HomeMy WebLinkAbout2012-059
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RESOLUTION NO. 2012-59
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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 AUTHORIZING
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.
\ BE IT RESOLVED BY 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 AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino Acting as the Successor Housing
Agency to the Redevelopment Agency of the City of San Bernardino is hereby authorized and
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directed to execute a Professional Services Agreement between Endeman, Lincoln, Turek & Heater
and the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment
Agency of the City of San Bernardino 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.
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CIVDS 1114110, filed on December 5, 20 II (the "Litigation"). a copy of which is attached hereto
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and incorporated herein as Exhibit "A."
SECTION 2. Because the Litigation was included as an encumbrance against low-mod funds,
the defense of the City of San Bernardino and all of its named agencies, boards, commissions,
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officers, employees and agents shall be funded with encumbered low-mod housing funds.
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SECTION 3. The effective date of the Agreement is March 5, 2012; therefore, any action
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taken under the Agreement between March 5, 2012 and the effective date of this Resolution is hereby
ratified.
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SECTION 4.. The authorization granted by this Resolution 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
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Clerk within sixty (60) days following the effective date of this Resolution.
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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 AUTHORIZING
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.
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 jnin< <egillacrneeting thereof, held on the
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2nd day of April
, 2012, by the following vote, to wit:
9 COUNCIL MEMBERS:
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NAYS
ABSTAIN ABSENT
AYES
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MARQUEZ x
JENKINS x
VALDIVIA x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
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The foregoing Resolution is hereby approved this ~=-ctay of April, 2012.
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Ci an Bernardino
Approved as to form:
JAMES F. PENMAN, City Attorney
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By: ~ ?f~
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2012-59
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PROFESSIONAL SERVICES AGREEMENT
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Glen Aire Mobilehome Park Corporation, et al., v. City of San Bernardino, et aL
San Bernardino County Superior Court, Case No. 1114110.
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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 EN DEMAN, LINCOLN, TUREK & HEATER (hereinafter "ELTH") are
7 the parties to this Agreement.
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2.
EL TH 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 al., v. City of San Bernardino, et al., San Bernardino County Superior Court, Case No.
11 1114110. EL TH shall not represent any client in any type of claim against the CITY without prior
12 written approval to do so from the CITY through the City Attorney's Office.
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3.
EL TH shall be paid at the hourly rates set forth below:
14 Attorneys - $300.00 per hour
15 AssociateAttorneys - $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 Acting as Successor Housing Agency to
18 the Redevelopment Agency of the City of San Bernardino.
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4.
Bills shall be submitted at least on a monthly basis.
The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
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21 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
22 ELTH may include a single charge in an amount not to exceed four percent (4%) of attorney fees in lieu
23 of reimbursement for photocopying, telephone charges, and postage.
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6.
If attorney fees are charged "portal to portal" (e.g., from office to court and return), then
25 EL TH shall not be entitled to reimbursement for mileage and parking fees.
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7.
EL TH shall obtain approval from the CITY to retain expert witnesses, consultants, and
27 other professionals (not including court reporters) for purposes of the litigation. ELTH may, ifit
28 chooses, pay the fees and charges of such consultants and seek reimbursement from the CITY on its
San Bemardino-ELTH Retainer Agreement
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2012-59
periodic statement, or it may forward the consultant's bill to the CITY with a request that the CITY pay
it directly. Consultants shall not bill the CITY directly without prior approval of the 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, Settlement/Release documents and any other final documents.
18. Either party may terminate this Agreement at will. ELTH will continue to represent the
CITY on theterms and conditions in this Agreement until the case and file are transferred to another
attorney.
19. EL TH is an independent contractor as to the CITY.
San Bemardino-EL TH Retainer Agreement
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1 20. EL TH shall maintain the following types of insurance with limits as shown:
2 a) Workers Compensation as required by the laws of the State of California,
3 including Employment Liability with $250,000 limits covering all persons
4 providing service on behalf of EL TH and all risks to such persons under this
5 Agreement. ELTH shall require its Workers Compensation carrier to waive all
6 rights of subrogatio~ against the CITY and its officers and employees and any
7 others for whom services are being provided under this Agreement.
8 b) Comprehensive General and Automobile Liability Insurance coverage to include
9 contractual coverage and automobile coverage for owned, hired and non.owned
10 vehicles. The policy shall have at least a combined single limit of $1,000,000 for
11 bodily injury and property damage.
12 c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In
13 lieu of naming the CITY as an additional insured, the policy may be endorsed as
14 follows:
15 "Insurance coverage afforded by this policy shall also
16 apply to the liability assumed by the Insured under the
17 Agreement with the CITY OF SAN BERNARDINO for
18 legal services, provided such liability results from an error,
19 omission or negligent act of the insured, its officers,
20 employees, agents, or subcontractors. All other provisions
21 of this policy are to remain unchanged."
22 EL TH shall furnish certificates of insurance and certified copies of all policies and
23 endorsements to the City Attorney's Office evidencing the insurance coverage above required prior to
24 the commencement of performance of services hereunder, which certificates shall provide that such
25 insurance shall not be terminated or expire without thirty (30) days prior written notice to the City
26 Attorney's Office, and shall maintain such insurance from the time ELTH commences performance of
27 services hereunder until the completion of such services.
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San Bemardino-EL TH Retainer Agreement
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1 All policies, with respect to the insurance coverage above required, except for the
2 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
3 obtain additional endorsements naming the CITY and all parties represented under this Agreement,
4 their employees, agents, volunteers and officers as additional named insureds with respect to liabilities
5 arising out of the performance of services hereunder.
6 All policies required above are to be primary and non-contributing with any insurance policies
7 or self-insurance programs carried or administered by the CITY or other parties represented under this
8 Agreement.
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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.
ENDEMAN, LINCOLN, TUREK & HEATER
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By: Henry Heater
CITY OF SAN BERNARDINO ACTING AS
SUCCESSOR HOUSING AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
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