HomeMy WebLinkAbout2005-111
" .
"
I
RESOLUTION NO. 2005-111
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 REPRESENT THE CITY IN THE CASE OF Mohammed Fawzi
4 Hassan, an Individual and Armada Transport, Inc. v. City of San Bernardino, Fred Wilson, City
Administrator, Judith Valles, James F. Penman, and Garrett W. Zimmon as individuals, et al.
5 United States District Court Case No. EDCV 05-328 V AP (SGLx)
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor ofthe 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 City
14 Clerk within sixty (60) days following 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//
RLS/js [Hassan.Res] I
"
"
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 REPRESENT THE CITY IN THE CASE OF Mohammed Fawzi
3 Hassan, an Individual and Armada Transport, Inc. v. City of San Bernardino, Fred Wilson, City
Administrator, Judith Valles, James F. Penman, and Garrett W. Zimmon as individuals, et al.
4 United States District Court Case No. EDCV 05-328 V AP (SGLx)
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Conunon Council of the City of San Bernardino at a
7 thereof, held on the 16th day of May
ioint regular
meeting
, 2005, by the following vote, to wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
IS MCCAMMACK
16
17
18
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
G~h~
'- CITY CLERK
19
The foregoing Resolution is hereby approved this /14 day of
May
,2005.
-
~
2005-111
.",,: "'..,~.~~m.n cl{"
,. . - ..' ~:,,~f ;~ !1 \oj p,,:,~ It.
1
PROFESSIONAL SERVICES AGREEMENT
2
Mohammed Fawzi Hassan, an Individual and Armada Transport, Inc. v.
City of San Bernardino, Fred Wilson, City Administrator, Judith Valles,
James F. Penman, and Garrett W. Zimmon as individuals, et al.
United States District Court Case No. EDCV 05-328 V AP (8GLx)
1. 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 following entities and persons in this litigation:
CITY OF SAN BERNARDINO, Fred Wilson, City Administrator, Judith Valles, James F. Penman,
and Garrett W. Zimmon. MO&H shall not represent any client in any type of claim against the
CITY without prior written approval to do so from the CITY OF SAN BERNARDINO through the
City Attorney's Office.
3. MO&H shall be paid at the hourly rates set forth below:
Attorneys - $150.00 per hour; and,
Law ClerkslParalegals - $65.00 per hour.
3
4
5
6
7
8
9
10
11
12
13
14
The amounts expended under this agreement for attorneys fees shall not exceed
15
16
$25,000 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,
17
18
19
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.
20
21
22
23
24
7. MO&H shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. 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
25
26
27
28
RLS/js [Hassan.PrfSvcsAgr]
1
"
.'
n"""m^""'~ G\-. '
~( ':; ;>"/ ~ ~1l"~ :.1 ~!Vi lf~"J q,
,_f _,: .. '; '..<-.,111 ~ '<{jJ ......
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
11.
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
19
20
14.
15.
16.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
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
26
27
28
18.
19.
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
RLS/js [Hassan.PrfSvcsAgr]
2
. ,
.
d'"",... """.' IN. 'A'l
fi ""}" f~ .:~
'J;"B~'~ . '.
1
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
2
3
4
5
6
Agreement.
7
b)
Comprehensive General and Automobile Liability Insurance
8
coverage to include contractual coverage and automobile coverage for owned,
9
hired and non-owned vehicles. The policy shall have at least a combined single
10
limit of $1,000,000 for bodily injury and property damage.
11
c)
Professional Liability Insurance with limits of at least $1,000,000
12 per claim. In lieu of naming the CITY as an additional insured, the policy may
13 be endorsed as follows:
14 "Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF SAN
15 BERNARDINO for legal defense services, provided such liability results from
an error, omission or negligent act ofthe insured, its officers, employees, agents
16 or subcontractors. All other provisions of this policy are to remain unchanged."
1 7 MO&H shall furnish certificates of insurance and certified copies of all policies
18 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
19 prior to the commencement of performance of services hereunder, which certificates shall provide
20 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
21 City Attorney's Office, and shall maintain such insurance from the time MO&H commences
22 performance of services hereunder until the completion of such services.
23 All policies, with respect to the insurance coverage above required, except for the
24 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
25 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
26 their employees, agents, volunteers and officers as additional named insured with respect to
27 liabilities arising out of the performance of services hereunder.
28
RLS/js [Hassan.PrfSvcsAgr]
3
.,
. .;
ORiGINAL
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
20.
All communications and billings to the CITY are to be directed as follows:
5
6
7
D,.{TED: 5/?.6/0i'zOO5
8
9
10
11
12
DATED:4L,2005
13
14
15
16
17
18
19
20
21
22
23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
27
28
RLS/js [Hassan.PrfSvcsAgr]
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
MUNDELL, ODLUM & HAWS
'... OL
BY:J~m
CITY OF 7BERNARDINO
/
4