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HomeMy WebLinkAbout2013-345 RESOLUTION NO. 2013-345 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY 3 OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CIVIL SERVICE CASE OF 4 P-1309-1 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 Mundell, 9 Odlum & Haws and the City of San Bernardino for legal services in the Civil Service case of 10 P-1309-1 a copy of which is 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 2013-345 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY 2 OF SAN BERNARDINO FOR LEGAL SERVICES IN THE CIVIL SERVICE CASE OF 3 P-1309-1 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 16th 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 18 Georgeann Hanna, City Clerk 19 The foregoing Resolution is hereby approved this 11 t2t. day of DecemberZ0 ,2013. 21 Patri i k J. Morris, 22 •f San Bernardino 23 Approved as to form: 24 GARY D. SAENZ, City Attorney 25 6_0‘t_ 26 By' CJt,c-cc� l 27 28 2013-345 1 PROFESSIONAL SERVICES AGREEMENT Civil Service Case of P-1309-1 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 4 MUNDELL, ODLUM& HAWS (hereinafter "MO&H") are the parties to this Agreement. 5 2. MO&H will be representing the following entities and persons in the civil 6 service case of PS12I-16: CITY OF SAN BERNARDINO and the SAN BERNARDINO 7 POLICE DEPARTMENT. MO&H shall not represent any client in any type of claim against 8 the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO 9 through the City Attorney's Office. 10 3. MO&H shall be paid at the hourly rates set forth below: 11 Attorneys - $200.00 per hour; and, 12 Law Clerks/Paralegals - $65.00 per hour. 13 The amounts expended under this agreement for attorney's fees shall not exceed 14 $25,000 without further approval of the Mayor and Common Council. 15 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day 16 of each succeeding month. 17 5. The actual cost for filing fees, telephone charges, photocopying, postage, 18 lodging, mileage and related travel costs shall be itemized when submitted to the CITY for 19 reimbursement. MO&H may include a single charge in an amount not to exceed four percent 20 (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 21 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 22 return),then MO&H shall not be entitled to reimbursement for mileage and parking fees. 23 7. MO&H shall obtain approval from the CITY to retain expert consultants and 24 other professionals (not including court reporters) for purposes of defending the litigation. 25 MO&H may, if it chooses, pay the fees and charges of such consultants and seek reimbursement 26 from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a 27 request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior 28 • 2013-345 1 approval of the CITY'S 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 4 sufficient to set reserves, including, without limitation, potential liability exposure and 5 percentage of fault 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 8 attorneys in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants 10 in 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. Odlum of MUNDELL, ODLUM & HAWS or other senior 17 attorney approved by the CITY shall try this case. 18 14. No client development costs are to be included in billings. 19 15. No continuing education expenses are to be included in billings. 20 16. 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 23 represent the CITY on the terms and conditions in this Agreement until the case and file are 24 transferred to another attorney. 25 18. MO&H is an independent contractor as to the CITY. 26 19. MO&H shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws of the State of 28 2013-345 1 California, including Employment Liability with $250,000 limits covering all 2 persons providing service on behalf of MO&H and all risks to such persons 3 under this Agreement. MO&H shall require its Workers Compensation 4 carrier to waive all rights of subrogation against the CITY and its officers and 5 employees and any others for whom services are being provided under this 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 10 single limit of$1,000,000 for bodily injury and property damage. 11 c) Professional Liability Insurance with limits of at least 12 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, 13 the policy may be endorsed as follows: 14 "Insurance coverage afforded by this policy shall also apply to the 15 liability assumed by the Insured under the Agreement with the CITY OF SAN 16 BERNARDINO for legal defense services,provided such liability results from 17 an error, omission or negligent act of the insured, its officers, employees, 18 agents or subcontractors. All other provisions of this policy are to remain 19 unchanged." 20 MO&H shall furnish certificates of insurance and certified copies of all policies 21 and endorsements to the City Attorney's Office evidencing the insurance coverage above 22 required prior to the commencement of performance of services hereunder, which certificates 23 shall provide that such insurance shall not be terminated or expire without thirty(30)days written 24 notice to the City Attorney's Office, and shall maintain such insurance from the time MO&H 25 commences performance of services hereunder until the completion of such services. 26 All policies, with respect to the insurance coverage above required, except for 27 the Workers Compensation insurance coverage and professional liability coverage, if applicable, 28 2013-345 1 shall obtain additional endorsements naming the CITY and all parties represented under this 2 Agreement, their employees, agents, volunteers and officers as additional named insured with 3 respect to liabilities arising out of the performance of services hereunder. 4 All policies required above are to be primary and non-contributing with any 5 insurance or self-insurance programs carried or administered by the CITY or other parties 6 represented under this Agreement. 7 20. All communications and billings to the CITY are to be directed as follows: 8 City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street 9 San Bernardino, CA 92418 10 DATED: December , 2013 MUNDELL, ODLUM & HAWS 11 12 13 By: James A. Odlum 14 15 DATED: December 11 , 2013 CITY OF SAN BERNARDINO 16 17 18 : Pa, ick J. Morris, 19 20 21 Approved as to form: 22 GARY D. SAENZ, 23 City Attorney 24 25 By: 26 27 28 • 2013-345 1 PROFESSIONAL SERVICES AGREEMENT Civil Service Case of P-1309-1 2 3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 4 MUNDELL, ODLUM& HAWS (hereinafter "MO&H") are the parties to this Agreement. 5 2. MO&H will be representing the following entities and persons in the civil P-I3oq-I 6 service case of P5 2I- 6. CITY OF SAN BERNARDINO and the SAN BERNARDINO 7 POLICE DEPARTMENT. MO&H shall not represent any client in any type of claim against 8 the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO 9 through the City Attorney's Office. 10 3. MO&H shall be paid at the hourly rates set forth below: 11 Attorneys - $200.00 per hour; and, 12 Law Clerks/Paralegals - $65.00 per hour. 13 The amounts expended under this agreement for attorney's fees shall not exceed 14 $25,000 without further approval of the Mayor and Common Council. 15 4. Bills shall be submitted at least on a monthly basis and no later than the 5th day 16 of each succeeding month. 17 5. The actual cost for filing fees, telephone charges, photocopying, postage, 18 lodging, mileage and related travel costs shall be itemized when submitted to the CITY for 19 reimbursement. MO&H may include a single charge in an amount not to exceed four percent 20 (4%) of fees in lieu of reimbursement for photocopying, telephone charges, and postage. 21 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 22 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees. 23 7. MO&H shall obtain approval from the CITY to retain expert consultants and 24 other professionals (not including court reporters) for purposes of defending the litigation. 25 MO&H may, if it chooses, pay the fees and charges of such consultants and seek reimbursement 26 from CITY on its periodic statement, or it may forward the consultant's bill to CITY with a 27 request that the CITY pay it directly. Consultants shall not bill the CITY directly without prior 28 2013-345 1 approval of the CITY'S 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 4 sufficient to set reserves, including, without limitation, potential liability exposure and 5 percentage of fault 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 8 attorneys in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants 10 in 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 17 attorney approved by the CITY shall try this case. 18 14. No client development costs are to be included in billings. 19 15. No continuing education expenses are to be included in billings. 20 16. 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 23 represent the CITY on the terms and conditions in this Agreement until the case and file are 24 transferred to another attorney. 25 18. MO&H is an independent contractor as to the CITY. 26 19. MO&H shall maintain the following types of insurance with limits as shown: 27 a) Workers Compensation as required by the laws of the State of 28 2013-345 1 California, including Employment Liability with $250,000 limits covering all 2 persons providing service on behalf of MO&H and all risks to such persons 3 under this Agreement. MO&H shall require its Workers Compensation 4 carrier to waive all rights of subrogation against the CITY and its officers and 5 employees and any others for whom services are being provided under this 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 10 single limit of$1,000,000 for bodily injury and property damage. 11 c) Professional Liability Insurance with limits of at least 12 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, 13 the policy may be endorsed as follows: 14 "Insurance coverage afforded by this policy shall also apply to the 15 liability assumed by the Insured under the Agreement with the CITY OF SAN 16 BERNARDINO for legal defense services,provided such liability results from 17 an error, omission or negligent act of the insured, its officers, employees, 18 agents or subcontractors. All other provisions of this policy are to remain 19 unchanged." 20 MO&H shall furnish certificates of insurance and certified copies of all policies 21 and endorsements to the City Attorney's Office evidencing the insurance coverage above 22 required prior to the commencement of performance of services hereunder, which certificates 23 shall provide that such insurance shall not be terminated or expire without thirty(30)days written 24 notice to the City Attorney's Office, and shall maintain such insurance from the time MO&H 25 commences performance of services hereunder until the completion of such services. 26 All policies, with respect to the insurance coverage above required, except for 27 the Workers Compensation insurance coverage and professional liability coverage, if applicable, 28 • 2013-345 1 shall obtain additional endorsements naming the CITY and all parties represented under this 2 Agreement, their employees, agents, volunteers and officers as additional named insured with 3 respect to liabilities arising out of the performance of services hereunder. 4 All policies required above are to be primary and non-contributing with any 5 insurance or self-insurance programs carried or administered by the CITY or other parties 6 represented under this Agreement. 7 20. All communications and billings to the CITY are to be directed as follows: 8 City Attorney's Office CITY OF SAN BERNARDINO 9 300 North "D" Street San Bernardino, CA 92418 10 DATED: December /9, 2013 MUNDELL, ODLUM& HAWS 11 12 13 By: . es A. Od 14 15 DATED: December t1 , 2013 CITY OF SAN BERNARDINO 16 17 _ 18 : Pa ick J. Morris, •l 19 20 21 Approved as to form: 22 23 GARY D. SAENZ, City Attorney 24 25 By: 26 27 28