HomeMy WebLinkAbout2009-157
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RESOLUTION NO. 2009-157
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT WITH MUNDELL, ODLUM & HAWS, LLP AND THE CITY
OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CLAIM OF TRA VIS WALKER.
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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 to
8 execute on behalf of said City a Professional Services Agreement between Mundell, Odium & Haws,
9 LLP and the City of San Bernardino for legal services in the Claim of Travis Walker, a copy of which
10 is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth
I I at length.
12 SECTION 2. The authorization granted by this Resolution shall expire and be void and of
13 no 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 this Resolution.
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2009-157
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
2 AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS, LLP AND THE CITY OF SAN
BERNARDINO FOR LEGAL SERVICES IN THE CLAIM OF TRA VIS WALKER.
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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 j oint regular
meeting thereof, held
6 on the 15th day of June
,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
7 COUNCIL MEMBERS:
8 ESTRADA x
9 BAXTER ----1L
IO BRINKER x
11 SHORETT x
12 KELLEY x
13 JOHNSON x
14 MCCAMMACK x
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~dd/v'~J
Rae I G, Clark, City Clerk
The foregoing Resolution is hereby approved this t%!!!.. day of June, 2009.
'1'~
J,Morris,Ma
San Bernardino
22 Approved as to Form:
23 JAMES F. PENMAN,
24 City Att7
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2009-157
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PROFESSIONAL SERVICES AGREEMENT
TRA VIS WALKER v. CITY OF SAN BERNARDINO, et al.
(TORT CLAIM)
I.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
5 MUNDELL, ODLUM & HAWS, LLP (hereinafter "MOH'") are the parties to this Agreement.
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2.
MOH will represent the following entities and persons with respect to the
7 Government Claim of TRAVIS WALKER: CITY OF SAN BERNARDINO and any designated
8 officer or employee ofthe CITY who may be named as a defendant. MOH shall not represent any
9 client in any type of claim against the CITY without prior written approval to do so from the CITY
10 OF SAN BERNARDINO through the City Attorney's Office.
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3.
MOH shall be paid at the hourly rates of $200.
12 The amounts expended under this agreement for attorney fees shall not exceed
13 $25,000 without further approval of the Mayor and Common Council.
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4.
Bills shall be submitted at least on a monthly basis and no later than the 5th day of
15 each succeeding month.
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5.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 MOH may include a single charge in an amount not to exceed four percent (4%) of attorney fees in
19 lieu of reimbursement for photocopying, telephone charges, and postage.
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If attorney fees are charged "portal to portal" (e.g., from office to court and return),
21 then MOH shall not be entitled to reirnbursement for mileage and parking fees.
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MOH shall obtain approval from the CITY to retain expert witnesses, consultants,
23 and other professionals (not including court reporters) for purposes of the litigation. MOH may, if
24 it chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on
25 its periodic statement, or it may forward the consultant's bill to the CITY with a request that the
26 CITY pay it directly. Consultants shall not bill the CITY directly without prior approval of the
27 CITY'S Finance Department.
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EXHffiIT "A"
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2009-157
1 8. Status reports will be submitted to the CITY through the City Attorney's Office
2 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to
3 set reserves, including, without limitation, potential liability exposure and percentage offault, shall
4 be included.
5 9. Copies of any correspondence and other documents sent to any of the parties in this
6 action shall also be provided to the CITY through the City Attorney's Office.
7 10. Copies of all opinions shall be provided to the CITY through the City Attorney's
8 Office.
9 11. Any and all settlements shall require CITY approval. Request for settlernent authority
10 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals.
II 12. In the event the settlement value of this case appears to exceed $50,000.00 the City
12 Attorney's Office shall be notified immediately.
13 13. Only James Odium ofMOH shall perform the legal work hereunder.
14 14. No client development costs are to be included in billings.
15 15. No continuing education expenses are to be included in billings.
16 16. Final billing shall be accompanied by copies of the Request for Dismissal,
17 Satisfaction of Judgment, Release and any other final documents.
18 17. Either party may terminate this Agreement at will, MOH will continue to represent
19 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
20 another attorney.
21 18. MOH is an independent contractor as to the CITY.
22 19. MOH shall maintain the following types of insurance with limits as shown:
23 a) Workers Compensation as required by the laws of the State of California,
24 including Employment Liability with $250,000 limits covering all persons providing
25 service on behalf ofMOH and all risks to such persons under this Agreement. MOH
26 shall require its Workers Compensation carrier to waive all rights of subrogation
27 against the CITY and its officers and employees and any others for whom services
28 are being provided under this Agreement.
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2009-157
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b)
Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
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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:
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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 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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12 MOH shall furnish certificates of insurance and certified copies of all policies and
13 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
14 to the commencement of performance of services hereunder, which certificates shall provide that
15 such insurance shall not be terminated or expire without thirty (30) days written notice to the City
16 Attorney's Office, and shall maintain such insurance from the time MOH cornmences performance
17 of services hereunder until the completion of such services.
18 All policies, with respect to the insurance coverage above required, except for the
19 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
20 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
21 their employees, agents, volunteers and officers as additional named insured with respect to
22 liabilities arising out of the performance of services hereunder.
23 All policies required above are to be primary and non-contributing with any insurance
24 policies or self-insurance programs carried or administered by the CITY or other parties represented
25 under this Agreement.
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2009-157
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All communications and billings to the CITY are to be directed as follows:
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5 Dated: ~ 7, 2009
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10 Dated: June.90 , 2009
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16 Approved as to form:
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JAMES F. PENMAN,
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
MUNDELL, ODLUM & HAWS, LLP
CITY OF SAN BERNARDINO
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