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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman
City Attorney
Subject: Professional Services Agreement
between the City of San Bernardino and the law firm of
Brunick, McElhaney & Beckett for legal services in the
claims of Miguel Vargas-Quiroz, Elsaline P. Garcia, and
Jaqueline Quiroz.
Dept: CITY ATTORNEY
Date: April 22, 2009
MIce Date: May 4, 2009
Synopsis of Previous Council Action:
On April 20, 2009, the Mayor and Common Council approved the retention of the law firm of Brunick,
McElhaney & Beckett for legal services in the claims of Miguel Vargas-Quiroz, Elsaline P. Garcia, and
J aqueline Quiroz
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 Brunick, McElhaney & Beckett be adopted.
Contact person: James F. Penman
-~
5255
Supporting data attached: StaffReDort
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
hs~
2009- I(){a
Agenda Item No. I ()
5,1.(,0'1
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STAFF REPORT
Council Meeting Date: May 4, 2009
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 23, 2009
Professional Services Agreement Between the City of San Bernardino and the
Law Firm of Brunick, McElhaney & Beckett for Legal Services in the Claims
of Miguel Vargas-Quiroz, Elsaline P. Garcia, and Jaqueline Quiroz
On April 20, 2009, the Mayor and Common Council approved the retention ofthe law firm
of Brunick, McElhaney & Beckett to represent the City of San Bernardino and its employees in the
claims filed by Miguel Vargas-Quiroz, Elsaline P. Garcia, and Jaqueline Quiroz,
Attached hereto is a Professional Services Agreement providing for the representation, with
a ceiling of$25,000 on attorneys' fees and a requirement of regular 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.
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1
RESOLUTION NO.
(C(Q)flf
2 RESOLUTION OF THE MA YORAND COM'\cION COUNCIL OF THE CITY OF
SAN 8ERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN BRUNICK, McELHANEY & BECKETT AND THE
CITY OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CLAIMS OF MIGUEL
4 V ARGAS-QUIROZ, ELSALINE GARCIA, AND JAQUELINE QUIROZ
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7 SECTION I. The Mayor ofthe City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Brunick, McElhaney
9 & Beckett and the City of San Bernardino for legal services, a copy of which is attached hereto
10 marked Exhibit "A" 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 ifthe 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.
14 /II
15 1/1
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19 /II
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24 /II
eo; //1
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26 1/1
27 /II
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN BRUNICK, McELHANEY & BECKETT AND THE CITY OF
SAN BERNARDINO FOR LEGAL SERVICES IN THE CLAIMS OF MIGUEL V ARGAS-
3 QUIROZ, ELSALINE GARCIA, AND JAQUELINE QUIROZ
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
,2009, by the following vote, to wit:
7 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
9 BAXTER
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
17
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2009.
18
19
20
21
PATRICK J. MORRIS, Mayor
City of San Bernardino
22
Approved as to form:
23
JAMES F. PENMAN,
City Attorney
24
25
Bcr1::f~
26
27
28
2
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1
PROFESSIONAL SERVICES AGREEMENT
MIGUEL VARGAS QUIROZ, et ai.v. CITY OF SAN BERNARDINO, et ai.
3
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
1.
4 BRUNICK, McELHANEY & BECKETT (hereinafter "BM&B") are the parties to this Agreement.
5
BM&B will be representing the following entities and persons in this litigation: CITY
2.
6 OF SAN BERNARDINO, and any other designated officer or employee of the CITY. BM&B shall
7 not represent any client in any type of claim against the CITY without prior written approval to do
8 so from the CITY OF SAN BERNARDINO through the City Attorney's Office.
9
3.
BM&B shall be paid at the hourly rates set forth below:
10 Attorneys - $145.00 per hour; and,
II Law Clerks/Paralegals - 570.00 per hour.
12 The amounts expended under this agreement for attorney fees shall not exceed
13 $25,000 without further approval of the Mayor and Common Council.
14
4.
Bills shall be submitted at least on a monthly basis and no later than the 5th day of
15 each succeeding month.
16
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 BM&B may include a single charge in an amount not to exceed four percent (4%) of attorney fees
19 in lieu of reimbursement for photocopying, telephone charges, and postage.
20
6.
If attorney fees are charged "portal to portal" (e.g., from office to court and return),
21 then BM&B shall not be entitled to reimbursement for mileage and parking fees.
22
7.
BM&B shall obtain approval from the CITY to retain expert witnesses, consultants,
23 and other professionals (not including court reporters) for purposes of the litigation. BM&B may,
24 ifit chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY
25 on its periodic statement, or it may forward the consultant's bill to the CITY with a request that the
26 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
27 CITY'S Finance Department.
28
8.
Status reports will be submitted to the CITY through the City Attorney's Office
I
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EXHIBIT "A"
whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
2 set reserves, including, without limitation, potential liability exposure and percentage offault, shall
3 be included.
4
9.
Copies of all opinions, pleadings, discovery and motions shall be provided to the City
5 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this
6 or other litigation.
7
10.
Copies of any correspondence and other documents sent to any of the parties in this
8 action shall also be provided to the CITY through the City Attorney's Office.
9
] 1.
Any and all settlements shall require CITY approval. Request for settlement authority
] 0 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
II
12.
In the event the settlement value of this case appears to exceed 550,000.00 the City
12 Attorney's Office shall be notified immediately.
13
13.
Only Raymond Dolen of BRUNICK, McELHANEY & BECKETT or another senior
14 attorney approved by the City shall conduct the trial of this case.
15
16
17
14.
No client development costs are to be included in billings.
IS.
No continuing education expenses are to be included in billings.
16.
Final billing shall be accompanied by copies of the Request for Dismissal,
18 Satisfaction of Judgment, Release and any other final documents.
19
17.
Either party may terminate this Agreement at will. BM&B will continue to represent
20 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
21 another attorney.
22
23
24
25
26
27
28
18.
BM&B is an independent contractor as to the CITY.
19.
BM&B 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 5250,000 limits covering all persons providing
service on behalf of BM&B and all risks to such persons under this Agreement.
BM&B shall require its Workers Compensation carrier to waive all rights of
subrogation against the CITY and its officers and employees and any others for
,
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EXHIBIT "A"
whom services are being provided under this Agreement.
2
b)
Comprehensive General and Automobile Liability Insurance coverage to
3
include contractual coverage and automobile coverage for owned. hired and non-
4
owned vehicles. The policy shall have at least a combined single limit ofS 1 ,000,000
5
for bodily injury and property damage.
6
Professional Liability Insurance with limits of at least S 1 ,000,000 per claim.
c)
7
In lieu of naming the CITY as an additional insured, the policy may be endorsed as
8
follows:
9
"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."
10
11
12
BM&B shall furnish certificates of insurance and certified copies of all policies and
13
14
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
15
to the commencement of performance of services hereunder, which certificates shall provide that
16
such insurance shall not be terminated or expire without thirty (30) days prior written notice to the
City Attorney's Office, and shall maintain such insurance from the time BM&B commences
17
18
performance of services hereunder until the completion of such services.
19
All policies, with respect to the insurance coverage above required, except for the
20
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
21
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
22
their employees, agents, volunteers and officers as additional named insureds with respect to
liabilities arising out of the performance of services hereunder.
23
24
All policies required above are to be primary and non-contributing with any insurance
25
policies or self-insurance programs carried or administered by the CITY or other parties represented
under this Agreement.
26
III
27
III
28
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EXHIBIT "A"
20.
2
3
4
5 Dated:
6
7
8
9
10 Dated:
II
12
13
14
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
,2009
BRUNICK, McELHANEY & BECKETT
By: Raymond Dolen
,2009
CITY OF SAN BERc"'lARDINO
By: Patrick J. Morris, Mayor
28
4
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EXHIBIT "A"