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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
JAMES F. PENMAN
CITY ATTORNEY
CITY ATTORNEY ORIGINAL
Subject: Professional Services Agreement between Arias &
Lockwood and the City of San Bernardino in the case of
Patrick Major v. San Bernardino Fire Department, City of
San Bernardino, et af.
Dept:
Date: May 30, 2006
MCC Meeting: June 5, 2006
Synopsis of Previous Council Action:
Recommended motion:
The Mayor and Common Council adopt the resolution.
Contact person:
Steohanie D. Easland
Phone:
5355
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Committee Notes:
Kf5. JDDIc?-IL/r
Agenda Item No.----13
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ST AFF REPORT
Council Meeting Date: June 5. 2006
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
May 30, 2006
Professional Services Agreement between the City of San Bernardino
and the law firm of Arias & Lockwood to represent Fire Captain
Richard Lewis in any discovery proceedings in the case of Patrick Major
v. San Bernardino Fire Departmenr, City of San Bernardino, et al.
On May 15, 2006, the Mayor and Common Council approved the law firm of Arias &
Lockwood to represent Fire Captain Richard Lewis in any discovery proceedings in the above-
referenced court action. Attached hereto is the Professional Services Agreement which reflects such
approval, including a ceiling of $2,000 on attorney fees.
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 behalfofthe 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 to represent Richard Lewis in any discovery proceedings in the case of Patrick
Major v. San Bernardino Fire Department, City of San Bernardino, et at.
Attachment
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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 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 the
13 City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO IN THE CASE OF PATRICK MAJOR v. SAN BERNARDINO FIRE
3 DEPARTMENT, CITY OF SAN BERNARDINO, et al.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting
thereof, held on the
day of
, 2006, by the following vote, to
wit:
COUNCIL MEMBERS:
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
AYES
NAYS
ABSTAIN
ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
2006.
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
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PROFESSIONAL SERVICES AGREEMENT
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1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 ARIAS & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
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A&L will be representing San Bernardino Fire Captain Richard Lewis, a potential
5 witness in the case of Patrick Major v. San Bernardino Fire Department, City o/Sa/1 Bernardino,
6 et al San Bernardino Superior Court Case No.SCVSSI29136, in any discovery proceedings
7 involving Captain Lewis in the aforesaid case. A&L shall not represent any client in any type of
8 claim against the CITY without prior written approval to do so from the CITY OF
9 SAN BERNARDINO through the City Attorney's Office.
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3.
A&L shall be paid at the hourly rates set forth below:
Attorneys - $135.00 per hour; and,
Law Clerks/Paralegals - $60.00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
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$2,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
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5.
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 A&L may include a single charge in an amount not to exceed four percent (4%) offees in lieu of
19 reimbursement for photocopying, telephone charges, and postage.
6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and
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21 return), then A&L shall not be entitled to reimbursement for mileage and parking fees.
7.
A&L shall obtain approval from the CITY to retain expert consultants and other
23 professionals (not including court reporters) for purposes of defending the litigation. A&L 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
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Finance Department.
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1 8. Status reports will be submitted to CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
3 to set reserves, including, without limitation, potential liability exposure and percentage of fault
4 shall be included.
5 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
6 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
7 in this, or other litigation.
8 10. Copies of any correspondence and other documents sent to any of the defendants
9 in this action shall also be provided to the CITY through the City Attorney's Office.
10 II. No client development costs are to be included in billings.
11 12. No continuing education expenses are to be included in billings.
12 13. Either party may terminate this contract at will. A&L will continue to represent
13 Richard Lewis on the terms and conditions in this Agreement until the case and file are transferred
14 to another attorney.
15 14. A&L is an independent contractor as to the CITY.
16 15. A&L shall maintain the following types of insurance with limits as shown:
17 a) Workers Compensation as required by the laws of the State of
18 California, including Employment Liability with $250,000 limits covering all
19 persons providing service on behalf of A&L and all risks to such persons under
20 this Agreement. A&L shall require its Workers Compensation carrier to waive
21 all rights of subrogation against the CITY and its officers and employees and any
22 others for whom services are being provided under this Agreement.
23 b) Comprehensive General and Automobile Liability Insurance
24 coverage to include contractual coverage and automobile coverage for owned,
25 hired and non-owned vehicles. The policy shall have at least a combined single
26 limit of $1 ,000,000 for bodily injury and property damage.
2 7 c) Professional Liability Insurance with limits of at least $1 ,000,000
28 per claim. In lieu of naming the CITY as an additional insured, the policy may
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be endorsed as follows;
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"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."
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5 A&L shall furnish certificates of insurance and certified copies of all policies and
6 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
7 to the commencement of performance of services hereunder, which certificates shall provide that
8 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
9 Attorney's Office, and shall maintain such insurance from the time A&L commences performance
10 of services hereunder until the completion of such services.
11 All policies, with respect to the insurance coverage above required, except for the
12 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
13 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
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liabilities arising out of the performance of services hereunder.
16 All policies required above are to be primary and non-contributing with any
17 lI1surance or self-insurance programs carried or administered by the CITY or other parties
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18 represented under this Agreement.
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All communications and billings to the CITY are to be directed as follows:
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DA TED: May _,2006
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DA TED: May _, 2006
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Approved as to form:
JAMES F. PENMAN,
16 City Attorney
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
ARIAS & LOCKWOOD
By: Joseph Arias
CITY OF SAN BERNARDINO
By: Patrick J. Morris, Mayor
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopt;d): ~ Item # \ Q
Vote: Ayes IJ1-.'>vL-\ S l.ci1Nays .:&-
/ J
Change to motion to amend original documents D Companion Resolutions
Resolution #
Abstain -&-
dDDb-lit
Absent :3
Null/Void After: (p D d.ays / ~
Resolution # On AttachmentsJ8f Note on Resolution of attachment stored separately: D
PUBLISH D POST D RECORD W/COUNTY D By:
Date Sent to Mayor: )
Date of Mayor's Signature: ~ (p;
Date of Clerk/CDC Signature: Lv 0 lJl
Reso. Log Updated: D
Seal Impressed: ---lQ:'
Reso. # on StaffReport;K(1
Date Memo/Letter Sent for Signature: ~ 1'31 Ov> Date Returned: rvj.2J I~ Not Returned: D
I
1" Reminder Letter Sent: 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
No
No V
No v'
No V
N07
By_
By_
By_
By_
By_
Yes
Yes
Yes
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney MY\'\ Finance .J>;ct{ \ \1 Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others:
Notes:
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Ready to File:
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 13, 2006
TO:
Edna DiVellis, Operations Supervisor
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-148
At the Mayor and Common Council meeting of June 5, 2006, the City of San Bernardino
adopted Resolution No. 2006-148 - Resolution authorizing the execution of a professional
services agreement between Arias & Lockwood and the City of San Bernardino in the case of
Patrick Major V. San Bernardino Fire Department, City of San Bernardino, et al.
Attached are one (1) original Professional Services Agreement and one (1) duplicate agreement
to be executed by Arias & Lockwood. Please obtain signatures in the appropriate locations and
return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to Dodie
Otterbein, Records Management Coordinator. Please forward the other fully executed copy to
the other party.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by Friday, August 4,2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ext. 3215. Thank you.
A
C!-i~'I1?tl~\\.Q (~~
/ Sandra Medina
Assistant to the City Clerk
I hereby acknowledge receipt of the above mentioned documents.
Signed: t.~ .1Il; J. ..11 L"-'
Date: ~ J /3 I \) l"
, ,
Please sign and return
RECEIVED-CITY CLEii.
2006 JUN 2 I Aii II: 4 7
INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
Dodie Otterbein .
Records Management coor,~
Edna DiYellis 4-jA.A'-" till
Operations Supervisor
FROM:
DATE:
June 20, 2006
RE:
Patrick Major v. San Bernardino Fire Department,
City of San Bernardino, et al.
Attached please find the original, fully executed Professional Services Agreement in the
above-referenced case.
Should you have any questions, please do not hesitate to call me at 5355. Thank you.
Attachment
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