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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolution ofthe Mayor and Common Council
of the City of San Bernardino Authorizing the Execution
of a Professional Services Agreement Between Arias &
Lockwood and the City of San Bernardino for Legal
Services in the Case of Jamora Allen, et at v. City of San
Bernardino, et al.
Dept: CITY ATTORNEY
Date: September 18, 2008
Synopsis of Previous Council Action:
September 15, 2008 - Mayor and Common Council approved the retention of the law firm of Arias &
Lockwood to represent the City of San Bernardino in the case of Jamora Allen, et at. v. City of San
Bernardino, et at.
Recommended motion:
Adopt Resolution
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
J1so 2oo'?-.:3 75
Agenda Item No. q
/P.(rOf!J
STAFF REPORT
Council Meeting Date: September 2, 2008
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
James F. Penman, City Attorney
September 23, 2008
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement Between Arias
& Lockwood and the City of San Bernardino for Legal Services in the Case of
Jamora Allen, et at. v. City of San Bernardino, et al.
On September 15, 2008, the Mayor and Common Council approved the retention of the law
firm of Arias & Lockwood to represent the City of San Bernardino, Officer Adam Affrunti; and
Officer Chris Gray in the case entitled Jamora Allen, et al. v. City of San Bernardino, et aI., San
Bernardino Superior Court Case No. CIVSS 805915.
Attached hereto is a Professional Services Agreement providing for the representation, with
a ceiling of $25,000.00 on attorneys fees and a requirement ofregular status reports.
It is requested by the City Attorney that the proposed resolution be adopted, authorizing the
Mayor to execute the Professional Services Agreement on behalf of the City of San Bernardino.
Recommendation: Adopt Resolution.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERlIi'ARDINO 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 JAMORA ALLEN, et aL v. CITY OF SAN
4 BERNARDINO, et aL, SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSS 805915
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
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to execute on behalf of said City a Professional Services Agreement between Arias & Lockwood and
the City of San Bernardino for legal services in the case of Jamora Allen. et al v. City of San
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Bernardino. el ai, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by
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reference as fully as though set forth at length.
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 returned to the Office of the
City Clerk within sixty (60) days following the effective date of this Resolution.
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F:\ROTH\Litigation Cases - Outside Counsel\AlIen.1amora\JAllen.OulsideCounsel.Res.wpd
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 JAMORA ALLEN, et aL v. CITY OF SAN
3 BERNARDINO, et aL, SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSS 805915
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
6 of
, 2008, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
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NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of //
,2008.
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PATRICKJ. MORRIS, Mayor
21 City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
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PROFESSIONAL SERVICES AGREEMENT
2 Jamora Allen and Jarriel Dashawn Allen, Jr., through their Guardian Ad Litem
Keyondra Marshall, Sherry Watson, Individually and as representative of the
3 estate of Jarriel Dashawn Allen, and Jerry Allen v. City of San Bernardino,
Officer Adam Affrunti, Officer Chris Gray
4 San Bernardino Superior Court Case No. CIVSS 805915
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1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
6 & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
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2.
A&L will represent the following entities and persons in Jamora Allen, et al v. City
8 of San Bernardino, et ai, San Bernardino Superior Court Case No. CIVSS 805915: CITY OF SAN
9 BERNARDINO, OFFICER ADAM AFFRUNTI and OFFICER CHRIS GRAY, and any other
10 designated officer or employee of the CITY who may later be named. A&L shall not represent any
II client in any type of claim against the CITY without prior written approval to do so from the CITY
12 OF SAN BERNARDINO through the City Attorney's Office.
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3.
A&L shall be paid at the hourly rates set forth below:
Attorneys - $145.00 per hour; and,
Law ClerkslParalegals - $70.00 per hour.
The amounts expended under this agreement for attorney fees shall not exceed
$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
19 each succeeding month.
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5.
The actual cost for filing fees, telephone charges, 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%) of attorney fees in
23 lieu of reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney fees are charged "portal to portal" (e.g., from office to court and return),
25 then A&L shall not be entitled to reimbursement for mileage and parking fees.
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7.
A&L shall obtain approval from the CITY to retain expert witnesses, consultants, and
27 other professionals (not including court reporters) for purposes of the litigation. A&L may, if it
28 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
F:\ROnN.itigation Cases - Outside Counsel\Al1en,JamoraIJAllen,ProfelsionaISvcs.Agreement.wpd
periodic statement, or it may fOIWard 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 Department.
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8.
Status reports will be submitted to the CITY through the City Attorney's Office
5 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
6 set reserves, including, without limitation, potential liability exposure and percentage of fault, shall
7 be included. A&L shall comply with all reporting requirements of BICEP, if applicable.
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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 other litigation.
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10.
Copies of any correspondence and other documents sent to any of the parties in this
12 action shall also be provided to the CITY through the City Attorney's Office.
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II.
Any and all settlements shall require CITY approval. Request for settlement authority
14 shall be made through the City Attorney'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
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16 Attorney's Office shall be notified immediately.
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13.
Only Joseph Arias of ARIAS & LOCKWOOD or another senior attorney approved
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18 by the City shall conduct the trial of this case.
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No client development costs are to be included in billings.
14.
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No continuing education expenses are to be included in billings.
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16.
Final billing shall be accompanied by copies of the Request for Dismissal,
22 Satisfaction of Judgment, Release and any other final documents.
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Either party may terminate this Agreement at will. A&L will continue to represent
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24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
25 another attorney.
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18.
A&L is an independent contractor as to the CITY.
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A&L shall maintain the following types of insurance with limits as shown:
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Workers Compensation as required by the laws of the State of California,
a)
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including Employment Liability with $250,000 limits covering all persons providing
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service on behalf of A&L and all risks to such persons under this Agreement. A&L
shall require its Workers Compensation carrier to waive all rights of subrogation
against the CITY and its officers and employees and any others for whom services
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are being provided under this Agreement.
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b)
Comprehensive General and Automobile Liability Insurance coverage to
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include contractual coverage and automobile coverage for owned, hired and non-
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owned vehicles. The policy shall have at least a combined single limit of$l ,000,000
for bodily injury and property damage.
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c)
Professional Liability Insurance with limits of at least $1,000,000 per claim.
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In lieu of naming the CITY as an additional insured, the policy may be endorsed as
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follows:
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"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."
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A&L shall furnish certificates of insurance and certified copies of all policies and
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
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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
Attorney's Office, and shall maintain such insurance from the time A&L commences performance
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of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
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Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
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obtain additional endorsements naming the CITY and all parties represented under this Agreement,
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their employees, agents, volunteers and officers as additional named insureds with respect to
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liabilities arising out of the performance of services hereunder.
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All policies required above are to be primary and non-contributing with any insurance
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I policies or self-insurance programs carried or administered by the CITY or other parties represented
2 under this Agreement.
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7 Dated:
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12 Dated:
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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 "0" Street
San Bernardino, CA 92418
,2008
ARIAS & LOCKWOOD
By: Joseph Arias
,2008
CITY OF SAN BERNARDINO
By: Patrick J. Morris, Mayor
18 Approved as to form:
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JAMES F. PENMAN,
20 City Attorney
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By:
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