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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: July 3, 2002
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Subject: Professional Services Agreement
between the City of San Bernardino and
the law firm of Mundell, Odium & Haws
to represent the City and designated City
Departments, in all proceedings in regard
to, or arising out of, a specified
disciplinary action.
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Synopsis of Previous Council Action:
Mayor and Council approved the hiring of Mundell, Odium & Haws to represent the City and
designated City Departments in the subject action.
Recommended motion:
The Mayor and Common Council adopt the resolution.
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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Agenda Item No.
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STAFF REPORT
Council Meeting Date: July 15. 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
July 3, 2002
Professional Services Agreement between the City of San Bernardino
and the law firm of Mundell, Odium & Haws to represent the City and
designated City Departments, in all proceedings in regard to, or arising
out of, a specified disciplinary action.
The Mayor and Common Council approved the law firm of Mundell, Odium & Haws to
represent the City, specifically the San Bernardino Police Department, in all administrative and/or
judicial proceedings in regard to, or arising out of the disciplinary action against Ronald Van
Rossum. Attached hereto is the Professional Services Agreement which reflects such approval.
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.
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RESOLUTION NO.
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 TO REPRESENT THE CITY AND DESIGNATED CITY
DEPARTMENTS, IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A
SPECIFIED DISCIPLINARY ACTION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City a Professional Services Agreement between Mundell, Odium &
Haws for legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the City
Clerk within sixty (60) days following the effective date of the resolution.
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RLS!is IV ANROSSUM.RES] ]
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY
OF SAN BERNARDINO TO REPRESENT THE CITY AND DESIGNATED CITY
3 DEPARTMENTS, IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF, A
SPECIFIED DISCIPLINARY ACTION.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Conunon Council of the City of San Bernardino at a
meetin
thereof, held on the
day of
AYES
, 2002, by the following vote, to wit
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COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
NAYS
ABST AIN ABSENT
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CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
JUDITH VALLES, Mayor
City of San Bernardino
22 Approved as to form and
legal content:
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JAMES F. PENMAN,
24 City Attorney
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RLS/js [VANROSSUM.RES]
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PROFESSIONAL SERVICES AGREEMENT
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I.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
3 MUNDELL ODLUM & HAWS ("M,O&H") are the parties to this Agreement.
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M,O&H will be representing the CITY, specifically the San Bernardino Police
5 Department. in all administrative andlor judicial proceedings in regard to, or arising out ot: the
6 disciplinary action against Ronald Van Rossum. M.O&H shall not represent any client in any type
7 of claim against the CITY without prior written approval to do so from the CITY OF SAN
8 BERNARDINO through the City Attorney's Office.
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M,O&H shall be paid at the hourly rates set forth below:
10 Attorneys - $150.00 per hour; and,
11 Paralegals - $ 65.00 per hour.
12 The amounts eXJlended under this agreement for attorneys fees shall not exceed
13 $30.000 without further approval of the Mayor and Common Council.
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4.
Bills shall be submitted at least quarterly.
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5.
The actual cost for filing fees. telephone charges, photocopying. postage, lodging,
16 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
17 M.O&H may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
18 of reimbursement for photocopying. telephone charges, and postage.
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6.
If attorney's fees are charged "portal to portal" (e.g., from office to court and
20 return), then M,O&H shall not be entitled to reimbursement for mileage and parking fees.
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7.
M,O&H shall obtain approval from the CITY to retain expert consultants and other
22 professionals (not including court reporters) for purposes of representing the San Bernardino Police
23 Department in this matter. M,O&H may, if it chooses, pay the fees and charges of such consultants
24 and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's
25 bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY
26 directly without prior approval of the CITY'S Finance Department.
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8.
Counsel will prepare status reports when appropriate.
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RLS/ed [V ANROS.AGR]
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Exhibit "A"
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9. Copies of all opinions, pleadings. discovery and motions shall be provided to the
City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
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3 in this. or other litigation.
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10.
Copies of any correspondence and other documents sent to any of the defendants
5 in this action shall also be provided to the CITY through the City Attorney's Office.
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Any and all settlements shall require CITY approval. Request for settlement
7 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
8 approvals.
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12.
Only James D. OdIum of MUNDELL, ODLUM & HAWS or other senior attorney
10 approved by the CITY shall handle this case.
13.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Either party may terminate this contract at will. M,O&H will continue to represent
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the CITY on the terms and conditions in this Agreement until the case and file are transferred to
another attorney.
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M.O&H is an independent contractor as to the CITY.
M,O&H shall maintain the following types of insurance with limits as shown:
a)
Workers Compensation as required by the laws of the State
of California, including Employment Liability with $250,000 limits
covering all persons providing service on behalf of M,O&H and all risks
to such persons under this Agreement. M,O&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 Agreement.
b)
Comprehensive General and Automobile Liability
Insurance coverage to include contractual coverage and automobile
coverage for owned, hired and non-owned vehicles. The policy shall have
at least a combined single limit of $1,000,000 for bodily injury and
RLS/ed [VANROS.AGR]
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Exhibit "A"
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property damage.
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c) Professional Liability Insurance with limits of at least
$1.000.000 per claim. In lieu of naming the CITY as an additional
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insured, the policy may be endorsed as follows:
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"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."
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M,O&H shall furnish certificates of insurance and certified copies of all policies
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and endorsements to the City Attorney's Office evidencing the insurance coverage above required
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prior to the commencement of perfom1ance of services hereunder, which certificates shall provide
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that such insurance shall not be terminated or expire without thirty (30) days written notice to the
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Citv Attornev's Office, and shall maintain such insurance from the time M,O&H commences
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performance of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required. except for the
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16 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
17 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
18 their employees, agents, volunteers and officers as additional named insured with respect to
19 liabilities arising out of the performance of services hereunder.
20 All policies required above are to be primary and non-contributing with any
21 1l1surance or self-insurance programs carried or administered by the CITY or other parties
22 represented under this Agreement.
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RLS/ed [V ANROS.AGR]
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Exhibit "A"
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20.
All communications and billings to the CITY are to be directed as follows:
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City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
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DATED:
.2002
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DATED:
,2002
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19 Approved as to Form and
legal content:
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JAMES F. PENMAN,
21 City Attorney
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RLS/ed [VANROS.AGR]
MUNDELL. ODLUM & HAWS
By: James Odium
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
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Exhibit "A"
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CITY OF SAN BERNARDIffitlIVED_CIT'f CLERK
Interoffice Memorandum
CITY CLERK'S OFFICE .
Records and Information Management (JJl) ~ P 3 :44
DATE:
July 18, 2002
TO:
Edna De Vellis, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-227
At the Mayor and Common Council meeting of July 15, 2002, the City of San Bernardino
adopted Resolution 2002-227 - Resolution authorizing the execution of a professional services
agreement between Mundell, OdIum & Haws and the City to represent the City and designated
City departments in all proceedings in regard to, or arising out of a specified disciplinary
action.
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by September 13, 2002.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: ~ &,'V~
Date: 1/;.;..1 b,J-
Please sign and return
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 8, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-227 - Agreement with Mundell, OdIum & Haws
CC:
Attached is a fully executed copy of the agreement with Mundell, Odium & Haws to represent
the City and designated City departments in all proceedings in regard to, or arising out of, a
specified disciplinary action. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): if -15 -0 :;) Item #
Vote: Ayes 1- ') Nays -cr
Change to motion to amend original documents:
JOOd -d {) I)
Absent -e-
I I Resolution #
Abstain .-e--
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: fi -\ (" -0 d-
Date of Mayor's Signature: '1- n -C) 'J-
Date ofClerklCDC Signature: ')-n-o.;;>-
NullNoid After: CoO O/+'{.) I C{-(3-0.:L
I
By: -
Reso. Log Updated:
Seal Impressed:
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60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: / Date Returned: ~-?-O~
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
f) -( ~-o %r
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes L No By
Yes No ,/ By
-
Yes No ,/ By
Yes NO-f By
Yes No_ By_
EDA
Finance ,./
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: jY1""- Date: ~~K.-o:Y
Revised 01/\2/01