HomeMy WebLinkAbout2011-085
1
RESOLUTION NO. 2011-85
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN BERNARDINO
FOR LEGAL SERVICES IN THE CASE OF WILLIE MASON, SR., V. CITY OF SAN
4 BERNARDINO, UNITED STATES DISTRICT COURT, CASE NO. EDCV 10-00504
V AP(OPx).
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 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 Willie Mason. Sr., v. City of San
10 Bernardino, United States District Court, Case No. EDCV 10-00504 V AP(OPx), 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.
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F:\ROTH\Litigation Files - In-lIouse\Mason\Arias PSA Reso.wpd
2011-85
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 WILLIE MASON, SR., V. CITY OF SAN
3 BERNARDINO, UNITED STATES DISTRICT COURT, CASE NO. EDCV 10-00504
V AP(OPx).
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint
Common Council ofthe City of San Bernardino at a re~u1ar meeting thereof, held on the Lday
6
of April
, 2011, by the following vote, to wit:
7
COUNCIL MEMBERS:
8
MARQUEZ
9
VACANT
10
BRINKER
11
SHORETT
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
17
AYES
NAYS
ABSTAIN ABSENT
---1L
x
x
x
x
x
~~b~
Rac el Clark, City Clerk
18
The foregoing Resolution is hereby approved this 6'" day of April ., 201 L
JAMES F. PENMAN,
::ry~~
,
19
20
21
22
Approved as to form:
23
24
25
26
27
28
K 1. M ayor
San Bernardino
F:\ROTH\Litigation Files - In-House\Mason\Arias PSA Reso.wpd
2011-85
PROFESSIONAL SERVICES AGREEMENT
2
Willie Mason, Sr., V. City of San Bernardino
United States District Court, Case No. EDCV 10-00504 V AP(OPx).
3
4
',t.,
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
& LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
5
2. A&L will represent the following entities and persons in the case of Willie Mason, Sr.,
6
v. City of San Bernardino, United States District Court, Case No. EDCV 10-00504 V AP(OPx).: CITY OF
7
8
SAN BERNARDINO, ROY DIAZ, SERBANDO SAENZ and any other designated officer or
9
employee of the CITY who maybe named. A&L shall not represent any client in any type of claim
10
against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO
through the City Attorney's Office.
II
3.
A&L shall be paid at the hourly rates set forth below:
Attorneys - $145.00 per hour; and,
Law Clerks/Paralegals - $70.00 per hour.
12
13
14
15
The amounts expended under this agreement for attorney fees shall not exceed
16
$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
17
each succeeding month.
18
19
20
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.
21
A&L may include a single charge in an amount not to exceed four percent (4%) of attorney fees in
22
23
24
lieu of reimbursement for photocopying, telephone charges, and postage.
6. If attorney fees are charged "portal to portal" (e.g., from office to court and return),
then A&L shall not be entitled to reimbursement for mileage and parking fees.
25
7. A&L shall obtain approval from the CITY to retain expert witnesses, consultants, and
26
other professionals (not including court reporters) for purposes of the litigation. A&L may, if it
chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY
27
28
F:\ROTH\Litigation Files. In.House\Mason\Arias PSA.wpd
Exhibit A
I
2011-85
1 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
2 Finance Department.
3 8. Status reports will be submitted to the CITY through the City Attorney's Office
4 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
5 set reserves, including, without limitation, potential liability exposure and percentage of fault, shall
6 be included. A&L shall comply with all reporting requirements of BICEP, if applicable.
7 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
8 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
9 or other litigation.
10 10. Copies of any correspondence and other documents sent to any of the parties in this
II action shall also be provided to the CITY through the City Attorney's Office.
12 I I. Any and all settlements shall require CITY approval. Request for settlement authority
13 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
14 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
IS Attorney's Office shall be notified immediately.
16 13. Only Joseph Arias of ARIAS & LOCKWOOD or another senior attorney approved
17 by the City shall conduct the trial of 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 Agreement at will. A&L 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. A&L is an independent contractor as to the CITY.
26 19. A&L shall maintain the following types of insurance with limits as shown:
27 a) Workers Compensation as required by the laws of the State of California,
28
F:\ROTH\Litigation Files - In-lIouse\Mason\Arias PSA.wpd
2
Exhibit A
2011-85
I
including Employment Liability with $250,000 limits covering all persons providing
service on behalf of A&L and all risks to such persons under this Agreement. A&L
2
3
shall require its Workers Compensation carrier to waive all rights of subrogation
4
against the CITY and its officers and employees and any others for whom services
5
are being provided under this Agreement.
6
b)
Comprehensive General and Automobile Liability Insurance coverage to
7
include contractual coverage and automobile coverage for owned, hired and non-
8
owned vehicles. The policy shall have at least a combined single limit of$1 ,000,000
9
10
for bodily injury and property damage.
c)
Professional Liability Insurance with limits of at least $1,000,000 per claim.
11
In lieu of naming the CITY as an additional insured, the policy may be endorsed as
12
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 BERNARDINO for legal 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."
14
15
16
17
A&L shall furnish certificates of insurance and certified copies of all policies and
18
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
19
20
to the commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the City
21
Attorney's Office, and shall maintain such insurance from the time A&L commences performance
22
of services hereunder until the completion of such services.
23
All policies, with respect to the insurance coverage above required, except for the
24
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26
their employees, agents, volunteers and officers as additional named insureds with respect to
liabilities arising out of the performance of services hereunder.
27
28
All policies required above are to be primary and non-contributing with any insurance
F:\ROTH\Litigation Files - In.House\Mason\Arias PSA.wpd
Exhibit A
3
2011-85
I policies or self-insurance programs carried or administered by the CITY or other parties represented
2 under this Agreement.
3 20.
4
5
6
7 Dated:
8
9
10
11
12 Dated:
13
14
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
,2008
ARIAS & LOCKWOOD
By: Joseph Arias
,2008
CITY OF SAN BERNARDINO
By: Patrick J. Morris, Mayor
F:\ROTII\Litigation Files .In-House\Mason\Arias PSAwpd
4
Exhibit A
\"
2011-85
1
PROFESSIONAL SERVICES AGREEMENT
2
Willie Mason, Sr., V. City of San Bernardino
United States District Court, Case No. EDCV 10-00504 V AP(OPx).
3
4
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
1 '" \.
\- ... ~
& LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
5
6
2. A&L will represent the following entities and persons in the case of Willie Mason, Sr.,
7
v. City of San Bernardino, United States District Court, Case No. EDCV 10-00504 V AP(OPx).: CITY OF
8
SAN BERNARDINO, ROY DIAZ, SERBANDO SAENZ and any other designated officer or
9
employee ofthe CITY who may be named. A&L 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. A&L shall be paid at the hourly rates set forth below:
Attorneys - $145.00 pe~ hour; and,
Law Clerks/Paralegals - $70.00 per hour.
10
11
12
13
14
15
The amounts expended under this agreement for attorney fees shall not exceed
16
17
$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.
18
19
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.
20
21
A&L may include a single charge in an amount not to exceed four percent (4%) of attorney fees in
22
lieu of reimbursement for photocopying, telephone charges, and postage.
23
6. If attorney fees are charged "portal to portal" (e.g., from office to court and return),
then A&L shall not be entitled to reimbursement for mileage and parking fees.
7. A&L shall obtain approval from the CITY to retain expert witnesses, consultants, and
24
25
26
other professionals (not including court reporters) for pu~oses of the litigation. A&L may, if it
chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
27
28
periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY
F:\ROTH\Litigation Files - In-House\Mason\Arias PSA.wpd 1
2011-85
I pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
2 Finance Department.
3 8. Status reports will be submitted to the CITY through the City Attorney's Office
4 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
5 set reserves, including, without limitation, potential liability exposure and percentage offault, shall
6 be included. A&L shall comply with all reporting requirements of BICEP, if applicable.
7 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
8 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
9 or other litigation.
10 10. Copies of any correspondence and other documents sent to any of the parties in this
II action shall also be provided to the CITY through the City Attorney's Office.
12 II. Any and all settlements shall require CITY approval. Request for settlement authority
13 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
14 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
15 Attorney's Office shall be notified immediately.
16 13. Only Joseph Arias of ARIAS & LOCKWOOD or another senior attorney approved
17 by the City shall conduct the trial of 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 Agreement at will. A&L 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. A&L is an independent contractor as to the CITY.
26 19. A&L shall maintain the following types of insurance with limits as shown:
27 a) Workers Compensation as required by the laws of the State of California,
28
f:\ROTH\Litlgation Files - In-House\Mason\Arias PSA.wpd 2
2011-85
I
including Employment Liability with $250,000 limits covering all persons providing
service on behalf of A&L and all risks to such persons under this Agreement. A&L
2
3
shall require its Workers Compensation carrier to waive all rights of subrogation
4
against the CITY and its officers and employees and any others for whom services
5
are being provided under this Agreement.
6
b)
Comprehensive General and Automobile Liability Insurance coverage to
7
include contractual coverage and automobile coverage for owned, hired and non-
8
owned vehicles. The policy shall have at least a combined single limit of$1 ,000,000
9
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 insured, the policy may be endorsed as
12
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 BERNARDINO for legal 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."
14
15
16
17
A&L shall furnish certificates of insurance and certified copies of all policies and
18
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
19
20
to the commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the City
21
Attorney's Office, and shall maintain such insurance from the time A&L commences performance
22
23
of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
24
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26
their employees, agents, volunteers and officers as additional named insureds with respect to
27
liabilities arising out of the performance of services hereunder.
28
All policies required above are to be primary and non-contributing with any insurance
F:\ROTH\Litigation Files - In-Housc\Mason\Arias PSAwpd 3
2011-85
1 policies or self-insurance programs carried or administered by the CITY or other parties represented
2 under this Agreement.
3
20.
All communications and billings to the CITY are to be directed as follows:
4
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
OCKWOOD
~CJtfM~
CITY OF SAN BERNARDINO
~
17
18 Approved as to form:
19
JAMES F. PENMAN,
20 City Attorney
21 BY:~~~
22
23
24
25
26
27
28
F:\ROTH\Litigation Files - In-House\Mason\Arias PSAwpd 4