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RESOLUTION (ID # 3763) DOC ID: 3763 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
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From: Jolena E. Grider M/CC Meeting Date: 04/06/2015
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Mayor to Execute a Professional Services Agreement with Burke Williams &
Sorenson for Legal Services Related to Receiverships. (#3763)
Current Business Registration Certificate: Yes
Financial Impact:
None. Burke Williams will collect all fees from the proceeds of the sale of the property
at the end of the receivership.
Motion: Adopt the Resolution.
Background:
The law firm of Burke Williams & Sorenson has agreed to file a receivership action on
behalf of the City of San Bernardino and defer payment of attorneys fees until after the
action is finished and the property is sold. All attorneys fees will be paid out of the
proceeds from the sale of the property. The first property that they agreed to file a
receivership action on is located at 660 North "E" Street.
City Attorney Review:
Supporting Documents:
Burke Williams Reso (DOC)
3763 (PDF)
Updated: 4/2/2015 by Georgeann "Gigi" Hanna A Packet'.Pg.43
5.D.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL
3 SERVICES AGREEMENT WITH BURKE WILLIAMS & SORENSON FOR LEGAL
4 SERVICES RELATED TO RECEIVERSHIPS
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY N
6 OF SAN BERNARDINO AS FOLLOWS: >
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8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and o
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9 directed to execute on behalf of said City a Professional Services Agreement between Burke
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10 Williams & Sorenson and the City of San Bernardino for legal services, a copy of which is L
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11 attached hereto and incorporated herein as Exhibit "A." c
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12 SECTION 2. The authorization granted by this Resolution shall expire and be void m
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13 and of no further effect if the agreement is not executed by both parties and returned to the Office 06
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14 of the City Clerk within sixty(60) days following the effective date of this Resolution. E
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Packet;Pg.44
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
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and y
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6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of , 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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11 BARRIOS
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12 VALDIVIA
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13 SHORETT 06
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NICKEL 2_
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16 JOHNSON
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17 MULVIHILL M
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19 Georgeann Hanna, City Clerk
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2o The foregoing Resolution is hereby approved this day of , 2015. E
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R. Carey Davis, Mayor m
23 City of San Bernardino
Approved as to form: E
24 Gary D. Saenz, City Attorney
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By:
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Packet Pg.45
1 PROFESSIONAL. SERVICES AGREEMENT
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3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm o
4 Burke, Williams & Sorensen, LLF (hereinafter "BURKE WILLIAMS") are the parties to thi
5 Agreement. °-
6 2. BURKE WILLIAMS will be representing the CITY OF SAN BERNARDIN(
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 minimun Y�".2
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9 standards of state and local housing maintenance codes. BURKE WILLIAMS shall no
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10 represent any client in any type of claim against the CITY without prior written approval to do sc Q
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11 from the CITY OF SAN BERNARDINO through the City Attorney's Office. N
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12 3. BURKE WILLIAMS shall be paid at the deferred hourly rate of $300.00 pe: in
13 hour. 0
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14 BURKE WILLIAMS attorney's fees and costs shall be paid directly from thf '
15 proceeds of the sale of any property, which is the subject of a receivership action under thi:
16 Agreement, at the conclusion of the action, or from the proceeds of any settlement agreement. °°
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17 4. BURKE WILLIAMS shall obtain approval from the CITY to retain exper M
18 consultants and other professionals (not including court reporters) for purposes of the litigation ti
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19 BURKE WILLIAMS may, if it chooses, pay the fees and charges of such consultants and seel
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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 repor
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 anc
26 related travel costs shall be itemized when submitted to the CITY.
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7' 5.D.b
1 6. Copies of all opinions,pleadings,discovery and motions shall be provided to thf
2 City Attorney's Office which may reproduce same and provide copies to other parties o:
3 attorneys.
4 7. Copies of any correspondence and other documents sent to any of the other
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5 parties in an action shall also be provided to the CITY through the City Attorney's Office.
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6 8. Any and all settlements shall require CITY approval. Request for settlemen
7 authority shall be made through the City Attorney's Office which shall obtain the necessary CIT'
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8 approvals. °
9 9. The City Attorney shall be listed as co-counsel for the City in all actions under E
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10 this Agreement.
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11 10. Only Stephen A. McEwen of BURKE WILLIAMS or other BURKE
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12 WILLIAMS attorney approved by the CITY shall appear in an action. in
13 11. No client development costs are to be included in billings. 0
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, Y
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16 Satisfaction of Judgment, Release and any other final documents. °0
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17 14. Either party may terminate this contract at will. BURKE WILLIAMS will M
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18 continue to represent the CITY on the terms and conditions in this Agreement until any active
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19 cases and files are transferred to another attorney.
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20 15. BURKE WILLIAMS is an independent contractor as to the CITY.
21 16. BURKE WILLIAMS shall maintain the following types of insurance with limit,, Q
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
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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, �-
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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.
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g c) Professional Liability Insurance with limits of at least 0
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9 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, E
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10 the policy may be endorsed as follows: Q
11 "Insurance coverage afforded by this policy shall also apply to the N
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12 liability assumed by the Insured under the Agreement with the CITY OF SAN in
13 BERNARDINO for legal services, provided such liability results from an N
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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
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16 unchanged." 00
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17 BURKE WILLIAMS shall furnish certificates of insurance and certified copie, M
18 of all policies and endorsements to the City Attorney's Office evidencing the insurance coveragf c
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19 above required prior to the commencement of performance of services hereunder, whiel
20 certificates shall provide that such insurance shall not be terminated or expire without thirty (30
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21 days written notice to the City Attorney's Office, and shall maintain such insurance from the timf Q
22 BURKE WILLIAMS commences performance of services hereunder until the completion o
23 such services.
24 All policies, with respect to the insurance coverage above required, except fo:
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 thi;
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1 Agreement, their employees, agents, volunteers and officers as additional named insured witl
2 respect to liabilities arising out of the performance of services hereunder.
3 All policies required above are to be primary and non-contributing with an)
4 insurance or self-insurance programs carried or administered by the CITY or other pantie:
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5 represented under this Agreement. _
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6 17. All communications and billings to the CITY are to be directed as follows: >
City Attorney's Office
7 CITY OF SAN BERNARDINO
300 North "D" Street o
8 San Bernardino, CA 92418
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DATED: March 52015 BURKE WILLIAMS LLP L
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12 By: John J. Welsh cnn
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14 DATED: March , 2015 CITY OF SAN BERNARDINO —
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By: R. Carey Davis, Mayor
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Approved as to form: a
21 Gary D. Saenz, City Attorney
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23 By.
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