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Home My WebLink About1996-176 1 RESOLUTION NO. 96-176 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL 3 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF MUNDELL, ODLUM & HAWS 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement for Legal Services between the CITY OF SAN BERNARDINO 9 and the law firm of MUNDELL, ODLUM & HAWS a copy of which is 10 attached hereto marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above- 13 referenced agreement is rescinded if the parties to the agreement 14 fail to execute it within sixty (60) days of the passage of this 15 resolution. 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / HTC:ms[GAEA.Res] 1 RES 96-176 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL 2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF MUNDELL. ODLUM & HAWS 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a regular meeting thereof, held on the 17th 6 day of June , 1996, by the following vote, to wit: 7 8 Council Members: ABSENT AYES NAYS ABSTAIN NEGRETE x 9 CURLIN x 10 ARIAS x 11 OBERHELMAN x 12 DEVLIN x 13 ANDERSON x 14 MILLER x 15 16 ~~.v L c.~,-, Cit Clerk The foregoing resolution is hereby approved this Ifli.. day 17 18 19 of June , 1996. ----;;:;)t{c ~~~ Tom Minor, Mayor City of San Bernardino 20 21 22 23 Approved as to form and legal content: JAMES F. PENMAN, City Attorney , , " By: \~;;. (~--- rJ HTC:ms[GAEA.Res] 2 RES 96-VJU-D6 , PROFESSIONAL SERVICES AGREEMENT I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of MUNDELL, ODLUM & HAWS (hereinafter "M,O&H") are the parties to this Agreement. 2. M,O&H will be representing Defendants, CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY and TIMOTHY C. STEINHAUS (hereinafter collectively referred to as the "Defendants") in an action entitled GAEA Eauitus Comoration and James W. Shaw v. City of San Bernardino. Citv of San Bernardino Economic Development A~ency. and Timothy Steinhouse, San Bernardino Superior Court Case No. SCV 28589. 3. M,O&H shall be paid for all work on said case by the CITY at the hourly rates set forth below: Partners $150.00 per hour Associates $125.00 per hour Law ClerkslParalegals $ 65.00 per hour 4. Bills shall be submitted to the City Attorney's Office on a quarterly basis unless the amount exceeds $3,000.00 in a given month and in that event the bills shall be submitted monthly. The total payments for attorney's fees and costs shall not exceed $20,000 without the prior approval of the City. 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel costs shall be itemized when submitted as set forth in Paragraph 4 for reimbursement. 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return), then M,O&H shall not be entitled to reimbursement for mileage and parking fees. IIE:ao[MO&II.Agr] 1 RES 96-176 , 7. M,O&H shall obtain approval from the City Attorney's Office to retain expert consultants and other professionals (not including court reporters) for purposes of representing said defendants in said proceedings. M,O&H may, if it chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY through the City Attorney's Office on its periodic statement. 8. Status reports will be submitted to Defendants through the City Attorney's Office whenever any significant event occurs, and in any event at least quarterly. Information sufficient to set reserves, including, without limitation, potential liability exposure and percentage of fault shall be included. 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City Attorney's Office. 10. Copies of any correspondence and other documents sent to any of the parties in said proceedings involving Defendants shall also be provided to the Defendants through the City Attorney's Office. II. Only James D. Odium, of M,O&H, shall defend Defendants in said action, unless prior consent is given by the City Attorney's Office. 12. No client development costs are to be included in billings. 13. No continuing education expenses are to be included in billings. 14. Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, Release and any other appropriate final documents. 15. Either CITY or M,O&H may terminate this contract at will. M,O&H will continue to represent Defendants on the terms and conditions in this Agreement until the case and file are transferred to another attorney. HE:ao[MO&H.Agr] 2 RES 96"'"176 , 16. M,O&H is an independent contractor as to the City. 17. M,O&H shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non-owned vehicles. The policy shall have at least a combined single limit of $1 ,000,000 for bodily injury and property damage. c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of naming the CITY and as an additional 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." M,O&H shall furnish certificates of insurance and certified copies of all policies and endorsements to the City Attorney's Office evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide 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 M,O&H commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming the CITY and all parties represented under this Agreement, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. HE:ao[MO&HAgr] 3 RES 96,-176 -~ All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement. 18. 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, Room 668 San Bernardino, CA 92418 DATED: (J._j J 6\W~ f , ,: ,1996 MUNDELL, ODLUM & HAWS, a partnership including a professional corporation By: /\1, I)".' ') (} {,J / ~ / ,I.if\)<-' \ (.8 , 1,...:.4- \. Jalll\:s A. Odium " J DATED: ~dC" /1 , 1996 CITY m' SAN BERNARDINO ~J~~&~ Tom Minar, Mayor APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney By:p~ i o 11 /Ie~ HE:ao[MO&H.Agr] 4