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Home My WebLink About2012-039 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHOURIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ENDEMAN, LINCOLN TUREK & HEATER FOR LEGAL SERVICES IN THE CASE OF GLEN AIRE MOBILEHOME PARK CORPORATION, ET AL., V. CITY OF SAN BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 1114110. 2 3 4 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 ajoint regular meeting thereof, held on the 8 ,2012, by the following vote, to wit: 19 th day of March 9 COUNCIL MEMBERS: 10 ABSTAIN ABSENT AYES NAYS 11 MARQUEZ x 12 JENKINS x 13 V ALDNIA x 14 SHORETT x 15 KELLEY x 16 JOHNSON x 17 MCCAMMACK x 18 ~~,~ City of San Bernardino 19 20 21 The foregoing Resolution is hereby approved this .,;L\.~ay of March ,2012. 22 23 ~'(V .~ ~.Moms, ayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 By: ~ 1.~ (l 2 28 2012-39 1 PROFESSIONAL SERVICES AGREEMENT 2 Glen Aire Mobilehome Park Corporation, et al., v. City of San Bernardino, et al. San Bernardino County Superior Court, Case No. 1114110. 3 4 1. The CITY OF SAN BERNARDINO ACTING AS SUCCESSOR HOUSING AGENCY 5 TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter 6 "CITY") and the law firm of Endeman, Lincoln, Turek & Heater (hereinafter "ELTH") are the parties 7 to this Agreement. 8 2. ELTH will represent the City of San Bernardino, and all named City entities, agencies, 9 boards, commissions, officers and employees in the case entitled Glen Aire Mobilehome Park 10 Corporation, et at., v. City of San Bernardino, et at., San Bernardino County Superior Court, Case No. 11 1114110. ELTH shall not represent any client in any type of claim against the CITY without prior 12 written approval to do so from the CITY OF SAN BERNARDINO through the City Attorney's Office. 13 3. EL TH shall be paid at the hourly rates set forth below: 14 Attorneys - $300.00 per hour 15 Associate Attorneys - $250.00 per hour. 16 The amounts expended under this agreement for attorney fees shall not exceed $25,000 17 without further approval of the Mayor and Common Council. 18 4. Bills shall be submitted at least on a monthly basis. 19 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, 20 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement. 21 ELTH may include a single charge in an amount not to exceed four percent (4%) of attorney fees in lieu 22 of reimbursement for photocopying, telephone charges, and postage. 23 6. If attorney fees are charged "portal to portal" (e.g., from office to court and return), then 24 ELTH shall not be entitled to reimbursement for mileage and parking fees. 25 7. ELTH shall obtain approval from the CITY to retain expert witnesses, consultants, and 26 other professionals (not including court reporters) for purposes of the litigation. EL TH may, if it 27 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its 28 periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY pay San Bernardino-ELTH Retainer Agreement Page 1 2012-39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25- 26 27 28 it directly. Consultants shall not bill the CITY directly without prior approval ofthe CITY'S Finance Department. 8. Status reports will be submitted to the CITY 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. EL TH shall comply with all reporting requirements of BICEP, if applicable. 9. The City Attorney shall be named as co-counsel in the case and on all pleadings filed in the case. 10. 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 in this or other litigation. 11. Copies of any correspondence and other documents sent to any of the parties in this action shall also be provided to the CITY through the City Attorney's Office. 12. Any and all settlements shall require CITY approval. Request for settlement authority shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 13. In the event the settlement value of this case appears to exceed $50,000.00 the City Attorney's Office shall be notified immediately. 14. Only Henry Heater of Endeman, Lincoln, Turek & Heater or another senior attorney approved by the City shall conduct the trial of this case. 15. No client development costs are to be included in billings. 16. No continuing education expenses are to be included in billings. 17. Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, SettlementJRelease documents and any other final documents. 18. Either party may terminate this Agreement at will. ELTH will continue to represent the CITY on the terms and conditions in this Agreement until the case and file are transferred to another attorney. 19. ELTH is an independent contractor as to the CITY. 20. ELTH shall maintain the following types of insurance with limits as shown: San Bemardino-ELTH Retainer Agreement Page 2 2012-39 1 a) Workers Compensation as required by the laws of the State of California, 2 including Employment Liability with $250,000 limits covering all persons 3 providing service on behalf of EL TH and all risks to such persons under this 4 Agreement. ELTH shall require its Workers Compensation carrier to waive all 5 rights of subrogation against the CITY and its officers and employees and any 6 others for whom services are being provided under this Agreement. 7 b) Comprehensive General and Automobile Liability Insurance coverage to include 8 contractual coverage and automobile coverage for owned, hired and non-owned 9 vehicles. The policy shall have at least a combined single limit of $1,000,000 for 10 bodily injury and property damage. II c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In 12 lieu of naming the CITY as an additional insured, the policy may be endorsed as 13 follows: 14 "Insurance coverage afforded by this policy shall also 15 apply to the liability assumed by the Insured under the 16 Agreement with the CITY OF SAN BERNARDINO for 17 legal services, provided such liability results from an error, 18 omission or negligent act of the insured, its officers, 19 employees, agents, or subcontractors. All other provisions 20 of this policy are to remain unchanged." 21 EL TH shall furnish certificates of insurance and certified copies of all policies and 22 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior to 23 the commencement of performance of services hereunder, which certificates shall provide that such 24 insurance shall not be terminated or expire without thirty (30) days prior written notice to the City 25 Attorney's Office, and shall maintain such insurance from the time ELTH commences performance of 26 services hereunder until the completion of such services. 27 All policies, with respect to the insurance coverage above required, except for the 28 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall San Bemardino-ELTH Retainer Agreement Page 3 2012-39 1 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 2 their employees, agents, volunteers and officers as additional named insureds with respect to liabilities 3 arising out of the performance of services hereunder. 4 All policies required above are to be primary and non-contributing with any insurance policies 5 or self-insurance programs carried or administered by the CITY or other parties represented under this 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 The effective date of this Agreement is March 5, 2012. ,2011 ENDEMAN, LINCOLN, TUREK & HEATER By: Henry Heater ,2011 CITY OF SAN BERNARDINO AS SUCCESSSOR AS SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 18 ~~ ---," ~ : Patric J Morris, ayor 19 20 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney By;.... 7/~ 23 24 25 26 27 28 San Bemardino-ELTH Retainer Agreement Page 4