HomeMy WebLinkAbout2010-379A
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RESOLUTION NO. 2010-379 A
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE RETENTION OF BOORNAZIAN, JENSEN &
3 GARTHE TO REPRESENT THE CITY IN THE CASE ENTITLED LANDMARK
AMERICAN INSURANCE COMPANY V. CITY OF SAN BERNARDINO, SAN
4 BERNARDINO SUPERIOR COURT CASE NO. CIVDS 1015159.
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
8 directed to execute on behalf of said City a Professional Services Agreement between
9 Boornazian, Jensen & Garthe and the City of San Bernardino for legal services, a copy of
10 which is attached hereto marked Exhibit "A" and incorporated herein by reference as though
11 fully set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is not executed by both parties and returned to the Office of the
14 City Clerk within sixty (60) days following the effective date of the resolution.
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2010-379A
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO APPROVING THE HIRING OF BOORNAZIAN, JENSEN & GARTHE
TO REPRESENT THE CITY IN THE CASE ENTITLED LANDMARK AMERICAN
3 INSURANCE COMPANY V. CITY OF SAN BERNARDINO, SAN BERNARDINO
SUPERIOR COURT CASE NO. CIVDS 1015159.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a
joint regular
meeting
7 thereof, held on the 6th day of December
, 2010, by the following vote, to wit:
8 COUNCIL MEMBERS:
9 MARQUEZ
10 DESJARDINS
AYES
NAYS
ABST AIN ABSENT
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11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
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Racl1el G. Clark, City Clerk
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19 The foregoing Resolution is hereby approved this t],'f~ay of December
2010.
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~YOT
City of San Bernardino
Approved as to form:
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2010-379A
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PROFESSIONAL SERVICES AGREEMENT
Landmark American Insurance Company, an Oklahoma Corporation
v. City of San Bernardino
SAN BERNARDINO SUPERIOR COURT CASE NO.: CIVDS 1015159
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
BOORNAZIAN, JENSEN & GARTHE (hereinafter "BJ&G") are the parties to this Agreement.
2. BJ&G will be representing the following entities and persons in this litigation: CITY
OF SAN BERNARDINO. BJ&G 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. BJ&G shall be paid at the hourly rates set forth below:
Attorneys - $225.00 per hour; and,
Law Clerks/Paralegals - $75.00 per hour.
The amounts expended under this agreement for attorneys 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
each succeeding month.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
BJ &G may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
reimbursement for photocopying, telephone charges, and postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
then BJ&G shall not be entitled to reimbursement for mileage and parking fees.
7. BJ &G shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. BJ&G may, if
it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its
periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY pay
it directly. Consultants shall not bill the CITY directly without prior approval ofthe CITY'S Finance
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EXHIBIT "A"
2010-379 A
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Department.
8. Status reports will be submitted to CITY through the City Attorney's Office whenever
any significant event occurs, and in any event at least quarterly. Information sufficient to set
reserves, including, without limitation, potential liability exposure and percentage of fault shall be
included.
9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
or other litigation.
10. Copies of any correspondence and other documents sent to any of the defendants in
this action shall also be provided to the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval. Request for settlement authority
shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12. In the event the settlement value of this case appears to exceed $50,000.00 the City
Attorney's Office shall be notified immediately.
13. Only David J. Garthe of BOORNAZIAN, JENSEN & GARTHE or other senior
attorney approved by the City shall try this case.
14. No client development costs are to be included in billings.
15. No continuing education expenses are to be included in billings.
16. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other final documents.
17. Either party may terminate this contract at will. BJ &G will continue to represent the
CITY on the terms and conditions in this Agreement until the case and file are transferred to another
attorney.
18. BJ&G is an independent contractor as to the CITY.
19. BJ&G shall maintain the following types of insurance with limits as shown:
a) Workers Compensation as required by the laws of the State of California,
including Employment Liability with $250,000 limits covering all persons providing
service on behalf of BJ&G and all risks to such persons under this Agreement.
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2010-379A
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BJ&G 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 $1,000,000
for bodily injury and property damage.
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 defense 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."
15 BJ &G shall furnish certificates of insurance and certified copies of all policies and
16 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
17 to the commencement of performance of services hereunder, which certificates shall provide that
18 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
19 Attorney's Office, and shall maintain such insurance from the time BJ&G commences performance
20 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.
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2010-379 A
1 All policies required above are to be primary and non-contributing with any insurance or self-
2 insurance programs carried or administered by the CITY or other parties represented under this
3 Agreement.
20.
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
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8 Dated: ~ h ,2010
BOORNAZIAN, JENSEN & GARTHE
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--;t~tk-
Dated: ~ c? ,2010
CITY OF SAN BERNARDINO
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19 Approved as to form:
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JAMES F. PENMAN,
City Attorney/
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