HomeMy WebLinkAbout2010-085
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RESOLUTION NO. ...2!llil.-85
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
LAW FIRM OF MIRAU, EDWARDS, CANNON, LEWIN & TOOKE IN THE CASE OF
4 SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891, NATHAN
LOPEZ v. CITY OF SAN BERNARDINO, SAN BERNARDINO FIRE DEPARTMENT, et al.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between the City of
10 San Bernardino and Mirau, Edwards, Cannon, Lewin & Tooke for legal services, a copy of which
11 is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set
12 forth at length.
13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the agreement is not executed by both parties and returned to the Office of the City
15 Clerk within sixty (60) days following the effective date of the resolution.
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17 III
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21 III
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24 III
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26 III
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2010-85
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
3 LAW FIRM OF MIRAU, EDWARDS, CANNON, LEWIN & TOOKE IN THE CASE OF
SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891, NATHAN
4 LOPEZ v. CITY OF SAN BERNARDINO, SAN BERNARDINO FIRE DEPARTMENT, et al.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting thereof,
7 Common Council of the City of San Bernardino at a j oint regular
,2010, by the following vote, to wit:
8 held on the 3rd day of May
9 COUNCIL MEMBERS:
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
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NAYS
ABSTAIN ABSENT
AYES
X
X
X
X
X
X
X
(2~h.~
RaclWl G. Clark, City Clerk
The foregoing Resolution is hereby approved this /;~ day of May
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24 Approved as to form:
,2010.
25 JAMES F. PENMAN,
City Attorney
26 CJ
27 B~' "l~......~" !~
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2010-85
1 PROFESSIONAL SERVICES AGREEMENT
2 SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891,
NATHAN LOPEZ v. CITY OF SAN BERNARDINO, et al.
3 United States District Court Case No. CV 10-01779 PSG (DTBx)
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1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 MIRAU, EDWARDS, CANNON, LEWIN & TOOKE (hereinafter "MECL&T") are the parties
6 to this Agreement.
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2.
MECL&T will be representing defendant DENIS MOON in this litigation.
8 MECL&T shall not represent any client in any type of claim against the CITY without prior written
9 approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office.
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3.
MECL&T shall be paid at the hourly rates set forth below:
11 Attorneys - $200.00 per hour; and,
12 Law ClerkslParalegals - $65.00 per hour.
13 The amounts expended under this agreement for attorney's fees shall not exceed
14 $25,000 without further approval of the Mayor and Common Council.
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4.
Bills shall be submitted at least on a monthly basis and no later than the 5th day of
16 each succeeding month.
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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 MECL&T may include a single charge in an amount not to exceed four percent (4%) offees in lieu
20 of reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney's fees are charged "portal to portal" (e.g.. from office to court and
22 return), then MECL&T shall not be entitled to reimbursement for mileage and parking fees.
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7.
MECL&T shall obtain approval from the CITY to retain expert consultants and
24 other professionals (not including court reporters) for purposes of defending the litigation.
25 MECL&T may, ifit chooses, pay the fees and charges of such consultants and seek reimbursement
26 from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request
27 that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval
28 of the CITY's Finance Department.
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EXHIBIT "A"
2010-85
1 8. Status reports will be submitted to CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
3 to set reserves, including, without limitation, potential liability exposure and percentage offault
4 shall be included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants
9 in this action shall also be provided to the CITY through the City Attorney's Office.
10 11. Any and all settlements shall require CITY approval. Request for settlement
11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
12 approvals.
13 12. In the event the settlement value of the case appears to exceed $50,000, the City
14 Attorney's Office shall be notified immediately.
15 13. Only William P. Tooke ofMIRAU, EDWARDS, CANNON, LEWIN & TOOKE
16 or other senior attorney approved by the CITY shall try this case.
17 14. No client development costs are to be included in billings.
18 15. No continuing education expenses are to be included in billings.
19 16. Final billing shall be accompanied by copies of the Request for Dismissal,
20 Satisfaction of Judgment, Release and any other final documents.
21 17. Either party may terminate this contract at will. MECL&T will continue to
22 represent the CITY on the terms and conditions in this Agreement until the case and file are
2 3 transferred to another attorney.
24 18. MECL&T is an independent contractor as to the CITY.
25 19. MECL&T shall maintain the following types of insurance with limits as shown:
26 a) Workers Compensation as required by the laws of the State of
27 California, including Employment Liability with $250,000 limits covering all
28 persons providing service on behalf of MECL&T and all risks to such persons
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2010-85
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under this Agreement. MECL&T 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
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Agreement.
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b)
Comprehensive General and Automobile Liability Insurance
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coverage to include contractual coverage and automobile coverage for owned,
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hired and non-owned vehicles. The policy shall have at least a combined single
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limit of $1,000,000 for bodily injury and property damage.
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c)
Professional Liability Insurance with limits of at least $1 ,000,000
10 per claim. In lieu of naming the CITY as an additional insured, the policy may
11 be endorsed as follows:
12 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
13 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
14 or subcontractors. All other provisions ofthis policy are to remain unchanged."
15 MECL&T shall furnish certificates of insurance and certified copies of all policies
16 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
17 prior to the commencement of performance of services hereunder, which certificates shall provide
18 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
19 City Attorney's Office, and shall maintain such insurance from the time MECL&T commences
20 performance of services hereunder until the completion of such services.
21 All policies, with respect to the insurance coverage above required, except for the
22 Workers' Compensation insurance coverage and professional liability coverage, if applicable, shall
23 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
24 their employees, agents, volunteers and officers as additional named insured with respect to
25 liabilities arising out of the performance of services hereunder.
26 All policies required above are to be primary and non-contributing with any
27 insurance or self-insurance programs carried or administered by the CITY or other parties
28 represented under this Agreement.
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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
2010-85
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DATED: Mli'l _, 2010
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DATED: May L, 2010
Approved as to form:
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JAMES F. PENMAN,
City Attorney
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MIRAU, EDWARDS, CANNON & TOOKE
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By: William P. Tooke
CITY OF SAN BERNARDINO
~.~)
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