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HomeMy WebLinkAbout2011-060 I RESOLUTION NO. 2011-60 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 3 SERVICES AGREEMENT BETWEEN ATKINSON, ANDELSON, LOY A, RUUD & ROMO AND THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO CITY 4 PROFESSIONAL FIREFIGHTERS, LOCAL 891; RICHARD "SCOTT" MOSS v. CITY OF SAN BERNARDINO; SAN BERNARDINO CITY COUNCIL; DOES 1-10, inclusive. 5 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 Atkinson, Andelson, 10 Loya, Ruud & Romo and the City of San Bernardino for legal services, a copy of which is attached II hereto marked Exhibit "A" and incorporated herein by reference as though 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 City 14 Clerk within sixty (60) days following the effective date of the resolution. 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III F:\EASLANDIFire Department\SBCPFMoss.Re~,wpd 2011-60 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN ATKINSON, ANDELSON, LOY A, RUUD & ROMO 3 AND THE CITY OF SAN BERNARDINO IN THE CASE OF SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891; RICHARD "SCOTT" MOSS v. CITY OF 4 SAN BERNARDINO; SAN BERNARDINO CITY COUNCIL; DOES 1-10, inclusive. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof, 7 held on the 7th day of March , 2011, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X - 10 VACANT 11 BRINKER x - 12 SHORETT ---X- - 13 KELLEY x 14 JOHNSON x 15 MCCAMMACK x - 16 r2~ h. ~ 17 '-'" CITY CLERK 18 19 The foregoing Resolution is hereby approved this ~ day of M::ITrh ,2011. 20 21 22 Approved as to form: 23 JAMES F. PENMAN, 24 City Attorney 25 .~ 26 27 28 F:\EASLAND\Fire Department\SBCPFMoss.Res.wpd 2 (\?sJ-c..~. Tobin Brinker, Mayor Pro Tern City of San Bcrnardino 2011-60 1 PROFESSIONAL SERVICES AGREEMENT 2 SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891; RICHARD "SCOTT" MOSS v. CITY OF SAN BERNARDINO, et al. 3 San Bernardino Superior Court Case No. CIVDS 1102415 4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 5 ATKINSON, ANDELSON, LOY A, RUUD & ROMO (hereinafter "AALRR") are the parties to 6 this Agreement. 7 2. AALRR will be representing the following entities and persons in this litigation: 8 CITY OF SAN BERNARDINO, SAN BERNARDINO CITY COUNCIL. AALRR shall not 9 represent any client in any type of claim against the CITY without prior written approval to do so 10 from the CITY OF SAN BERNARDINO through the City Attorney's Office. 11 3. AALRR shall be paid at the hourly rates set forth below: 12 Attorneys - $235.00 per hour; and, 13 Law Clerks/Paralegals - $115.00 per hour. 14 The amounts expended under this agreement for attorneys fees shall not exceed 15 $25,000 without further approval of the Mayor and Common Council. 16 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of 17 each succeeding month. 18 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 20 AALRR may include a single charge in an amount not to exceed four percent (4%) offees in lieu 21 of reimbursement for photocopying, telephone charges, and postage. 22 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 23 return), then AALRR shall not be entitled to reimbursement for mileage and parking fees. 24 7. AALRR shall obtain approval from the CITY to retain expert consultants and other 25 professionals (not including court reporters) for purposes of defending the litigation. AALRR may, 26 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on 27 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S F.\EASLANDIFire DepanmentISBCPFMossISBCPFMoss,PSAExhAALRR wpd EXHIBIT "A" 2011-60 1 Finance Department. 2 8. Status reports will be submitted to CITY through the City Attorney's Office 3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 4 to set reserves, including, without limitation, potential liability exposure and percentage of fault 5 shall be included. 6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 7 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 8 in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants loin this action shall also be provided to the CITY through the City Attorney's Office. 11 II. Any and all settlements shall require CITY approval. Request for settlement 12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 13 approvals. 14 12. In the event the settlement value of the case appears to exceed $50,000, the City 15 Attorney's Office shall be notified immediately. 16 13. Only Irma Rodriguez Moisaand/or Nate Kowalski of ATKINSON, ANDELSON, 17 LOY A, RUUD & ROMO, or other senior attorney approved by the CITY, shall try this case. 18 14. No client development costs are to be included in billings. 19 15. No continuing education expenses are to be included in billings. 20 16. Final billing shall be accompanied by copies of the Request for Dismissal, 21 Satisfaction of Judgment, Release and any other final documents. 22 17. Either party may terminate this contract at will. AALRR will continue to represent 23 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 24 another attorney. 25 18. AALRR is an independent contractor as to the CITY. 26 19. AALRR shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws of the State of 28 California, including Employment Liability with $250,000 limits covering all F:\EASLAND\fire Depanment\SBCPFMoss\SBCPFMoss,PSAExh AALRR,wpd EXHIBIT "A" 2011-60 1 persons providing service on behalf of AALRR and all risks to such persons under this Agreement. AALRR shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and 2 3 4 employees and any others for whom services are being provided under this 5 Agreement. 6 b) Comprehensive General and Automobile Liability Insurance 7 coverage to include contractual coverage and automobile coverage for owned, 8 hired and non-owned vehicles. The policy shall have at least a combined single 9 limit of $1 ,000,000 for bodily injury and property damage. 10 c) Professional Liability Insurance with limits of at least $1 ,000,000 11 per claim. In lieu of naming the CITY as an additional insured, the policy may 12 be endorsed as follows: 13 "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN 14 BERNARDINO for legal defense services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents 15 or subcontractors. All other provisions of this policy are to remain unchanged." 16 AALRR shall furnish certificates of insurance and certified copies of all policies 17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 18 prior to the commencement of performance of services hereunder, which certificates shall provide 19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 20 City Attorney's Office, and shall maintain such insurance from the time AALRR commences 21 performance of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage required above, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insured with respect to 26 liabilities arising out of the performance of services hereunder. 27 All policies required above are to be primary and non-contributing with any 28 msurance or self-insurance programs carried or administered by the CITY or other parties F:\EASLAND\Fire DepartmentISBCPFMoss\SBCPFMossPSAExh.AALRR.wpd EXHIBIT "A" 2011-60 1 represented under this Agreement. 2 20. All communications and billings to the CITY are to be directed as follows: 3 4 5 6 DATED: March _, 2011 7 8 9 10 11 DATED: March _,2011 12 13 14 15 16 17 Approved as to form: 18 JAMES F. PENMAN, 19 City Attorney 20 21 By: 22 23 24 25 26 27 28 City Attorney's Office CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: Irma Rodriguez Moisa CITY OF SAN BERNARDINO By: Patrick J. Morris Mayor F:\EA$LAl'.U\Fire Department\SBCPFMoss\SBCPFMossP$AExh.AALRR. wpd EXHIBIT" A" 2011-60 1 PROFESSIONAL SERVICES AGREEMENT 2 SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891; RICHARD "SCOTT" MOSS v. CITY OF SAN BERNARDINO, et al. 3 San Bernardino Superior Court Case No. CIVDS 1102415 4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 5 ATKINSON, ANDELSON, LOY A, RUUD & ROMO (hereinafter "AALRR") are the parties to 6 this Agreement. 7 2. AALRR will be representing the following entities and persons in this litigation: 8 CITY OF SAN BERNARDINO, SAN BERNARDINO CITY COUNCIL. AALRR shall not 9 represent any client in any type of claim against the CITY without prior written approval to do so 10 from the CITY OF SAN BERNARDINO through the City Attorney's Office. 11 3. AALRR shall be paid at the hourly rates set forth below: 12 Attorneys - $235.00 per hour; and, 13 Law Clerks/Paralegals - $115.00 per hour. 14 The amounts expended under this agreement for attorneys fees shall not exceed 15 $25,000 without further approval of the Mayor and Common Council. 16 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of 17 each succeeding month. 18 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 20 AALRR may include a single charge in an amount not to exceed four percent (4%) of fees in lieu 21 of reimbursement for photocopying, telephone charges, and postage. 22 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 23 return), then AALRR shall not be entitled to reimbursement for mileage and parking fees. 24 7. AALRR shall obtain approval from the CITY to retain expert consultants and other 25 professionals (not including court reporters) for purposes of defending the litigation. AALRR may, 26 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on 27 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S FIEASLAND\Fire Departmenl\SBCPfMoss\PSAAAI,RR "'I'd 2011-60 1 Finance Department. 2 8. Status reports will be submitted to CITY through the City Attorney's Office 3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 4 to set reserves, including, without limitation, potential liability exposure and percentage of fault 5 shall be included. 6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 7 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 8 in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants loin this action shall also be provided to the CITY through the City Attorney's Office. 11 II. Any and all settlements shall require CITY approval. Request for settlement 12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY 13 approvals. 14 12. In the event the settlement value of the case appears to exceed $50,000, the City 15 Attorney's Office shall be notified immediately. 16 13. Only Irma Rodriguez Moisa and/or Nate Kowalski of ATKINSON, ANDELSON, 17 LOY A, RUUD & ROMO, or other senior attorney approved by the CITY, shall try this case. 18 14. No client development costs are to be included in billings. 19 15. No continuing education expenses are to be included in billings. 20 16. Final billing shall be accompanied by copies of the Request for Dismissal, 21 Satisfaction of Judgment, Release and any other final documents. 22 17. Either party may terminate this contract at will. AALRR will continue to represent 23 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 24 another attorney. 25 18. AALRR is an independent contractor as to the CITY. 26 19. AALRR shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws of the State of 28 California, including Employment Liability with $250,000 limits covering all FIEASLAND\F;re Department\SBC?FMos.\PSA.AALRR wpd 2011-60 1 persons providing service on behalf of AALRR and all risks to such persons under this Agreement. AALRR 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 2 3 4 5 Agreement. 6 b) Comprehensive General and Automobile Liability Insurance 7 coverage to include contractual coverage and automobile coverage for owned, 8 hired and non-owned vehicles. The policy shall have at least a combined single 9 limit of $ I ,000,000 for bodily injury and property damage. 10 c) Professional Liability Insurance with limits of at least $1 ,000,000 11 per claim. In lieu of naming the CITY as an additional insured, the policy may 12 be endorsed as follows: 13 "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN 14 BERNARDINO for legal defense services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents 15 or subcontractors. All other provisions of this policy are to remain unchanged." 16 AALRR shall furnish certificates of insurance and certified copies of all policies 17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 18 prior to the commencement of performance of services hereunder, which certificates shall provide 19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 20 City Attorney's Office, and shall maintain such insurance from the time AALRR commences 21 performance of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage required above, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insured with respect to 26 liabilities arising out of the performance of services hereunder. 27 All policies required above are to be primary and non-contributing with any 28 msurance or self-insurance programs carried or administered by the CITY or other parties FIEASLAND\Fire Department\SBCPFMoss\PSAAALRR.wpd 2011-60 1 represented under this Agreement. 2 20. All communications and billings to the CITY are to be directed as follows: 3 City Attorney's Office CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418 4 5 6 DATED: March Q, 2011 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 7 B~":,~~g7!!c: 8 9 10 11 DATED: March '/Z-, 2011 CITY OF SAN BERNARDINO 12 ~6-p By: Tobin Brinker, Mayor Pro Tern City of San Bcrnardino 13 - 14 15 16 17 Approved as to form: 18 JAMES F. PENMAN, 19 City Attorney 20 21 22 23 24 25 26 27 28 F:\EASLA1'<D\Fire Departmenl\SBCPFMosslPSAAALRRwpd