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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F.PENMAN Subject: Professional Services Agreement between the
City Attorney City of San Bernardino and the law firm of Arias &
Lockwood to represent the City and any designated
Dept: CITY ATTORNEY employee regarding the case Luisa Maravilla v.Deanna
Marie Crosby, Shawni Yvonne Ton-Loy, City of San
Date: January 22,2008 Bernardino, County of San Bernardino, Superior Court
Case No. CIVSS 707097
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt Resolution: That the Mayor and Common Council authorize and direct the City Manager
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
Luisa Maravilla v. Deanna Marie Crosby, Shawni Yvonne Ton-Loy, City of
San Bernardino, County of San Bernardino,Superior Court Case No.CIVSS
707097
ignature
Contact person: Richard Luczak Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes: p
Agenda Item No.
i l aa10
STAFF REPORT
Council Meeting Date: January 22, 2008
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 14, 2008
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 and any
designated employee in the case entitled Luisa Maravilla v.Deanna Marie Crosby,
Shawni Yvonne Ton-Loy, City of San Bernardino, County of San Bernardino, San
Bernardino Superior Court Case No. CIVSS 707097
The City of San Bernardino is currently involved in litigation with respect to an auto v.
pedestrian accident where the plaintiff,Luisa Maravilla,alleges the City of San Bernardino is liable
under a theory of dangerous condition of public property. Plaintiff alleges she was walking in a
marked cross-walk when she was hit by two different vehicles,unaffiliated with the City.
The Mayor and Common Council have approved retention of the law firm of Arias &
Lockwood to represent the City of San Bernardino regarding the case entitled Luisa Maravilla v.
Deanna Marie Crosby,Shawni Yvonne Ton-Loy, City of San Bernardino, County of San Bernardino,
San Bernardino Superior Court Case No. CIVSS 707097.
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 following floor motion be adopted authorizing
the Mayor to execute the Professional Services Agreement on behalf of the City of San Bernardino.
That the Mayor of the City of San Bernardino and Common Council authorize and direct the
City Manager of the City of San Bernardino 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 of
San Bernardino and any designated employee regarding the case entitled Luisa Maravilla v.Deanna
Marie Crosby, Shawni Yvonne Ton-Loy, City of San Bernardino, County of San Bernardino, San
Bernardino Superior Court Case No. CIVSS 707097
COPY
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE HIRING OF ARIAS & LOCKWOOD TO
3 REPRESENT THE CITY AND ANY DESIGNATED EMPLOYEE REGARDING THE
CASE ENTITLED LUISA MARA VILLA V, DEANNA MARIE CROSBY, SHAWNI
4 YVONNE TON-LOY, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
Superior Court Case No. CIVSS 707097
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6
OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
8
and directed to execute on behalf of said City a Professional Services Agreement between
9
Arias & Lockwood and the City of San Bernardino for legal services, a copy of which is
10
attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set
11
forth at length.
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SECTION 2. The authorization granted hereunder shall expire and be void and of no
13
further effect if the agreement is not executed by both parties and returned to the Office of the
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City Clerk within sixty (60) days following the effective date of the resolution.
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P'\L UCZAK`,CNILUvlaravillaWaravilla.Resolution.wpd
1
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE HIRING OF ARIAS & LOCKWOOD TO
3 REPRESENT THE CITY AND ANY DESIGNATED EMPLOYEE REGARDING THE
CASE ENTITLED LUISA MARA VILLA V. DEANNA MARIE CROSBY, SHAWNI
4 YVONNE TON-LO Y, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
Superior Court Case No. CIVSS 707097
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7
and Common Council of the City of San Bernardino at a meeting
8
thereof, held on the day of , 2008 by the following vote, to wit:
9
COUNCIL MEMBERS: AYES NAYS ABSTAIN - ABSENT
10
ESTRADA
11
12 BAXTER
BRINKER
13
DERRY
14
,,. KELLEY
15
JOHNSON
16
MCCAMMACK
17
18
19 Rachel G. Clark, City Clerk
20 The foregoing Resolution is hereby approved this day of ,
2008.
21
22
PATRICK J. MORRIS, Mayor
23 City of San Bernardino
24 Approved as to form:
25
By:
26 JAMES F. PENMAN
City Attorney
27
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P:\LUCZAK\CIVIL\Maravilla\Maravilla.Resolution.wpd
2
�I
I PROFESSIONAL SERVICES AGREEMENT
2 Luisa Maravilla vs. Deanna Marie Crosby, Shawni Yvonne Ton-Loy,
City of San Bernardino, County of San Bernardino
3 San Bernardino Superior Court Case No. CIVSS 707097
4 1. The CITY OF SAN BERNARDINO(hereinafter"CITY")and the law firm of ARIAS
5 & LOCKWOOD (hereinafter"A&L") are the parties to this Agreement.
6 2. A&L will be representing the following entities and persons in this litigation: CITY
7 OF SAN BERNARDINO and any designated employee of the CITY. A&L shall not represent any
8 client in any type of claim against the CITY without prior written approval to do so from the CITY
9 OF SAN BERNARDINO through the City Attorney's Office.
10 3. A&L shall be paid at the hourly rates set forth below:
11 Attorneys - $145.00 per hour; and,
12 Law Clerks/Paralegals - $70.00 per hour.
13 The amounts expended under this agreement for attorneys fees shall not exceed $25,000
14 without further approval of the Mayor and Common Council.
15 4. Bills shall be submitted at least on a monthly basis and no later than the 5`'' day of
16 each succeeding month.
17 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 A&L may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
20 reimbursement for photocopying, telephone charges, and postage.
21 6. If attorney's fees are charged"portal to portal"(e.g., from office to court and return),
22 then A&L shall not be entitled to reimbursement for mileage and parking fees.
23 7. A&L shall obtain approval from the CITY to retain expert consultants and other
24 professionals (not including court reporters) for purposes of defending the litigation. A&L may, if
25 it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on its
26 periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY pay
27 it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance
28
F:\L[JCZAK\CNIL\Maravilla\Maravilla.PSA.wpd EXHIBIT A
I Department.
2 8. Status reports will be submitted to CITY through the City Attorney's Office whenever
3 any significant event occurs, and in any event at least quarterly. Information sufficient to set
4 reserves, including,without limitation,potential liability exposure and percentage of fault shall be
5 included.
6 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the City
7 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this,
8 or other litigation.
9 10. Copies of any correspondence and other documents sent to any of the defendants in
10 this action shall also be provided to the CITY through the City Attorney's Office.
11 11. Any and all settlements shall require CITY approval. Request for settlement authority
12 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
13 12. In the event the settlement value of this case appears to exceed$50,000.00 the City
14 Attorney's Office shall be notified immediately.
15 13. Only Joseph Arias of ARIAS &LOCKWOOD or other senior attorney approved by
16 the City shall try this case.
17 14. No client development costs are to be included in billings.
18 15. No continuing education expenses are to be included in billings.
19 16. Final billing shall be accompanied by copies of the Request for Dismissal,
20 Satisfaction of Judgment, Release and any other final documents.
21 17. Either party may terminate this contract at will. A&L will continue to represent the
22 CITY on the terms and conditions in this Agreement until the case and file are transferred to another
23 attorney.
24 18. A&L is an independent contractor as to the CITY.
25 19. A&L shall maintain the following types of insurance with limits as shown:
26 a) Workers Compensation as required by the laws of the State of California,
27 including Employment Liability with$250,000 limits covering all persons providing
28
F:\LUCZAK\CNIL\Maravilla\MaraviIla.PSA.%pd EXHIBIT A
I service on behalf of A&L and all risks to such persons under this Agreement. A&L
2 shall require its Workers Compensation carrier to waive all rights of subrogation
3 against the CITY and its officers and employees and any others for whom services
4 are being provided under this Agreement.
5 b) Comprehensive General and Automobile Liability Insurance coverage to
6 include contractual coverage and automobile coverage for owned, hired and non-
7 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
8 for bodily injury and property damage.
9 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
10 In lieu of naming the CITY as an additional insured, the policy may be endorsed as
I 1 follows:
12 "Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
13 CITY OF SAN BERNARDINO for legal defense services,provided
such liability results from an error, omission or negligent act of the
14 insured, its officers, employees, agents, or subcontractors. All other
provisions of this policy are to remain unchanged."
15
16 A&L shall furnish certificates of insurance and certified copies of all policies and
17 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
18 to the commencement of performance of services hereunder, which certificates shall provide that
19 such insurance shall not be terminated or expire without thirty(30) days written notice to the City
20 Attorney's Office, and shall maintain such insurance from the time A&L commences performance
21 of services hereunder until the completion of such services.
22 All policies,with respect to the insurance coverage above required, except for the Workers
23 Compensation insurance coverage and professional liability coverage, if applicable, shall obtain
24 additional endorsements naming the CITY and all parties represented under this Agreement, their
25 employees, agents, volunteers and officers as additional named insured with respect to liabilities
26 arising out of the performance of services hereunder.
27
28
F:\LUCZAK\CIVIL\Maravilla\Maravilla.PSA.wpd EXHIBIT A
I All policies required above are to be primary and non-contributing with any insurance or self-
2 insurance programs carried or administered by the CITY or other parties represented under this
3 Agreement.
4 20. All communications and billings to the CITY are to be directed as follows:
5 City Attorney's Office
CITY OF SAN BERNARDINO
6 300 North "D" Street
San Bernardino, CA 92418
7
8 Dated: 12008 ARIAS &LOCKWOOD
9
10
By: Joseph Arias
11
12
13 Dated: 12008 CITY OF SAN BERNARDINO
14
15
By: Fred Wilson, City Manager
16
17
18
19 Approved as to form:
20
JAMES F. PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
F:\LUCZAK\CIVIL\Maravilla\Maravilla.PSA.wpd EXHIBIT A
i
I PROFESSIONAL SERVICES AGREEMENT
2 Luisa Maravilla vs. Deanna Marie Crosby, Shawni Yvonne Ton-Loy,
City of San Bernardino, County of San Bernardino
3 San Bernardino Superior Court Case No. CIVSS 707097
4 1. The CITY OF SAN BERNARDINO(hereinafter"CITY")and the law firm of ARIAS
5 & LOCKWOOD (hereinafter"A&L") are the parties to this Agreement.
6 2. A&L will be representing the following entities and persons in this litigation: CITY
7 OF SAN BERNARDINO and any designated employee of the CITY. A&L shall not represent any
8 client in any type of claim against the CITY without prior written approval to do so from the CITY
9 OF SAN BERNARDINO through the City Attorney's Office.
10 3. A&L shall be paid at the hourly rates set forth below:
11 Attorneys - $145.00 per hour; and,
12 Law Clerks/Paralegals - $70.00 per hour.
13 The amounts expended under this agreement for attorneys fees shall not exceed $25,000
14 without further approval of the Mayor and Common Council.
15 4. Bills shall be submitted at least on a monthly basis and no later than the 5`l' day of
16 each succeeding month.
17 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
18 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
19 A&L may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
20 reimbursement for photocopying, telephone charges, and postage.
21 6. If attorney's fees are charged"portal to portal"(e.g., from office to court and return),
22 then A&L shall not be entitled to reimbursement for mileage and parking fees.
23 7. A&L shall obtain approval from the CITY to retain expert consultants and other
24 professionals (not including court reporters) for purposes of defending the litigation. A&L may, if
25 it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on its
26 periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY pay
27 it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance
28 Department.
P:\L.UC ZAK\C I V I L\M arav i l l a\M aravi l l a.P S A."d
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 or other senior attorney approved by
15 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. A&L 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.
23 18. A&L is an independent contractor as to the CITY.
24 19. A&L shall maintain the following types of insurance with limits as shown:
25 a) Workers Compensation as required by the laws of the State of California,
26 including Employment Liabilitywith$250,000 limits covering all persons providing
27 service on behalf of A&L and all risks to such persons under this Agreement. A&L
28 shall require its Workers Compensation carrier to waive all rights of subrogation
P:\LUCZAK\CfVIL\Maravilla\MaTavilla.PSA.wpd
I against the CITY and its officers and employees and any others for whom services
2 are being provided under this Agreement.
3 b) Comprehensive General and Automobile Liability Insurance coverage to
4 include contractual coverage and automobile coverage for owned, hired and non-
5 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
6 for bodily injury and property damage.
7 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
8 In lieu of naming the CITY as an additional insured, the policy may be endorsed as
9 follows:
10 "Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
11 CITY OF SAN BERNARDINO for legal defense services,provided
such liability results from an error, omission or negligent act of the
12 insured, its officers, employees, agents, or subcontractors. All other
provisions of this policy are to remain unchanged."
13
14 A&L shall furnish certificates of insurance and certified copies of all policies and
15 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
16 to the commencement of performance of services hereunder, which certificates shall provide that
17 such insurance shall not be terminated or expire without thirty(30) days written notice to the City
18 Attorney's Office, and shall maintain such insurance from the time A&L commences performance
19 of services hereunder until the completion of such services.
20 All policies,with respect to the insurance coverage above required, except for the Workers
21 Compensation insurance coverage and professional liability coverage, if applicable, shall obtain
22 additional endorsements naming the CITY and all parties represented under this Agreement, their
23 employees, agents, volunteers and officers as additional named insured with respect to liabilities
24 arising out of the performance of services hereunder.
25
26
27
28
P:\LUCZAK\CNIL\Maravi lla\Maravi lla.PSA.wpd
I All policies required above are to be primary and non-contributing with any insurance or self-
2 insurance programs carried or administered by the CITY or other parties represented under this
3 Agreement.
4 20. All communications and billings to the CITY are to be directed as follows:
5 City Attorney's Office
CITY OF SAN BERNARDINO
6 300 North"D" Street
San Bernardino, CA 92418
7
8 Dated: 12008 ARIAS &LOCKWOOD
9
10
By: Joseph Arias
11
12
13 Dated: , 2008 CITY OF SAN BERNARDINO
14
15
By: Fred Wilson, City Manager
16
17
18
19 Approved as to form:
20
JAMES F. PENMAN,
21 City Attorney
22 />
By: � D
23
24
25
26
27
28
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