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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 for the purpose of conducting a
personnel investigation.
Dept: CITY ATTORNEY
Date: January 12, 2006
ORIGINAL
MCC Meeting: January 23, 2006
Synopsis of Previous Council Action:
01/09/06-
Mayor and Council approved the hiring of Mundell, Odium & Haws for the purpose of conducting a
personnel investigation.
Recommended motion:
The Mayor and Common Council adopt the resolution.
~~~~
~ S' ture
Contact person:
Stephanie D. Easland
Phone:
5355
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Committee Notes: At" ~ Joole -1(,
Agenda Item No. 1/
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SDEled[pSA. OdIum. Personnellnv.rca]
STAFF REPORT
Council Meeting Date: Januarv 23. 2006
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
January 17,2006
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 conducting a personnel investigation.
On January 9, 2006, the Mayor and Common Council approved the hiring of the law firm
of Mundell, Odium & Haws to conduct a personnel investigation. 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 conduct the above-referenced matter.
Attachment
SDE/ed[PSAOdlum.PersonnelInv.StaftRpt]
RESOLUTION NO. <<: (Q) lP V
'- 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 Al\T}) THE CITY
OF SAN BERNARDINO FOR THE PURPOSE OF CONDUCTING A PERSONNEL
4 INVESTIGATION.
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 I
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8 to execute on behalf of said City a Professional Services Agreement between Mundell, OdIum &
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.
14 1/1
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SDE1cd[PSA Odlum.Personnellv.RcsJ
RESOLUTION OF THE MAYOR Al'm 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 BER.c'lARDINO FOR THE PURPOSE OF CONDUCTING A PERSONNEL
3 Il\'VESTIGATION.
4 I HEREBY CERTIFY that the foregoll1g 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
, 2006, by the following vote, to
7 wit:
21
22
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By:&/;:.4?~H-~
27
28
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S DEled [PSA Odl urn _ Person nell\' Res] 2
JUDITH \' ALLES, Mayor
City of San Bernardino
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1
PROFESSIONAL SERVICES AGREEMENT
2
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
1
3 IvflJNDELL, ODLUM & HAWS (hereinafter "MO&H") are the parties to this Agreement.
4
MO&H will be representing the CITY for the pUl1pose of conducting a personnel
2.
5 investigation as authorized by the Mayor and Council on January 9, 2006.
6
MO&H shall be paid at the hourly rates set forth below:
3.
7 Attorneys - $150.00 per hour; and,
8 Law ClerkslParalegals - $50.00 per hour.
9 The amounts expended under this agreement for attorneys fees shall not exceed
10 $20,000 without further approval of the Mayor and Common Council.
11
Bills shall be submitted at least quarterly.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
4.
12
5.
13 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
14 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
15
of reim bursement for photocopying, telephone charges, and postage.
16
If attorney's fces are charged "portal to portal" (e.g., from office to court and
6.
17 ret1ll11), then MO&H shall not be cntitlcd to rcimbursement for mileage and parking fees.
18
MO&H shall obtain approval from the CITY to retain expert consultants and other
7.
19 professionals (not including court reporters) for purposes of conducting a personnel investigation.
20 MO&H may, if it chooses, pay thc fees and charges of such consultants and seek reimbursement
21 from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request
22 that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval
23 of the CITY'S Finance Departmcnt.
24
8.
Status reports will be submitted to CITY through the City Attorney's Officc
25 whencver any significant event occurs, and in any event at least quarterly.
26
27
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9.
10.
Copies of all opinions shall be providcd to the City Attorney's Office,
Only James A. Odium ofMO& H or other senior attorney approved by the CITY
shall perform the legal work set forth in this agreement.
SDE/ed[ Personnellnv Odium. ProfSvcsAgr]
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EXHIBIT "A"
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No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either MO&H or the CITY may terminate this contract at will. MO&H will
11.
2
12.
3
13.
4 continue to represent the CITY on the terms and conditions in this Agreement until the file is
5 transferred to another attorney.
6
MO&H is an independent contractor as to the CITY.
MO&H shall maintain the following types of insurance with limits as shown:
7
14.
15
8
a)
Workers Compensation as required by the laws of the State of
9
California, including Employment Liability with $250,000 limits covering all
persons providing service on behalf of MO&H and all risks to such persons
under this Agreement. MO&H shall require its Workers Compensation carrier
to waive all rights of subrogation against the CITY and its officers and
employees and any others for whom services are being provided under this
10
11
12
13
14
Agreement.
b)
Comprehensive General and Automobile Liability Insurance
16
coverage to include contractual coverage and automobile coverage for owned,
hired and non-owned vehicles. The policy shall have at least a combined single
17
18
limit of$I,OOO,OOO for bodily injury and property damage.
19
Professional Liability Insurance with limits of at least $1 ,000,000
c)
20 per claim. In lieu of naming the CITY as an additional insured, the policy may
21 be endorsed as follows:
22 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
23 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
24 or subcontractors. All other provisions of this policy are to remain unchanged."
25 MO&H shall furnish certificates of insurance and certified copies of aJI policies
26 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
27 prior to the commencement of performance of services hereunder, which certificates shall provide
28
that such insurance shall not be terminated or expire without thirty (30) days written notice to the
SDEieil!Personnellnv, Odium. ProfSvcsAgr J
2
EXHIBIT "A"
1 City Attorney's Office, and shall maintain such insurance from the time MO&1I commences
'--
2
performance of services hereunder until the completion of such services.
3 All policies, with respect to the insurance coverage above required, except for the
4 Workers Compensation insurance coverage and profcssional liability coverage. if applicable, shall
5 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
6 their employces, agents, volunteers and officers as additional namcd insured with respect to
7 liabilities arising out of the performance of services hereunder.
8 III
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EXHIBIT "A"
1
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
3 represented under this Agreemcnt.
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2
4
16.
All communications and billings to thc CITY are to bc directed as follows:
5
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DATED:
,2006
8
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DATED:
,2006
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Approved as to fonn and
legal content:
18
JAMES F. PENMAN,
City Attorney
19
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By:
22
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25
27
S DEled IPcP.ionm:llov. Od r urn. ProfS vcsAgr J
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
MUNDELL, ODLUM & HAWS
By: James A. Odium
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
4
EXHIBIT "An
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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 & HA WS (hereinafter "MO&H") are the parties to this Agreement
4 , MO&H will be representing the CITY for the purpose of conducting a pcrsonnel
5 investigation as authorized by the Mayor and Council on January 9, 2006.
6
3. MO&H shall be paid at the hourly rates set forth below:
Attorneys - $150.00 per hour; and,
Law ClerkslParalegals - $50.00 per hour.
The amounts expended under this agreement for attorneys fees shall not exceed
$20,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement
MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
of reimbursement for photocopying, telephone charges, and postage.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
7. MO&H shall obtain approval from the CITY to retain expel1 consultants and other
professionals (not including court reporters) for purposes of conducting a personnel investigation.
MO&H may, if it chooses, pay the fees and charges of such consultants and seek reimbursement
from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a request
thatlhe CITY pay it directly. Consultants shall not bill the CITY directly without prior approval
of the ClTY'S Finance Department
8. Status reports will be submitted to ClTY through the City Attorney's Office
whenever any significant event occurs, and in any event at least quarterly.
9. Copies of all opinions shall be provided to the City Attorney's Office.
10. Only James A. OdIum ofMO& H or other senior attorney approved by the CITY
shall perform the legal work set forth in this agreement
7
8
9
10
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12
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14
15
16
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20
S DEled [Personnellnv _ Odium. ProfS vcsAgr]
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1
11.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
2
12.
3
13.
Either MO&H or the CITY may terminate this contract at will. MO&H will
4 continue to represent the CITY on the terms and conditions in this Agrecment until the file is
5 transferred to another attorney.
6
14.
MO&H is an independent contractor as to the CITY.
MO&H shall maintain the following types of insurance with limits as shown
7
IS.
8
a)
Workers Compensation as required by the laws of the State of
9
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
10
11
12
13
employees and any others for whom services are being provided under this
14
Agreement.
15
b)
Comprehensive General and Automobile Liability Insurance
16
coverage to include contractual coverage and automobile coverage for owned,
17
hired and non-owned vehicles. The policy shall have at least a combined single
18
limit of $ I ,000,000 for bodily injury and property damage.
19
c)
Professional Liability Insurance with limits of at least $1 ,000,000
20 per claim. In lieu of naming the CITY as an additional insured, the policy may
21 be endorsed as follows:
22 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
23 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act of the insured, its officers, employees, agents
24 or subcontractors. All other provisions of this policy are to remain unchanged."
25 MO&H shall furnish certificates of insurance and certified copies of all policies
26 and endorsements to the City Attorney's Office evidencipg the insurance coverage above required
27 prior to the commencement of performance of services hereunder, which certificates shall provide
28 that such insurancc shall not be terminatcd or expire without thirty (30) days written noticc (0 thc
SDE/cd[PersonnclInv.Odlum ProfSvcsAgr]
2
,--
,
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1
City Attorney's Office. and shall maintain such insurance from the time MO&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, ifapplicablc, shall
obtain additional endorsements naming the CITY and all pal1ies 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.
III
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27
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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 tbe CITY or otber parties
3 represented under this Agreement.
4
16.
All communications and billings to the CITY are to be directed as follows:
5
6
7
DA TED:
,2006
8
9
10
11
12
DA TED:
,2006
13
14
16
17
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bemardino, CA 92418
MUNDELL, ODLL'M & HA WS
By: James A. OdIum
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
/';/~// -
By: . //;:;. ///,;-t:,/, 4-.----
. ,?'
SDEied [PcrsonnelInv. Od lumProtS vcsAgr ]
4
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ad({'ted): J/) "oh
Vote: Ayes Nays
Change to motion to amend original documents D
~O
II
Resolution #
Absent
Item #
Abstain
Companion Resolutions
'1/r7f&b
~O/!Jb ./0
PUBLISH D
POST D
RECORDW/COUNTY D
By:
Note on Resolution of attachment stored separately: D
Date Sent to Mayor: _II) l' (D ~
Date of Mayor's Signature: \ I)~, 0 I,c) ~
Date ofClerklCDC Signature: \ (yS,.~
Date Memo/Letter Sent for Signature: ( "11 r 0 ~1
Reso. Log Updated: ~
Seal Impressed: d /
Reso. # on Staff Report D
I't Reminder Letter Sent:
2nd Reminder Letter Sent:
Date Returned: Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
/
Yes
Yes
Yes
NO-rBY_-
N07-:Y
No By /
No ;/' Z-~
-/y--
No By_
Yes
Yes
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D." Parks & Recreation D
City Attorney ~) Finance ~/ Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others:
'"
Notes: tit '
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Date: r ' " -c;
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Ready to File~
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 30,2006
TO:
Stephanie Easland, Assistant City Attorney
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution Nos. 2006-16
At the Mayor and Common Council meeting of January 23, 2006, the City of San Bernardino
adopted Resolution No. 2006-16 - Resolution authorizing and the execution of a Professional
Services Agreement between Mundell, Odium & Haws and the City of San Bernardino for the
purpose of conducting a personnel investigation.
Attached are one (I) original Professional Services Agreement and two (2) duplicate agreements
to be executed by James A. Odium. Please obtain signatures in the appropriate locations and
return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention.
Please keep the other two (2) 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 March 23, 2006.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you,
Eileen Gomez
Senior Secretary
I hereby acknowledge r ceipt of the above mentioned documents.
Signed:
Please sign and return
Date: