HomeMy WebLinkAbout10-City Attorney
. ;.; CFfY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
OR '1'\ " fA L
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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, specified
disciplinary actions.
From: JAMES F. PENMAN
CITY ATTORNEY
Date: July 2, 2001
Synopsis of Previous Council Action:
06/18/01-
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.
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Signature
Contact person:
Stephanie D. Easland
Phone:
5355
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Committee Notes:
Agenda Item No.
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SDElea[nichols.rca]
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STAFF REPORT
Council Meeting Date: Julv 9. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
July 2, 2001
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, specified disciplinary actions.
On June 18,2001, 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 Sean Nichols. 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.
Attachment
SDE/ea[ nichols.srp
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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,
SPECIFIED DISCIPLINARY ACTIONS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City Professional Services Agreement between Mundell, Odium &
10 Haws for legal services, a copy of which is attached hereto marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is no(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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10 ESTRADA
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15 ANDERSON
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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 TO REPRESENT THE CITY AND DESIGNATED CITY
DEPARTMENTS, IN ALL PROCEEDINGS IN REGARD TO, OR ARISING OUT OF,
4 SPECIFIED DISCIPLINARY ACTIONS.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meetin
8 thereof, held on the
9 COUNCIL MEMBERS:
day of
AYES
NAYS
,2001, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
. 2001.
JUDITH V ALLES. Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By: Lf.~
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PROFESSIONAL SERVICES AGREEMENT
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1.
The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 MUNDELL, ODLUM & HAWS ("M,O&H") are the parties to this Agreement.
5
2.
M,O&H will be representing the CITY, specifically the San Bernardino Police
6 Department, in all administrative and/or judicial proceedings in regard to, or arising out of, the
7 disciplinary action against Sean Nichols. M,O&H shall not represent any client in any type of claim
8 against the CITY without prior written approval to do so from the CITY OF SAN BERNARDINO
9 through the City Attorney's Office.
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3.
M,O&H shall be paid at the hourly rates set forth below:
Attorneys - $150.00 per hour; and,
Paralegals - $ 65.00 per hour.
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The amounts expended under this agreement for attorneys fees shall not exceed
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$20,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
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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 M,O&H may include a single charge in an amount not to exceed four percent (4%) offees in lieu
19 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
21 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
23 professionals (not including court reporters) for purposes of representing the San Bernardino Police
24 Department in this matter. M,O&H may, if it chooses, pay the fees and charges of such consultants
25 and seek reimbursement from CITY on its periodic statement, or it may forward the consultant's
26 bill to CITY with a request that the CITY pay it directly. Consultants shall not bill the CITY
27 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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SDElea [NICHOLS.AGR]
EXHIBIT "A"
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~ - 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
2
3 in this, or other litigation.
4
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,
6
11.
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 try this case.
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13. No client development costs are to be included in billings.
14. No continuing education expenses are to be included in billings.
15. . Either party may terminate this contract at will. M,O&H will continue to represent
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14 the CITY on the terms and conditions in this Agreement until the case and file are transferred to
15 another attorney.
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16.
17.
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:
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a)
Workers Compensation as required by the laws of the State
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of California, including Employment Liability with $250,000 limits
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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.
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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
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SDElea rNiCHOLS,AGR]
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at least a combined single limit of $1,000,000 for bodily injury and
property damage.
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c)
Professional Liability Insurance with limits of at least
4 $1,000,000 per claim. In lieu of naming the CITY as an additional
5 insured, the policy may be endorsed as follows:
6 "Insurance coverage afforded by this policy shall
also apply to the liability assumed by the Insured under the .
7 Agreement with the CITY OF SAN BERNARDINO for
legal defense services, provided such liability results from
8 an error, omission or negligent act of the insured, its
officers, employees, agents or subcontractors. All other
9 provisions of this policy are to remain unchanged."
10 M,O&H shall furnish certificates of insurance and certified copies of all policies
11 and endorsements to the City Attorney's Office evidencing the insurance coverage above required
12 prior to the commencement of performance of services hereunder, which certificates shall provide
13 that such insurance shall not be terminated or expire without thirty (30) days written notice to the
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City Attorney's Office, and shall maintain such insurance from the time M,O&H commences
performance of services hereunder until the completion of such services.
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16 All policies, with respect to the insurance coverage above required, except for the
1 7 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
18 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
19 their employees, agents, volunteers and officers as additional named insured. with respect to
20 liabilities arising out of the performance of services hereunder.
21 All policies required above are to be primary and non-contributing with any
22 insurance or self-insurance programs carried or administered by the CITY or other parties
23 represented under this Agreement.
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SDEle. [NICHOLS.AGR]
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1 20. - All communications and billings to the CITY are to be directed as follows:
r
"- 2 City Attorney's Office
CITY OF SAN BERNARDINO
3 300 North "D" Street
San Bernardino, CA 92418
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DATED: ,2001 MUNDELL, ODLUM & HAWS
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By: James Odium
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DATED: ,2001 CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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20 Approved as to Form and
legal content:
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JAMES F. PENMAN,
22 City Attorney
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SDE/ea [i-<ICHOLS.AGR] 4
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CITY OF SAN BERNARDINO
"(ce''''11 c ,lntprqffice Memorandum
I '- d I 't'rrY ctERK'S OFFICE
Records and Information Management (RIM) Program
'01 !III 17 F-1') <.
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DATE:
July 13,2001
TO:
Stephanie D. Easland, Deputy City Attorney
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-209
At the Mayor and Common Council meeting of July 9, 2001, the City of San Bernardino adopted
Resolution 2001-209 - Resolution authorizing the execution of a Professional Services
Agreement between Mundell, Odium & 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, specified
disciplinary actions.
Enclosed is one (1) 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 7, 2001.
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: .~ e ~
Date: If Islo!
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 28, 2001
TO:
Stephanie D. Easland, Deputy City Attorney
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-209 - Agreement with Mundell, OdIum & Haws
Our office has not received the executed professional services agreement with Mundell, Odium
& Haws to represent the City and designated City Departments in all proceedings in regard to, or
arising out of, specified disciplinary actions, which was approved at the Mayor and Common
Council meeting held on July 9, 2001.
Please forward the executed agreement to the City Clerk's office, to my attention; otherwise,
please submit a memo detailing its status.
If you have any questions, please call me at ext. 3206.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 7,2001
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-209 - Mundell, OdIum & Haws
CC:
Attached is a copy of the professional services agreement between the City of San Bernardino
and the law firm of Mundell, Odium & Haws. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
".t .'
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I\-Gj-O\ Item #
Vote: Ayes '-'I Nays -e
I ~ Resolution # 200\ - -Z 0 Cj
Abstain -E::r Absent-G-
Change to motion to amend original documents:
-
Reso, # On Attachments: ~ Contract teno: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 1'\ - \ o. C) \
Date of Mayor's Signature: "-I~-Ol
Date ofClerklCDC Signature: '1-\ L -() I
NulllVoid After: ~C) 0",'(, I q -1")-0 I
By: -
Reso, Log Updated: /
Seal Impressed: j./'
'-\3-0 \
'B - d. 1S--0 I
See Attached: 0/ Date Returned: '1-1-0 I
See Attached: ~
See Attached:
Date MemolLetter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
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 V No By
Yes No / By
Yes No ~ By
Yes No t/ By
Yes N07 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: LYU::-...
Date: '1-'1- 0 I
Revised 0 I /I 2/0 I