HomeMy WebLinkAbout2006-016
NOTE: RESOLUTION NO. 2006-43 WAS ADOPTED ON FEBRUARY 21, 2006, AMENDING '
THIS RESOLUTION WHICH WAS NOT EXECUTED.
1 RESOLUTION NO. 2006-16
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 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
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
15 /II
16 1/1
17 /II
18 /II
19 /II
20 /II
21 /II
22 /II
23 /II
24 /II
25 /II
26 /II
27 /II
28 /II
SDE/ed [PSA. Odlum.Persnnnellv .Res] 1
2006-16
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 FOR THE PURPOSE OF CONDUCTING A PERSONNEL
3 INVESTIGATION.
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 j oint regular
meeting
6 thereof, held on the 23rd day of January
7 wit:
, 2006, by the following vote, to
8 COUNCIL MEMBERS: AYES
9 ESTRADA X
10 LONGVILLE x
11 MCGINNIS X
12 DERRY x
13 KELLEY x
14 JOHNSON X
15 MCCAMMACK x
16
17
NAYS
ABSTAIN
ABSENT
18
19
20
21
22
~'
. ,(J Ch/~
- CITY CLERK
The foregoing Resolution is hereby approved this :;sJd day of
January
2006.
Chas Kelley, Mayor Pro Te
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By,<-4~7A
27
28
SDE/ed[PSA Odlum.PersonnelIv .Res] 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROFESSIONAL SERVICES AGREEMENT
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
MUNDELL, ODLUM & HAWS (hereinafter "MO&H") are the parties to this Agreement.
2. MO&H will be representing the CITY for the purpose of conducting a personnel
investigation as authorized by the Mayor and Council on January 9, 2006.
3. MO&H shall be paid at the hourly rates set forth below:
Attorneys - $150.00 per hour; and,
Law Clerks/Paralegals - $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%) offees 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 expert 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
that the CITY pay it directly. Consultants shall not bill the CITY directly without prior approval
of the CITY'S Finance Department.
8. Status reports will be submitted to CITY 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.
1
SDE/ed[Personnellnv .Odlum. ProfS vcsAgr]
1
II.
12.
13.
No client development costs are to be included in billings.
2
No continuing education expenses are to be included in billings.
3
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 Agreement until the file is
5 transferred to another attorney.
6
14.
15.
MO&H is an independent contractor as to the CITY.
7
MO&H shall maintain the following types of insurance with limits as shown:
8
a)
Workers Compensation as required by the laws of the State of
9
California, including Employment Liability with $250,000 limits covering all
persons providing service on behalf of MO&H and all risks to such persons
10
11
under this Agreement. MO&H shall require its Workers Compensation carrier
to waive all rights of subrogation against the CITY and its officers and
12
13
employees and any others for whom services are being provided under this
14
Agreement.
15
b)
Comprehensive General and Automobile Liability Insurance
16
coverage to include contractual coverage and automobile coverage for owned,
17
hired and non-owned vehicles. The policy shall have at least a combined single
limit of$I,OOO,OOO for bodily injury and property damage.
18
19
c)
PFofessional 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
be endorsed as follows:
21
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
BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act ofthe insured, its officers, employees, agents
or subcontractors. All other provisions of this policy are to remain unchanged."
23
24
25
MO&H shall furnish certificates of insurance and certified copies of all policies
26
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
27
28
that such insurance shall not be terminated or expire without thirty (30) days written notice to the
SDE/ed[Personnellnv. Odlum.ProfSvcsAgr]
2
1 City Attorney's Office, and shall maintain such insurance from the time MO&H 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 professional liability coverage, if applicable, shall
5 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
6 their employees, agents, volunteers and officers as additional named insured with respect to
7 liabilities arising out of the performance of services hereunder.
8 /II
9 /I I
10 III
11 III
12 III
13 III
14 III
15 III
16 III
17 /II
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 /II
27 /I I
28 /II
SDE/ed[Personnellnv. Odlum.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
16.
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:
,2006
MUNDELL, ODLUM & HAWS
8
9
10
By: James A. OdIum
11
12
/
DATED: {iJ5
CITY OF SAN BERNARDINO
,2006
13
c~
14
15
Chas Kelley, Mayor Pro Tern
City of San Bernardino
16
17
Approved as to form and
legal content:
18
JAMES F. PENMAN,
City Attorney
19
20
BY:.~~A'
~
~
21
22
23
24
25
26
27
28
SDE/ed[PersonnelInv. OdIum. ProfSvcsAgr]
4