HomeMy WebLinkAbout2010-013
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RESOLUTION NO. 2010- 13
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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 JUDITH LITTLE, et al v. CITY OF SAN
BERNARDINO, et al., UNITED STATES DISTRICT COURT CASE NO. CV 09-06068-SVW
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BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed I
to execute on behalf of said City a Professional Services Agreement betwecn Arias & Lockwood and
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the City of San Bcrnardino for legal services in the case of Judith Little. et al. v. City of San
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Bernardino. et at.. United States District Court Case No. CV 09-06068-SVW, a copy of which is
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attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth
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at length.
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SECTION 2. The authorization granted by this Resolution shall expire and be void and
of no further effect if the agreement is not executed by both parties and rcturned to' the Office of the
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City Clerk within sixty (60) days following thc cffcctive date of this Resolution.
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F:\ROTlI\Litigatll.m Cases - Outside C'ounscl\Littlc\Littlc.Rcso.\\:pd 1
2010-13
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 JUDITH LITTLE, et al v. CITY OF SAN
3 BERNARDINO, et al., UNITED STATES DISTRICT COURT CASE NO. CV 09-06068-SVW
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the Istday
6 of Februarv
, 20 I 0, by the following vote, to wit:
The foregoing Resolution is hereby approveu thi5ddday of !,p)mtRry, 2010.
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Mayor
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22 Approved as to fornl:
23 JAMES F. PENMAN,
City Attorney .
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F:\ROTH\l.itigation Cases. Outside Counscl\Littlc\Littlc.Rcso.\\pd 2
2010-13
PROFESSIONAL SERVICES AGREEMENT
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JUDITH LITTLE, et al I'. CITY OF SAN BERNARDINO, et al.
UNITED STATES DISTRICT COURT CASE NO. CV 09-06068-SVW
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Thc CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firnl of ARIAS
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5 & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
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A&L will bc rcprcscnting thc following cntities and pcrsons in this litigation: CITY
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7 OF SAN BERNARDINO, CHIEF KEITH KILMER, OFFICERS J. SHANK, C. JOHNSON, D.
8 GOMEZ, HERNANDEZ, and any other designated officer or employee ofthc CITY in the case of
9 Judith Little. er al. v. City of San Bemardino. et al., United States District Court Case No. CV 09-
10 06068-SVC. A&Lshall not represent any client in any type of claim against the CITY without prior
1 J written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's
12 Office.
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A&L shall be paid at thc hourly rates set forth below:
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14 Attorneys - $145.00 per hour; and,
15 Law Clerks/Paralegals - $70.00 per hour.
16 The amounts expended under this agrecment for attorney fees shall nOl cxcecd
17 $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 5th day of
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19 each succeeding month.
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5.
The actual cost for filing fces, telephone chargcs, photocopying, postage, lodging,
21 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
22 A&L may include a single charge in an amount not to exceed four percent (4%) ofattomey fees in
23 lieu of reimburscment for photocopying, telephone chargcs, and postage.
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6.
If attorney fees are chargcd "portal to portal" (e.g.. from office to court and return),
25 then A&L shall not be entitlcd to reimbursement for mileage and parking fees.
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7.
A&L shall obtain approval from thc CITY to retain cxpcrt witnesses, consultants, and
27 other professionals (not including court reporters) for purposes of thc litigation. A&L may, if it
28 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
EXHIBIT "A"
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2010-13
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 Dcpartment.
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8.
Status reports will be submittcd to the CITY through the City Attorney's Office
5 whenever any significant event occurs, and in any event at least quarterly. lnfornlation sufficient to
6 sct reserves, including, without limitation, potcntialliabilityexposure and percentage of fault, shall
7 be included.
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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 othcr litigation.
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Copies of any corrcspondcnce and other documents sent to any of the parties in this
12 action shaJ! also bc provided to the CITY through thc City Attorney's Office.
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Any and all settlements shall require CITY approval. Request for settlement authority
14 shall be made through the City Attorncy's Office which shall obtain the necessary CITY approvals.
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In the event the settlement value of this case appears to exceed $50,000.00 the City
16 Attorney's Office shall bc notified immediately.
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Only Joseph Arias of ARIAS & LOCKWOOD or another senior attorney approved
18 by the City shall conduct the trial of this case.
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14.
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No client development costs are to be included in billings.
No continuing education cxpenses are to be included in billings.
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Final billing shall be accompanied by copics of the Request for Dismissal,
22 Satisfaction of Judgment, Release and any other final documents.
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17.
Either party may ternlinate this Agreement at will. A&L will continue to represent
24 the CITY on the ternlS and conditions in this Agreement until the case and file are transferred to
25 another attorney.
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a)
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A&L is an indcpcndcnt contractor as to the CITY.
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A&L shall maintain the following types of insurance with limits as shown:
Workers Compensation as required by the laws of the State of California,
EXHIBIT "A"
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including Employment Liabilitywith $250,000 limits covering all persons providing
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scrvice on bchalf of A&L and all risks to such persons under this Agreemcnt. A&L
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shall require its Workcrs Compensation carrier to waive all rights of subrogation
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against thc CITY and its officers and employees and any others for whom services
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arc bcing provided under this Agreement.
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b)
Comprehensive General and Automobile Liability Insurance coverage to
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include contractual coverage and automobile coverage for owned, hired and non-
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owned vehicles. The policy shall have at least a combined single limit of$I,OOO,OOO
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for bodily injury and property damage.
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Professional Liability Insurance with limits of at least S I ,000,000 per claim.
c)
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In lieu of naming the CITY as an additional insured, the policy may be endorscd as
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follows:
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"Insurance coverage afforded by this policy shall also apply
to the liability assumcd by the lnsurcd under thc Agreement with the
CITY OF SAN BERNARDINO for Icgal 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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A&L shall furnish certificates of insurance and certified copics of all policies and
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endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
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to the commencement of perfornlance of services hereunder, which certificates shall provide that
such insurance shall not be ternlinated or cxpire without thirty (30) days written notice to the City
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Attorney's Office, and shall maintain such insurance from thc time A&L commences perfornlance
of services hereunder until the completion of such services.
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All policies, with rcspect to the insurance coverage above required, except for the
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Workers Compensation insurance coveragc and profcssionalliability coverage, if applicablc, shall
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obtain additional endorsements naming the CITY and all parties represented under this Agreemcnt,
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thcir cmployees, agents, volunteers and officers as additional named insureds with respcct to
liabilitics arising out of the perfornlance of services hereunder.
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III
EXHIBIT "A"
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2010-13
All policies required above are to be primary and non-contributing with any insurance
2 policies or self-insurance programs carricd or administered by the CITY or other parties represented
3 under this Agreement.
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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" Strcet
San Bernardino, CA 92418
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8 Dated: k1f
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,2010
ARIAS & LOCKWOOD
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13 Dated: ...:J....-dr,;2.. , 20 I 0
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19 Approved as to fOrnl:
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JAMES F. PENMAN,
21 City Attorncy
22 By: L cij-s/
23 f/ '
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CITY OF SAN BERNARDINO
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y: PatrI k J. Morri~
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EXHIBIT "A"
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