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HomeMy WebLinkAbout2015-134 1 RESOLUTION NO. 2015-134 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR 4 LEGAL SERVICES RELATED TO RECEIVERSHIPS 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 8 9 directed to execute on behalf of said City a Professional Services Agreement between Burke, 10 Williams & Sorensen and the City of San Bernardino for legal services, a copy of which is 11 attached hereto and incorporated herein as Exhibit "A." 12 SECTION 2. The authorization granted by this Resolution shall expire and be void 13 and of no further effect if the agreement is not executed by both parties and returned to the 14 15 Office of the City Clerk within sixty (60) days following the effective date of this Resolution. 16 17 18 19 20 21 /// 22 23 24 25 26 27 28 1 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 & SORENSEN, LLP FOR 3 LEGAL SERVICES RELATED TO RECEIVERSHIPS 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 6th day of July, 2015, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ X 10 BARRIOS x- 11 VALDIVIA X 12 SHORETT x- 13 NICKEL X 14 JOHNSON X 15 16 MULVIHILL X 17 w/ I� 18 George Hanna, MC, City Clerk 19 The foregoing Resolution is hereby approved this ,�� _ day of July, 2 5., 21 R. Carey Da/erit=no or 22 City of San Approved as to form: 23 Gary D. Saenz, City Attorney 24 By: 25 26 27 28 2 2015-134 1 PROFESSIONAL SERVICES AGREEMENT 2 3 1. The CITY OF SAN BERNARDINO(hereinafter"CITY")and the law firm of Burke, 4 Williams & Sorensen, LLP (hereinafter"BURKE WILLIAMS") are the parties to this Agreement. 5 2. BURKE WILLIAMS will be representing the CITY on cases seeking the appointment 6 of a receiver over the real property located at 3827 N. Sierra Way,which the CITY has determined 7 does not meet the minimum standards of state and local housing maintenance codes. BURKE 8 WILLIAMS shall not represent any client in any type of claim against the CITY without prior written 9 approval to do so from the CITY through the City Attorney's Office. 10 3. BURKE WILLIAMS shall be paid at the deferred hourly rate of$300.00 per hour. 11 BURKE WILLIAMS attorney's fees and costs shall be paid directly from the 12 proceeds of the sale of any property, which is the subject of a receivership action under this 13 Agreement, at the conclusion of the action, or from the proceeds of any settlement agreement. 14 4. BURKE WILLIAMS shall obtain approval from the CITY to retain expert consultants 15 and other professionals (not including court reporters) for purposes of the litigation. BURKE 16 WILLIAMS may,if it chooses,pay the fees and charges of such consultants and seek reimbursement 17 from proceeds of sale. Consultants shall not bill the CITY directly without prior approval of the 18 CITY's Finance Department. 19 5. Status reports will be submitted to CITY through the City Attorney's Office 20 whenever any significant event occurs, and in any event at least quarterly. The status report shall 21 include, but shall not be limited to, status of the receivership and anticipated timelines, the actual 22 cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel 23 costs shall be itemized when submitted to the CITY. 24 6. Copies of all opinions,pleadings,discovery and motions shall be provided to the City 25 Attorney's Office which may reproduce same and provide copies to other parties or attorneys. 26 7. Copies of any correspondence and other documents sent to any of the other parties 27 in an action shall also be provided to the CITY through the City Attorney's Office. 28 N 1 2015-134 1 8. Any and all settlement shall require CITY approval.Request for settlement authority 2 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 3 9. The City Attorney shall be listed as co-counsel for the City in all actions under this 4 Agreement. 5 10. Only Stephen A.McEwen of BURKE WILLIAMS or another BURKE WILLIAMS 6 attorney approved by the CITY shall appear in an action. 7 11. No client development costs are to be included in billings. 8 12. No continuing education expenses are to be included in billings. 9 13. Final billing shall be accompanied by copies of the Request for Dismissal, 10 Satisfaction of Judgment, Release and any other final documents. 11 14. Either party may terminate this contract at will. BURKE WILLIAMS will continue 12 to represent the CITY on the terms and conditions in this Agreement until any active cases and files 13 are transferred to another attorney. 14 15. BURKE WILLIAMS is an independent contractor as to the CITY. 15 16. BURKE WILLIAMS shall maintain the following types of insurance with limits as 16 shown: 17 a) Workers Compensation as required by the laws of the State of California, 18 including Employment Liability with$250,000 limits covering all persons providing 19 service of behalf of BURKE WILLIAMS and all risks to such persons under this 20 Agreement.BURKE WILLIAMS shall require its Workers Compensation carrier to 21 waive all rights of subrogation against the CITY and its officer and employees and 22 any other for whom services are being provided under this Agreement. 23 b) Comprehensive General and Automobile Liability Insurance coverage to 24 include contractual coverage and automobile coverage for owned, hired and non- 25 owned vehicles. The policy shall have at least a combined single limit of$1,000,000 26 for bodily injury and property damage. 27 /// 28 /// 2 2015-134 1 c) Professional Liability Insurance with limits of at least$1,000,000 per claim. 2 In lieu of naming the CITY as an additional insured, the policy may be enforced as 3 follows: 4 "Insurance coverage afforded by this policy shall also apply to the liability 5 assumed by the Insured under the Agreement with the CITY OF SAN 6 BERNARDINO for legal services, provided such liability results from an 7 error,omission or negligent act of the insured,its officers,employees,agents 8 or subcontractors. All other provisions of this policy are to remain 9 unchanged." 10 BURKE WILLIAMS shall furnish certificates of insurance and certified copies of all 11 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above 12 required prior to the commencement of performance of services hereunder,which certificates shall 13 provide that such insurance shall not be terminated or expire without thirty(30)days written notice 14 fo the City Attorney's Office,and shall maintain such insurance from the time BURKE WILLIAMS 15 commences performance of services hereunder until the completion of such services. 16 All policies, with respect to the insurance coverage above required, except for the 17 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall 18 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 19 their employees, agents, volunteers and officers as additional named insured with respect to 20 liabilities arising out of the performance of services hereunder. 21 All policies required above are to be primary and non-contributing with any insurance 22 or self-insurance programs carried or administered by the CITY or other parties represented under 23 this Agreement. 24 /// 25 /// 26 27 28 3 2015-134 1 17. All communications and billings to the CITY are to be directed as follows: 2 City Attorney's Office 3 CITY OF SAN BERNARDINO 4 300 North"D" Street 5 San Bernardino, CA 92418 6 7 DATED:July ,2015 BURKE, WILLIAMS & SORENSEN, LLP 8 9 By: 10 11 12 DATED: July , 2015 CITY OF SAN BERNARDINO 13 14 By: R. Carey Davis 15 Mayor 16 Approved as to form: 17 Gary D. Saenz, City Attorney 18 19 By. 20 21 22 23 24 25 26 27 28 4 2015-134 1 PROFESSIONAL SERVICES AGREEMENT 2 3 1. The CITY OF SAN BERNARDINO(hereinafter"CITY")and the law firm of Burke, 4 Williams& Sorensen,LLP (hereinafter`BURKE WILLIAMS")are the parties to this Agreement. 5 2. BURKE WILLIAMS will be representing the CITY on cases seeking the appointment 6 of a receiver over the real property located at 3827 N. Sierra Way,which the CITY has determined 7 does not meet the minimum standards of state and local housing maintenance codes. BURKE 8 WILLIAMS shall not represent any client in any type of claim against the CITY without prior written 9 approval to do so from the CITY through the City Attorney's Office. 10 3. BURKE WILLIAMS shall be paid at the deferred hourly rate of$300.00 per hour. 11 BURKE WILLIAMS attorney's fees and costs shall be paid directly from the 12 proceeds of the sale of any property, which is the subject of a receivership action under this 13 Agreement, at the conclusion of the action, or from the proceeds of any settlement agreement. 14 4. BURKE WILLIAMS shall obtain approval from the CITY to retain expert consultants 15 and other professionals (not including court reporters) for purposes of the litigation. BURKE 16 WILLIAMS may,if it chooses,pay the fees and charges of such consultants and seek reimbursement 17 from proceeds of sale. Consultants shall not bill the CITY directly without prior approval of the 18 CITY's Finance Department. 19 5. Status reports will be submitted to CITY through the City Attorney's Office 20 whenever any significant event occurs, and in any event at least quarterly. The status report shall 21 include, but shall not be limited to, status of the receivership and anticipated timelines,the actual 22 cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel 23 costs shall be itemized when submitted to the CITY. 24 6. Copies of all opinions,pleadings,discovery and motions shall be provided to the City 25 Attorney's Office which may reproduce same and provide copies to other parties or attorneys. 26 7. Copies of any correspondence and other documents sent to any of the other parties 27 in an action shall also be provided to the CITY through the City Attorney's Office. 28 N 1 2015-134 1 8. Any and all settlement shall require CITY approval.Request for settlement authority 2 shall be made through the City Attorney's Office which shall obtain the necessary CITY approvals. 3 9. The City Attorney shall be listed as co-counsel for the City in all actions under this 4 Agreement. 5 10. Only Stephen A.McEwen of BURKE WILLIAMS or another BURKE WILLIAMS 6 attorney approved by the CITY shall appear in an action. 7 11. No client development costs are to be included in billings. 8 12. No continuing education expenses are to be included in billings. 9 13. Final billing shall be accompanied by copies of the Request for Dismissal, 10 Satisfaction of Judgment, Release and any other final documents. 11 14. Either parry may terminate this contract at will. BURKE WILLIAMS will continue 12 to represent the CITY on the terms and conditions in this Agreement until any active cases and files 13 are transferred to another attorney. 14 15. BURKE WILLIAMS is an independent contractor as to the CITY. 15 16. BURKE WILLIAMS shall maintain the following types of insurance with limits as 16 shown: 17 a) Workers Compensation as required by the laws of the State of California, 18 including Employment Liability with$250,000 limits covering all persons providing 19 service of behalf of BURKE WILLIAMS and all risks to such persons under this 20 Agreement.BURKE WILLIAMS shall require its Workers Compensation carrier to 21 waive all rights of subrogation against the CITY and its officer and employees and 22 any other for whom services are being provided under this Agreement. 23 b) Comprehensive General and Automobile Liability Insurance coverage to 24 include contractual coverage and automobile coverage for owned, hired and non- 25 owned vehicles.The policy shall have at least a combined single limit of$1,000,000 26 for bodily injury and property damage. 27 28 /// 2 2015-134 I c) Professional Liability Insurance with limits of at least$1,000,000 per claim. 2 In lieu of naming the CITY as an additional insured,the policy may be enforced as 3 follows: 4 "Insurance coverage afforded by this policy shall also apply to the liability 5 assumed by the Insured under the Agreement with the CITY OF SAN 6 BERNARDINO for legal services, provided such liability results from an 7 error,omission or negligent act of the insured,its officers,employees,agents 8 or subcontractors. All other provisions of this policy are to remain 9 unchanged." 10 BURKE WILLIAMS shall furnish certificates of insurance and certified copies of all 11 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above 12 required prior to the commencement of performance of services hereunder,which certificates shall 13 provide that such insurance shall not be terminated or expire without thirty(30)days written notice 14 fo the City Attorney's Office,and shall maintain such insurance from the time BURKE WILLIAMS 15 commences performance of services hereunder until the completion of such services. 16 All policies, with respect to the insurance coverage above required, except for the 17 Workers Compensation insurance coverage and professional liability coverage,if applicable, shall 18 obtain additional endorsements naming the CITY and all parties represented under this Agreement, 19 their employees, agents, volunteers and officers as additional named insured with respect to 20 liabilities arising out of the performance of services hereunder. 21 All policies required above are to be primary and non-contributing with any insurance 22 or self-insurance programs carried or administered by the CITY or other parties represented under 23 this Agreement. 24 /// 25 /// 26 27 28 3 2015-134 1 17. All communications and billings to the CITY are to be directed as follows: 2 City Attorney's Office 3 CITY OF SAN BERNARDINO 4 300 North"D" Street 5 San Bernardino, CA 92418 6 7 DATED:July,2015 BURKE, WILLIAMS & SORENSEN, LLP 8 9 By: 10 11 12 DATED: July 9 , 2015 CITY OF SAN BE RDINO 13 14 By: 4Cey Davis 15 16 Approved as to form: 17 Gary D. Saenz, City Attorney 18 lk 19 By. 20 21 22 23 24 25 26 27 28 4