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HomeMy WebLinkAbout10-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN CITY ATTORNEY Subject: Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odium & Haws to represent the City and its employees in the case of Tom Gronewald, Jean Gronewald v. City of San Bernardino, et al. Dept: CITY ATTORNEY Date: March 24, 2005 ORIGINAL Synopsis of Previous Council Action: 03/21/05- Mayor and Council approved the hiring of Mundell, Odium & Haws to represent the City and its employees in the subject court action. Recommended motion: The Mayor and Common Council adopt the resolution. '7. Signature Contact person: Stephanie D. Easland Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Committee Notes: ~..:! {)O~--71 SDE/ed[Gronewald.RCA] Agenda Item NO.-1..f) 'I /'1 /O~ STAFF REPORT Council Meeting Date: April 4. 2005 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney March 24, 2005 Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, OdIum & Haws to represent the City of San Bernardino in the case of Tom Gronewald, Jean Gronewald v. City of San Bernardino, et al. The Mayor and Common Council approved the law firm of Mundell, OdIum & Haws to represent the City in the above-referenced court action. Attached hereto is the Professional Services Agreement which reflects such approval, including a ceiling of $20,000 on attorney fees and the requirement of regular status reports. It is requested by the City Attorney that the floor motion be adopted so that the Mayor is authorized to execute said Professional Services Agreement on behalf of the City of San Bernardino. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Mundell, Odium & Haws to represent the City in the case of Tom Gronewald, Jean Gronewald v. City of San Bernardino, et al. SDE/ed[Gronewald.StaftRpt] o o o RESOLUTIONCD~Y 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 3 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY OF SAN BERNARDINO IN THE CASE OF TOM GRONEWALD, JEAN GRONEWALD v. 4 CITY OF SAN BERNARDINO, et aI. . 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 8 to execute on behalf of said City a Professional Services Agreement between Mundell, Odllim & 9 Haws and the City of San Bernardino for legal services, a copy of which is attached hereto 10 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 11 SECTION 2. The authorization granted hereunder shall expire and be void and of no 12 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 the resolution. 14 /11 15 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 11/ 21 11/ 22 11/ 23 11/ 24 /11 25 11/ 26 11/ 27 11/ 28 11/ SDE/ea[gonzales.res] o o o RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL 2 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM AND HAWS & THE CITY OF SAN BERNARDINO IN THE CASE OF TOM GRONEWALD, JEAN GRONEWALD v. 3 CITY OF SAN BERNARDINO, et aI. 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 meeting 6 thereof, held on the day of ,2005, by the following vote, to 7 wit: 8 COUNCIL MEMBERS: 9 ESTRADA 10 LONGVILLE II MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 19 20 2005. AYES NAYS ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of 21 22 23 JUDITH V ALLES, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 By: t~ f. (~ S"oozale,.,.,] 2 o o o 1 PROFESSIONAL SERVICES AGREEMENT 2 TOM GRONEWALD, JEAN GRONEWALD v. CITY OF SAN BERNARDINO, et al. 3 San Bernardino Superior Court Case No. SCVSS 114580 4 I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of 5 MUNDELL, ODLUM & HAWS (hereinafter "MO&H") are the parties to this Agreement. 6 2. MO&H will be representing the following entities and persons in this litigation: 7 CITY OF SAN BERNARDINO and its employees, CHIEF OF POLICE GARRETT ZIMMON; 8 ASSISTANT CHIEF MICHAEL BILLDT; LIEUTENANT MARK GARCIA, as well as former 9 employees, CAPTAIN ROBERT CURTIS and CAPTAIN WESLEY FARMER. MO&H shall not 10 represent any client in any type of claim against the CITY without prior written approval to do so 11 from the CITY OF SAN BERNARDINO through the City Attorney's Office. 12 3. MO&H shall be paid at the hourly rates set forth below: 13 Attorneys - $150.00 per hour; and, 14 Law Clerks/Paralegals - $50.00 per hour. 15 The amounts expended under this agreement for attorneys fees shall not exceed 16 $20,000 without further approval of the Mayor and Common Council. 17 4. Bills shall be submitted at least quarterly. 18 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 19 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 20 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu 21 of reimbursement for photocopying, telephone charges, and postage. 22 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and 23 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees. 24 7. MO&H shall obtain approval from the CITY to retain expert consultants and other 25 professionals (not including court reporters) for purposes of defending the litigation. MO&H may, 26 if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on 27 its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY 28 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S SDE/ed[Gronewald.Agr] 1 o o o 1 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 sufficient 4 to set reserves, including, without limitation, potential liability exposure and percentage of fault 5 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 attorneys 8 in this, or other litigation. 9 10. Copies of any correspondence and other documents sent to any of the defendants lOin this action shall also be provided to the CITY through the City Attorney's Office. 11 II. 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 attorney 17 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 represent 23 the CITY on the terms and conditions in this Agreement until the case and file are transferred to 24 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 California, including Employment Liability with $250,000 limits covering all SDE/ed[Gronewald.Agrj 2 o o o 1 persons providing service on behalf of MO&H and all risks to such persons under this Agreement. MO&H shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY and its officers and employees and any others for whom services are being provided under this 2 3 4 5 Agreement. 6 b) Comprehensive General and Automobile Liability Insurance 7 coverage to include contractual coverage and automobile coverage for owned, 8 hired and non-owned vehicles. The policy shall have at least a combined single 9 limit of $1 ,000,000 for bodily injury and property damage. 10 c) Professional Liability Insurance with limits of at least $1 ,000,000 11 per claim. In lieu of naming the CITY as an additional insured, the policy may be endorsed as follows: 12 13 "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 defense 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." 16 MO&H shall furnish certificates of insurance and certified copies of all policies 14 15 17 and endorsements to the City Attorney's Office evidencing the insurance coverage above required 18 prior to the commencement of performance of services hereunder, which certificates shall provide 19 that such insurance shall not be terminated or expire without thirty (30) days written notice to the 20 City Attorney's Office, and shall maintain such insurance from the time MO&H commences 21 performance of services hereunder until the completion of such services. 22 All policies, with respect to the insurance coverage above required, except for the 23 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 24 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 25 their employees, agents, volunteers and officers as additional named insured with respect to 26 liabilities arising out of the performance of services hereunder. 27 28 All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY or other parties SDE/ed[Gronewald.Agr] 3 o o o 20 21 22 23 24 25 26 27 28 I' 1 represented under this Agreement. 2 20. All communications and billings to the CITY are to be directed as follows: City Attorney's Office CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 3 4 5 6 DATED: March _, 2005 MUNDELL, ODLUM & HAWS 7 8 By: James A. Odium 9 10 DATED: March 22, 2005 CITY OF SAN BERNARDINO 11 12 13 By: Judith Valles, Mayor 14 15 16 17 18 19 Approved as to form and legal content: JAMES F. PENMAN, City Attorney Byr 'f. p~ SDE/ed[Gronewald.Agr] 4 RECEiVED CiTY f.,TTO~':l;EY CITY OF SAN BERNARDINQ Fen 12 Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program P'" 1 n re- I. _~.. _1 J DATE: April 11, 2005 TO: James Penman, City Attorney FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-71 At the Mayor and Common Council meeting of April 4, 2005, the City of San Bernardino adopted Resolution No. 2005-71 - Resolution authorizing the execution of a Professional Services Agreement between Mundell, OdIum & Haws and the City in the case of Tom Gronewald, Jean Gronewald v. City of San Bernardino et al. Attached are one (I) original agreement and two (2) duplicate original agreements. Please obtain signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's Office to my attention. Please keep the fully executed copies for your records and for the other party. Please be advised that the resolution and contract will be null and void if not executed within sixty (60) days, or by June 3, 2005. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~ IJ.; V..l.l~" .- Date: ..f./tz./ oS-- Please sign and return of'".