HomeMy WebLinkAbout2002-227
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RESOLUTION NO. 2002-227
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY
OF SAN BERNARDINO TO REPRESENT THE CITY AND DESIGNATED CITY
4 DEPARTMENTS, IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A
SPECIFIED DISCIPLINARY ACTION.
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6
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City a Professional Services Agreement between Mundell, OdIum &
Haws for legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder 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 the resolution.
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RLS/js [VANROSSUM.RESI
2002-227
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY
OF SAN BERNARDINO TO REPRESENT THE CITY AND DESIGNATED CITY
3 DEPARTMENTS, IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A
SPECIFIED DISCIPLINARY ACTION.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meetin
, 2002, by the following vote, to wit
ABSTAIN ABSENT
.,JD,ndJr(A..;~!Ljf)O) rlOfifutz.
CITY CL RK 0
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19
20
21
July
22 Approved as to form and
legal content:
The foregoing Resolution is hereby approved this
,2002.
~
VALLES, Mayor
of San Bernardino
23
JAMES F. PENMAN,
24 City Attorney
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RI.S/js IV ANROSSlJM.RFS]
2
2002-227
1
PROFESSIONAL SERVICES AGREEMENT
2
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 MUNDELL. ODLUM & HAWS ("M,O&H") are the parties to this Agreement.
4
2.
M,O&H will be representing the CITY, specifically the San Bernardino Police
5 Department, in all administrative and/or judicial proceedings in regard to, or arising out of the
6 disciplinary action against Ronald Van Rossum. M,O&H shall not represent any client in any type
7 of claim against the CITY without prior written approval to do so from the CITY OF SAN
8 BERNARDINO through the City Attorney's Office.
9
,
o.
M,O&H shall be paid at the hourly rates set forth below:
10 Attorneys - $150.00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts ex~ended under this agreement for attorneys fees shall not exceed
13 $30,000 without further approval of the Mayor and Common Council.
14
4.
Bills shall be submitted at least quarterly.
15
5
The actual cost for filing fees. telephone charges, photocopying, postage, lodging,
16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
17 M,O&H may include a single charge in an amount not to exceed four percent (4%) offees in lieu
18 of reimbursement for photocopying. telephone charges, and postage.
19
6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and
20 return), then M,O&H shall not be entitled to reimbursement for mileage and parking fees.
21
7.
M,O&l-I shall obtain approval trom the CITY to retain expert consultants and other
22 professionals (not including court reporters) for purposes of representing the San Bernardino Police
23 Depar1ment in this matter. M,O&H may, if it chooses, pay the fees and charges of such consultants
24 and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's
25 bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY
26 directly without prior approval of the CITY'S Finance Department.
27
8.
Counsel will prepare status reports when appropriate.
28 / / /
RLS;,d [V ANROS.AGR]
1
Exhibit "A"
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2002-227
1
9.
Copies of all opinions, pleadings, discovery and motions shall be provided to the
2 City Attorney's Ot1lce which may reproduce same and provide copies to other parties or attorneys
3 in this, or other litigation.
4 10. Copies of any correspondence and other documents sent to any of the dcfendants
5 in this action shall also be providcd to the CITY through the City Attorney's Office.
6 II. Any and all settlements shall require CITY approval. Request for settlement
7 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
8 approvals.
9 12. Only James D. Odium of MUNDELL, ODLUM & HA WS or other senior attorney
10 approved by the CITY shall handle this case.
11 13. No client development costs are to be included in billings.
12 14. No continuing education expenses are to be included in billings.
13 15. Either pm1y may terminate this contract at will. M,O&H will continue to represent
14 thc CITY on the terms and conditions in this Agreement until the case and file are transferrcd to
15 another attorney.
16 16. M.O&H is an independent contractor as to the CITY.
17 17. M,O&H shall maintain the following types of insurance with limits as shown:
18 a) Workers Compensation as required by the laws of the State
19 of California, including Employment Liability with $250,000 limits
20 covering all persons providing service on behalf ofM,O&H and all risks
21 to such persons under this Agreement. M,O&H shall require its Workers
22 Compensation carrier to waive all rights of subrogation against the CITY
23 and its ot1icers and employees and any others for whom services are being
24 provided under this Agreement.
25 b) Comprehensive General and Automobile Liability
26 Insurance coverage to include contractual coverage and automobile
27 coverage for owned, hired and non-owned vehicles. The policy shall have
28 at least a combined single limit of $1,000,000 for bodily injury and
RLS/," [VANROS.AGR] 2
Exhibit "A"
2002-227
1
property damage.
2
c)
Professional Liability Insurance with limits of at least
3 $1.000.000 per claim. In lieu of naming the CITY as an additional
4 insured. the policy may be endorsed as follows:
5 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
6 Agreement with the CITY OF SAN BERNARDINO for
legal defense serviees, provided such liability results from
7 an error. omission or negligent act of the insured, its
officers. employees, agents or subcontractors. All other
8 provisions of this policy are to remain unchanged."
9 M,O&H shall furnish certificatcs of insurance and certified copies of all policies
10 and cndorsements to the City Attorncy's OtIice evidencing the insurance coverage above required
11 prior to the commencement of perfonnance of services hereunder, which certificates shall provide
12 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
13 City Attorney's Office, and shall maintain such insurance from the time M,O&H commences
14 performance of services hereunder until the completion of such services.
15 All policies, with respect to the insurance coverage above required, except for the
16 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
17 obtain additional endorsemcnts naming thc CITY and all parties represented under this Agrccment,
18 their employees. agents, volunteers and officers as additional named insured with respect to
19 liabilities arising out of the performance of services hereunder,
20 All policies required above are to be primary and non-contributing with any
21 Insurance or self-insurance programs carried or administered by the CITY or other parties
22 represented under this Agreement.
23 I I I
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25 III
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RLS/ed IV ANROS.AGRl
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Exhibit "A"
2002-227
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20. \ All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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DA TED:
,2002
MUNDELL, ODLUM & HA WS
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By: James OdIum
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DATED:
,2002
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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19 Approved as to Form and
legal content:
20
JAMES F. PENMAN,
21 City Attorney
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RLS/ed IV ANROS.AGR]
4
Exhibit "A"
1
2
2002-227
PROFESSIONAL SERVICES AGREEMENT
1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law finn of
3 MUNDELL, ODLUM & HA WS ("M,O&H") arc the parties to this Agrcement.
4
2.
M,O&H will be rcpresenting the CITY. specifically the San Bernardino Police
5 Departmcnt, in all administrative andlor judicial procecdings in regard to, or arising out oC thc
6 disciplinary action against Ronald Van Rossum. M,O&lT shall not rcprcscnt any clicnt in any type
7 of claim against the CITY without prior written approval to do so from the CITY OF SAN
8 BERNARDINO through thc City Attorney's Office.
9
o
~.
M,O&H shall be paid at the hourly rates set forth below:
10 Attorneys - $150.00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts cxpended under this agreernent for attorneys fees shall not cxceed
13 $30,000 without further approval of the Mayor and Common Council.
14
15
4.
5.
Bills shall be submitted at least quartcrly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
16 mileage and related travel costs shall be itemized when submitted to the CITY for rcimbursement.
17 M,O&H may include a single charge in an amount not to exceed four percent (4%) offecs in lieu
18 of reirnbursement for photocopying, telephone charges, and postage.
19
6.
If attorney's fccs are charged "portal to portal" (c.g., from otTice to court and
20 return), then M,O&H shall not be entitled to rcimbursernent for mileage and parking fces.
21
7.
M,O&H shall obtain approval from the CITY to retain expert consultants and other
22 profcssionals (not including court reporters) for purposes of reprcscnting the San Bernardino Police
23 Department in this matter. M,O&H may, if it chooses, pay the fees and charges of such consultants
24 and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's
25 bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY
26 directly without prior approval of the CITY'S Finance Department.
27
28 III
RI.S/cd IV ANROS.AGR[
8.
Counsel will prepare status reports when appropriate.
1
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2002-227
1 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
2 City Attorney's Office which rnay reproduce same and provide copies to other parties or attorncys
3 in this, or other litigation.
4 10. Copies of any correspondence and other documents sent to any of the defendants
5 in this action shall also be provided to the CITY through the City Attorney's Office.
6 II. Any and all settlernents shall require CITY approval. Request for settlement
7 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
8 approvals.
9 12. Only .lames D. OdIum of MUNDELL, ODLUM & HA WS or other senior attorney
10 approved by the CITY shall handle this case.
11 13. No client development costs are to be included in billings.
12 14. No continuing education expenses are to be included in billings.
13 15. Eitherpat1y may terminate this contract at will. M,O&H will continue to represent
14 the CITY on the terms and conditions in this Agreement until the ease and file are transferred to
15 another attorney.
16 16. M,O&H is an independent contractor as to the CITY.
17 17. M,O&H shall maintain the following types of insurance with limits as shown:
18 a) Workers Compensation as required by the laws of the State
19 of California, including Employment Liability with $250,000 limits
20 covering all persons providing service on behalf of M,O&H and all risks
21 to such persons under this Agreement. M,O&H shall require its Workers
22 Compensation carrier to waive all rights of subrogation against the CITY
23 and its otlicers and employees and any others for whom services are being
24 provided under this Agreement.
25 b) Comprehensive General and Automobile Liability
26 Insurance coverage to include contractual coverage and automobile
27 coverage for owned, hired and non-owned vehicles. The policy shall have
28 at least a combined single limit of $1,000,000 for bodily injury and
RLS/ed [V ANROSAGRj 2
2002-227
1
property damage.
2
c)
Professional Liability Insurance with lirnits of at least
3 $1,000,000 per claim. In lieu or naming the CITY as an additional
4 insured, the policy may be endorscd as follows:
5 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the
6 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
7 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
8 provisions of this policy are to remain unchanged."
9 M,O&H shall furnish certificates of insurance and certified copies of all policies
10 and endorsements to the City Attorney's Of lice evidencing thc insurance coverage above required
11 prior to the commencement of performancc of services hereunder, which certificates shall provide
12 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
13 City Attorney's Office, and shall maintain such insurance from the time M,O&H commences
14 performance of services hereunder until the completion of such services.
15 All policies, with respect to the insurance coverage above required, except for the
16 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
17 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
18 their employces, agents, volunteers and officcrs as additional named insured with respect to
19 liabilities arising out of the performancc of services hereunder.
20 All policies required above are to be primary and non-contributing with any
21 msurancc or self-insurance programs carried or administercd by the CITY or othcr parties
22 represented under this Agreement.
23 I I I
24 III
25 I I I
26 I I I
27 I I I
28 I I I
RLS;ed [V ANROS.AGR]
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1
20.
All cornrnunications and billings to the CITY are to be directed as follows:
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DA TEO, '61 ~ _, 2002
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DATED: 7 11'7 ,2002
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17
18
19 Approved as to Form and
legal content:
20
21
JAMES F. PENMAN,
City Attorney
22
? ;f'?5~ .
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RLS/cd lVANROSAGRJ
2002-227
City Attorney's OfIicc
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
MUNDELL, ODLUM & HA WS
By:
CITY OF SAN BERNARDINO
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