HomeMy WebLinkAbout2015-062 1 RESOLUTION NO. 2015-62
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL
4 SERVICES AGREEMENT WITH BURKE WILLIAMS & SORENSON FOR LEGAL
5 SERVICES RELATED TO RECEIVERSHIPS
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of said City a Professional Services Agreement between Burke
ii Williams & Sorenson and the City of San Bernardino for legal services, a copy of which is
12 attached hereto and incorporated herein as Exhibit "A."
13 SECTION 2. The authorization granted by this Resolution shall expire and be void
14 and of no further effect if the agreement is not executed by both parties and returned to the Office
15 of the City Clerk within sixty(60) days following the effective date of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL
2 SERVICES AGREEMENT WITH BURKE WILLIAMS & SORENSON FOR LEGAL
3 SERVICES RELATED TO RECEIVERSHIPS
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7 6th day of April, 2015,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ X
10
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15
JOHNSON X
16
17
MULVIHILL X `
18 . _. e6
Georgea Hanna, C' Clerk
19
2o The foregoing Resolution is hereby approved this day of April,
21 a,
22
R. Carey D is, Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
25 �
By:
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2015-62
1 PROFESSIONAL SERVICES AGREEMENT
2
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 Burke, Williams & Sorensen, LLP (hereinafter "BURKE WILLIAMS") are the parties to this
5 Agreement.
6 2. BURKE WILLIAMS will be representing the CITY OF SAN BERNARDINO
7 in cases seeking the appointment of a receiver over the real property located at 660 North "E"
8 Street, San Bernardino, CA 92410,which the CITY has determined does not meet the minimum
9 standards of state and local housing maintenance codes. BURKE WILLIAMS shall not
10 represent any client in any type of claim against the CITY without prior written approval to do so
11 from the CITY OF SAN BERNARDINO through the City Attorney's Office.
12 3. BURKE WILLIAMS shall be paid at the deferred hourly rate of$300.00 per
13 hour.
14 BURKE WILLIAMS attorney's fees and costs shall be paid directly from the
15 proceeds of the sale of any property, which is the subject of a receivership action under this
16 Agreement, at the conclusion of the action, or from the proceeds of any settlement agreement.
17 4. BURKE WILLIAMS shall obtain approval from the CITY to retain expert
18 consultants and other professionals (not including court reporters) for purposes of the litigation.
19 BURKE WILLIAMS may, if it chooses, pay the fees and charges of such consultants and seek
20 reimbursement from proceeds of sale. Consultants shall not bill the CITY directly without prior
21 approval of the CITY'S Finance Department.
22 5. Status reports will be submitted to CITY through the City Attorney's Office
23 whenever any significant event occurs, and in any event at least quarterly. The status report
24 shall include, but shall not be limited to, status of the receivership and anticipated timelines, the
25 actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and
26 related travel costs shall be itemized when submitted to the CITY.
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2015-62
1 6. Copies of all opinions,pleadings,discovery and motions shall be provided to the
2 City Attorney's Office which may reproduce same and provide copies to other parties or
3 attorneys.
4 7. Copies of any correspondence and other documents sent to any of the other
5 parties in an action shall also be provided to the CITY through the City Attorney's Office.
6 8. 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.
9 9. The City Attorney shall be listed as co-counsel for the City in all actions under
10 this Agreement.
11 10. Only Stephen A. McEwen of BURKE WILLIAMS or other BURKE
12 WILLIAMS attorney approved by the CITY shall appear in an action.
13 11. No client development costs are to be included in billings.
14 12. No continuing education expenses are to be included in billings.
15 13. Final billing shall be accompanied by copies of the Request for Dismissal,
16 Satisfaction of Judgment, Release and any other final documents.
17 14. Either party may terminate this contract at will. BURKE WILLIAMS will
18 continue to represent the CITY on the terms and conditions in this Agreement until any active
19 cases and files are transferred to another attorney.
20 15. BURKE WILLIAMS is an independent contractor as to the CITY.
21 16. BURKE WILLIAMS shall maintain the following types of insurance with limits
22 as shown:
23 a) Workers Compensation as required by the laws of the State of
24 California, including Employment Liability with $250,000 limits covering all
25 persons providing service on behalf of BURKE WILLIAMS and all risks to
26 such persons under this Agreement. BURKE WILLIAMS shall require its
27
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2015-62
1 Workers Compensation carrier to waive all rights of subrogation against the
2 CITY and its officers and employees and any others for whom services are
3 being provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance
5 coverage to include contractual coverage and automobile coverage for owned,
6 hired and non-owned vehicles. The policy shall have at least a combined
7 single limit of$1,000,000 for bodily injury and property damage.
8 c) Professional Liability Insurance with limits of at least
9 $1,000,000 per claim. In lieu of naming the CITY as an additional insured,
10 the policy may be endorsed as follows:
11 "Insurance coverage afforded by this policy shall also apply to the
12 liability assumed by the Insured under the Agreement with the CITY OF SAN
13 BERNARDINO for legal services, provided such liability results from an
14 error, omission or negligent act of the insured, its officers, employees, agents
15 or subcontractors. All other provisions of this policy are to remain
16 unchanged."
17 BURKE WILLIAMS shall furnish certificates of insurance and certified copies
18 of all policies and endorsements to the City Attorney's Office evidencing the insurance coverage
19 above required prior to the commencement of performance of services hereunder, which
20 certificates shall provide that such insurance shall not be terminated or expire without thirty (30)
21 days written notice to the City Attorney's Office, and shall maintain such insurance from the time
22 BURKE WILLIAMS commences performance of services hereunder until the completion of
23 such services.
24 All policies, with respect to the insurance coverage above required, except for
25 the Workers Compensation insurance coverage and professional liability coverage, if applicable,
26 shall obtain additional endorsements naming the CITY and all parties represented under this
27
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2015-62
Agreement, their employees, agents, volunteers and officers as additional named insured with
respect to liabilities arising out of the performance of services hereunder.
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.
17. 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
DATED: April , 2015 BURKE WILLIAMS LLP
By: John J. Welsh
DATED: April/,P, 2015 CITY OF SAN BERNARDINO
( 14 4)'4�z"�a
By: R. Carey Da s, Mayor
Approved as to form:
Gary D. Saenz, City Attorney
By.
(�D
C:\Users\McEwen-S\Documents\San Bernardino Burke Williams PSA.docx
2015-62
f
1 PROFESSIONAL SERVICES AGREEMENT
2
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 Burke, Williams & Sorensen, LLP (hereinafter "BURKE WILLIAMS") are the parties to this
5 Agreement.
6 2. BURKE WILLIAMS will be representing the CITY OF SAN BERNARDINO
7 in cases seeking the appointment of a receiver over the real property located at 660 North "E"
8 Street, San Bernardino, CA 92410,which the CITY has determined does not meet the minimum
9 standards of state and local housing maintenance codes. BURKE WILLIAMS shall not
10 represent any client in any type of claim against the CITY without prior written approval to do so
11 from the CITY OF SAN BERNARDINO through the City Attorney's Office.
12 3. BURKE WILLIAMS shall be paid at the deferred hourly rate of $300.00 per
13 hour.
14 BURKE WILLIAMS attorney's fees and costs shall be paid directly from the
15 proceeds of the sale of any property, which is the subject of a receivership action under this
16 Agreement, at the conclusion of the action, or from the proceeds of any settlement agreement.
17 4. BURKE WILLIAMS shall obtain approval from the CITY to retain expert
18 consultants and other professionals (not including court reporters) for purposes of the litigation.
19 BURKE WILLIAMS may, if it chooses, pay the fees and charges of such consultants and seek
20 reimbursement from proceeds of sale. Consultants shall not bill the CITY directly without prior
21 approval of the CITY'S Finance Department.
22 5. Status reports will be submitted to CITY through the City Attorney's Office
23 whenever any significant event occurs, and in any event at least quarterly. The status report
24 shall include, but shall not be limited to, status of the receivership and anticipated timelines, the
25 actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and
26 related travel costs shall be itemized when submitted to the CITY.
27
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2015-62
1 6. Copies of all opinions,pleadings,discovery and motions shall be provided to the
2 City Attorney's Office which may reproduce same and provide copies to other parties or
3 attorneys.
4 7. Copies of any correspondence and other documents sent to any of the other
5 parties in an action shall also be provided to the CITY through the City Attorney's Office.
6 8. 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.
9 9. The City Attorney shall be listed as co-counsel for the City in all actions under
10 this Agreement.
11 10. Only Stephen A. McEwen of BURKE WILLIAMS or other BURKE
12 WILLIAMS attorney approved by the CITY shall appear in an action.
13 11. No client development costs are to be included in billings.
14 12. No continuing education expenses are to be included in billings.
15 13. Final billing shall be accompanied by copies of the Request for Dismissal,
16 Satisfaction of Judgment, Release and any other final documents.
17 14. Either party may terminate this contract at will. BURKE WILLIAMS will
18 continue to represent the CITY on the terms and conditions in this Agreement until any active
19 cases and files are transferred to another attorney.
20 15. BURKE WILLIAMS is an independent contractor as to the CITY.
21 16. BURKE WILLIAMS shall maintain the following types of insurance with limits
22 as shown:
23 a) Workers Compensation as required by the laws of the State of
24 California, including Employment Liability with $250,000 limits covering all
25 persons providing service on behalf of BURKE WILLIAMS and all risks to
26 such persons under this Agreement. BURKE WILLIAMS shall require its
27
CAUsers\McEwen-S\Documents\San Bernardino Burke Williams PSA.docx
28
2015-62
1 Workers Compensation carrier to waive all rights of subrogation against the
2 CITY and its officers and employees and any others for whom services are
3 being provided under this Agreement.
4 b) Comprehensive General and Automobile Liability Insurance
5 coverage to include contractual coverage and automobile coverage for owned,
6 hired and non-owned vehicles. The policy shall have at least a combined
7 single limit of$1,000,000 for bodily injury and property damage.
8 c) Professional Liability Insurance with limits of at least
9 $1,000,000 per claim. In lieu of naming the CITY as an additional insured,
10 the policy may be endorsed as follows:
11 "Insurance coverage afforded by this policy shall also apply to the
12 liability assumed by the Insured under the Agreement with the CITY OF SAN
13 BERNARDINO for legal services, provided such liability results from an
14 error, omission or negligent act of the insured, its officers, employees, agents
15 or subcontractors. All other provisions of this policy are to remain
16 unchanged."
17 BURKE WILLIAMS shall furnish certificates of insurance and certified copies
18 of all policies and endorsements to the City Attorney's Office evidencing the insurance coverage
19 above required prior to the commencement of performance of services hereunder, which
20 certificates shall provide that such insurance shall not be terminated or expire without thirty (30)
21 days written notice to the City Attorney's Office, and shall maintain such insurance from the time
22 BURKE WILLIAMS commences performance of services hereunder until the completion of
23 such services.
24 All policies, with respect to the insurance coverage above required, except for
25 the Workers Compensation insurance coverage and professional liability coverage, if applicable,
26 shall obtain additional endorsements naming the CITY and all parties represented under this
27 C:\Users\McEwen-S\Documents\San Bernardino Burke Williams PSA.docx
28
2015-62
Agreement, their employees, agents, volunteers and officers as additional named insured with
respect to liabilities arising out of the performance of services hereunder.
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.
17. 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
DATED: April 2,6 , 2015 BURKE WILLIAMS LLP
no( elsh
DATED: April/f,, 2015 CITY OF SAN BERNARDINO
By: R. Carey Da s, Mayor
Approved as to form:
Gary D. Saenz, City Attorney
By: l
(D
C:\Users\McEwen-S\Documents\San Bernardino Burke Williams PSA.docx