The URL can be used to link to this page

Home My WebLink About2002-013 . . 1 RESOLUTION NO. 2002-13 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 2001-330 AND AUTHORIZING THE EXECUTION 3 OF A REVISED PROFESSIONAL SERVICES AGREEMENT BETWEEN MUNDELL. ODLUM, & HAWS AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF 4 LA VON DWYER, et at. v. CITY OF SAN BERNARDINO, et al. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Resolution No. 2001-330, and the previous Professional Services 8 Agreement, which was attached as Exhibit "A" thereto, is hereby rescinded. 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 10 to execute on behalf of said City a revised Professional Services Agreement between Mundell, 11 Odium, & Haws and the City of San Bernardino for legal services. a copy of which is attached 12 hereto marked Exhibit n A n and incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 3. The authorization granted hereunder shall expire and be void and of no 15 further effect if the agreement is not executed by both parties and returned to the office of the City 16 Clerk within sixty (60) days following the effective date of the resolution. 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II RLS/ed [DWYERrev.RES] 2002-13 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 2001 -330 AND AUTHORIZING THE EXECUTION 2 OF A REVISED PROFESSIONAL SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM. & HAWS AND THE CITY OF SAN BERNARDINO TO REPRESENT THE CITY IN THE CASE OF 3 LA VON DWYER, et at. v. CITY OF SAN BERNARDINO, et at. 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 joint regular meetin 6 thereof, held on the 7 th day of , 2002, by the following vote, to wit January 7 COUNCIL MEMBERS: 8 9 ESTRADA 10 LIEN II MCGINNIS 12 SCHNETZ 13 SUAREZ 14 ANDERSON 15 MCCAMMACK 16 17 18 AYES NAYS ABSTAIN ABSENT x x x x x x x C2 h.~ ~Y CLERK 19 20 21 22 23 The foregoing Resolution is hereby approved this /0 7H d January ,2002. Approved as to form and 24 legal content: H V ALLES, Mayor f San Bernardino 25 JAMES F. PENMAN, City Attorney 26 27 By: L 7-.f!.~ 28 C RLS/ed [DWVER'ev.RES] 2 2002-13 1 PROFESSIONAL SERVICES AGREEMENT 2 Lavon Dwyer, et al. v. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCVSS 082249 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 4 MUNDELL, om ,: JM & HAWS (hereinafter "MO&H") are the parties to this Agreement. 5 2. MO&H will be representing the following entities in this litigation: CITY OF 6 7 SAN BERNARDINO. MO&H shall not represent any client in any type of claim against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the City 8 Attorney's Office. 9 lO 3. MO&H shall be paid at the hourly rates set forth below: Attorneys - $150.00 per hour; and, Law ClerkslParalegals - $65.00 per hour. II l2 The amounts expended under this agreement for attorneys fees shall not exceed 13 l4 $20,000 without further approval of the Mayor and Common Council. 4. Bills shall be submitted at least quarterly. l5 l6 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and relatt;d travel costs shall be itemized when submitted to the CITY for reimbursement. l7 l8 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 19 20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return), then MO&H shall not be entitled to reimbursement for mileage and parking fees. 7. MO&H shall obtain approval from the CITY to retain expert consultants and other professionals (not including court reporters) for purposes of defending the litigation. MO&H may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 2l 22 23 24 25 26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance Department. 8. S:atus reports will be submitted to CITY through the City Attorney's Office 27 28 RLS/js [DWYER.AGR] 1 2002-13 1 whenever any significant event occurs, and in any event at least quarterly. Information sufficient 2 to set reserves, including, without limitation, potential liability exposure and percentage of fault 3 shall be included. 4 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the 5 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys 6 in this, or other litigation. 7 10. Copies of any correspondence and other documents sent to any of the defendants 8 in this action shall also be provided to the CITY through the City Attorney's Office. 9 11. Any and all settlements shall require CITY approval. Request for settlement lO authority shall be made through the City Attorney's Office which shall obtain the necessary CITY II approvals. l2 12. In the event the settlement value of the case appears to exceed $50,000, the City 13 Attorney's Office shall be notified immediately. l4 13. Only James A. Odium of MUNDELL, ODLUM & HAWS or other senior attorney 15 approved by the CITY shall try this case. l6 14. No client development costs are to be included in billings. l7 15. No continuing education expenses are to be included in billings. l8 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. MO&H will continue to represent 2l the CITY on the terms and conditions in this Agreement until the case and file are transferred to 22 another attorney. 23 18. MO&H is an independent contractor as to the CITY. 24 19. MO&H shall maintain the following types of insurance with limits as shown: 25 a) Workers Compensation as required by the laws of the State 26 of California, including Employment Liability with $250,000 limits 27 covering all persons providing service on behalf of MO&H and all risks 28 to such persons under this Agreement. MO&H shall require its Workers RLS/js [DWVERAGR] 2 " 2002-13 1 Compensation carrier to waive all rights of subrogation against the CITY 2 and its officers and employees and any others for whom services are being 3 provided under this Agreement. 4 b) Comprehensive General and Automobile Liability 5 lnsuranc<~ coverage to include contractual coverage and automobile 6 coverage for owned, hired and non-owned vehicles. The policy shall have 7 at least a combined single limit of $1,000,000 for bodily injury and property damage. 8 9 c) Professional Liability Insurance with limits of at least lO $1,000,000 per claim. In lieu of naming the CITY as an additional 11 insured, the policy may be endorsed as follows: "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 defense 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." l2 13 l4 l5 MO&H shall furnish certificates of insurance and certified copies of all policies l6 and endorsemen'; 'L the City Attorney's Office evidencing the insurance coverage above required l7 prior to the commencement of performance of services hereunder, which certificates shall provide l8 19 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 MO&H commences 20 performance of services hereunder until the completion of such services. 2l 22 All policies, with respect to the insurance coverage above required, except for the 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 26 liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any 27 IDsurance or self-:!lsurance programs carried or administered by the CITY or other parties 28 RLS/js [DWYER.AGR] 3 ',' 2002-13 1 represented under this Agreement 2 20. All communications and billings to the CITY are to be directed as follows: 5 DATED: JGl.IA. l~ 2002 22 24 25 T' 3 4 6 7 8 9 lO DATED: JI\N 10 ,2002 II l2 13 l4 l5 l6 l7 l8 19 20 2 1 Approved as to form and legal content: JAMES F. PENMAN, 23 City Attorney 26 27 28 RLS/js [DWVER.AGR} 'J-l~ City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 MUNDELL, ODLUM & HAWS \0- By: Jam BERNARDINO 4