HomeMy WebLinkAbout10- City Attorney CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
C De . ' A
From: JAMES F. PENMAN Subject: Professional Services Agreement between the City
CITY ATTORNEY of San Bernardino and the law firm of Atkinson, Andelson,
Loya, Ruud& Romo to represent the City of San
Bernardino; San Bernardino City Council in the case of
San Bernardino City Professional Firefighters, Local 891;
Richard "Scott"Moss v. City of San Bernardino, et al.
Dept: CITY ATTORNEY
Date: March 2, 2011 MCC Meeting: March 7, 2011
Synopsis of Previous Council Action:
02/22/11- Mayor and Council approved the hiring of Atkinson, Andelson, Loya, Ruud& Romo to
represent the City of San Bernardino; San Bernardino City Council in the subject court
action.
Recommended motion:
The Mayor and Common Council adopt the resolution.
Signature
Contact person: Stephanie D. Easland Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Committee Notes: .20
Agenda Item No. 1 C
FAEASLANDTire DepartmenASBCHMoss.rcampd
STAFF REPORT
Council Meeting Date: March 7, 2011
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: March 2,2011
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm of Atkinson, Andelson, Loya, Ruud & Romo to
represent the City of San Bernardino; San Bernardino City Council in
the case of San Bernardino City Professional Firefighters, Local 891;
Richard "Scott"Moss v. City of San Bernardino, et al.
On February 23, 2011, the above-referenced court action was served on the City. On
February 22, 2011, the Mayor and Common Council approved the hiring of Atkinson, Andelson,
Loya, Ruud & Romo to represent the City, et al. in the subject court action.
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.
It is requested by the City Attorney that the proposed resolution be adopted,authorizing the
Mayor to execute said Professional Services Agreement on behalf of the City of San Bernardino.
Attachment
FAEASLAND\Fire Department\SBCPFMoss\SBCPFMoss.StaffReport.wpd
COPY
1 RESOLUTION NO.
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,LOYA,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
11 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.
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FAEASLAND\Fire Department\SBCPFMoss.Res.wpd 1
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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,LOYA,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 meeting thereof,
7 held on the day of , 2011, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 VACANT
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17 CITY CLERK
18
19 The foregoing Resolution is hereby approved this day of 52011.
20
21 Patrick J. Morris, Mayor
City of San Bernardino
22
Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
25
By:
26
' 27
f
28
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F:\EASLAND1Fire Department\SBCPFMoss.Res.wpd 2
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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
i 4 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 ATKINSON, ANDELSON, LOYA, 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.
I
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 5`h 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
FAEASLAND\Fire Department\SBCPFMoss\SBCPFMoss.PSAExh.AALM wpd EXHIBIT "A"
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
10 in this action shall also be provided to the CITY through the City Attorney's Office.
11 11. 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 LOYA,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 Y
required as Compensation ired b the laws of the State of
p q
28 California, including Employment Liability with $250,000 limits covering all
17:111ASLA.Tim Department\SBCPFM oaa\SBCPFMoas.PS..I.AAL.,wpd 2 EXHIBIT "A"
1 persons providing service on behalf of AALRR and all risks to such persons
2 under this Agreement. AALRR shall require its Workers Compensation carrier
3 to waive all rights of subrogation against the CITY and its officers and
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 insurance or self-insurance programs carried or administered by the CITY or other parties
FAEASLAND\Fire Department\SBCPFMoss\SBCPFMoss.PSAExh.AALRR.wpd 3 EXHIBIT "A"
�
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
4 300 North "D" Street
San Bernardino, CA 92418
5
6 DATED: March_, 2011 ATKINSON, ANDELSON, LOYA,
RUUD&ROMO
7
8
9 By: Irma Rodriguez Moisa
10
11 DATED: March , 2011 CITY OF SAN BERNARDINO
12
13
By: Patrick J. Morris
j14 Mayor
i
15
I
16
17
Approved as to form:
i 18
JAMES F. PENMAN,
19 City Attorney
20
21 By:
22
23
24
25
26
27
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28
F:\EASLAND\Fire Department\SBCPFMoss\SBCPFMoss.PSAExh.AALRR.wpd 4
EXHIBIT "A"
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, LOYA, 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,
i
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 5`h 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
F:TASLANDWire Department\SBCPFMoss\PSA.AALRR.wpd 1
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
10 in this action shall also be provided to the CITY through the City Attorney's Office.
11 11. 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 LOYA, 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 Department\SBCPFMoss\PSA.AALRR.wpd 2
1 persons providing service on behalf of AALRR and all risks to such persons
2 under this Agreement. AALRR shall require its Workers Compensation carrier
3 to waive all rights of subrogation against the CITY and its officers and
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 insurance or self-insurance programs carried or administered by the CITY or other parties
FIEASLANDTire Department\SRCPFMoss\PSA.AALRR.wpd 3
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
4 300 North "D" Street
San Bernardino, CA 92418
5
6 DATED: March , 2011 ATKINSON, ANDELSON, LOYA,
RUUD&ROMO
7
8
9 By: Irma Rodriguez Moisa
10
11 DATED: March , 2011 CITY OF SAN BERNARDINO
12
13
By: Patrick J. Morris
14 Mayor
15
16
17
Approved as to form:
18
JAMES F. PENMAN,
19 City Attorney
20
21 By: �
22
23
24
25
26
27
28
FAEASLAND\Fire Department\SBCPFMoss\PSA.AALRR.wpd 4