HomeMy WebLinkAbout13-City Attorney
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
August3,20040R1G1NAl
Subject: Professional Services Agreement between the
City of San Bernardino and the law firm of Wacy
Armstrong, Jr. to represent the City of San Bernardino
in the case of San Bernardino City Unified School
District, a public school district v. Oscar A. Sandoval,
etal.
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Synopsis of Previous Council Action:
Mayor and Council approved the hiring ofWacy Armstrong, Jr. to represent the City in the subject court
action.
Recommended motion:
Adopt Resolution.
~ 'lIe--
S' gnature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda Item No. 1'3
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STAFF REPORT
Council Meeting Date: AU2Ust 16. 2004
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: July 21, 2004
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm ofWacy Armstrong, Jr. to represent the City of San
Bernardino in the case of San Bernardino Unified School District v. Oscar
A. Sandoval, et af.
The Mayor and Common Council approved retaining the law firm ofWacy Armstrong. Jr.
to represent the City in the above-referenced court action. Attached is the Professional Services
Agreement which reflects such approval, including a ceiling of $4,000 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
Wacy Armstrong, Jr. to represent the City in the case of San Bernardino Unified School District v.
Oscar A. Sandoval, et al.
RLS/ac [SBCUSD-AnnstrongStaflRpt]
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RESOLCQP11'
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN W ACY ARMSTRONG, JR. AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY IN THE CASE OF SAN BERNARDINO CITY UNIFIED SCHOOL
4 DISTRICT v. OSCAR A. SANDOVAL, 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 Wacy Armstrong,
9 Jr. and the City of San Bernardino for legal services, a copy of which is attached hereto marked
10 Exhibit" A" and incorporated herein by reference as fully as though set forth at length.
II 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.
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RLS/ac [SDUSD-ArmstrongRes] I
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN W ACY ARMSTRONG, JR. AND THE CITY OF SAN BERNARDINO
TO REPRESENT THE CITY IN THE CASE OF SAN BERNARDINO CITY UNIFIED SCHOOL
3 DISTRlCTv. OSCARA. SANDOVAL, etal.
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
day of
meeting
, 2004, by the following vote, to
6 thereof, held on the
7 wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
IS MCCAMMACK
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17
AYES
NAYS
ABSTAIN
ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this
20 2004,
21
22
day of
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24 Approved as to form and
legal content:
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RLS/ac [SDUSD-ArmstrongRes] 2
JUDITH V ALLES, Mayor
City of San Bernardino
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PROFESSIONAL SERVICES AGREEMENT
San Bernardino City Unified School District v. Oscar A. Sandoval, et al.
San Bernardino Superior Court Case No. SCVSS 117009
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
W ACY ARMSTRONG, JR. (hereinafter "ARMSTRONG") are the parties to this Agreement.
2. ARMSTRONG will be representing the CITY OF SAN BERNARDINO in this
litigation. ARMSTRONG 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. ARMSTRONG shall be paid at the hourly rates set forth below:
Attorneys - $150.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
$4,000 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.
ARMSTRONG 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 ARMSTRONG shall not be entitled to reimbursement for mileage and parking fees.
7. ARMSTRONG shall obtain approval from the CITY to retain expert consultants
and other professionals (not including court reporters) for purposes of defending the litigation.
ARMSTRONG may, if it chooses, pay the fees and charges of such consultants and seek
reimbursement from 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.
III
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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, 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.
I I. 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. Only W ACY ARMSTRONG, JR. or other attorney approved by the CITY shall
try this case.
13. No client development costs are to be included in billings.
14. No continuing education expenses are to be included in billings.
IS. 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. ARMSTRONG will continue to
represent the CITY on the terms and conditions in this Agreement until the case and file are
transferred to another attorney.
17. ARMSTRONG is an independent contractor as to the CITY.
18. ARMSTRONG shall maintain the following types of insurance with limits as
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 ARMSTRONG and all risks to such
persons under this Agreement. ARMSTRONG shall require its Workers
RLSacs [SBUSD-ArmslIongAgr]
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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.
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b)
Comprehensive General and Automobile Liability Insurance
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coverage to include contractual coverage and automobile coverage for owned,
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hired and non-owned vehicles. The policy shall have at least a combined single
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limit of $1 ,000,000 for bodily injury and property damage.
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Professional Liability Insurance with limits of at least $1 ,000,000
9 per claim. In lieu of naming the CITY as an additional insured, the policy may
lObe endorsed as follows:
11 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
12 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act ofthe insured, its officers, employees, agents
13 or subcontractors. All other provisions of this policy are to remain unchanged."
14 ARMSTRONG shall furnish certificates of insurance and certified copies of all
15 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above
16 required prior to the commencement of performance of services hereunder, which certificates shall
1 7 provide that such insurance shall not be terminated or expire without thirty (30) days written notice
18 to the City Attorney's Office, and shall maintain such insurance from the time ARMSTRONG
19 commences performance of services hereunder until the completion of such services.
2 0 All policies, with respect to the insurance coverage above required, except for the
21 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
2 2 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
23 their employees, agents, volunteers and officers as additional named insured with respect to
24 liabilities arising out of the performance of services hereunder.
25 All policies required above are to be primary and non-contributing with any
26 insurance or self-insurance programs carried or administered by the CITY or other parties
27 represented under this Agreement.
28 III
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All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
,2004
W ACY ARMSTRONG, JR.
By: Wacy Armstrong, Jr.
,2004
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
20 Approved as to form and
legal content:
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~~9.~
ES F. PENMAN
Attorney
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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:
Transmitting Documents for Signature - Resolution 2004-257
At the Mayor and Common Council meeting of August 16, 2004, the City of San Bernardino
adopted Resolution 2004-257 - Resolution authorizing the execution of a professional services
agreement between Wacy Armstrong, Jr., and the City of San Bernardino to represent the City in
the case of San Bernardino City Unified School District v. Oscar A. Sandoval, et al.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
with 60 days, or by October 15,2004.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt ofthe above mentioned documents.
Signed: ~ /.Di/'.{/q--'
Date: 15/20 / () /-
,
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 5, 2004
TO:
Edna DiVellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-257 - Wacy Armstrong, Jr.
CC:
Our office has not received the professional services agreement with Wacy Armstrong, Jr. to
represent the City in the case of San Bernardino City Unified School District v. Oscar A.
Sandoval, et al. This agreement was approved at the Mayor and Common Council meeting held
on August 16, 2004, and will be null and void ifnot executed and returned to the City Clerk's
Office by October 15,2004.
Please forward the executed agreement to the City Clerk's Office, to my attention, as soon as
possible. If you have any questions, please do not hesitate to call me at ext. 3206.
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OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
JAMES F. PENMAN
CITY ATTORNEY
TO:
Michelle Taylor, Sr. Secretary, City Clerk's Office
FROM:
Michael Reiter, Deputy City Attorney
DATE:
October 27, 2004
RE:
San Bernardino Citv Unified School District v. Oscar A. Sandoval. et al.
Attached is the original executed Professional Services Agreement in the above-referenced
matter.
Attachment
MRljs (SandovaI.Mem]
300 NORTH "0" STREET' SAN BERNARDINO, CA 92418'()()()1 . (909) 384-5355' FAX (909) 384-5238
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 2, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-257 - Wacy Armstrong, Jr.
CC:
Attached is a fully executed copy of the agreement with Wacy Armstrong, Jr., to represent the
City in the case of San Bernardino City Unified School District v. Oscar A. Sandoval. 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.
..
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): "6' II;, -eft Item #
Vote: Ayes 1-'1 Nays .e
Change to motion to amend original documents 0
13
Resolution #
7OA-L.-s'l
Absent -e--
Abstain .9-
Companion Resolutions
Null/Void After: "0 days / lO-IS-<y\
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: '6- n -0 q
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Reso. Log Updated:
Seal Impressed:
w
o
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent: \C-S-O'\
Date Returned: 10 - )1-0'1 Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL
Yes
Yes
Yes
Yes
No
No~
No V
No ,/
No?
By_
By
By
By
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney I2f Finance Ia'" Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: :L
Notes:
Ready to File:_
Date:
Revised 12/18/03