HomeMy WebLinkAbout2018-1611
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RESOLUTION NO. 2018-161
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE RETENTION OF HAROLD
POTTER OF JONES & MAYER TO SERVE AS THE LEGAL ADVISOR TO THE
PERSONNEL COMMISSION IN ASSOCIATION WITH DISCIPLINARY APPEAL
HEARINGS
WHEREAS, the Article VI, Section 604 of the City Charter establishes the Personnel
Commission to hear disciplinary appeals filed by City employees; and
WHEREAS, the San Bernardino Municipal Code requires requests for performance of
legal services be directed to the City Attorney; and
WHEREAS, the Personnel Commission will need special counsel to serve as a legal
advisor in the conduct evidentiary disciplinary appeal hearings; and
WHEREAS, such legal services require specialized legal knowledge; and
WHEREAS, the San Bernardino Municipal Code requires retention of special counsel be
approved by the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is authorized to execute on behalf of the City of San
Bernardino a Professional Services Agreement with Jones & Mayer for special counsel to serve
as the legal advisor to the Personnel Commission in association with disciplinary appeal
hearings.
SECTION 2. The Professional Services Agreement shall include a not to exceed amount
of TWENTY FIVE THOUSAND DOLLARS ($25,000) which may only be increased with the
approval of the City Council.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE RETENTION OF HAROLD
POTTER OF JONES & MAYER TO SERVE AS THE LEGAL ADVISOR TO THE
PERSONNEL COMMISSION IN ASSOCIATION WITH DISCIPLINARY APPEAL
HEARINGS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20`h
day of June 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ
X
BARRIOS
VALDIVIA
x(5
SHORETT
NICKEL
_
RICHARD
MULVIHILL
�Y _
NAYS ABSTAIN ABSENT
Georgean anna, C ,City Clerk
The foregoing Resolution is hereby approved this 2& day of June 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B C
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PROFESSIONAL SERVICE AGREEMENT
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of Jones & May (hereinafter " Consultant") are the parties to this Agreement.
2. Harold W. Potter is hereby designated and appointed as the representative on
behalf of the CONSULTANT who shall serve as the le al advisor to the Personnel
Commission. Harold W. Potter shall not represent any client in any type of claim against the
CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through
the City Attorney's Office.
3. CONSULTANT shall be paid at the hourly rate rates set forth below:
Attorneys - $225.00 per hour; and
Law Clerks/Paralegals - $100.00 per hour.
The amount expended under this agreement for attorneys' fees shall not
exceed $25,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least on a monthly basis and no later than the 5th day
of each succeeding month.
5. The actual cost for filing fees, telephone charges, photocopying, postage,
lodging, mileage and related travel costs shall be itemized when submitted to the CITY for
reimbursement. CONSULTANT may include a single charge in an amount not to exceed four
percent (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and
postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
return), then CONSULTANT shall not be entitled to reimbursement for mileage and parking
fees.
7. CONSULTANT shall obtain approval from the CITY to retain expert
consultants and other professionals (not including court reporters) for purposes of litigation.
may, if it chooses to pay the fees and charges of such consultants and seek reimbursement from
CITY on its periodic statement, or it may forward the consultant's bills to CITY with a request
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that the CITY pay it directly. Consultants shall not bill the CITY directly without prior
approval of the CITY's Finance Department.
8. Status reports will be submitted to CITY through the City Attorney's Office
whenever any significant event occurs, and in any event at least quarterly. Information
sufficient to set reserves, including, without limitation, potential liability exposure and
percentage of fault shall be included.
9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
City Attorney's Office which may reproduce same and provide copies to other parties or
attorneys.
10. Copies of any correspondence and other documents sent to any of the other
parties in an action shall also be provided to the CITY through the City Attorney's Office.
11. The City Attorney shall be listed as co -counsel for the City in all actions under
this Agreement.
12. Only Harold W. Potter of Jones & Mayer or other senior attorney approved by
the CITY shall appear in this action.
13. No client development costs are to be included in billings.
14. No continuing education expenses are to be included in billings.
15. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other final documents.
16. Either party may terminate this contract at will. CONSULTANT will continue
to represent the CITY on the terms and conditions in this Agreement until any active cases and
files are transferred to another attorney.
17. CONSULTANT is an independent contractor as to the CITY.
18. CONSULTANT shall maintain the following types of insurance with limits as
I shown:
a) Workers Compensation as required by the laws of the State of California,
including Employment Liability with $250,000 limits covering all persons providing service on
behalf of CONSULTANT and all risks to such persons under this Agreement. CONSULTANT
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shall require its Workers Compensation carrier to waive all rights of subrogation against the
CITY and its officers and employees and any others for whom services are being provided
under this Agreement.
b) Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non -owned
vehicles. The policy shall have at least a combined single limit of $1,000,000 for bodily injury
and property damage.
c) Professional Liability Insurance with limits of at least $1,000,000 per
claim. In lieu of naming the CITY as an additional insured, the policy may be endorsed as
follows:
"Insurance coverage afforded by this policy shall also apply to the liability assumed by
the Insured Under the Agreement with the CITY OF SAN BERNARDINO for legal services,
provided such liability results from an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other provisions of this policy are to remain
unchanged."
CONSULTANT shall furnish certificates of insurance and certified copies of all
policies and endorsements to the City Attorney's Office evidencing the insurance coverage
above required prior to the commencement of performance of services hereunder, which
certificates shall provide that such insurance shall not be terminated or expire without thirty
(30) days written notice to the City Attorney's Office, and shall maintain such insurance from
the time CONSULTANT commences performance of services hereunder until the completion
I of such services.
All policies, with respect to the insurance coverage above required, except for the
Workers Compensation insurance coverage and professional liability coverage, if applicable,
shall obtain additional endorsements naming the CITY and all parties represented under this
Agreement, their employees, agents, volunteers and officers as additional named insured with
respect to liabilities arising out of the performance of services hereunder.
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All policies required above are to be primary and non-contributing with any insurance
or self-insurance programs carried or administered by the CITY or other parties represented
under this Agreement.
19. All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
290 North "D" Street
San Bemardincy—XA 92401
Dat __8p, 2018
Date:��� 2018
Approved as to form:
Gary D Saenz, City Attorney
CITY F SAN BERA INO
a Wd&,,
By: Andrea M. Miller, City Manger
JONEMA4 OP ID: S8
AcoRo° CERTIFICATE OF LIABILITY INSURANCE °022zt27izo1
12018 s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certiflcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certMcate holder in lieu of such endorsement(s).
PRODUCER
Mitchell & Mitchell-Llc0620650
250 Bel Marin Keys Blvd, Bid E
CONTACT
NAME:
PHONE FAX
No 415.883-2525 No;: 415$83-7752
ADDRESS:
INSURER(S) AFFORDING 'COVERAGE NAIC f
Novato, CA 94949
Daniel J. McKenna
INSURERA: CNA Insurance CO
INSURED Richard Jones dbaJones & Mayer
3777 North Harbor Blvd.
Fullerton, CA 92835
INSURERS:
INSURERC:
INSURERD:
INSURER E:
EACH OCCURRENCE $
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY'CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBER
�
MfD Y
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $
CLAIMS -MADE F OCCUR
PREMISES Xe occurrence $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY 0 32C FILOC
PRODUCTS - COMP/OP AGG $
$
OTHER:
AUTOMOBILE LIABILITY
COM IccidenD SINGLE LIMIT $
Ea at
BODILY INJURY (Por person) $
ANY AUTO
ALL OWNED SCHEDULED
AUrOS AUTOS
NON -
HIRED AUTOS AUTOSOWNED
H
BODILY INJURY {Perecciderrt) $
Per accRid DAMAGE $
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECLITIVE
OFFICERIMEMBER EXCLUDED? El
NIA
STATUTE
E.L. EACH ACCIDENT $
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYE
IIyyes', describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT $
A Lawyer's Prof Liab 267951336 01/2212018 01/22/2019 Ea Claim 2,000;0 .
Aggregate 4100010.
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Prior Acts Date: FULL Deductible: $25,000
l"a:il1Blytf$a:Lei Rs1=1;I
City of San Bernardino
City Managers Office
300 North D Street
San Bernardino, CA 92418
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
1988-2014ACORDCORPORATION- All rinhta rosarvorl
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD