HomeMy WebLinkAbout2012-208 2012-208
1 PROFESSIONAL SERVICES AGREEMENT
2 MICHAEL RAY MADRIGAL, et al: v CITY OF SAN BERNARDINO,
UNITED STATES DISTRICT COURT CASE NO.: CV 11-3186 JHN(OPx)
3
4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 ARIAS &LOCKWOOD(hereinafter"A&L")are the parties to this Agreement.
6 2. A&L will be representing the following entities and persons in this litigation: The
7 CITY OF SAN BERNARDINO and any designated City employee. A&L shall not represent any
8 client in any type of claim against the CITY without prior written approval to do so from the CITY
9 OF SAN BERNARDINO through the City Attorney's Office.
10 3. A&L shall be paid at the hourly rates set forth below:
11 Attorneys-$145.00 per hour; and,
12 Law Clerks/Paralegals- $70.00 per hour.
13 The amounts expended under this agreement for attorneys fees shall not exceed
14 $25,000 without further approval of the Mayor and Common Council.
15 4. Bills shall be submitted at least on a monthly basis and no later than the 5'day of
16 each succeeding month.
17 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 A&L may include a single charge in an amount not to exceed four percent(4%) of fees in lieu of
20 reimbursement for photocopying,telephone charges,and postage.
21 6. If attorney's fees are charged"portal to portal"(e.g.,from office to court and return),
22 then A&L shall not be entitled to reimbursement for mileage and parking fees.
23 7. A&L shall obtain approval from the CITY to retain expert consultants and other
24 professionals(not including court reporters)for purposes of defending the litigation.A&L may, if
25 it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on its
26 periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY pay
27 it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
28 Finance Department.
FA LUCZAKT IVa.4V1adri7p1(ouNide)\P1eadings\A&L Pmfessiomi Services Ageemencwpd
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1 shall require its Workers Compensation carrier to waive all rights of subrogation
2 against the CITY and its officers and employees and any others for whom services
3 are being provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance coverage to
5 include contractual coverage and automobile coverage for owned, hired and non-
6 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
7 for bodily injury and property damage.
8 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
9 In lieu of naming the CITY as an additional insured,the policy may be endorsed as
10 follows:
11 "Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
12 CITY OF SAN BERNARDINO for legal defense services,provided
such liability results from an error, omission or negligent act of the
13 insured,its officers,employees,agents,or subcontractors. All other
provisions of this policy are to remain unchanged."
14
15 A&L shall famish 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 A&L 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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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 shall
4 be included.
5 9. Copies ofall opinions,pleadings,discovery and motions shall be provided to the City
6 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
7 or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants in
9 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 this case appears to exceed$50,000.00 the City
14 Attorney's Office shall be notified immediately.
15 13. Only Joseph Arias of ARIAS&LOCKWOOD or other senior attorney approved by
16 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. A&L will continue to represent the
22 CITY on the terms and conditions in this Agreement until the case and file are transferred to another
23 attorney.
24 18. A&L is an independent contractor as to the CITY.
25 19. A&L shall maintain the following types of insurance with limits as shown:
26 a) Workers Compensation as required by the laws of the State of California,
27 including Employment Liabilitywith$2 50,000 limits covering all persons providing
28 service on behalf of A&L and all risks to such persons under this Agreement. A&L
FALUCZAKTIVIUMadrigal(outside)\PleadingsNffiL Professional Services AgreemenLwpd
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2 All policies required above are to be primary and non-contributing with any insurance or
3 self-insurance programs carried or administered by the CITY or other parties represented under this
4 Agreement.
5 20. All communications and billings to the CITY are to be directed as follows:
6 City Attorney's Office
CITY OF SAN BERNARDINO
7 300 North"D"Street
San Bernardino,CA 92418
8
9 Dated: 0 2012 ARIAS,OCKWOOD
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11 �
By- oseph Arias
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13
14 Dated: I 12012 CITY OF SAN BERNARDINO
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16
By: atrick J. Morns—,-Mayor
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20 Approved as to form:
21
JAMES F. PENMAN,
22 City Attorney
23
By:
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