HomeMy WebLinkAbout08-City Attorney 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 of San Bernardino in the
Dept: CITY ATTORNEY case of Dennis Jackson et al v. City of San Bernardino,
et al.
Date: April 21, 2008
Synopsis of Previous Council Action:
On April 7, 2008, the Mayor and Common Council approved the retention of the law firm of Arias &
Lockwood to represent the City of San Bernardino in the case of Dennis Jackson et al v. City of San
Bernardino, et al.
Recommended motion:
That the accompanying resolution,authorizing the execution of a Professional Services Agreement between
the City of San Bernardino and the law firm of Arias&Lockwood,be adopted.
A&"
Signatur
Contact person: James F. Penman Phone: 5255
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
SU c,2008— / 8
Agenda Item No.
Y d.l 6 9
F:\SIMMONS\Jackson\Jackson.RCA.wpd
STAFF REPORT
Council Meeting Date: April 21, 2008
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: April 21, 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 in the case of Dennis Jackson et al v.
City of San Bernardino, et aL, San Bernardino County Superior
Court Case No. CIVSS 80ID797
On April 7, 2008, the Mayor and Common Council approved the retention of the law
firm of Arias & Lockwood to represent the City of San Bernardino in the case entitled
Dennis Jackson et al v. City of San Bernardino, et al., San Bernardino County Superior
Court Case No. CIVSS 800797.
Attached hereto is a Professional Services Agreement providing for the representation,
with a ceiling of$25,000.00 on attorneys fees and a requirement of regular status reports.
It is requested by the Mayor that the floor motion be adopted so that the City
Manager is authorized to execute the 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 of San Bernardino in the case of
Dennis Jackson et al v. City of San Bernardino, et al., San Bernardino County Superior
Court Case No. CIVSS 800797.
F AS IMMONS\Jackson\Staff.Report.wpd
COPY
1 RESOLUTION NO.
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 AND THE CITY OF SAN
BERNARDINO FOR LEGAL SERVICES IN THE CASE OF DENNIS JACKSON, et al., v.
4 CITY OF SAN BERNARDINO, et aL, SAN BERNARDINO SUPERIOR COURT CASE NO.
CIVSS 800797
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 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 and
9 the City of San Bernardino for legal services,a copy of which is attached hereto marked Exhibit"A"
lo and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization granted by this Resolution shall expire and be void and
12 of no 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 this Resolution.
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F:SWMONSVackson\Outside Counsel.Res.wpd
0
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN
BERNARDINO FOR LEGAL SERVICES IN THE CASE OF DENNIS JACKSON, et al., v.
3 CITY OF SAN BERNARDINO, et al., SAN BERNARDINO SUPERIOR COURT CASE NO.
CIVSS 800797
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 meeting thereof, held on the
6
day of , 2008, by the following vote, to wit:
7
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
BAXTER
10
BRINKER
11
DERRY
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
Rachel Clark, City Clerk
17
18 The foregoing Resolution is hereby approved this_day of , 2008.
19
20
21 PATRICK J. MORRIS, Mayor
City of San Bernardino
22
Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
B id
Y.
26
27
28
2
Exhibit "A"
1 PROFESSIONAL SERVICES AGREEMENT
2 DENNIS JACKSON et.aL,v. CITY OF SAN BERNARDINO, et al.
SUPERIOR COURT COUNTY OF SAN BERNARDINO
3 CASE NO. CIVSS 800797
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 officer or employee of the CITY. • A&L shall not
8
represent any client in any type of claim against the CITY without prior written approval to do so
9
from the CITY 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 attorney fees shall not exceed
14
$25,000 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 attorney fees in
20
lieu of reimbursement for photocopying,telephone charges, and postage.
21
6. If attorney 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 witnesses,consultants,and
24
other professionals (not including court reporters) for purposes of the litigation. A&L may, if it
25
chooses,pay the fees and charges of such consultants and seek reimbursement from the CITY on its
26
periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY
27
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
28
Exhibit "A"
1 Finance Department.
2 8. Status reports will be submitted to the CITY through the City Attorney's Office
3 whenever any significant event occurs,and in any event at least quarterly. Information sufficient to
4 set reserves,including,without limitation,potential liability exposure and percentage of fault, shall
5 be included.
I
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 parties in this
10 action shall also be provided to the CITY through the City Attorney's Office.
I
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 another senior attorney approved
16 by the City shall conduct the trial of 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 Agreement at will. A&L will continue to represent
22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
23 another 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 service on behalf of A&L and all risks to such persons under this Agreement. A&L
Exhibit "A"
I shall require its Workers Compensation carrier to waive all rights of subrogation
2 against the CITY and its officers and employees and any others for whom services
3 are being provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance coverage to
5 include contractual coverage and automobile coverage for owned, hired and non-
6 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
7 for bodily injury and property damage.
8 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
9 In lieu of naming the CITY as an additional insured, the policy may be endorsed as
10 follows:
I I "Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
12 CITY OF SAN BERNARDINO for legal services, provided such
liability results from an error, omission or negligent act of the
13 insured, its officers, employees, agents,or subcontractors. All other
14 provisions of this policy are to remain unchanged."
15 A&L shall furnish certificates of insurance and certified copies of all policies and
16 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
17 to the commencement of performance of services hereunder, which certificates shall provide that
18 such insurance shall not be terminated or expire without thirty(30) days written notice to the City
19 Attorney's Office, and shall maintain such insurance from the time A&L commences performance
20 of services hereunder until the completion of such services.
21 All policies, with respect to the insurance coverage above required, except for the
22 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
23 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
24 their employees, agents, volunteers and officers as additional named insured with respect to
25 liabilities arising out of the performance of services hereunder.
26
27
28 ///
Exhibit "A"
2
3 All policies required above are to be primary and non-contributing with any insurance
4 policies or self-insurance programs carried or administered by the CITY or other parties represented
5 under this Agreement.
6 20. All communications and billings to the CITY are to be directed as follows:
7 City Attorney's Office
CITY OF SAN BERNARDINO
8 300 North"D" Street
San Bernardino, CA 92418
9
10 Dated: , 2008 ARIAS & LOCKWOOD
11
12
13 By: Joseph Arias
14
15 Dated: , 2008 CITY OF SAN BERNARDINO
16
17
18 By: Patrick J. Morris, Mayor
19
20
21 Approved as to form:
22
JAMES F. PENMAN,
23 City Attorney
24
By:
25
26
27
28
I PROFESSIONAL SERVICES AGREEMENT
2 DENNIS JACKSON et.aL,v. CITY OF SAN BERNARDINO, et al.
SUPERIOR COURT COUNTY OF SAN BERNARDINO
3 CASE NO. CIVSS 800797
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 officer or employee of the CITY. A&L shall not
8
represent any client in any type of claim against the CITY without prior written approval to do so
9
from the CITY 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 attorney fees shall not exceed
14
$25,000 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 attorney fees in
20
lieu of reimbursement for photocopying, telephone charges, and postage.
21
6. If attorney 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 witnesses,consultants,and
24
other professionals (not including court reporters) for purposes of the litigation. A&L may, if it
25
chooses,pay the fees and charges of such consultants and seek reimbursement from the CITY on its
r, 26
periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY
27
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
28
j I Finance Department.
2 8. Status reports will be submitted to the CITY through the City Attorney's Office
3 whenever any significant event occurs,and in any event at least quarterly. Information sufficient to
4 set reserves,including,without limitation,potential liability exposure and percentage of fault, shall
5 be 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 parties in this
10 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 another senior attorney approved
16 by the City shall conduct the trial of 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 Agreement at will. A&L will continue to represent
22 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
23 another 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 service on behalf of A&L and all risks to such persons under this Agreement. A&L
I shall require its Workers Compensation carrier to waive all rights of subrogation
2 against the CITY and its officers and employees and any others for whom services
3 are being provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance coverage to
5 include contractual coverage and automobile coverage for owned, hired and non-
6 owned vehicles. The policy shall have at least a combined single limit of$1,000,000
7 for bodily injury and property damage.
8 c) Professional Liability Insurance with limits of at least$1,000,000 per claim.
9 In lieu of naming the CITY as an additional insured, the policy may be endorsed as
10 follows:
11 "Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
12 CITY OF SAN BERNARDINO for legal services, provided such
liability results from an error, omission or negligent act of the
13 insured, its officers, employees, agents, or subcontractors. All other
14 provisions of this policy are to remain unchanged."
15 A&L shall furnish certificates of insurance and certified copies of all policies and
16 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
17 to the commencement of performance of services hereunder, which certificates shall provide that
18 such insurance shall not be terminated or expire without thirty(30) days written notice to the City
19 Attorney's Office, and shall maintain such insurance from the time A&L commences performance
20 of services hereunder until the completion of such services.
21 All policies, with respect to the insurance coverage above required, except for the
22 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
23 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
24 their employees, agents, volunteers and officers as additional named insured with respect to
25 liabilities arising out of the performance of services hereunder.
26 Ill
27
28 ///
or
2
3 All policies required above are to be primary and non-contributing with any insurance
4 policies or self-insurance programs carried or administered by the CITY or other parties represented
5 under this Agreement.
6 20. All communications and billings to the CITY are to be directed as follows:
7 City Attorney's Office
CITY OF SAN BERNARDINO
8 300 North"D" Street
San Bernardino, CA 92418
9
10 Dated: , 2008 ARIAS & LOCKWOOD
11
12
By: Joseph Arias
13
14
15 Dated: 32008 CITY OF SAN BERNARDINO
16
17
18 By: Patrick J. Morris, Mayor
19
20
21 Approved as to form:
22
JAMES F. PENMAN,
23 City Attorney
24
By: '
25
26
27
28