice to the City
20
Attorney's Officc, and shall maintain such insurancc from thc timc A&L commcnces perfornlance
21
of services hcreunder until the complction of such services.
22
All policies, with respect to the insurance coveragc above required, except for the
23
Workers Compensation insurance coverage and professional liability coverage, if applicablc, shall
24
25
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26
their employees, agents, volunteers and officcrs as additional named insureds with respect to
liabilities arising out of the perfornlancc ofscrviccs hereunder.
27
III
28 EXHIBIT "A"
F:\ROTII\I.itigatlon Cases - Outside Counscl\Nash\Nash.ProfessionaISvcs.Agrccmcnt.wpd Page)
2010-12
All policies requircd above arc 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 Agrccment.
4
20.
All communications and billings to the CITY are to bc directed as follows:
5
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bcrnardino, CA 92418
6
7
8 Dated: 2.:::_/5
9
,2010
ARIAS & LOCKWOOD
10
11
12
13 Dated: -::;:J...d,2., 2010
14
15
16
17
18
19 Approvcd as to fornl:
20
JAMES F. PENMAN,
21 c~
22
By' ~
23
24
25
26
27
28
CITY OF SAN BERNARDINO
~
EXHIBIT "A"
F:\ROTH\Litigation Cases. Outside Counscl\Nash\Nash.ProfcssionaISvcs.Agrccmcnt. \\'Pd
Page 4