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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
CITY A TIORNEY
Subject: Professional Services Agreement between the City
of San Bernardino and the law firm of Mundell, Odium &
Haws to represent the City for the purpose of advising the
City's Labor Negotiator regarding negotiations with the
San Bernardino Professional Firefighters, Local 891, and the
San Bernardino Police Officers' Association.
Dept: CITY ATIORNEY
Date: October 20, 2005
MCC Meeting: November 21, 2005
Synopsis of Previous Council Action:
10/17/05-
Mayor and Council approved the hiring of Mundell, Odium & Haws to represent the City for the
purpose of advising the City's Labor Negotiator regarding negotiations with the San Bernardino
Professional Firefighters, Local 891, and the San Bernardino Police Officers' Association during the
pendency of the 2005-2006 City Mayoral election.
Recommended motion:
The Mayor and Common Council adopt the resolution.
~
Contact person:
Stephanie D. Easland
Phone:
5355
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Committee Notes:
Agenda Item No.
<<-rL () I (
1/ /,2,/;0f
STAFF REPORT
Council Meeting Date: November 7. 2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
November 14, 2005
Professional Services Agreement between the City of San Bernardino
and the law firm of Mundell, OdIum & Haws to represent the City of
San Bernardino for the purpose of advising the City's Labor Negotiator
regarding negotiations with the San Bernardino Professional
Firefighters, Local 891, and the San Bernardino Police Officers'
Association.
On October 17, 2005, the Mayor and Common Council approved the hiring of the law firm
of Mundell, Odlum & Haws to represent the City for the purpose of advising the City's Labor
Negotiatorregarding negotiations with the San Bernardino Professional Firefighters, Local 891, and
the San Bernardino Police Officers' Association during the pendency of the 2005-2006 City Mayoral
election. Attached hereto is the Professional Services Agreement which reflects such approval,
including a ceiling of $20,000 on attorney fees and the requirement of regular status reports.
It is requested by the City Attorney that the floor motion be adopted so that the Mayor is
authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino.
That the Mayor of the City of San Bernardino is hereby authorized and directed to execute
on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of
Mundell, Odium & Haws to represent the City in the above-referenced matter.
Attachment
SDFJed[LaborNeg.Odlum.SraflRpt]
1
RESOLUTION NO.
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 PROVIDE ADVICE TO THE CITY'S LABOR NEGOTIATOR
4 REGARDING NEGOTIATIONS WITH THE SAN BERNARDINO PROFESSIONAL
FIREFIGHTERS, LOCAL 891, AND THE SAN BERNARDINO POLICE OFFICERS'
5 ASSOCIATION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City a Professional Services Agreement between Mundell, Odium &
10 Haws and the City of San Bernardino for legal services, a copy of which is attached hereto marked
11 Exhibit" A" and incorporated 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
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SDEled[LaborNeg.Odlum.Res] 1
1 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 PROVIDE ADVICE TO THE CITY'S LABOR NEGOTIATOR
3 REGARDING NEGOTIATIONS WITH THE SAN BERNARDINO PROFESSIONAL
FIREFIGHTERS, LOCAL 891, AND THE SAN BERNARDINO POLICE OFFICERS'
4 ASSOCIATION.
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting
,2005, by the following vote, to wit:
7
thereof, held on the day of
8
COUNCIL MEMBERS: AYES
9
ESTRADA
10
LONGVILLE
11
MCGINNIS
12
DERRY
13
KELLEY
14
JOHNSON
15
MCCAMMACK
16
17
NAYS ABSTAIN ABSENT
18
19
20
21
22
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2005.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
~: By: ~~p" ~
27
28
SDFJed[LaborNeg.Odlum.Res]
2
Exhibit "A"
1 PROFESSIONAL SERVICES AGREEMENT
2 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 MUNDELL, ODLUM & HAWS (hereinafter "MO&H") are the parties to this Agreement.
4 2. MO&H will be representing the CITY for the purpose of advising the CITY's
5 Labor Negotiator regarding negotiations with the San Bernardino Professional Firefighters, Local
6 891, and the San Bernardino Police Officers' Association during the pendency of the 2005-2006
7 CITY Mayoral election.
8 3. MO&H shall be paid at the hourly rates set forth below:
9 Attorneys - $150.00 per hour; and,
10 Law ClerkslParalegals - $50.00 per hour.
11 The amounts expended under this agreement for attorneys fees shall not exceed
12 $20,000 without further approval of the Mayor and Common Council.
13 4. Bills shall be submitted at least quarterly.
14 5. The actual cost for filing fees, telephone charges, photocopying, postage,lodging,
15 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
16 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
17 of reimbursement for photocopying, telephone charges, and postage.
18 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
19 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
20 7. MO&H shall obtain approval from the CITY to retain expert consultants and other
21 professionals (not including court reporters) for purposes of representing the CITY in its labor
22 negotiations. MO&H may, if it chooses, pay the fees and charges of such consultants and seek
23 reimbursement from CITY on its periodic statement, orit may forward the consultant's bill to CITY
24 with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without
25 prior approval of the CITY'S Finance Department.
26 8. Status reports will be submitted to CITY through the City Attorney's Office
27 whenever any significant event occurs, and in any event at least quarterly.
28 9. Copies of all opinions shall be provided to the City Attorney's Office.
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Exhibit "A"
1
10.
Only James A. Odium ofMO& H or other senior attorney approved by the CITY
2 shall perform the legal work set forth in this agreement.
3
11.
12.
13.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by copies of the Request for Dismissal,
4
5
6 Satisfaction of Judgment, Release and any other final documents.
7
14.
Either MO&H or the CITY may terminate this contract at will. MO&H will
8 continue to represent the CITY on the terms and conditions in this Agreement until the file is
9 transferred to another attorney.
15.
16.
MO&H is an independent contractor as to the CITY.
MO&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, including Employment Liability with $250,000 limits covering all
persons providing service on behalf of MO&H and all risks to such persons
under this Agreement. MO&H shall require its Workers Compensation carrier
to waive all rights of subrogation against the CITY and its officers and
employees and any others for whom services are being provided under this
Agreement.
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 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."
SDE/ed[LaborNeg.Odlum.ProfSvcsAgr)
2
Exhibit "A"
1 MO&H shall furnish certificates of insurance and certified copies of all policies
2 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
3 prior to the commencement of performance of services hereunder, which certificates shall provide
4 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
5 City Attorney's Office, and shall maintain such insurance from the time MO&H commences
6 performance of services hereunder until the completion of such services.
7 All policies, wi th respect to the insurance coverage above required, except for the
8 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
9 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
10 their employees, agents, volunteers and officers as additional named insured with respect to
11 liabilities arising out of the performance of services hereunder.
12 III
13 III
14 I I I
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20 III
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23 III
24 III
25 III
26 III
27 I I I
28 III
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15
16
Exhibit "A"
1 All policies required above are to be primary and non-contributing with any
2 insurance or self-insurance programs carried or administered by the CITY or other parties
3 represented under this Agreement.
4
17.
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
5
6
7
DATED:
,2005
MUNDELL, ODLUM & HAWS
8
9
10
By: James A. Odlum
11
12
DATED:
,2005
CITY OF SAN BERNARDINO
13
14
By: Judith Valles, Mayor
Approved as to form and
17 legal content:
18 JAMES F. PENMAN,
City Attorney
19
20
21
22
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24
25
26
27
28
By:
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1 PROFESSIONAL SERVICES AGREEMENT
2 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 MUNDEll., ODLUM & HAWS (hereinafter "MO&H") are the parties to this Agreement.
4 2. MO&H will be representing the CITY for the purpose of advising the CITY's
5 Labor Negotiator regarding negotiations with the San Bernardino Professional Firefighters, Local
6 891, and the San Bernardino Police Officers' Association during the pendency of the 2005-2006
7 CITY Mayoral election.
8 3. MO&H shall be paid at the hourly rates set forth below:
9 Attorneys - $150.00 per hour; and,
10 Law ClerkslParalegals - $50.00 per hour.
11 The amounts expended under this agreement for attorneys fees shall not exceed
12 $20,000 without further approval of the Mayor and Common Council.
13 4. Bills shall be submitted at least quarterly.
14 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
15 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
16 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
17 of reimbursement for photocopying, telephone charges, and postage.
18 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
19 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
20 7. MO&H shall obtain approval from the CITY to retain expert consultants and other
21 professionals (not including court reporters) for purposes of representing the CITY in its labor
22 negotiations. MO&H may, if it chooses, pay the fees and charges of such consultants and seek
23 reimbursement from CITY on its periodic statement, or it may forward the consultant's bill to CITY
24 with a request that the CITY pay it directly. Consultants shall not bill the CITY directly without
25 prior approval of the CITY'S Finance Department.
2 6 8. Status reports will be submitted to CITY through the City Attorney's Office
27 whenever any significant event occurs, and in any event at least quarterly.
28 9. Copies of all opinions shall be provided to the City Attorney's Office.
SDFJed[LaborNeg.Odlum.ProfSvcsAgr]
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1
10.
Only James A. Odium ofMO& H or other senior attorney approved by the CITY
2 shall perform the legal work set forth in this agreement.
3
4
5
11.
12.
13.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by copies of the Request for Dismissal,
6 Satisfaction of Judgment, Release and any other final documents.
7
14.
Either MO&H or the CITY may terminate this contract at will. MO&H will
8 continue to represent the CITY on the terms and conditions in this Agreement until the file is
9 transferred to another attorney.
15.
16.
MO&H is an independent contractor as to the CITY.
MO&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, including Employment Liability with $250,000 limits covering all
persons providing service on behalf of MO&H and all risks to such persons
under this Agreement. MO&H shall require its Workers Compensation carrier
to waive all rights of subrogation against the CITY and its officers and
employees and any others for whom services are being provided under this
Agreement.
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 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 ornegligent act of the insured, its officers, employees, agents
or subcontractors. All other provisions of this policy are to remain unchanged."
SDEled[LaborNeg.Odlum.ProfSvcsAgr]
2
1 MO&H shall furnish certificates of insurance and certified copies of all policies
2 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
3 prior to the commencement of performance of services hereunder, which certificates shall provide
4 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
5 City Attorney's Office, and shall maintain such insurance from the time MO&H commences
6 performance of services hereunder until the completion of such services.
7 All policies, with respect to the insurance coverage above required, except for the
8 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
9 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
10 their employees, agents, volunteers and officers as additional named insured with respect to
11 liabilities arising out of the performance of services hereunder.
12
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14
15
16
17
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1 All policies required above are to be primary and non-contributing with any
2 insurance or self-insurance programs carried or administered by the CITY or other parties
3 represented under this Agreement.
4
17.
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
5
6
7
DATED:
,2005
MUNDElL, ODLUM & HAWS
8
9
10
11
12 DATED:
13
14
By: James A. Odium
,2005
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
15
16
Approved as to form and
1 7 legal content:
18 JAMES F. PENMAN,
City Attorney
19
20
21
22
23
24
By: ;j~iI~
25
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27
28
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