Loading...
HomeMy WebLinkAbout09-City Attorney f"'" ! ." " r , I ;; ;:. ' . ,~ .d ~.jl\i ~i'\lt"\i_ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Resolution ofthe 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 for Legal Services in the Case of Jamora Allen, et at v. City of San Bernardino, et al. Dept: CITY ATTORNEY Date: September 18, 2008 Synopsis of Previous Council Action: September 15, 2008 - 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 Jamora Allen, et at. v. City of San Bernardino, et at. Recommended motion: Adopt Resolution Signature Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Reoort Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: J1so 2oo'?-.:3 75 Agenda Item No. q /P.(rOf!J STAFF REPORT Council Meeting Date: September 2, 2008 TO: FROM: DATE: AGENDA: Mayor and Common Council James F. Penman, City Attorney September 23, 2008 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 for Legal Services in the Case of Jamora Allen, et at. v. City of San Bernardino, et al. On September 15, 2008, the Mayor and Common Council approved the retention of the law firm of Arias & Lockwood to represent the City of San Bernardino, Officer Adam Affrunti; and Officer Chris Gray in the case entitled Jamora Allen, et al. v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVSS 805915. Attached hereto is a Professional Services Agreement providing for the representation, with a ceiling of $25,000.00 on attorneys fees and a requirement ofregular status reports. It is requested by the City Attorney that the proposed resolution be adopted, authorizing the Mayor to execute the Professional Services Agreement on behalf of the City of San Bernardino. Recommendation: Adopt Resolution. F:\ROTH\Litigation Cases - Outside Counsel\Allen,Jamora\JAllen.OutsideCounsel.StaffRpt.wpd 0'(/:;,' ~\Ujti :::;../ L.l 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERlIi'ARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 3 AGREEMENT BETWEEN ARIAS & LOCKWOOD AND THE CITY OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CASE OF JAMORA ALLEN, et aL v. CITY OF SAN 4 BERNARDINO, et aL, SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSS 805915 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 7 8 to execute on behalf of said City a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Jamora Allen. et al v. City of San 9 Bernardino. el ai, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by 10 11 reference as fully as though set forth at length. SECTION 2. The authorization granted by this Resolution 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 Clerk within sixty (60) days following the effective date of this Resolution. 12 13 14 11/ 15 11/ 16 /11 17 11/ // 18 11/ 19 /11 20 11/ 21 11/ 22 /11 23 11/ 24 11/ 25 11/ 26 11/ 27 11/ 28 F:\ROTH\Litigation Cases - Outside Counsel\AlIen.1amora\JAllen.OulsideCounsel.Res.wpd 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 JAMORA ALLEN, et aL v. CITY OF SAN 3 BERNARDINO, et aL, SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSS 805915 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 _day 6 of , 2008, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 17 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk The foregoing Resolution is hereby approved this _ day of // ,2008. 18 19 20 PATRICKJ. MORRIS, Mayor 21 City of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 25 26 27 28 F:\ROTH\Litigation Cases - Outside r msel\Allen,JamoraVAllen.OutsideCounsel.Res,wpd PROFESSIONAL SERVICES AGREEMENT 2 Jamora Allen and Jarriel Dashawn Allen, Jr., through their Guardian Ad Litem Keyondra Marshall, Sherry Watson, Individually and as representative of the 3 estate of Jarriel Dashawn Allen, and Jerry Allen v. City of San Bernardino, Officer Adam Affrunti, Officer Chris Gray 4 San Bernardino Superior Court Case No. CIVSS 805915 5 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of ARIAS 6 & LOCKWOOD (hereinafter "A&L") are the parties to this Agreement. 7 2. A&L will represent the following entities and persons in Jamora Allen, et al v. City 8 of San Bernardino, et ai, San Bernardino Superior Court Case No. CIVSS 805915: CITY OF SAN 9 BERNARDINO, OFFICER ADAM AFFRUNTI and OFFICER CHRIS GRAY, and any other 10 designated officer or employee of the CITY who may later be named. A&L shall not represent any II client in any type of claim against the CITY without prior written approval to do so from the CITY 12 OF SAN BERNARDINO through the City Attorney's Office. 13 14 15 16 17 3. A&L shall be paid at the hourly rates set forth below: Attorneys - $145.00 per hour; and, Law ClerkslParalegals - $70.00 per hour. The amounts expended under this agreement for attorney fees shall not exceed $25,000 without further approval of the Mayor and Common Council. ~. 18 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of 19 each succeeding month. 20 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 21 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 22 A&L may include a single charge in an amount not to exceed four percent (4%) of attorney fees in 23 lieu of reimbursement for photocopying, telephone charges, and postage. 24 6. If attorney fees are charged "portal to portal" (e.g., from office to court and return), 25 then A&L shall not be entitled to reimbursement for mileage and parking fees. 26 7. A&L shall obtain approval from the CITY to retain expert witnesses, consultants, and 27 other professionals (not including court reporters) for purposes of the litigation. A&L may, if it 28 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its F:\ROnN.itigation Cases - Outside Counsel\Al1en,JamoraIJAllen,ProfelsionaISvcs.Agreement.wpd periodic statement, or it may fOIWard the consultant's bill to the CITY with a request that the CITY 2 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S 3 Finance Department. 4 8. Status reports will be submitted to the CITY through the City Attorney's Office 5 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to 6 set reserves, including, without limitation, potential liability exposure and percentage of fault, shall 7 be included. A&L shall comply with all reporting requirements of BICEP, if applicable. 8 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City 9 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this 10 or other litigation. II 10. Copies of any correspondence and other documents sent to any of the parties in this 12 action shall also be provided to the CITY through the City Attorney's Office. 13 II. Any and all settlements shall require CITY approval. Request for settlement authority 14 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. IS In the event the settlement value of this case appears to exceed $50,000.00 the City 12. 16 Attorney's Office shall be notified immediately. 17 13. Only Joseph Arias of ARIAS & LOCKWOOD or another senior attorney approved // 18 by the City shall conduct the trial of this case. 19 No client development costs are to be included in billings. 14. 20 21 No continuing education expenses are to be included in billings. IS. 16. Final billing shall be accompanied by copies of the Request for Dismissal, 22 Satisfaction of Judgment, Release and any other final documents. 23 Either party may terminate this Agreement at will. A&L will continue to represent 17. 24 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 25 another attorney. 26 18. A&L is an independent contractor as to the CITY. 27 A&L shall maintain the following types of insurance with limits as shown: 19. 28 Workers Compensation as required by the laws of the State of California, a) F:\ROTH\Litigation Cases - Outside Counsel\Allen,Jamora'JAllen.Profe4ionaISvcs.Agreement.""Pd 1 including Employment Liability with $250,000 limits covering all persons providing 2 3 service on behalf of A&L and all risks to such persons under this Agreement. A&L shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services 4 5 are being provided under this Agreement. 6 b) Comprehensive General and Automobile Liability Insurance coverage to 7 include contractual coverage and automobile coverage for owned, hired and non- 8 9 owned vehicles. The policy shall have at least a combined single limit of$l ,000,000 for bodily injury and property damage. 10 c) Professional Liability Insurance with limits of at least $1,000,000 per claim. 11 In lieu of naming the CITY as an additional insured, the policy may be endorsed as 12 follows: 13 "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 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." 14 15 16 17 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 18 19 20 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 21 22 of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insureds with respect to 26 liabilities arising out of the performance of services hereunder. 27 All policies required above are to be primary and non-contributing with any insurance 28 F:\ROTH\Litigation Cases - Outside Counsel\Allen,JamoraVAllen.Prof~ionalSvcs.Agreement.wpd I policies or self-insurance programs carried or administered by the CITY or other parties represented 2 under this Agreement. 3 20. 4 5 6 7 Dated: 8 9 10 II 12 Dated: 13 14 15 16 17 All communications and billings to the CITY are to be directed as follows: City Attorney's Office CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418 ,2008 ARIAS & LOCKWOOD By: Joseph Arias ,2008 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor 18 Approved as to form: // 19 JAMES F. PENMAN, 20 City Attorney 21 .r~ By: 22 / 23 i , I / J 24 25 26 27 28 F:\ROnNjtigation Cases - Outside Counsel\Allen,JamoraIJAllen.Profe4ionalSvcs.Agreement.wpd