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HomeMy WebLinkAbout11-City Attorney CiTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Professional Services Agreement between the City of San Bernardino and the law firm of Arias, Lockwood & Gray to represent the City of San Bernardino in the case of People of the State of California vs. Manta Management, et al. Dept: CITY ATTORNEY Date: August 16,20040RI61NA: Synopsis of Previous Council Action: Mayor and Council approved the hiring of Arias, Lockwood & Gray to represent the City in the subject court action. Recommended motion: Adopt Resolution. Contact person: James F. Penman .~ 5255 Supporting data attached: Staff Renort Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 'Rg:,c:; ~ 2CXj\- 2.ss- Agenda Item No.--1/ B II (, / 0'/ STAFF REPORT Council Meeting Date: AUlrust 16. 2004 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney August 16, 2004 Professional Services Agreement between the City of San Bernardino and the law firm of Arias, Lockwood & Gray to represent the City of San Bernardino in the case of People of the State of California vs. Manta Management, et aL The Mayor and Common Council approved the law firm of Arias, Lockwood & Gray to represent the City in the above-referenced 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 floor motion be adopted so that the Mayor is authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias, Lockwood & Gray to represent the City of San Bernardino in the case of People of the State of California vs. Manta Management, et al. .' o o o 1 RESOLUT~ glPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 3 AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF PEOPLE OF THE STATE OF 4 CALIFORNIA v. MANTA MANAGEMENT, et aL 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to execute on behalf of said City a Professional Services Agreement between Arias, Lockwood 9 & Gray and the City of San Bernardino for legal services, a copy of which is attached hereto 10 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 11 SECTION 2. The authorization granted hereunder shall expire and be void and of no 12 further effect if the agreement is not executed by both parties and returned to the office of City 13 Clerk within sixty (60) days following effective date of the resolution. 14 /1/ 15 //1 16 /1/ 17 //1 18 //1 19 /1/ 20 /1/ 21 //1 22 /1/ 23 /1/ 24 /1/ 25 //1 26 /1/ 27 /1/ 28 IEG/dn [MantaRLA.Res] 1 .' o o o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 2 AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF PEOPLE OF THE STATE OF 3 CALIFORNIA v. MANTA MANAGEMENT, et al. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2004, by the following vote, to wit: 7 COUNCIL MEMBERS: 8 ESTRADA 9 LONGVILLE 10 MCGINNIS II DERRY 12 KELLEY 13 VAN JOHNSON 14 MCCAMMACK 15 16 17 18 19 AYES NAYS ABSTAIN ABSENT CITY CLERK ,2004. The foregoing Resolution is hereby approved this _ day of 20 21 22 >". JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 23 legal content: 24 JAMES F. PENMAN, City Attorney 25 26 27 28 JEG/dn [MantaRLA.Res] 2 --;t'..L-p<_~#t:fd/1tz.p- -11 1/ 0-)11//;/1./ . . o o o EXHIBIT "A" q Q 3 4 5 6 7 8 9 10 II PROFESSIONAL SERVICES AGREEMENT PEOPLE OF THE STA TE OF CALIFORNIA v. MANTA MANAGEMENT, et al. San Bernardino Superior Court Case No: SCVSSI17285 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS, LOCKWOOD & GRAY (hereinafter "AL&G") are the parties to this Agreement. 2. AL&G will be representing the following entities and persons in this litigation: 12 PEOPLE OF THE STATE OF CALIFORNIA by and through James F. Penman City Attorney for the City of San Bernardino. AL&G 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. AL&G shall be paid at the hourly rates set forth below: Attorneys - $ 125.00 per hour; and, Law Clerks/Paralegals - $50.00 per hour. The amounts 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 quarterly. 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. AL&G 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. 13 14 17 18 19 20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return), 21 22 23 24 25 26 27 28 then AL&G shall not be entitled to reimbursement for mileage and parking fees. 7. AL&G shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. AL&G may, if it chooses, pay the fees and charges of such consultants and seek reimbursement form CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance Department. o JEG/dn[M.nt.RLAPSAJ O~ 3 Q 4 5 6 7 8 9 10 II 12 13 14 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 in this, 17 18 19 20 21 or other litigation. 10. Copies of any correspondence and other documents sent to any of the defendants in this action shall also be provided to the CITY through the City Attorney's Office. II. Any and all settlements shall require CITY approval. Request for settlement authority shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 12. In the event the settlement value of this case appears to exceed $50,000.00 the City Attorney's Office shall be notified immediately. 13. Only Joseph Arias of ARIAS, LOCKWOOD & GRAY or other senior attorney approved by the City shall try this case. 14. No client development costs are to be included in billings. 15. No continuing education expenses are to be included in billings. 16. Final billing shall be accompanied by copies of the Request for Dismis~al, Satisfaction of Judgment, Release and any other final documents. 17. Either party may terminate this contract at will. AL&G will continue to represent the CITY on the terms and conditions in this Agreement until the case and file are transferred to another 22 attorney. 23 24 25 26 27 28 18. 19. a) AL&G is an independent contractor as to the CITY. AL&G shall maintain the following types of insurance with limits as shown: Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of AL&G and all risks to such persons under this Agreement. AL&G shall require its Workers Compensation carrier to waive all rights of o JEG/dn[MantaRLAPSA] a q o subrogation against the CITY and its officers and employees and any others for whom services are being provided under this Agreement. ^ ~ b) Comprehensive General and Automobile Liability Insurance coverage to 4 5 6 7 8 9 10 11 include contractual coverage and automobile coverage for owned, hired and non- owned vehicles. The policy shall have at least a combined single limit of$I ,000,000 for bodily injury and property damage. c) Professional Liability Insurance with limits of at least $ I ,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 defense 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." 12 13 14 AL&G 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 AL&G commences performance of services hereunder until the completion 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 panies 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. 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. 17 18 19 20 21 22 23 24 ~- ~) 26 27 28 III JEGldn[MantaRLAPSAj . O~ 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 924] 8 3 4 5 Dated: 7-Z/ 6 7 8 9 10 Dated: ,2004 ARIAS, LOCKWOOD & GRA Y /~. - ~Ci?"u~ , 2004 CITY OF SAN BERNARDINO 11 12 By: Judith Valles, Mayor 13 14 Q Approved as to form and legal content: 17 18 JAMES F. PENMAN, City Attorney 19 20 21 22 .p~ ')' -~ 24 25 26 27 28 o JEG/dn(MantaRLAPSAj CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 20, 2004 TO: Edna DiVellis, Operations Supervisor FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-255 - Arias, Lockwood & Gray CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with Arias, Lockwood & Gray to represent the City in the case of People of the State of California v. Manta Management, et al. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206.