HomeMy WebLinkAbout28- City Attorney CITY OF SAN BERNr IDINO - REQUEST Frl COUNCIL ACTION
From: Richard J. Morillo Subject: Resolution of the Mayor and Ccn=n Council
. . . Authorizing the execution of an Agreement for
Dept: CITY ATTORNEY Legal Services ;Se ween the City of San Bernardino
and the Law Firm of -14acLachlan, Burford & Arias
Date: March 23, 1995
Synopsis of Previous Council action:
In 1992 Council retained the firm of MacLachlan, Burford & Arias to
defend the Armendariz litigation. Recently BICEP, the City' s excess insurance
carrier, has asked that the terms of the firm' s employment be reduced to
writing . The attached agreement fulfills this request.
Recommended motion: LIZ
i
Adopt resolution.
Signature
Contact person: Richard J. Morillo Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: �d
75-0262 _ Agenda Item No.
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Ri d Morillo
Sr. sistant City Attorney
DATE: April 3, 1995
RE: Agreement for Legal Services with MacLachlan,
Burford & Arias (Agenda Item No. 28)
E
During the Mayor and Council ' s consideration of the above item i
this morning, a question was asked about the terms of the existing
agreement between the City and MacLachlan, Burford and Arias
( "MBA" ) relative to legal services rendered by the firm in the
Armendariz/Guardian Bank litigation.
The existing agreement may be summarized as follows:
-- The firm has been engaged to represent all
defendants in the litigation except former Mayor Holcomb, for whom
separate counsel has been retained.
-- The hourly rate for attorneys is $125.00, and the {
hourly rate for law clerks and paralegals is $50.00. The firm is
entitled to reasonable reimbursement for expenses such as filing
fees, telephone charges, deposition costs, etc.
MBA must obtain City approval before hiring experts
to assist it in the case. Billing for such services is either by
way of a request for reimbursement or by forwarding the expert' s
statement to the City (in the manner directed by the Director of
Finance) .
-- MBA is to keep the City Attorneys' Office advised of
the status of the case, as well as forward copies of significant
correspondence, pleadings and court rulings. i
-- MBA cannot settle the case without City approval.
-- Joseph Arias is to be trial counsel .
-- The agreement is terminable at will .
On April 6, 1992, the Mayor and Council hired MBA to defend
the Armendariz case, with the express understanding that the hourly
rate for attorneys would be $125.00. On September 21, 1992, the
Mayor and Council retained the firm in the Guardian Bank matter, at
the same hourly rate. The remainder of the above-listed terms as
well as all others set forth in the proposed agreement were
implicit in the nature of the matter, based upon past agreements
,Z 2 j
TO: Mayor and Common Council
FROM: Richard J. Morillo, Sr. Assistant City Attorney
DATE: April 3, 1995
RE: Agreement for Legal Services with MacLachlan,
Burford & Arias (Agenda Item No. 28)
for outside counsel services. The one exception in the proposed
agreement is paragraph 12, which is unique only because in no other
case has the City had a matter where the self-insured retention has
been exhausted. (Nonetheless, MBA has in fact billed BICEP first
since exhaustion of the SIR, though not legally obligated to do
so. )
It is noted that Business and Professions Code §6148, which
governs written fee agreements between attorneys and clients, has
never required that there be a written agreement between the City
and MBA, in that the statute exempts fee arrangements "implied by
the fact that the attorney' s services are of the same general kind
as previously rendered to and paid for by the client, " as well as
when "the client is a corporation" (including a municipal
corporation) .
Please let me know if you have any questions.
I
cc: James F. Penman