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ORIGINAL
CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
Dept: CITY A TIORNEY
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 claim of Harold E. Sykes v. City of
San Bernardino And Any Subsequent Litigation.
From: JAMES F. PENMAN
City Attorney
Date: April 12, 2005
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Arias, Lockwood and Gray to represent the City in the subject
court action.
Recommended motion:
Adopt Resolution.
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Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Re1>ort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda Item NO.~
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STAFF REPORT
Council Meeting Date: Aori118. 2005
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: April 12, 2005
AGENDA ITEM: ProCessional Services Agreement between the City oC San Bernardino and the
law firm oC Arias, Lockwood & Gray to represent the City oC San Bernardino
in the case of Harold E. Sykes v. City of San Bernardino, et aL, and any
subsequent litigation
The Mayor and Common Council approved the law ftrm of Arias, Lockwood & Gray to
represent the City in the claim for damages ftled by Mr. Sykes and any subsequent litigation.
Attached hereto is the Professional Services Agreement which reflects such approval, including a
ceiling of $20,000 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 ftnn of
Arias, Lockwood & Gray to represent the City in the claim for damages ftled by Harold E. Sykes v.
City of San Bernardino, et al., and any subsequent litigation.
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RFSOLtmON NO. C OfY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND THE CITY
OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CLAIM OF HAROW E.
4 SYKES v. CITY OF SAN BERNARDINO
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 marked
10 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.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TIlE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN ARIAS, LOCKWOOD & GRAY AND TIlE
CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CLAIM OF
3 HAROLD E. SYKES v. CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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meeting
Common Council of the City of San Bernardino at a
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thereof, held on the
day of
AYES
,2005, by the following vote, to wit:
NAYS ABSTAIN ABSENT
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COUNCIL MEMBERS:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
CITY CLERK
The foregoing Resolution is hereby approved this
,2005.
day of
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN
City Attorney
By:$~~
RLSljs [Sykes.Res]
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PROFESSIONAL SERVICES AGREEMENT
Claim of HAROW E. SYKES v. CITY OF SAN BERNARDINO, et al.
and Any Subsequent Litigation
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 ARIAS, LOCKWOOD & GRA Y (hereinafter "AL&G") are the parties to this Agreement.
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2,
AL&G will be representing the following entities and persons handling the claim for
7 damages and any subsequent litigation: CITY OF SAN BERNARDINO. AL&G shall not represent
8 any client in any type of claim against the CITY without prior written approval to do so from the
9 CITY OF SAN BERNARDINO through the City Attorney's Office.
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3.
AL&G shall be paid at the hourly rates set forth below:
Attorneys - $125.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
14 $25,000 without further approval of the Mayor and Common Council.
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4.
5.
Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 AL&G may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
19 reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
21 then AL&G shall not be entitled to reimbursement for mileage and parking fees.
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7.
AL&G shall obtain approval from the CITY to retain expert consultants and other
23 professionals (not including court reporters) for purposes of defending the litigation. AL&G may,
24 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
25 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
27 Finance Department.
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RLSIjs [Sykes.PrfSvcs.Agreemenl]
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1 8. Status reports will be submitted to CITY through the City Attorney's Office whenever
2 any significant event occurs, and in any event at least quarterly. Information sufficient to set
3 reserves, including, without limitation, potential liability exposure and percentage of fault shall be
4 included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
6 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
7 or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants in
9 this action shall also be provided to the CITY through the City Attorney's Office.
10 11. Any and all settlements shall require CITY approval. Request for settlement authority
11 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
12 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
13 Attorney's Office shall be notified immediately.
14 13. Only Joseph Arias of ARIAS, LOCKWOOD & GRAY or other senior attorney
15 approved by the City shall try this case.
16 14. No client development costs are to be included in billings.
17 15. No continuing education expenses are to be included in billings.
18 16. Final billing shall be accompanied by copies of the Request for Dismissal,
19 Satisfaction of Judgment, Release and any other final documents.
20 17. Either party may terminate this contract at will. AL&G will continue to represent the
21 CITY on the terms and conditions in this Agreement until the case and file are transferred to another
22 attorney.
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24 19.
25 a)
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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.
RLSIjs [Sykes.PrfSvcs.Agreemcnt]
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AL&G 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 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."
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
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to the commencement of performance of services hereunder, which certificates shall provide that
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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
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obtain additional endorsements naming the CITY and all parties represented under this Agreement,
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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.
RLSIjs [Sylces.PrfSvcs.Agreement]
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1 20. All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
5 Dated:
,2005
ARIAS, LOCKWOOD & GRAY
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By: Joseph Arias
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9 Dated: ~,2oo5
10 CITY OF SAN BERNARDINO
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16 Approved as to fonn and
legal content:
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18 JAMES F, PENMAN,
City Attorney
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RLSljs [Sykes.PrfSvcs.Agreement) 4
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
MCEtvlO-M'Y ClERt,1,
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DATE:
April 27, 2005
TO:
James Penman, City Attorney
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-83
At the Mayor and Common Council meeting of April 18, 2005, the City of San Bernardino
adopted Resolution No. 2005-83 - Resolution authorizing the execution of a Professional
Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino to
represent the City in the claim of Harold E. Sykes v. City of San Bernardino.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office to my attention. Please keep the fully executed copies for your records and for the other
party.
Please be advised that the resolution and contract will be null and void if not executed
within UO" days from the date of adoption.
'0 .
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: ~ ,JQ;VJU~':'-
4-/;<?/05
Please sign and return
Date:
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INTER OFFICE MEMORANDUM
OFFICE OF THE CITY: Al'TORNEY
CITY OF SAN BERNARDIWJEtv.';0lTV CLERK
.. MY 12 Pl2 :33
TO:
Eileen Gomez, Senior Secretary
City Clerk's Office
FROM:
Robert L. Simmons, Sr. Assistant City Attorney
DATE:
May 10, 2005
RE:
Resolution No. 2005-83 - Professional Services Agreement
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Attached is the executed original Professional Services Agreement in the Claim of Harold
E. Sykes v. City of San Bernardino, et al.
~
Robert L. Simmons
Sr. Assistant City Attorney
Attachment.
RLSIjs [Police\Chapter8.35.Mem]
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): Ij //gID~ Item #
Vote: Ayes t;' I Nays
Change to motion to amend original documents 0
.q
Resolution #
~()O5* -g3
Absent it I +- ~ 7
Abstain
Companion Resolutions
Null/Void After: days/
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:
Date of Mayor's Signature: L.(;,
Date of Clerk/CDC Signature:
Reso. Log Updated: ~ /
Seal Impressed: rp/
;:<:
Dare Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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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):
Yes , No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
~ Animal Control 0 EDA 0 Information Services 0
" ~
~~ City Administrator ~ Facilities Parks & Recreation 0
City Attorney Finance Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Ready to File: _ Date:
Revised 12/18/03