HomeMy WebLinkAbout15-City AttorneyCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Date: February 22, 2007
Synopsis of Previous Council Action:
Subject: Professional Services Agreement between the
City of San Bernardino and the law firm of Arias &
Lockwood to represent [he City of San Bemazdino, in
Jamie Johnson v. City of San Bernardino, et al..
02/05/07: Mayor and Council approved the hiring of Arias & Lockwood to represent the City of San
Bernardino in the subject court action.
Recommended motion:
That said resolution be adopted.
Contact person: James F. Penman Phone: 5255
Supporting data attached: Staff Renort Ward:
FUNDING REQUIltEMENTS: Amount:
Source:
Finance:
Council Notes:
Agenda Item No. /~
3 /S~D~
• STAFF REPORT
Council Meeting Date: March 5. 2007
T0: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: February 22, 2007
AGENDA ITEM: Professional Services Agreement between the City of San
Bernardino and the law firm of Arias & Lockwood to represent
the City of San Bernardino in Jamie Johnson v. City of San
Bernardino, et al.
On February 05, 2007, the Mayor and Common Council approved the hiring of Arias
& Lockwood to represent the City in the subject court action. Attached hereto is the
Professional Services Agreement which reflects such approval, including a ceiling of
$25,000.00 on attorneys 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 to represent the City in the case of Jamie Johnson v. City
of San Bernardino, et al.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO IN THE CASE OF JAMIE JOHNSON v. CITY OF SAN BERNARDINO, et
al.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCII. OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City a Professional Services Agreement between Arias & Lockwood and
the City of San Bernardino for legal services, a copy of which is attached hereto marked Exhibit "A"
and incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the City I,
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
SERVICES AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO IN THE CASE OF JAMIE JOHNSON v. CITY OF SAN BERNARD/NO, et
al.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bemardino at a meeting thereof, held on the _
day of , 2007, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
i DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel Clazk, City Clerk
The foregoing Resolution is hereby approved this _ day of , 2007.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By: - P~
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Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT
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JAMIE JOHNSON v. C/TY OF SAN BERNARDlNO, et a[.
United States District Court Case No. EDCV 07-00028 VAP (CRx)
1. The CITY OF SAN BERNARDINO (hereinafter "CITY")and the law firm of ARIAS
& LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
'_'. A&L will be representing the following entities and persons in this litigation: CITY
OF SAN BERNARDIN'O and any designated employee of the CITY. A&L 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 Attomey's Office.
3. A&L shall be paid a[ the hourly rates set forth below:
Attorneys - $135.00 per hour; and,
Law Clerks/Paralegals - $60.00 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 on a monthly basis and no later than the 5'" 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.
A&L may include a single charge in an amount not to exceed four percent (4~/n) 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 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
professionals (not including court reporters) for purposes of defending the litigation. A&L 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.
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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 [he City
II 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 [he City Attorney's Office.
11. Any and all settlements shall require CITY approval. Request for settlement authority
i shall he made through the City Attorney's Office which shall obtain the necessary CITY approvals.
] 2. 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 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 Dismissal,
Satisfaction of Judgment, Release and any other final documents.
17. Either party may terminate this contract at will. A&L will continue to represent the
CITY on the terms and conditions in this Agreement until [he case and file are transferred to another
attorney.
18. A&L is an independent contractor as to the CITY.
19. A&L 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 A&L and all risks to such persons under this Agreement. A&L
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shall require its Vl'orkers Compensation carrier [o 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-
ownedvehicles. 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 maybe 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."
ARL 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 A&L commences performance
of sen~ices 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 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 primazy and non-contributing with any insurance or self-
insurance programs carried or administered by the CITY or other parties represented under this
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Agreement.
20. All communications and billings to the CITY are to be directed as follows:
Citv Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
Dated: , 2007 ARIAS & LOCKWOOD
Dated: , 2007
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
By: Joseph Arias
CITY OF SAN BERNARDINO
By: Patrick J. Moms, Mayor
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PROFESSIONAL SERVICES AGREEMENT
JAMIE JOHNSON v. CITY OF SAN BERNARDINO, et al.
United States District Court Case No. EDCV 07-00028 VAP (CRx)
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS
& LOCKWOOD (hereinafter "A&L") are the parties to this Agreement.
2. A&L will be representing the following entities and persons in this litigation: CITY
OF SAN BERNARDINO and any designated employee of the CITY. A&L 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. A&L shall be paid at the hourly rates set forth below:
Attorneys - $135.00 per hour; and,
Law Clerks/Pazalegals - $60.00 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 on a monthly basis and no later than the Ss' day of
each succeeding month.
5. The actual cost for filing fees, telephone chazges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
A&L may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
reimbursement for photocopying, telephone chazges, and postage.
6. If attorney's fees are chazged "portal to portal" (e.g., from office to court and 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
professionals (not including court reporters) for purposes of defending the litigation. A&L may, if
it chooses, pay the fees and chazges of such consultants and seek reimbursement from CITY on its
periodic statement, or it may forwazd 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
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8. Status reports will be submitted to CITY through the City Attomey'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
II included.
9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City
!I 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 Attomey's Office.
11. 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
Attomey's Office shall be notified immediately.
13. Only Joseph Arias of ARIAS & LOCKWOOD 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 Dismissal,
Satisfaction of Judgment, Release and any other final documents.
17. Either party may terminate this contract at will. A&L will continue to represent the
CITY on the terms and conditions in this Agreement until the case and file aze transfen•ed to another
attorney.
18. A&L is an independent contractor as to the CITY.
19. A&L shall maintain the following types of insurance with limits as shown:
a) Workers Compensation as required by the laws of the State of California,
includingEmploymentLiabilhy with $250,000 limits covering all persons providing
service on behalf of A&L and all risks to such persons under this Agreement. A&L
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shall require its Workers Compensation carrier to waive all rights of subrogation
against the CTI'Y and its officers and employees and any others for whom services
aze 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-
ownedvehicles. 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."
A&L 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
Attomey's Office, and shall maintain such insurance from the time A&L commences performance
of services hereunder until [he 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 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.
///
All policies required above are to be primary and non-contributing with any insurance or self-
insurance programs carried or administered by the CTfY or other parties represented under this
F:U20Ttiil.itigation Cases -Outside CounselUohnsonUohnson.PSA.wp~
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Agreement.
20. All communications and billings to the CITY are to be directed as follows:
Cityy Attorney's Office
CTI'Y OF SAN BERNARDINO
300 North "D" Street
San Bemazdino, CA 92418
Dated: , 2007 ARIAS & LOCKWOOD
Dated: , 2007
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
By: Joseph Arias
CTfY OF SAN BERNARDINO
By: Patrick J. Moms, Mayor
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