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RESOLUTION (ID# 2780) DOC ID: 2780 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jolena E. Grider M/CC Meeting Date: 12/02/2013
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Professional Services Agreement Between Mundell, Odlum&Haws and the City
of San Bernardino for Legal Services in the Civil Service Case of PS12I-16. (#2780)
Current Business Registration Certificate: Yes
Financial Impact:
There are sufficient funds available in the 2013-14 budget.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On November 18, 2013,the Council authorized the City to retain Jim Odlum for this matter in
Closed Session.
City Attorney Review:
Supporting Documents:
reso 2780 (PDF)
agrmt 2780 (PDF)
Updated: 11/21/2013 by David Cain A Packet,Pg.74'
RESOLUTION NO.
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 PS12I-16
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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6 N
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7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and v
8 directed to execute on behalf of said City a Professional Services Agreement between Mundell,
9 Odium & Haws and the City of San Bernardino for legal services in the Civil Service case of cn
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PS 121-16 a copy of which is attached hereto and incorporated herein as Exhibit "A."
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SECTION 2. The authorization granted by this Resolution shall expire and be void and E
12 of no further effect if the agreement is not executed by both parties and returned to the Office of the o
13 City Clerk within sixty(60) days following the effective date of this Resolution. 3
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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 PS12I-16
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common ;
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Council of the City of San Bernardino at a meeting
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7 thereof, held on the day of , 2013, by the a N
following vote,to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ in
i0 JENKINS
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11 VALDIVIA `P
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12 SHORETT
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13 VACANT s
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14 JOHNSON
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15 MULVIHILL
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18 Georgeann Hanna, City Clerk Q
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19 The foregoing Resolution is hereby approved this day of a
20 ,2013.
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21 Patrick J. Morris, Mayor
22 City of San Bernardino .2
23 Approved as to form:
24 GARY D. SAENZ,
City Attorney
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By: t-4'
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1 PROFESSIONAL SERVICES AGREEMENT
2 Civil Service Case of PS12I-I 6
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 N
6 service case of PS 121-16: CITY OF SAN BERNARDINO and the SAN BERNARDINO a
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7 POLICE DEPARTMENT. MO&H shall not represent any client in any type of claim against �
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8 the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO Z
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9 through the City Attorney's Office. Cn
10 3. MO&H shall be paid at the hourly rates set forth below: o
11 Attorneys- $200.00 per hour; and, E
12 Law Clerks/Paralegals - $65.00 per hour. o
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13 The amounts expended under this agreement for attorney's fees shall not exceed 3
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14 $25,000 without further approval of the Mayor and Common Council. E
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15 4. Bills shall be submitted at least on a monthly basis and no later than the 51"day a
16 of each succeeding month. co
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17 5. The actual cost for filing fees, telephone charges, photocopying, postage, o
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18 lodging, mileage and related travel costs shall be itemized when submitted to the CITY for
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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 o
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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
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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.
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6 9. Copies of all opinions,pleadings,discovery and motions shall be provided to the a
7 City Attorney's Office which may reproduce same and provide copies to other parties or
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8 attorneys in this, or other litigation.
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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.
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11 11. Any and all settlements shall require CITY approval. Request for settlement E
12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY O
13 approvals. 3
14 12. In the event the settlement value of the case appears to exceed$50,000,the City E
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15 Attorney's Office shall be notified immediately. a
16 13. Only James A. Odlum of MUNDELL, ODLUM & HAWS or other senior o
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17 attorney approved by the CITY shall try this case. o
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18 14. No client development costs are to be included in billings.
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19 15. No continuing education expenses are to be included in billings.
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20 16. Final billing shall be accompanied by copies of the Request for Dismissal, E
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 Q
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
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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
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6 Agreement. a.
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7 b) Comprehensive General and Automobile Liability Insurance
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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 N
10 single limit of$1,000,000 for bodily injury and property damage. c
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11 c) Professional Liability Insurance with limits of at least E
12 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, 0
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13 the policy may be endorsed as follows:
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14 "Insurance coverage afforded by this policy shall also apply to the E
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15 liability assumed by the Insured under the Agreement with the CITY OF SAN
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16 BERNARDINO for legal defense services,provided such liability results from co
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17 an error, omission or negligent act of the insured, its officers, employees, o
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18 agents or subcontractors. All other provisions of this policy are to remain
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19 unchanged."
20 MO&H shall furnish certificates of insurance and certified copies of all policies d
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21 and endorsements to the City Attorney's Office evidencing the insurance coverage above r
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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,
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1 shall obtain additional endorsements naming the CITY and all parties represented under thi:
2 Agreement, their employees, agents, volunteers and officers as additional named insured witf
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 N
6 represented under this Agreement. a
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7 20. All communications and billings to the CITY are to be directed as follows: U
City Attorney's Office 0)
8 CITY OF SAN BERNARDINO '2
300 North "D" Street
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9 San Bernardino, CA 92418 —
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11 DATED: December_, 2013 MUNDELL, ODLUM&HAWS 0
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13 By: James A. Odium
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15 DATED: December_, 2013 CITY OF SAN BERNARDINO Q
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By: Patrick J. Morris,Mayor N
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22 Approved as to form: a
GARY D. SAENZ,
23 City Attorney
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25 By:
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