HomeMy WebLinkAbout33- City Attorney CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James F. Penman Subject: Resolution of the Mayor and Common Council
. Authorizing the Execution of an Agreement for
Dept: CITY ATTORNEY Legal Services Between the City San Bernardino
Date: May 23 , 19 9 6 r.;
and the Law Fi o.f I-lundeil, Ouim & Haws
Synopsis of Previous Council action:
On May 20, 1996 , in closed session, the Council authorized retention of
the law firm of Mundell , Odlum & Haws to defend the City of San Bernardino,
City of San Bernardino Economic Development Agency and Timothy C. Steinhaus
in an action entitled GAEA Equitus Corporation and James rl Sharp v City
of San Bernardino, City of San Bernardino Economic Development Agency and
Timothy Steinhouse and the execution of an Agreement for Legal Services
between the City of San Bernardino and the above mentioned law firm.
Entered into Record at /
C011116 I i Gill Voevcrns Mtg: / Cv
-3ecommended motion: by
re Agendi� Item -33
Adopt resolution. City CIerkICDC Secy
City of San Bernardino
Signature
amen E__ Fenmafi-
ontactperson: James F. Penman Phone: 5355
upporting data attached: Ward:
UNDING REQUIREMENTS: Amount:
Source:(Acct. No.)
_(Acct. Description)
Finance:
)uncil Notes:
PROFESSIONAL SERVICES AGREEMENT
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
MUNDELL, ODLUM & HAWS (hereinafter "M,O&H") are the parties to this Agreement.
2. M,O&H will be representing Defendants, CITY OF SAN BERNARDINO,
CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY and
TIMOTHY C. STEINHAUS (hereinafter collectively referred to as the "Defendants") in an action
entitled GAEA Eauitus Comoration and James W Sharp v Citv of San Bernardino Cijy of San
Bernardino Economic Development Agency, and Timothy Steinhouse, San Bernardino Superior
Court Case No. SCV 28589.
3. M,O&H shall be paid for all work on said case by the CITY at the hourly rates set
forth below:
Partners - $150.00 per hour
Associates - $125.00 per hour
Law Clerks/Paralegals $ 65.00 per hour
4. Bills shall be submitted to the City Attorney's Office on a quarterly basis unless the
amount exceeds$3,000.00 in a given month and in that event the bills shall be submitted monthly.
The total payments for attorney's fees and costs shall not exceed$20,000 without the prior approval
of the City.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted as set forth in Paragraph 4 for
reimbursement.
6. If attorney's fees are charged "portal to portal" (e.g., from office to court and return),
then M,O&H shall not be entitled to reimbursement for mileage and parking fees.
HE:ao[MO&H.Agr] 1
7. M,O&H shall obtain approval from the City Attorney's Office to retain expert
consultants and other professionals (not including court reporters) for purposes of representing said
defendants in said proceedings. M,O&H may, if it chooses, pay the fees and charges of such
consultants and seek reimbursement from the CITY through the City Attorney's Office on its
periodic statement.
8. Status reports will be submitted to Defendants through the City Attorney's Office
whenever any significant event occurs, and in any event at least quarterly. Information sufficient
to set reserves,including,without limitation,potential liability exposure and percentage of fault shall
be included.
9. Copies of all opinions,pleadings,discovery and motions shall be provided to the City
Attorney's Office.
10. Copies of any correspondence and other documents sent to any of the parties in said
proceedings involving Defendants shall also be provided to the Defendants through the City
Attorney's Office.
11. Only James D. Odium, of M,O&H, shall defend Defendants in said action, unless
prior consent is given by the City Attorney's Office.
12. No client development costs are to be included in billings.
13. No continuing education expenses are to be included in billings.
14. Final billing shall be accompanied by copies of the Request for Dismissal,
Satisfaction of Judgment, Release and any other appropriate final documents.
15. Either CITY or M,O&H may terminate this contract at will. M,O&H will continue
to represent Defendants on the terms and conditions in this Agreement until the case and file are
transferred to another attorney.
HE:ao[MO&H.Agrl 2
16. M,O&H is an independent contractor as to the City.
17. 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.
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 property damage.
C) Professional Liability Insurance with limits of at least $1,000,000 per
claim. In lieu of naming the CITY and as an additional insured,the policy may be endorsed
as follows:
"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."
M,O&H shall furnish certificates of insurance and certified copies of all policies and
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
to the commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the 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.
All policies, with respect to the insurance coverage above required, except for the
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
their employees, agents, volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
HE:ao[MO&H.Agr] 3
ti
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 represented under
this Agreement.
18. 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, Room 668
San Bernardino, CA 92418
DATED: , 1996 MUNDELL, ODLUM & HAWS, a partnership
including a professional corporation
By:
James A. Odlum
DATED: , 1996 CITY OF SAN BERNARDINO
By:
Tom Minor, Mayor
APPROVED AS TO FORM AND
LEGAL CONTENT:
JAMES F. PENMAN,
City Attorney
n
By: