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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
CITY ATTORNEY
Subject: Professional Services Agreement between the City
of San Bernardino and the law firm of Mundell, Odium &
Haws to represent the City and its employees in the case of
Tom Gronewald, Jean Gronewald v. City of San Bernardino,
et al.
Dept: CITY ATTORNEY
Date: March 24, 2005
ORIGINAL
Synopsis of Previous Council Action:
03/21/05-
Mayor and Council approved the hiring of Mundell, Odium & Haws to represent the
City and its employees in the subject court action.
Recommended motion:
The Mayor and Common Council adopt the resolution.
'7.
Signature
Contact person:
Stephanie D. Easland
Phone:
5355
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Committee Notes: ~..:! {)O~--71
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Agenda Item NO.-1..f)
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STAFF REPORT
Council Meeting Date: April 4. 2005
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
March 24, 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 in the case of Tom Gronewald, Jean Gronewald v. City of
San Bernardino, et al.
The Mayor and Common Council approved the law firm of Mundell, OdIum & Haws to
represent the City in the above-referenced court action. 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 case of Tom Gronewald, Jean Gronewald v.
City of San Bernardino, et al.
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RESOLUTIONCD~Y
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 IN THE CASE OF TOM GRONEWALD, JEAN GRONEWALD v.
4 CITY OF SAN BERNARDINO, et aI. .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between Mundell, Odllim &
9 Haws and the City of San Bernardino for legal services, a copy of which is attached hereto
10 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
11 SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the Office of the
13 City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM AND HAWS & THE CITY
OF SAN BERNARDINO IN THE CASE OF TOM GRONEWALD, JEAN GRONEWALD v.
3 CITY OF SAN BERNARDINO, et aI.
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
meeting
6 thereof, held on the
day of
,2005, by the following vote, to
7 wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
II MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18
19
20 2005.
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
21
22
23
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form and
legal content:
25
JAMES F. PENMAN,
26 City Attorney
27
28 By: t~ f. (~
S"oozale,.,.,]
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1 PROFESSIONAL SERVICES AGREEMENT
2 TOM GRONEWALD, JEAN GRONEWALD v. CITY OF SAN BERNARDINO, et al.
3 San Bernardino Superior Court Case No. SCVSS 114580
4 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 MUNDELL, ODLUM & HAWS (hereinafter "MO&H") are the parties to this Agreement.
6 2. MO&H will be representing the following entities and persons in this litigation:
7 CITY OF SAN BERNARDINO and its employees, CHIEF OF POLICE GARRETT ZIMMON;
8 ASSISTANT CHIEF MICHAEL BILLDT; LIEUTENANT MARK GARCIA, as well as former
9 employees, CAPTAIN ROBERT CURTIS and CAPTAIN WESLEY FARMER. MO&H shall not
10 represent any client in any type of claim against the CITY without prior written approval to do so
11 from the CITY OF SAN BERNARDINO through the City Attorney's Office.
12 3. MO&H shall be paid at the hourly rates set forth below:
13 Attorneys - $150.00 per hour; and,
14 Law Clerks/Paralegals - $50.00 per hour.
15 The amounts expended under this agreement for attorneys fees shall not exceed
16 $20,000 without further approval of the Mayor and Common Council.
17 4. Bills shall be submitted at least quarterly.
18 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
20 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
21 of reimbursement for photocopying, telephone charges, and postage.
22 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
23 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
24 7. MO&H shall obtain approval from the CITY to retain expert consultants and other
25 professionals (not including court reporters) for purposes of defending the litigation. MO&H may,
26 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
27 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
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1 Finance Department.
2 8. Status reports will be submitted to CITY through the City Attorney's Office
3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
4 to set reserves, including, without limitation, potential liability exposure and percentage of fault
5 shall be included.
6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
7 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
8 in this, or other litigation.
9 10. Copies of any correspondence and other documents sent to any of the defendants
lOin this action shall also be provided to the CITY through the City Attorney's Office.
11 II. Any and all settlements shall require CITY approval. Request for settlement
12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
13 approvals.
14 12. In the event the settlement value of the case appears to exceed $50,000, the City
15 Attorney's Office shall be notified immediately.
16 13. Only James A. OdIum of MUNDELL, ODLUM & HAWS or other senior attorney
17 approved by the CITY shall try this case.
18 14. No client development costs are to be included in billings.
19 15. No continuing education expenses are to be included in billings.
20 16. Final billing shall be accompanied by copies of the Request for Dismissal,
21 Satisfaction of Judgment, Release and any other final documents.
22 17. Either party may terminate this contract at will. MO&H will continue to represent
23 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
24 another attorney.
25 18. MO&H is an independent contractor as to the CITY.
26 19. MO&H shall maintain the following types of insurance with limits as shown:
27 a) Workers Compensation as required by the laws of the State of
28 California, including Employment Liability with $250,000 limits covering all
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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
2
3
4
5
Agreement.
6
b)
Comprehensive General and Automobile Liability Insurance
7
coverage to include contractual coverage and automobile coverage for owned,
8
hired and non-owned vehicles. The policy shall have at least a combined single
9
limit of $1 ,000,000 for bodily injury and property damage.
10
c)
Professional Liability Insurance with limits of at least $1 ,000,000
11
per claim. In lieu of naming the CITY as an additional insured, the policy may
be endorsed as follows:
12
13
"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."
16 MO&H shall furnish certificates of insurance and certified copies of all policies
14
15
17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
18 prior to the commencement of performance of services hereunder, which certificates shall provide
19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
20 City Attorney's Office, and shall maintain such insurance from the time MO&H commences
21 performance of services hereunder until the completion of such services.
22 All policies, with respect to the insurance coverage above required, except for the
23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
24 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
25 their employees, agents, volunteers and officers as additional named insured with respect to
26 liabilities arising out of the performance of services hereunder.
27
28
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
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represented under this Agreement.
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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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DATED: March _, 2005
MUNDELL, ODLUM & HAWS
7
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By: James A. Odium
9
10
DATED: March 22, 2005
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
Byr 'f.
p~
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RECEiVED
CiTY f.,TTO~':l;EY
CITY OF SAN BERNARDINQ Fen 12
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
P'" 1 n re-
I. _~.. _1 J
DATE:
April 11, 2005
TO:
James Penman, City Attorney
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-71
At the Mayor and Common Council meeting of April 4, 2005, the City of San Bernardino
adopted Resolution No. 2005-71 - Resolution authorizing the execution of a Professional
Services Agreement between Mundell, OdIum & Haws and the City in the case of Tom
Gronewald, Jean Gronewald v. City of San Bernardino et al.
Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office to my attention. Please keep the fully executed copies for your records and for the other
party.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by June 3, 2005.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: ~ IJ.; V..l.l~" .-
Date: ..f./tz./ oS--
Please sign and return
of'".