HomeMy WebLinkAbout09-City Attorney CITY OF SAN BER.NARDINO - REQUEST FOR COUNCIL ACTION
DIalKIAI
From: JAMES F. PENMAN Subject: Professional Services Agreement between the City
CITY ATTORNEY of San Bernardino and the law firm of Mundell, Odlum&Haws
to represent the City of San Bernardino for the purpose of
rendering legal services in the Civil Service Hearing of Steve
Lowes.
Dept: CITY ATTORNEY
Date: May 8, 2007 MCC Meeting: May 21, 2007
Synopsis of Previous Council Action:
05/07/07- Mayor and Council approved the retention of the Law Firm of Mundell, Odlum &
Haws to represent the City in the Civil Service Hearing of Steve Lowes.
Recommended motion:
That the Mayor and Common Council adopt the resolution.
Signature
Contact person: Stephanie D. Easland Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Committee Notes: c.2-00-7 —
Agenda Item No.
SDE/ed/Lowes[Civil Svc.rca.wpd]
STAFF REPORT
Council Meeting Date: May 21, 2007
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: May 16, 2007
AGENDA ITEM: Professional Services Agreement between the City of San Bernardino
and the law firm of Mundell, Odlum & Haws to represent the City of
San Bernardino for the purpose of rendering legal services in the Civil
Service Hearing of Steve Lowes.
The Mayor and Common Council approved the law firm of Mundell, Odlum & Haws to
represent the City in the above-referenced Civil Service matter. 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 City Manager
is authorized to execute said Professional Services Agreement on behalf of the City of San
Bernardino.
That the City Manager for 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,Odlum&Haws to represent the City in the Civil Service Hearing of Steve Lowes.
Attachment
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SDE/ed/Lowes[CivilSvc.staffreport.wpd]
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I RESOLUTION NO.
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 CIVIL SERVICE HEARING OF STEVE LOWES.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager for 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, a copy of which is attached
10 hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
1.1 length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
i 13 further effect if the agreement is not executed by both parties and returned to the Office of the City
14 Clerk within sixty (60) days following the effective date of the resolution.
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SDE/ed/Lowes[CivilSvc.Res.wpd] 1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY
3 OF SAN BERNARDINO IN THE CIVIL SERVICE HEARING OFSTEVE LOWES.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2007, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18 CITY CLERK
19
20 The foregoing Resolution is hereby approved this day of , 2007.
21
22 PATRICK J. MORRIS, Mayor
23 City of San Bernardino
Approved as to form:
24
JAMES F. PENMAN,
25 City Attorney
26
By:
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S DE/ed/Lowes[CivilSvc.Res.wpd] 2
EXHIBIT "A"
1 PROFESSIONAL SERVICES AGREEMENT
2 In the Civil Service Hearing of Steve Lowes
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 MUNDELL, ODLL`M & HAWS (hereinafter "MO&H") are the parties to this Agreem4t.
5 2. MO&H will be representing the CITY OF SAN BERNARDINO, for the purpose
6 of rendering legal services in the Civil Service Hearing of Steve Lowes. MO&H shall not represent
7 any client in any type of claim against the CITY without prior written approval to do so from the
8 CITY through the City Attorney's Office.
9 3. MO&H shall be paid at the hourly rates set forth below:
10 Attorneys - 8200.00 per hour; and,
11 Paralegals - S 65.00 per hour.
12 The amounts expended under this agreement for attorneys fees shall not exceed
13 S20,000 without further approval of the Mayor and Common Council.
14 4. Bills shall be submitted at least on a monthly basis and no later than the 5`h day of
15 each succeeding month.
16 5. The actual cost for filing fees,telephone charges,photocopying,postage,lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 MO&H may include a single charge in an amount not to exceed four percent (4940) of fees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
21 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
22 7. MO&H shall obtain approval from the CITY to retain expert consultants and other
23 professionals(not including court reporters)for purposes of defending the litigation. MO&H may,
24 if it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on
25 its periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY
226 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
27 Finance Department.
28 8. Status reports will be submitted to CITY through the City Attorney's Office
SDF./ed/Lowes(Civi)Svc.ProtSvcsAgrl 1
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EXHIBIT "A"
1 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
2 to set reserves, including, without limitation, potential liability exposure and ercenta e of fault
P g
3 shall be included.
4 9. James Odlum shall perform the legal work set forth in this agreement.
5 10. Copies of any correspondence and other documents sent to any other party in this
6 matter shall also be provided to the CITY through the City Attorney's Office.
7 11. Any and all settlements shall require CITY approval. Request for settlement
8 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
9 approvals.
10 12. In the event the settlement value of the matter appears to exceed$50,000, the City
11 Attorney's Office shall be notified immediately.
12 13. Copies of all opinions shall be provided to the City Attorney's Office.
13 14. No client development-costs are to be included in billings.
14 15. No continuing education expenses are to be included in billings.
15 16. Final billing shall be accompanied by copies of Settlement and Release and any
16 other final documents.
17 17. Either CITY or MO&H may terminate this contract at will. MO&H will continue
18 to represent the CITY OF SAN BERNARDINO on the terms and conditions in this Agreement
19 until the matter is resolved or transferred to another attorney.
20 18. MO&H is an independent contractor as to the CITY.
21 19. MO&H shall maintain the following types of insurance with limits as shown:
22 a) Workers Compensation as required by the laws of the State of
23 California, including Employment Liability with $250,000 limits covering all
24 persons providing service on behalf of MO&H and all risks to such persons
25 under this Agreement. MO&H shall require its Workers Compensation carrier
26 to waive all rights of subrogation against the CITY and its officers and
27 employees and any others for whom services are being provided under this
28 Agreement.
SDE,ed/Lo wes[CivIISvc.Profs vcsAgrj 2
EXHIBIT "A"
1 b) Comprehensive General and Automobile Liability Insurance
2 coverage to include contractual coverage and automobile coverage for owned,
3 hired and non-owned vehicles. The policy shall have at least a combined single
4 limit of 51,000,000 for bodily injury and propertyd'amage.
5 c) Professional Liability Insurance with limits of at least S 1,000,000
6 per claim. In lieu of naming the CITY as an additional insured, the policy may
7 be endorsed as follows:
8 "Insurance coverage afforded by this policy shall also apply to the
9 liability assumed by the Insured under the Agreement with the CITY OF SAN
10 BERNARDINO for legal defense services, provided such liability results from
1 an error,omission or negligent act of the insured,its officers,employees, agents
12 or subcontractors. All other provisions of this policy are to remain unchanged."
13 MO&H shall furnish certificates of insurance and certified copies of all policies
14 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
15 prior to the commencement of performance of services hereunder, which certificates shall provide
16 that such insurance shall not be terminated or expire without thirty(30) days written notice to the
17 City Attorney's Office, and shall maintain such insurance from the time MO&H commences
18 performance of services hereunder until the completion of such services.
19 All policies,with respect to the insurance coverage above required,except for the
220 Workers Compensation insurance coverage and professional liability coverage,if applicable,shall
21 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
22 their employees, agents, volunteers and officers as additional named insured with respect to
23 liabilities arising out of the performance of services hereunder.
24 All policies required above are to be primary and non-contributing with any
25 insurance or self-insurance programs carried or administered by the CITY or other parties
2 6 represented under this Agreement.
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SDE/ed/Low'es[CivilSvc.ProfSvcsAgr] 3
EXHIBIT "A"
1 20. All communications and billings to the CITY are to be
2 directed as follows:
3 City Attorney's Office
CITY OF SAN BERNARDINO
4 300 North "D" Street, Room 668
San Bernardino, CA 92418
5
6 DATED: May , 2007 MUNDELL, ODLUM & HAWS
7
8
By: James Odlum
9
10
DATED: May , 2007 CITY OF SAN BERNARDINO
11
12
13 By: Fred Wilson, City Manager
14
15
16 Approved as to form:
17 JAMES F. PENMAN,
City Attorney
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By:
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SDE/ed'Lowes[CivilSvc.ProfSvcsAgrl 4
: 1 PROFESSIONAL SERVICES AGREEMENT
2 In the Civil Service Hearing of Steve Lowes
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law fine of
4 MUNDELL, ODLUM & HAWS (hereinafter "MO&H") are the parties to4tis Agreement.
5 2. MO&H will be representing the CITY OF SAN BERNARDINO,for the purpose
6 of rendering legal services in the Civil Service Hearing of Steve Lowes. MO&H shall not represent
7 any client in any type of claim against the CITY without prior written approval to do so from the
8 CITY through the City Attorney's Office.
9 3. MO&H shall be paid at the hourly rates set forth below:
10 Attorneys - $200.00 per hour; and,
1:1 Paralegals - $ 65.00 per hour.
12 The amounts expended under this agreement for attorneys fees shall not exceed
13 $20,000 without further approval of the Mayor and Common Council.
14 4. Bills shall be submitted at least on a monthly basis and no later than the 5`h day of
15 each succeeding month.
16 5. The actual cost for filing fees,telephone charges,photocopying,postage,lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 MO&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
19 of reimbursement for photocopying, telephone charges, and postage.
20 6. If attorney's fees are charged "portal to portal" (e.g., from office to court and
21 return), then MO&H shall not be entitled to reimbursement for mileage and parking fees.
22 7. MO&H shall obtain approval from the CITY to retain expert consultants and other
23 professionals(not including court reporters)for purposes of defending the litigation. MO&H may,
24 if it chooses,pay the fees and charges of such consultants and seek reimbursement from CITY on
25 its periodic statement,or it may forward the consultant's bill to CITY with a request that the CITY
26 pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
27 Finance Department.
28 8. Status reports will be submitted to CITY through the City Attorney's Office
SDE/ed/Lowes[CivilSvc.ProfSvcsAgr] 1
1 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
2 to set reserves, including, without limitation, potential liability exposure and percentage of fault
° 3 shall be included.
4 9. James Odlum shall perforrn the legal work set forth in this agreement.
5 10. Copies of any correspondence and other documents sent to any other party in this
6 matter shall also be provided to the CITY through the City Attorney's Office.
7 11. Any and all settlements shall require CITY approval. Request for settlement
8 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
9 approvals.
10 12. In the event the settlement value of the matter appears to exceed$50,000,the City
11 Attorney's Office shall be notified immediately.
12 13. Copies of all opinions shall be provided to the City Attorney's Office.
13 14. No client development costs are to be included in billings.
14 15. No continuing education expenses are to be included in billings.
15 16. Final billing shall be accompanied by copies of Settlement and Release and any
16 other final documents.
17 17. Either CITY or MO&H may terminate this contract at will. MO&H will continue
18 to represent the CITY OF SAN BERNARDINO on'the terms and conditions in this Agreement
19 until the matter is resolved or transferred to another attorney.
20 18. MO&H is an independent contractor as to the CITY.
21 19. MO&H shall maintain the following types of insurance with limits as shown:
22 a) Workers Compensation as required by the laws of the State of
23 California, including Employment Liability with $250,000 limits covering all
2 4 persons providing service on behalf of MO&H and all risks to such persons
25 under this Agreement. MO&H shall require its Workers Compensation carrier
26 to waive all rights of subrogation against the CITY and its officers and
27 employees and any others for whom services are being provided under this
28 Agreement.
SDE/ed/Lowes[CivilSvc.PTO fSvcsAgrj 2
1 b) Comprehensive General and Automobile Liability Insurance
2 coverage to include contractual coverage and automobile coverage for owned,
3 hired and non-owned vehicles. The policy shall have at least a combined single
4 limit of$1,000,000 for bodily injury%nd property damage.
5 c) Professional Liability Insurance with limits of at least$1,000,000
6 per claim. In lieu of naming the CITY as an additional insured, the policy may
7 be endorsed as follows:
8 "Insurance coverage afforded by this policy shall also apply to the
9 liability assumed by the Insured under the Agreement with the CITY OF SAN
10 BERNARDINO for legal defense services,provided such liability results from
11 an error,omission or negligent act of the insured,its officers,employees,agents
12 or subcontractors. All other provisions of this policy are to remain unchanged."
13 MO&H shall furnish certificates of insurance and certified copies of all policies
14 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
15 prior to the commencement of performance of services hereunder,which certificates shall provide
16 that such insurance shall not be terminated or expire without thirty(30) days written notice to the
17 City Attorney's Office, and shall maintain such insurance from the time MO&H commences
18 performance of services hereunder until the completion of such services.
19 All policies,with respect to the insurance coverage above required,except for the
20 Workers Compensation insurance coverage and professional liability coverage,if applicable,shall
21 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
22 their employees, agents, volunteers and officers as additional named insured with respect to
23 liabilities arising out of the performance of services hereunder.
24 All policies required above are to be primary and non-contributing with any
25 insurance or self-insurance programs carried or administered by the CITY or other parties
26 represented under this Agreement.
27
28
SDE/el,Lowes[CivilSvc.ProfSvcsAgrl 3
1 20. All communications and billings to the CITY are to be
2 directed as follows:
3 City Attorney's Office
CITY OF SAN BERNARDINO
4 300 North "D" Street, Room 668
San Bernardino, CA 92418
5
6 DATED: May_, 2007 MUNDELL, ODLUM & HAWS
7
8
By: James Odlum
9
10
DATED: May_, 2007 CITY OF SAN BERNARDINO
11
12
13 By: Fred Wilson, City Manager
14
15
16 Approved as to form:
17 JAMES F. PENMAN,
City Attorney
18
19
By:
20
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SDE Jeddowes[CiviI Svc.ProfSvcsAgr] 4