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HomeMy WebLinkAbout2013-327 RESOLUTION NO. 2013-327 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF LINDA L. DAUBE AND 3 THE CITY OF SAN BERNARDINO FOR EMPLOYMENT AND LABOR LAW LEGAL 4 SERVICES BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City a Professional Services Agreement between The Law 9 Office of Linda L. Daube and the City of San Bernardino for legal services, a copy of which is 10 attached hereto and incorporated herein as Exhibit "A." 11 SECTION 2. The authorization granted by this Resolution shall expire and be void and 12 of no 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 this Resolution. 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 2013--327 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF LINDA L. DAUBE AND 2 THE CITY OF SAN BERNARDINO FOR EMPLOYMENT AND LABOR LAW LEGAL 3 SERVICES 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 5 Council of the City of San Bernardino at a joint regular meeting 6 thereof, held on the 2nd day of December , 2013, by the 7 following vote, to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 JENKINS _X 11 VALDIVIA X 12 SHORETT X 13 VACANT 14 JOHNSON X 15 MULVIHILL X 16 17 Ge d eann Ha a, City Clerk 18 19 The foregoing Resolution is hereby approved this J day of Decemlw ,2013. ���■■— 21 �atric . orris, • ■an Bernardino 22 23 Approved as to form: 24 GARY D. SAENZ, City Attorney 25 \ �. 26 By. 27 28 2013-327 1 PROFESSIONAL SERVICES AGREEMENT FOR EMPLOYMENT/LABOR LAW SERVICES 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the Law Office of 4 Linda L. Daube (hereinafter "DAUBE") are the parties to this Agreement. 5 2. DAUBE will be providing employment/labor law advice to the Human Resources 6 Division of the City of San Bernardino,and any other designated officer or employee of the CITY. 7 DABUE shall not represent any client in any type of claim against the CITY without prior written 8 approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 9 3. DAUBE shall be paid at the hourly rates set forth below: 10 Attorneys - $225.00 per hour. 11 The amounts expended under this agreement for attorney fees shall not exceed $70,000 12 without further approval of the Mayor and Common Council. 13 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of 14 each succeeding month. 15 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 17 DAUBE may include a single charge in an amount not to exceed four percent(4%)of attorney fees 18 in lieu of reimbursement for photocopying,telephone charges, and postage. 19 6. If attorney fees are charged "portal to portal" (e.g., from office to court and return), 20 then DAUBE shall not be entitled to reimbursement for mileage and parking fees. 21 7. Status reports will be submitted to the CITY through the City Attorney's Office 22 whenever any significant event occurs. 23 8. Only Linda Daube of The Law Office of Linda L. Daube or another senior attorney 24 approved by the City shall provide the services under this agreement. 25 9. No client development costs are to be included in billings. 26 10. No continuing education expenses are to be included in billings. 11 F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 1 2013-327 1 11. Either party may terminate this Agreement at will. DAUBE will continue to 2 represent the CITY on the terms and conditions in this Agreement until notice is given by the 3 CITY of termination of the Agreement. 4 12. DAUBE is an independent contractor as to the CITY. 5 13. DAUBE shall maintain the following types of insurance with limits as shown: 6 a) Workers Compensation as required by the laws of the State of California, 7 including Employment Liability with $250,000 limits covering all persons 8 providing service on behalf of A&L and all risks to such persons under this 9 Agreement. DAUBE shall require its Workers Compensation carrier to waive all 10 rights of subrogation against the CITY and its officers and employees and any 11 others for whom services are being provided under this Agreement. 12 b) Comprehensive General and Automobile Liability Insurance coverage to 13 include contractual coverage and automobile coverage for owned, hired and 14 non-owned vehicles. The policy shall have at least a combined single limit of 15 $1,000,000 for bodily injury and property damage. 16 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. 17 In lieu of naming the CITY as an additional insured,the policy may be endorsed as 18 follows: "Insurance coverage afforded by this policy shall also apply 19 to the liability assumed by the Insured under the Agreement with the CITY OF SAN BERNARDINO for legal services, provided such 20 liability results from an error, omission or negligent act of the insured, its officers, employees, agents, or subcontractors. All 21 other provisions of this policy are to remain unchanged." 22 23 DAUBE shall furnish certificates of insurance and certified copies of all policies 24 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 25 prior to the commencement of performance of services hereunder, which certificates shall provide 26 that such insurance shall not be terminated or expire without thirty (30) days written notice to the F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 2 2013-327 1 City Attorney's Office, and shall maintain such insurance from the time DAUBE 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 6 Agreement, their employees, agents, volunteers and officers as additional named insureds with 7 respect to liabilities arising out of the performance of services hereunder. 8 All policies required above are to be primary and non-contributing with any insurance 9 policies or self-insurance programs carried or administered by the CITY or other parties 10 represented under this Agreement. 11 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office 12 CITY OF SAN BERNARDINO 300 North "D" Street 13 San Bernardino, CA 92418 14 /// 15 /// 16 /// 17 /// 18 /1/ 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 3 2013-327 1 PROFESSIONAL SERVICES AGREEMENT FOR EMPLOYMENT/LABOR LAW SERVICES 2 3 Dated: , 2013 LAW OFFICE OF LINDA L. DAUBE 4 5 By: Linda Daube 6 7 8 Dated: , 2013 CITY OF SAN BERNARDINO 9 .r — 10 B : Patri•k J. Morris, Mayor 11 12 Approved as to form: 13 14 GARY D. SAENZ, City Attorney 15 16 By: - 17 18 19 20 21 22 23 24 25 26 F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 4 2013-327 r 1 PROFESSIONAL SERVICES AGREEMENT FOR EMPLOYMENT/LABOR LAW SERVICES 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the Law Office of 4 Linda L. Daube (hereinafter "DAUBE") are the parties to this Agreement. 5 2. DAUBE will be providing employment/labor law advice to the Human Resources 6 Division of the City of San Bernardino,and any other designated officer or employee of the CITY. 7 DABUE shall not represent any client in any type of claim against the CITY without prior written 8 approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 9 3. DAUBE shall be paid at the hourly rates set forth below: 10 Attorneys - $225.00 per hour. 11 The amounts expended under this agreement for attorney fees shall not exceed $70,000 12 without further approval of the Mayor and Common Council. 13 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day of 14 each succeeding month. 15 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 17 DAUBE may include a single charge in an amount not to exceed four percent(4%)of attorney fees 18 in lieu of reimbursement for photocopying, telephone charges, and postage. 19 6. If attorney fees are charged "portal to portal" (e.g., from office to court and return), 20 then DAUBE shall not be entitled to reimbursement for mileage and parking fees. 21 7. Status reports will be submitted to the CITY through the City Attorney's Office 22 whenever any significant event occurs. 23 8. Only Linda Daube of The Law Office of Linda L. Daube or another senior attorney 24 approved by the City shall provide the services under this agreement. 25 9. No client development costs are to be included in billings. 26 10. No continuing education expenses are to be included in billings. F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 1 2013-327 1 11. Either party may terminate this Agreement at will. DAUBE will continue to 2 represent the CITY on the terms and conditions in this Agreement until notice is given by the 3 CITY of termination of the Agreement. 4 12. DAUBE is an independent contractor as to the CITY. 5 13. DAUBE shall maintain the following types of insurance with limits as shown: 6 a) Workers Compensation as required by the laws of the State of California, 7 including Employment Liability with $250,000 limits covering all persons 8 providing service on behalf of A&L and all risks to such persons under this 9 Agreement. DAUBE shall require its Workers Compensation carrier to waive all 10 rights of subrogation against the CITY and its officers and employees and any 11 others for whom services are being provided under this Agreement. 12 b) Comprehensive General and Automobile Liability Insurance coverage to 13 include contractual coverage and automobile coverage for owned, hired and 14 non-owned vehicles. The policy shall have at least a combined single limit of 15 $1,000,000 for bodily injury and property damage. 16 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. 17 In lieu of naming the CITY as an additional insured,the policy may be endorsed as 18 follows: "Insurance coverage afforded by this policy shall also apply 19 to the liability assumed by the Insured under the Agreement with the CITY OF SAN BERNARDINO for legal services, provided such 20 liability results from an error, omission or negligent act of the insured, its officers, employees, agents, or subcontractors. All 21 other provisions of this policy are to remain unchanged." 22 23 DAUBE shall furnish certificates of insurance and certified copies of all policies 24 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 25 prior to the commencement of performance of services hereunder, which certificates shall provide 26 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 77 F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 2 2013-327 1 City Attorney's Office, and shall maintain such insurance from the time DAUBE 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 6 Agreement, their employees, agents, volunteers and officers as additional named insureds with 7 respect to liabilities arising out of the performance of services hereunder. 8 All policies required above are to be primary and non-contributing with any insurance 9 policies or self-insurance programs carried or administered by the CITY or other parties 10 represented under this Agreement. 11 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office 12 CITY OF SAN BERNARDINO 300 North "D" Street 13 San Bernardino, CA 92418 14 /// 15 /// 16 1/I 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 3 2013-327 1 PROFESSIONAL SERVICES AGREEMENT FOR EMPLOYMENT/LABOR LAW SERVICES 2 /) 3 Dated: �C/ , 2013 LAW OFFICE • .INDA . DAUBE 4 5 : Linda Daube 6 7 8 Dated: , 2013 CITY OF SAN BERNARDINO 9 — 10 B : Patri•k J. Morris, Ma or 11 12 Approved as to form: 13 14 GARY D. SAENZ, City Attorney 15 16 By: - 17 46 18 19 20 21 22 23 24 25 26 11 F:\GRIDER\OUTSIDE COUNSEL PSA'S\DAUBE PSA.DOCX 4