HomeMy WebLinkAbout06.D- City Attorney RESOLUTION (ID# 1972) DOC ID: 1972 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: James F. Penman M/CC Meeting Date: 08/06/2012
Prepared by: Richard D. Luczak, (909) 384-
5355
Dept: City Attorney Ward(s):N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Hiring of Arias &Lockwood to Represent the City and Any Designated Employee Regarding the
Case Entitled Erik A. Brown V. City of San Bernardino, Et Al., United States District Court
Case No. CV 12-2300 RJK(OPx)
Financial Impact:
This action provides $25,000 for the referenced legal matter.
Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on
behalf of the City of San Bernardino the Professional Services Agreement with
the law firm of Arias & Lockwood to represent the City of San Bernardino and
any designated employee regarding the case entitled Erik A. Brown v. City of San
Bernardino, et al., United States District Court, Case No: CV 12-2300 RJK
(OPx).
Synopsis of Previous Council Action:
The Mayor and Council previously approved retaining Arias&Lockwood to represent
the City and designated employees in this matter.
Background:
The City of San Bernardino is currently involved in litigation regarding an encounter
between plaintiff and the San Bernardino Police Department. There is one plaintiff in the case:
Erik A. Brown.
The one plaintiff claims various medical damages as a result of the encounter between
plaintiff and the San Bernardino Police Department..
Updated: 8/2/2012 by Linda Sutherland A
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1972
The Mayor and Common Council have approved retention of the law firm of Arias &
Lockwood to represent the City of San Bernardino and any designated employee regarding the
case entitled Erik A. Brown v. City of San Bernardino, et al.,United States District Court, Case
No: CV 12-2300 RX(OPx).
Attached hereto is the Professional Services Agreement which reflects such approval,
including a ceiling of$25,000 on attorney fees and the requirement of regular status reports.
City Attorney Review:
Rdl
Supportin¢Documents:
Resolution. AL Services Agreement.Brown (PDF)
Ex. A-A&L Professional Services Agreement.Brown (PDF)
Updated: 8/2/2012 by Linda Sutherland A
Wet Pg. 138
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I RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE AIRING OF ARIAS&LOCKWOOD TO m
3 REPRESENT THE CITY REGARDING THE CASE ENTITLED ERIKA.BROWN Y. W
CITY OF SAN BERNARDINO,ET AL.,UNITED STATES DISTRICT COURT CASE NO.
4 CV 12-2300 RJK(OPx).
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
6 OF SAN BERNARDINO AS FOLLOWS: c
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7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and ea
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8 directed to execute on behalf of said City a Professional Services Agreement between Arias & Q
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9 Lockwood and the City of San Bernardino for legal services regarding Erik A. Brown v. City of =
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10 San Bernardino, et a[.,USDC Case No: CV 12-2300 RJK(OPX),a copy of which is
11 attached hereto marked Exhibit"A"and incorporated herein by reference as though fully set
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12 forth at length. c
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13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the agreement is not executed by both parties and returned to the Office of the c
15 City Clerk within sixty(60)days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN c
2 BERNARDINO APPROVING THE HIRING OF ARIAS &LOCKWOOD TO
REPRESENT THE CITY REGARDING THE CASE ENTITLED ERIKA. BROWN V. m
3 CITY OF SAN BERNARDINO,ET AL.,UNITED STATES DISTRICT COURT CASE NO. w
CV 12-2300 RJK(OPx).
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 3
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6 Common Council of the City of San Bernardino at a meeting thereof, $
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7 held on the day of 2012,by the following vote,to wit:
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8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT Q
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9 MARQUEZ °
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10 JENKINS d
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11 VALDIVIA m
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12 SHORETT N
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13 KELLEY r
14 JOHNSON c
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Georgeann"Gigi-Hanna, City Clerk °f
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19 The foregoing Resolution is hereby approved this—day of , 2012. 0
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PATRICK J.MORRIS, Mayor Q
22 City of San Bernardino h
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23 Approved as to form:
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25 By: c
JAMES F. ENMAN o
26 City Attorney
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PROFESSIONAL SERVICES AGREEMENT Y
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2 ERIKA. BROWN v. CITY OF SAN BERNARDINO,ETAL;
UNITED STATES DISTRICT COURT CASE NO.: CV I2-2300 RGK(OPx) 0
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4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 3
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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
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7 CITY OF SAN BERNARDINO and any designated City employee. A&L shall not represent any o
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8 client in any type of claim against the CITY without prior written approval to do so from the CITY 2
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9 OF SAN BERNARDINO through the City Attorney's Office.
10 3. A&L shall be paid at the hourly rates set forth below: 6
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11 Attorneys-$145.00 per hour, and, o
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12 Law Clerks/Paralegals -$70.00 per hour. c
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. 0
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15 4. Bills shall be submitted at least on a monthly basis and no later than the 5"day of
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16 each succeeding month. rn
17 5. The actual cost for filing fees, telephone charges,photocopying,postage, lodging,
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18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. m
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19 A&L may include a single charge in an amount not to exceed four percent(4%)of fees in lieu of E
20 reimbursement for photocopying,telephone charges,and postage.
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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. Z
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23 7. A&L shall obtain approval from the CITY to retain expert consultants and other m
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24 professionals(not including court reporters)for purposes of defending the litigation.A&L may,if N
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25 it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on its o
26 periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY pay
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27 it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S a
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28 Finance Department. x
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1 8. Status reports will be submitted to CITY through the City Attorney's Office
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2 whenever any significant event occurs,and in any event at least quarterly. Information sufficient a
3 to set reserves,including,without limitation,potential liability exposure and percentage of fault shall c
4 be included. 3
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5 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the City J
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6 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this, -°
7 or other litigation. o
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8 10. Copies of any correspondence and other documents sent to any of the defendants in °-
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9 this action shall also be provided to the CITY through the City Attorney's Office. m
10 11. Any and all settlements shall require CITY approval. Request for settlement c
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11 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY o
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12 approvals. a
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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. 0
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15 13. Only Joseph Arias of ARIAS&LOCKWOOD or other senior attorney approved by
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16 the City shall try this case. r
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17 14. No client development costs are to be included in billings. 3
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18 15. No continuing education expenses are to be included in billings. m
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19 16. Final billing shall be accompanied by copies of the Request for Dismissal,
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20 Satisfaction of Judgment,Release and any other final documents:
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21 17. Either party may terminate this contract at will. A&L will continue to represent the
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22 CITY on the terms and conditions in this Agreement until the case and file are transferred to another '
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24 18. A&L is an independent contractor as to the CITY.
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25 19. A&L shall maintain the following types of insurance with limits as shown: o
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26 a) Workers Compensation as required by the laws of the State of California,
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27 including Employment Liability with$250,000 limits covering all persons providing Q
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28 service on behalf of A&Land all risks to such persons under this Agreement. A&L w
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1 shall require its Workers Compensation carrier to waive all rights of subrogation c
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2 against the CITY and its officers and employees and any others for whom services
3 are being provided under this Agreement. o
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4 b) Comprehensive General and Automobile Liability Insurance coverage to
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5 include contractual coverage and automobile coverage for owned, hired and non- J
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6 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
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7 for bodily injury and property damage. o
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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: °
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1 1 "Insurance coverage afforded by this policy shall also apply `0
to the liability assumed by the Insured under the Agreement with the Y
12 CITY OF SAN BERNARDINO for legal defense services,provided a'
such liability results from an error, omission or negligent act of the c
13 insured,its officers,employees,agents,or subcontractors. All other
provisions of this policy are to remain unchanged." o
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15 A&L shall furnish certificates of insurance and certified copies of all policies and
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16 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior O
17 to the commencement of performance of services hereunder,which certificates shall provide that 3
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18 such insurance shall not be terminated or expire without thirty(30)days written notice to the City m`
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19 Attorney's Office,and shall maintain such insurance from the time A&L commences performance
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20 of services hereunder until the completion of such services.
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21 All policies, with respect to the insurance coverage above required, except for the
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22 Workers Compensation insurance coverage and professional liability coverage,if applicable,shall '
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23 obtain additional endorsements naming the CITY and all parties represented under this Agreement, m
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24 their employees, agents, volunteers and officers as additional named insured with respect to
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25 liabilities arising out of the performance of services hereunder. o
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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 c
4 Agreement.
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5 1 20. All communications and billings to the CITY are to be directed as follows: J
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6 City Attorney's Office H
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CITY OF SAN BERNARDINO a`
7 300 North"D"Street c
San Bernardino,CA 92418 c
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9 Dated: 2012 ARIAS & LOCKWOOD m
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By: Joseph Arias
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14 Dated: 2012 CITY OF SAN BERNARDINO °n
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By: Patrick J. Moms,Mayor
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20 Approved as to form:
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JAMES F. PENMAN, v
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