Loading...
HomeMy WebLinkAbout28- City Attorney CITY OF SAN BERNr IDINO - REQUEST Frl COUNCIL ACTION From: Richard J. Morillo Subject: Resolution of the Mayor and Ccn=n Council . . . Authorizing the execution of an Agreement for Dept: CITY ATTORNEY Legal Services ;Se ween the City of San Bernardino and the Law Firm of -14acLachlan, Burford & Arias Date: March 23, 1995 Synopsis of Previous Council action: In 1992 Council retained the firm of MacLachlan, Burford & Arias to defend the Armendariz litigation. Recently BICEP, the City' s excess insurance carrier, has asked that the terms of the firm' s employment be reduced to writing . The attached agreement fulfills this request. Recommended motion: LIZ i Adopt resolution. Signature Contact person: Richard J. Morillo Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: �d 75-0262 _ Agenda Item No. C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Ri d Morillo Sr. sistant City Attorney DATE: April 3, 1995 RE: Agreement for Legal Services with MacLachlan, Burford & Arias (Agenda Item No. 28) E During the Mayor and Council ' s consideration of the above item i this morning, a question was asked about the terms of the existing agreement between the City and MacLachlan, Burford and Arias ( "MBA" ) relative to legal services rendered by the firm in the Armendariz/Guardian Bank litigation. The existing agreement may be summarized as follows: -- The firm has been engaged to represent all defendants in the litigation except former Mayor Holcomb, for whom separate counsel has been retained. -- The hourly rate for attorneys is $125.00, and the { hourly rate for law clerks and paralegals is $50.00. The firm is entitled to reasonable reimbursement for expenses such as filing fees, telephone charges, deposition costs, etc. MBA must obtain City approval before hiring experts to assist it in the case. Billing for such services is either by way of a request for reimbursement or by forwarding the expert' s statement to the City (in the manner directed by the Director of Finance) . -- MBA is to keep the City Attorneys' Office advised of the status of the case, as well as forward copies of significant correspondence, pleadings and court rulings. i -- MBA cannot settle the case without City approval. -- Joseph Arias is to be trial counsel . -- The agreement is terminable at will . On April 6, 1992, the Mayor and Council hired MBA to defend the Armendariz case, with the express understanding that the hourly rate for attorneys would be $125.00. On September 21, 1992, the Mayor and Council retained the firm in the Guardian Bank matter, at the same hourly rate. The remainder of the above-listed terms as well as all others set forth in the proposed agreement were implicit in the nature of the matter, based upon past agreements ,Z 2 j TO: Mayor and Common Council FROM: Richard J. Morillo, Sr. Assistant City Attorney DATE: April 3, 1995 RE: Agreement for Legal Services with MacLachlan, Burford & Arias (Agenda Item No. 28) for outside counsel services. The one exception in the proposed agreement is paragraph 12, which is unique only because in no other case has the City had a matter where the self-insured retention has been exhausted. (Nonetheless, MBA has in fact billed BICEP first since exhaustion of the SIR, though not legally obligated to do so. ) It is noted that Business and Professions Code §6148, which governs written fee agreements between attorneys and clients, has never required that there be a written agreement between the City and MBA, in that the statute exempts fee arrangements "implied by the fact that the attorney' s services are of the same general kind as previously rendered to and paid for by the client, " as well as when "the client is a corporation" (including a municipal corporation) . Please let me know if you have any questions. I cc: James F. Penman