HomeMy WebLinkAbout2005-382 " RESOLUTION NO. 2005-382 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 //1 16 /1/ 17 /1/ 18 /1/ 19 /1/ 20 //1 21 /1/ 22 /1/ 23 //1 24 //1 25 /1/ 26 /1/ 27 //1 28 /1/ S DEled [LaborNeg. OdIum. Res J 1 2005-382 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ;oint regular meeting 17 18 19 20 21 22 '. The foregoing Resolution is hereby approved thi( '. ,!iday of lz(.,,;' "l/t,-,,~/, 2005. I \) Approved as to form and 23 legal content: 24 JAMES F. PENMAN, City Attorney ~: By jJ~#" ~ 27 28 SDEJed[LaborNeg. Odium. Res] 2 2005- 82 ORiG NAL 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 ClerksfParalegals - $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. 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. SDE/ cd [LaborN ego OdIum. ProfS vcsAgr ] 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2005-382 1 10. Only James A. OdIum of MO& H or other senior attorney approved by the CITY 2 shall perform the legal work set forth in this agreement. 3 4 11. 12. No client development costs are to be included in billings. No continuing education expenses are to be included in billings. 5 13. 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 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. Odium. ProfS vcsAgr ] 2 2005-382 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 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III SDEled[ LaborNeg. OdIum. ProfS vcsAgr] 3 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: 5 6 7 ,200t. DATED: , 8 9 10 11 DATEn__,2005 12 13 14 15 16 Approved as to form and 1 7 legal content: 18 JAMES F. PENMAN, City Attorney 19 City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 20 By i2~"l);~"4J 21 22 23 24 25 26 27 28 SDE/ed[ LaborNeg. Odium. ProfS vcsAgrJ MUNDELL, ODLUM & HAWS ./,-. i /4' 'I, i B)': James A. odium CITY OF SAN BERNARDINO .- ")'..( (~ .-...."'- -. dith Valles, Mayor 4