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RESOLUTION (ID #2781) DOC ID: 2781
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 the Law Office of Linda L. Daube and
the City of San Bernardino for Employment and Labor Law Legal Services. (#2781)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On November 18, 2013, the Council approved retaining Linda Daube in Closed Session.
City Attorney Review:
Supporting Documents:
reso 2781 (PDF)
agrmt 2781 (PDF)
Updated: 11/20/2013 by Linda Sutherland �_
S.E.a
1 RESOLUTION NO.
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 N
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS: as
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7 SECTION I. 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 a
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Office of Linda L. Daube and the City of San Bernardino for legal services, a copy of which is Uj
10 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 3
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of no further effect if the agreement is not executed by both parties and returned to the Office of the a
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City Clerk within sixty(60) days following the effective date of this Resolution. o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITI
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF LINDA L. DAUBE ANE
2 THE CITY OF SAN BERNARDINO FOR EMPLOYMENT AND LABOR LAW LEGAL
3 SERVICES
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Commor. 2
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6 Council of the City of San Bernardino at a meeting 3
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7 thereof, held on the day of , 2013, by the c
following vote, to wit: E
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 2
CL
g MARQUEZ W
10 JENKINS c
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11 VALDIVIA a
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12 SHORETT °
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13 VACANT '
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14 JOHNSON
15 MULVIHILL
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18 Georgeann Hanna, City Clerk N
19 The foregoing Resolution is hereby approved this day of N
20 2013. c
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Patrick J. Morris,Mayor
22 City of San Bernardino E
23 Approved as to form: w
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24 GARY D. SAENZ,
City Attorney
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By' �
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■ 83
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1 PROFESSIONAL SERVICES AGREEMENT
2 FOR EMPLOYMENT/LABOR LAW SERVICES
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 in
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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 E
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8 approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. E
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9 3. DAUBE shall be paid at the hourly rates set forth below: _
10 Attorneys - $225.00 per hour. o
11 The amounts expended under this agreement for attorney fees shall not exceed $70,000 0
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.
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15 5. The actual cost for filing fees,telephone charges, photocopying,postage, lodging, a
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16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. a
17 DAUBE may include a single charge in an amount not to exceed four percent(4%)of attorney fees N
18 in lieu of reimbursement for photocopying,telephone charges, and postage. ti
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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. a
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.
FAGRIDERIOUTSIDE COUNSEL PSA'SIDAUBE PSA.DOCX 1
1 11. Either party may terminate this Agreement at will. DAUBE will continue tc
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: in
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6 a) Workers Compensation as required by the laws of the State of California, Y
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7 including Employment Liability with $250,000 limits covering all persons E,
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8 providing service on behalf of A&L and all risks to such persons under this 0
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9 Agreement. DAUBE shall require its Workers Compensation carrier to waive all c
10 rights of subrogation against the CITY and its officers and employees and any 2
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11 others for whom services are being provided under this Agreement. c
12 b) Comprehensive General and Automobile Liability Insurance coverage to
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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
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15 $1,000,000 for bodily injury and property damage.
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16 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. a
17 In lieu of naming the CITY as an additional insured,the policy may be endorsed as N
18 follows: oo
"Insurance coverage afforded by this policy shall also apply
19 to the liability assumed by the Insured under the Agreement with the E
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 E
21 other provisions of this policy are to remain unchanged."
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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
FAGRIDEMUTSIDE COUNSEL PSA'STAUBE PSA.DOCX 2
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1 City Attorney's Office, and shall maintain such insurance from the time DAUBE commence:
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 in
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6 Agreement, their employees, agents, volunteers and officers as additional named insureds with w
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7 respect to liabilities arising out of the performance of services hereunder. E
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8 All policies required above are to be primary and non-contributing with any insurance E
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9 policies or self-insurance programs carried or administered by the CITY or other parties c
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10 represented under this Agreement. 0
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11 20. All communications and billings to the CITY are to be directed as follows: c
City Attorney's Office d
12 CITY OF SAN BERNARDINO
300 North"D" Street o
13 San Bernardino, CA 92418
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FAGRIDEMOUTSIDE COUNSEL.PSA'S\DAUBE PSA.DOCX 3
I PROFESSIONAL SERVICES AGREEMENT
2 FOR EMPLOYMENT/LABOR LAW SERVICES
3 Dated: ,2013 LAW OFFICE OF LINDA L. DAUBE
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5 By: Linda Daube rn
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8 Dated: ,2013 CITY OF SAN BERNARDINO a
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By: Patrick J. Morris, Mayor m
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Approved as to form: c
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14 GARY D. SAENZ,
15 City Attorney 3
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