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HomeMy WebLinkAbout05.A- City Clerk DOC ID: 1652 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Waive Reading From: Georgeann "Gigi" Hanna M/CC Meeting Date: 03/19/2012 Prepared by: Linda Sutherland, (909) 384- 5002 Dept: City Clerk Ward(s):N/A Subject: Waive Full Reading of Resolutions and Ordinances Financial Impact: None. Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. Supporting Documents: 1 i i Iv 1 i Pa e 1 i T indated-3/8/2012 by Linda Sutherland B OI RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS SUCCESSOR HOUSING AGENCY TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHOURIZING 4 THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ENDEMAN, LINCOLN TUREK & HEATER FOR LEGAL SERVICES IN THE CASE OF GLEN AIRE 5 MOBILEHOME PARK CORPORATION, ET AL., V CITY OF SAN BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 1114110. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to 10 execute on behalf of said City Acting as Successor Housing Agency to the Redevelopment Agency of I the City of San Bernardino a Professional Services Agreement between Endeman, Lincoln, Turek & 12 Heater and the City of San Bernardino for legal services in the case of Glen Aire Mobilehome Park 13 Corporation, et al., v. City Of San Bernardino, et al., San Bernardino Superior Court Case No. 14 CIVDS 1114110, filed on December 5, 2011 (the "Litigation"). a copy of which is attached hereto 15 and incorporated herein as Exhibit "A." 16 SECTION 2. Because the Litigation was included as an encumbrance against low-mod funds, 17 the defense of the City of San Bernardino and all of its named agencies, boards, commissions, 18 officers, employees and agents shall be funded with encumbered low-mod funds. 19 SECTION 2. The authorization granted by this Resolution shall expire and be void and of no 20 further effect if the agreement is not executed by both parties and returned to the Office of the City 21 Clerk within sixty(60) days following the effective date of this Resolution. 22 23 Entered Into Rec, at MCC/CDC Mtg; 3I1�I��- by: 24 Agenda Item No; F, nl by: zs City CIerWCDC Secretary 16 City of San Bernardino S b �epiac�� >felh � 27 I Tf zs �1(��k�l1rl 3115 IZ I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN CBERNARDINO ACTING AS SUCCESSOR HOUSING AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHOURIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ENDEMAN, 3 LINCOLN TUREK & HEATER FOR LEGAL SERVICES IN THE CASE OF GLEN AIRE 4 MOBILEHOME PARK CORPORATION, ET AL., V CITY OF SAN BERNARDINO, ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS 1114110. 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 meeting thereof, held on the 8 day of 2012, by the following vote,to wit 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 JENKINS 13 VALDIVIA © 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Georgeann Hanna, City Clerk City of San Bernardino 20 21 The foregoing Resolution is hereby approved this day of ' 2012. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: 06 JAMES F. PENMAN, City Attorney 27 28 By. �GJiv+ 2 1 PROFESSIONAL SERVICES AGREEMENT ® 2 Glen Aire Mobilehome Park Corporation, et al., v. City of San Bernardino, et ai, 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 al., v. City of San Bernardino, et al., 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. ELTH 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. ELTH 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 1 it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance Q2 Department. 3 8. Status reports will be submitted to the CITY through the City Attorney's Office 4 whenever any significant event occurs, and in any event at least quarterly. Information sufficient to set 5 reserves, including, without limitation,potential liability exposure and percentage of fault, shall be 6 included. ELTH shall comply with all reporting requirements of BICEP, if applicable. 7 9. The City Attorney shall be named as co-counsel in the case and on all pleadings filed in 8 the case. 9 10. Copies of all opinions,pleadings, discovery and motions shall be provided to the City 10 Attorney's Office which may reproduce same and provide copies to other parties or attorneys in this or 11 other litigation. 12 11. Copies of any correspondence and other documents sent to any of the parties in this 13 action shall also be provided to the CITY through the City Attorney's Office. © 14 12. Any and all settlements shall require CITY approval. Request for settlement authority 15 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 16 13. In the event the settlement value of this case appears to exceed$50,000.00 the City 17 Attorney's Office shall be notified immediately. 18 14. Only Henry Heater of Endeman, Lincoln, Turek &Heater or another senior attorney 19 approved by the City shall conduct the trial of this case. 20 15. No client development costs are to be included in billings. 21 16. No continuing education expenses are to be included in billings. 22 17. Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction 23 of Judgment, Settlement/Release documents and any other final documents. 24 18. Either party may terminate this Agreement at will. ELTH will continue to represent the 25 CITY on the terms and conditions in this Agreement until the case and file are transferred to another 26 attorney. 27 19. ELTH is an independent contractor as to the CITY. 28 20.' ELTH shall maintain the following types of insurance with limits as shown: I a) Workers Compensation as required by the laws of the State of California, Q2 including Employment Liability with$250,000 limits covering all persons 3 providing service on behalf of ELTH 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. 11 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: 0 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 ELTH 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 Son Remnnlinn_FI TN PrIat .e...ve........ I obtain additional endorsements naming the CITY and all parties represented under this Agreement, O2 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 6 Agreement. 7 21. All communications and billings to the CITY are to be directed as follows: 8 City Attorney's Office CITY OF SAN BERNARDINO 9 300 North "D" Street 10 San Bernardino, CA 92418 11 22• The effective date of this Agreement is March 5, 2012. 12 Dated: 2011 ENDEMAN, LINCOLN, TUREK&HEATER 13 © 14 By: Henry Heater 15 Dated: 2011 CITY OF SAN BERNARDINO AS SUCCESSSOR 16 AS SUCCESSOR HOUSING AGENCY TO THE 17 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 18 19 By: Patrick J. Morris, Mayor 20 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: 25 p26 27 28