HomeMy WebLinkAbout2006-043
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RESOLUTION NO. 2006-43
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING PROFESSIONAL SERVICES AGREEMENT BETWEEN
3 MUNDELL, ODLUM & HAWS AND THE CITY OF SAN BERNARDINO REGARDING
REPRESENTATION RELATED TO CONDUCTING A PERSONNEL INVESTIGATION.
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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 an amended Professional Services Agreement between Mundell,
9 OdIum & Haws and the City of San Bernardino for legal services, a copy of which is attached
10 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
11 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 City
14 Clerk within sixty (60) days following effective date of the resolution.
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2006-43
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING PROFESSIONAL SERVICES AGREEMENT BETWEEN
2 MUNDELL, ODLUM & HAWS AND THE CITY OF SAN BERNARDINO REGARDING
REPRESENTATION RELATED TO CONDUCTING A PERSONNEL INVESTIGATION.
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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
6 thereof,heldonthe 21st dayof February
ioint regular
meeting
, 2006, by the following vote, to
7 wit:
8 COUNCIL MEMBERS: AYES
9 ESTRADA X
10 LONGVILLE X
11 MCGINNIS X
12 DERRY X
13 KELLEY X
14 JOHNSON X
15 MCCAMMACK
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NAYS
ABSTAIN
ABSENT
X
0.anLVut, !miLrvu " ~); (Jut."
" CITY CLE I I
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,
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20 2006.
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The foregoing Resolution is hereby approved this ;;7tui-day of
February"
24 Approved as to form and
legal content:
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By:
"7-"f~
JAMES F. PENMAN
City Attorney
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2006-43
ORIGINAL
1 AMENDED 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 conducting a personnel
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:
7 Attorneys - $150.00 per hour; and,
8 Law ClerkslParalegals - $65.00 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 4. Bills shall be submitted at least quarterly.
12 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
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 reimbursement for photocopying, telephone charges, and postage.
16 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
17 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
18 7. MO&H shall obtain approval from the CITY to retain expert consultants and other
19 professionals (not including court reporters) for purposes of conducting a personnel investigation.
20 MO&H may, if it chooses, pay the 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 Department.
24 8. Status reports will be submitted to CITY through the City Attorney's Office
25 whenever any significant event occurs, and in any event at least quarterly.
26 9. Copies of all opinions shall be provided to the City Attorney's Office.
27 10. Only James A. Odium ofMO& H or other senior attorney approved by the CITY
28 shall perform the legal work set forth in this agreement.
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2006-43
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No client development costs are to be included in billings.
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Either MO&H or the CITY may terminate this contract at will. MO&H will
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No continuing education expenses are to be included in billings.
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4 continue to represent the CITY on the terms and conditions in this Agreement until the file is
5 transferred to another attorney.
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MO&H is an independent contractor as to the CITY.
MO&H shall maintain the following types of insurance with limits as shown:
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a)
Workers Compensation as required by the laws of the State of
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California, including Employment Liability with $250,000 limits covering all
persons providing service on behalf of MO&H and all risks to such persons
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under this Agreement. MO&H shall require its Workers Compensation carrier
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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
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Agreement.
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b)
Comprehensive General and Automobile Liability Insurance
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coverage to include contractual coverage and automobile coverage for owned,
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hired and non-owned vehicles. The policy shall have at least a combined single
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limit of $1 ,000,000 for bodily injury and property damage.
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c)
Professional Liability Insurance with limits of at least $1 ,000,000
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per claim. In lieu of naming the CITY as an additional insured, the policy may
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be endorsed as follows:
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"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."
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MO&H shall furnish certificates of insurance and certified copies of all policies
and endorsements to the City Attorney's Office evidencing the insurance coverage above required
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prior to the commencement of performance of services hereunder, which certificates shall provide
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that such insurance shall not be terminated or expire without thirty (30) days written notice to the
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- 2006-43
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, ifapplicable, 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.
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2006-43
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.
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All communications and billings to the CITY are to be directed as follows:
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DATED'~'200'
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DATED:~, 2006
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Approved as to form and
17 legal content:
18 JAMES F. PENMAN,
City Attorney
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
MUNDELL, ODLUM & HAWS
BY'~llJDl
CITY OF SAN BERNARDINO
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