HomeMy WebLinkAbout2015-198 RESOLUTION NO. 2015-198
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
GOLDMAN MAGDALIN KRIKES, LLP TO PROVIDE WORKERS'
4 COMPENSATION LEGAL SERVICES.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized and directed to execute
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9 the Professional Services Agreement between the City of San Bernardino and
10 Goldman Magdalin Krikes, LLP, attached hereto as Exhibit "A."
11 SECTION 2. The Purchasing Manager is hereby authorized to issue a
12 Purchase Order to Goldman Magdalin Krikes, LLP for workers' compensation legal
13
services for a total annual amount not to exceed $300,000.00 with two (2), one year
14
15 options to extend.
16 SECTION 3. The authorization granted hereunder shall expire and be void
17 and of no further effect if the Agreement is not executed by both parties and returned
18 to the Office of the City Clerk within sixty (60) days following the effective date of this
19 Resolution.
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1
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
3 GOLDMAN MAGDALIN KRIKES, LLP TO PROVIDE WORKERS'
COMPENSATION LEGAL SERVICES.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5
6 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 8t" day of September, 2015, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ x
11 BARRIOS x
12 VALDIVIA x
13 SHORETT x
14 NICKEL x
15
JOHNSON x
16
17
MULVIHILL x
18
19 Georg ann Hanna, CMC, City Clerk
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21 The foregoing Resolution is hereby approved this �l day of September,
2015.
22 2- � L�L
23 R. Carey D vis, Mayor
24 City of Sa Bernardino
Approved as to form:
25 Gary D. Saenz, City Attorney
26 1 `
By:
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2015-198
1 PROFESSIONAL SERVICES AGREEMENT
WORKERS' COMPENSATION LITIGATION
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3
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4
Goldman Magdalin Krikes, LLP (hereinafter "GMK") are the parties to this Agreement.
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2. GMK will be representing the following entities and persons in Workers
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Compensation litigation: CITY OF SAN BERNARDINO. GMK shall not represent any
7
client in any type of claim against the CITY without prior written approval to do so from the
8
CITY OF SAN BERNARDINO through the City Attorney's Office.
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3. GMK shall be paid at the hourly rates set forth below:
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Attorney —Partner- $160 per hour;
11
Attorney-Associate- $150 per hour;
12
Lien Resolution Specialist- $115 per hour; and
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Paralegal/Admin. Assistant- $85 per hour.
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The amounts expended under this agreement for attorney fees shall not
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exceed $300,000 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 5t
17
day of each succeeding month.
18 osta
5. The actual cost for filing fees, telephone charges, photocopying, postage,
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lodging, mileage and related travel costs shall be itemized when submitted to the CITY for
20
reimbursement. GMK may include a single charge in an amount not to exceed four
21
percent (4%) of attorney fees in lieu of reimbursement for photocopying, telephone
22
charges, and postage.
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6. If attorney fees are charged "portal to portal" (e.g., from office to court and
24
return), then GMK shall not be entitled to reimbursement for mileage and parking fees.
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7. GMK shall obtain approval from the CITY to retain expert witnesses,
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2015-198
1 consultants, and other professionals (not including court reporters) for purposes of the
2 litigation. GMK may, if it chooses, pay the fees and charges of such consultants and seek
3 reimbursement from the CITY on its periodic statement, or it may forward the consultant's
4 bill to the CITY with a request that the CITY pay it directly. Consultants shall not bill the
5 CITY directly without prior approval of the CITY'S Finance Department.
6 8. Status reports will be submitted to the CITY through the City Attorney's
7 Office whenever any significant event occurs, and in any event at least quarterly.
8 Information sufficient to set reserves, including, without limitation, potential liability
9 exposure and percentage of fault, shall be included.
10 9. Any and all settlements shall require CITY approval. Request for
11 settlement authority shall be made through the City Attorney's Office which shall obtain
12 the necessary CITY approvals.
13 10. In the event the settlement value of this case appears to exceed $50,000.00
14 the City Attorney's Office shall be notified immediately.
15 11. No client development costs are to be included in billings.
16 12. No continuing education expenses are to be included in billings.
17 13. Final billing shall be accompanied by copies of the Request for Dismissal,
18 Satisfaction of Judgment, Release and any other final documents.
19 14. Either party may terminate this Agreement at will. GMK will continue to
20 represent the CITY on the terms and conditions in this Agreement until the case and file
21 are transferred to another attorney.
22 15. GMK is an independent contractor as to the CITY.
23 16. GMK shall maintain the following types of insurance with limits as shown:
24 a) Workers Compensation as required by the laws of the State of California,
25 including Employment Liability with $250,000 limits covering all persons
26 providing service on behalf of GMK and all risks to such persons under this
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2015-198
1 Agreement. GMK shall require its Workers Compensation carrier to waive
2 all rights of subrogation against the CITY and its officers and employees
3 and any others for whom services are being provided under this
4 Agreement.
5 b) Comprehensive General and Automobile Liability Insurance
6 coverage to include contractual coverage and automobile coverage for
7 owned, hired and non-owned vehicles. The policy shall have at least a
8 combined single limit of $1,000,000 for bodily injury and property damage.
9 c) Professional Liability Insurance with limits of at least $1,000,000 per
10 claim. In lieu of naming the CITY as an additional insured, the policy may
11 be endorsed as follows:
12
"Insurance coverage afforded by this policy shall also apply to
13 the liability assumed by the Insured under the Agreement with the
CITY OF SAN BERNARDINO for legal services, provided such
14 liability results from an error, omission or negligent act of the insured,
its officers, employees, agents, or subcontractors. All other
15 provisions of this policy are to remain unchanged."
16
17 GMK shall furnish certificates of insurance and certified copies of all policies
18 and endorsements to the City Attorney's Office evidencing the insurance coverage above
19 required prior to the commencement of performance of services hereunder, which
20 certificates shall provide that such insurance shall not be terminated or expire without
21 thirty (30) days written notice to the City Attorney's Office, and shall maintain such
22 insurance from the time GMK commences performance of services hereunder until the
23 completion of such services.
24 All policies, with respect to the insurance coverage above required, except
25 for the Workers Compensation insurance coverage and professional liability coverage, if
26 applicable, shall obtain additional endorsements naming the CITY and all parties
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2015-198
1 represented under this Agreement, their employees, agents, volunteers and officers as
2 additional named insureds with respect to liabilities arising out of the performance of
3 services hereunder.
4 All policies required above are to be primary and non-contributing with any
5 insurance policies or self-insurance programs carried or administered by the CITY or
6 other parties represented under this Agreement.
7 17. All communications and billings to the CITY are to be directed as follows:
8
City Attorney's Office Human Resources Department
9 CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO
300 North "D" Street, 6t" FI 300 North "D" Street, 2nd A
10 San Bernardino, CA 92418 San Bernardino, CA 92418
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13 Dated: , 2015 GOLDMAN MAGDALIN KRIKES, LLP
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15 By:
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18 Dated: , 2015 CITY OF SAN BERNARDINO
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20 By: R. Carey Davis, Mayor
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Approved as to form:
23 Gary D. Saenz, City Attorney
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25 By:
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2015-198
1 PROFESSIONAL SERVICES AGREEMENT
WORKERS' COMPENSATION LITIGATION
2
3
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4
Goldman Magdalin Krikes, LLP (hereinafter"GMK") are the parties to this Agreement.
5
2. GMK will be representing the following entities and persons in Workers'
6
Compensation litigation: CITY OF SAN BERNARDINO. GMK shall not represent any
7
client in any type of claim against the CITY without prior written approval to do so from the
8
CITY OF SAN BERNARDINO through the City Attorney's Office.
9
3. GMK shall be paid at the hourly rates set forth below:
10
Attorney—Partner- $160 per hour;
11
Attorney-Associate- $150 per hour;
12
Lien Resolution Specialist- $115 per hour; and
13
Paralegal/Admin. Assistant- $85 per hour.
14
The amounts expended under this agreement for attorney fees shall not
15
exceed $300,000 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 5th
17
day of each succeeding month.
18
5. The actual cost for filing fees, telephone charges, photocopying, postage,
19
lodging, mileage and related travel costs shall be itemized when submitted to the CITY for
20
reimbursement. GMK may include a single charge in an amount not to exceed four
21
percent (4%) of attorney fees in lieu of reimbursement for photocopying, telephone
22
charges, and postage.
23
6. If attorney fees are charged "portal to portal" (e.g., from office to court and
24
return), then GMK shall not be entitled to reimbursement for mileage and parking fees.
25
7. GMK shall obtain approval from the CITY to retain expert witnesses,
26
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2015-198
1 consultants, and other professionals (not including court reporters) for purposes of the
2 litigation. GMK may, if it chooses, pay the fees and charges of such consultants and seek
3 reimbursement from the CITY on its periodic statement, or it may forward the consultant's
4 bill to the CITY with a request that the CITY pay it directly. Consultants shall not bill the
5 CITY directly without prior approval of the CITY'S Finance Department.
6 8. Status reports will be submitted to the CITY through the City Attorney's
7 Office whenever any significant event occurs, and in any event at least quarterly.
8 Information sufficient to set reserves, including, without limitation, potential liability
9 exposure and percentage of fault, shall be included.
10 9. Any and all settlements shall require CITY approval. Request for
11 settlement authority shall be made through the City Attorney's Office which shall obtain
12 the necessary CITY approvals.
13 10. In the event the settlement value of this case appears to exceed $50,000.00
14 the City Attorney's Office shall be notified immediately.
15 11. No client development costs are to be included in billings.
16 12. No continuing education expenses are to be included in billings.
17 13. Final billing shall be accompanied by copies of the Request for Dismissal,
18 Satisfaction of Judgment, Release and any other final documents.
19 14. Either party may terminate this Agreement at will. GMK will continue to
20 represent the CITY on the terms and conditions in this Agreement until the case and file
21 are transferred to another attorney.
22 15. GMK is an independent contractor as to the CITY.
23 16. GMK shall maintain the following types of insurance with limits as shown:
24 a) Workers Compensation as required by the laws of the State of California,
25 including Employment Liability with $250,000 limits covering all persons
26 providing service on behalf of GMK and all risks to such persons under this
17
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2015-198
1 Agreement. GMK shall require its Workers Compensation carrier to waive
2 all rights of subrogation against the CITY and its officers and employees
3 and any others for whom services are being provided under this
4 Agreement.
5 b) Comprehensive General and Automobile Liability Insurance
6 coverage to include contractual coverage and automobile coverage for
7 owned, hired and non-owned vehicles. The policy shall have at least a
8 combined single limit of$1,000,000 for bodily injury and property damage.
9 c) Professional Liability Insurance with limits of at least $1,000,000 per
10 claim. In lieu of naming the CITY as an additional insured, the policy may
11 be endorsed as follows:
12
"Insurance coverage afforded by this policy shall also apply to
13 the liability assumed by the Insured under the Agreement with the
CITY OF SAN BERNARDINO for legal services, provided such
14 liability results from an error, omission or negligent act of the insured,
its officers, employees, agents, or subcontractors. All other
15 provisions of this policy are to remain unchanged."
16
17 GMK shall furnish certificates of insurance and certified copies of all policies
19 and endorsements to the City Attorney's Office evidencing the insurance coverage above
19 required prior to the commencement of performance of services hereunder, which
20 certificates shall provide that such insurance shall not be terminated or expire without
21 thirty (30) days written notice to the City Attorney's Office, and shall maintain such
22 insurance from the time GMK commences performance of services hereunder until the
23 completion of such services.
24 All policies, with respect to the insurance coverage above required, except
25 for the Workers Compensation insurance coverage and professional liability coverage, if
26 applicable, shall obtain additional endorsements naming the CITY and all parties
3
I represented under this Agreement.
2 17. All communications and billings to the CITY are to be directed as follows:
City Attorney's Office Human Resources Division
3 CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO
300 North "D" Street 300 North "D" Street
4 San Bernardino, CA 92418 San Bernardino, CA 92418
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7 Dated: 9 29 bJS , 2015 GOLDMAN MAGDALIN KRIKES, LLP
8
9 By:
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12 Dated: ~ �� , 2015 CITY OF SAN BERNARDINO
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14 By: AllepAvar0er, City Manager
15
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Approved as to form:
17 Gary D. Saenz, City Attorney
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19 By: JA
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