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Home My WebLink About2001-209 RESOLUTION NO. 2001-209 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, SPECIFIED DISCIPLINARY ACTIONS. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed 9 to execute on behalf of said City Professional Services Agreement between Mundell, OdIum & 10 Haws for legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated II herein by reference as fully as though set forth at length, 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no 13 further effect if the agreement is not executed by both parties and returned to the Office of the City 14 Clerk within sixty (60) days following the effective date of the resolution, 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 1/1 24 /II 25 /II 26 /II 27 /II 28 1/1 SDE/ea[nichols.rcs) 2001-209 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY 3 OF SAN BERNARDINO TO REPRESENT THE CITY AND DESIGNATED CITY DEPARTMENTS, IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, 4 SPECIFIED DISCIPLINARY ACTIONS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meetin 8 thereof, held on the 9 th ,2001, by the following vote, to wit 9 COUNCIL MEMBERS: ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 MCGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 MCCAMMACK 17 18 19 ~h.~ CITY CLERK 20 21 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 27 By: L 1- ~ 28 (I SDE/ea[nichols.res] 2 The foregoing Resolution is hereby approved this 2 July , 2001. II 2001-209 1 PROFESSIONAL SERVICES AGREEMENT 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 4 MUNDELL, ODLUM & HAWS ("M,O&H") are the parties to this Agreement. 5 2, M,O&H will be representing the CITY, specifically the San Bernardino Police 6 Department, in all administrative and/or judicial proceedings in regard to, or arising out of, the 7 disciplinary action against Sean Nichols. M,O&H shall not represent any client in any type of claim 8 against the CITY '.vithout prior written approval to do so from the CITY OF SAN BERNARDINO 9 through the City Attorney's Office. 10 3, M,O&H shall be paid at the hourly rates set forth below: 11 Attorneys - $150.00 per hour; and, 12 Paralegals - $ 65.00 per hour. 13 The amounts expended under this agreement for attorneys fees shall not exceed 14 $20,000 without further approval of the Mayor and Common Council. 15 4. Bills shall be submitted at least quarterly. 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 M,O&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu 19 of reimbursement for photocopying, telephone charges, and postage, 20 6. If attorney's fees are charged "portal to portal" (e,g" from office to court and 21 return), then M,O&H shall not be entitled to reimbursement for mileage and parking fees, 22 7. M,O&H shall obtain approval from the CITY to retain expert consultants and otller 23 professionals (not including court reporters) for purposes of representing the San Bernardino Police 24 Department in this matter. M,O&H may, if it chooses, pay the fees and charges of such consultants 25 and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's 26 bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY 27 directly without prior approval of the CITY'S Finance Department. 28 8. Counsel will prepare status reports when appropriate. SDE/ea [NICIIOLS,AGR] EXHIBIT "A" '. 2001-209 1 9, Copies of all opinions, pleadings, discovery and motions shall be provided to the 2 City Attorney's Office 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 defendants 5 in this action shall also be provided 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 & HAWS or other senior attorney 10 approved by the CITY shall try this case, 11 13. No client development costs are to be included in billings, 12 14. 1'-lvcontinuing education expenses are to be included in billings, 13 15, Either party 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 case 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 officers 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 III SDE/ca [NICIIOLS,AGR) 2 " , :' 2001-209 1 at least a combined single limit of $1,000,000 for bodily injury and 2 property damage, 3 c) Professional Liability Insurance with limits of at least 4 $1,000,000 per claim. In lieu of naming the CITY as an additional 5 insured, the policy may be endorsed as follows: 6 "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the 7 Agreement with the CITY OF SAN BERNARDINO for legal defense services, provided such liability results from 8 an error, omission or negligent act of the insured, its officers, employees, agents or subcontractors. All other 9 provisions of this policy are to remain unchanged." 1 0 M,O&H shall furnish certificates of insurance and certified copies of all policies 11 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 12 prior to the commencement of performance of services hereunder, which certificates shall provide 13 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 14 City Attorney's Office, and shall maintain such insurance from the time M,O&H commences 15 performance of services hereunder until the completion of such services, 16 All policies, with respect to the insurance coverage above required, except for the 17 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 18 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 19 their employees, agents, volunteers and officers as additional named insured with respect to 20 liabilities arising out of the performance of services hereunder. 21 All policies required above are to be primary and non-contributing with any 22 insurance or self-insurance programs carried or administered by the CITY or other parties 23 represented under this Agreement. 24 III 25 III 26 III 27 III 28 III SDE/ea [NICHOLS,AGR] 3 ~ 1" 2001-209 1 20, All communications and billings to the CITY are to be directed as follows: 2 3 4 DATED'~'2001 5 6 7 8 9 DATED: Je, \'1 I Z. , 2001 , 10 11 12 13 14 15 16 17 18 19 20 Approved as to Form and legal content: 21 JAMES F, PENMAN, 22 City Attorney 23 24 t.~ 25 26 27 28 SDE/e. [NICHOLSAGR] City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 MUNDELL, ODLUM & HAWS CITY OF SAN BERNARDINO alles, Mayor 4