HomeMy WebLinkAbout1998-199
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RESOLUTION NO. 98-199
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE
3 CITY ATTORNEY TO PROVIDE LEGAL SERVICES TO THE COMMUNITY
DEVELOPMENT COMMISSION AND ECONOMIC DEVELOPMENT AGENCY,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor is hereby authorized and directed to execute an Agreement with
8 the Community Development Commission for the City Attorney to provide legal services to the
9 Commission and the Economic Development Agency. A copy of said Agreement is attached
10 hereto as Exhibit "A,"
II SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
12 if the parties to the Agreement fail to execute it within the sixty (60) days of the passage of this
13 Resolution.
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98-199
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE
CITY ATTORNEY TO PROVIDE LEGAL SERVICES TO THE COMMUNITY
3 DEVELOPMENT COMMISSION AND ECONOMIC DEVELOPMENT AGENCY.
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
regul.ar
meeting
6 thereof, held on the 6th
7 wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LIEN
II ARIAS
12 SCHNETZ
13 DEVLIN
14 ANDERSON
15 MILLER
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July
day of
, 1998, by the following vote, to
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pli
July
The foregoing Resolution is hereby approved this
day of
----,
1998.
~
JU T VALLES, Mayor
C' y of San Bernardino
Approved as to form and
24 legal content:
25 JAMES F. PENMAN,
City Attorney
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HTC/js [Legal Services. RES]
98-199
1
A G R E E MEN T
THIS AGREEMENT is made and entered this t//A- day of
Y7- 1998, by and between the Community Development
Commission of the City of San Bernardino, on behalf of the
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5 Economic Development Agency of the City of San Bernardino, a
6 public agency of the State of California, hereinafter referred to
7 as the "Agency", and the City of San Bernardino, a charter city,
8 hereinafter referred to as "City".
9 The parties do hereby agree:
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1. Recitals.
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(a) Agency needs full-time attorney service to render
12 legal advice, assist in drafting documents, provide review and
13 revision of documents, agreements and resolutions, and participate
14 in negotiations with developers and others.
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(b)
City, through its City Attorney, is prepared to
16 provide services as Agency Counsel for Agency and its governing
17 body, the Community Development Commission.
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Implementation.
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(a) Services. Agency agrees to retain and City agrees
20 to provide, the services of the City Attorney, as Agency Counsel,
21 who shall perform or have performed all the necessary services in
22 connection with projects undertaken by the Agency, or being
23 considered by the Agency, and shall render in a satisfactory and
24 proper manner as determined by the Agency all legal services
25 necessary and desired, and shall confer when necessary with the
26 Agency and any state or federal agency on legal matters; shall
27 perform all work of a legal nature necessary and required by the
28 Agency with necessary legal advice for the proper conduct of all
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98-199
1 projects undertaken by the Agency. The parties contemplate that
2 the City Attorney will assign sufficient attorneys to perform the
3 foregoing legal services. Such legal services for the Agency
4 shall be given priority. Both parties contemplate continued need
5 for the Agency to utilize services of outside counsel,
6 particularly in bond-related matters. The City Attorney shall
7 determine when the services of outside counsel are required and
8 arrange for the employment of same and Agency staff shall consult
9 with the City Attorney prior to the employment of outside counsel
10 and prior to the assignment of matters to such counsel. All
11 outside counsel shall keep the City Attorney informed of their
12 work and provide copies of any and all correspondence with Agency
13 to City Attorney. Under the general direction of the Commission,
14 City Attorney shall be responsible for directing and coordinating
15 services performed by outside counsel, shall work with outside
16 Counsel retained and shall review all billings from outside
17 counsel. In addition, in connection with providing the foregoing
18 legal services, the City Attorney's office will also provide
19 sufficient secretarial support services.
20 (b) Data to be Furnished City. The following data
21 will be furnished by Agency at the time work assignments covered
22 by this contract are made to the City: All records and information
23 pertaining to legal requirements of the Agency, including any
24 back-up materials, applicable regulations, correspondence,
25 preliminary drafts of agreements, if any, and any other materials
26 relating to the project in the possession of the Agency.
27 (c) Time of Performance. The services of the City
28 Attorney's office under this agreement are to commence as of July
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98-199
1 1, 1998, and shall be undertaken and completed in such sequence as
2 to assure their expeditious completion in light of the purpose of
3 this agreement. This agreement shall be in effect until June 30,
4 2002, and thereafter shall continue for consecutive periods of one
5 year unless sooner terminated by the action of either Agency or
6 City as herein provided.
7 (d) ComDensation.
8 (1) Attornev Services. Agency will pay City a
9 retainer of $136,400.00 (One Hundred Thirty Six Thousand Four
10 Hundred Dollars) per year in full payment for the services of the
11 City Attorney's office under this agreement except as otherwise
12 provided herein. City shall provide the Agency an itemization of
13 specific services rendered, and the account category representing
14 the project or activity to which services are to be charged. In
15 addition to the compensation identified herein, Agency will
16 reimburse City for travel and subsistence expenses away from the
17 Agency's principal place of business when said travel is
18 specifically required or authorized by the Agency, unless such
19 reimbursement is paid directly to the assigned attorney.
20 Limitations on cost of transportation and subsistence expenses
21 shall be the same as those that currently prevail for staff
22 members of the Agency. Agency shall also pay for training and
23 conferences and related travel and lodging for assigned members of
24 the City Attorney's staff which directly relate to services to
25 Agency.
26 (2) Extraordinary Services. Agency will pay City for
27 the actual cost of any extraordinary services provided by the City
28 Attorney. Such services shall include, but shall not be limited
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98-199
1 to, services of the City Attorney Investigator, etc.
2 (3) Litigation and ADDeals. Agency will pay City for
3 the cost of litigation where Agency is either plaintiff or
4 defendant in the amount of One Hundred Ten Dollars ($110.00) per
5 hour. Such amount shall include all attorney, secretarial and
6 paralegal time but shall not include the cost of City Attorney
7 Investigators covered by (d) (2) above, the actual cost of
8 secretarial time in excess of the amount of attorney time
9 expended, the cost of secretarial overtime for such matters, the
10 cost of paralegal overtime for such matters, nor any out-of-pocket
11 expenses such as filing costs, deposition costs, outside
12 secretarial costs, special copy costs, etc.
13 (e) Terms and Conditions. This agreement is subject
14 to and incorporates the provisions of any and all federal
15 regulations concerning the provision of legal services to Agency.
16 (f) Conflict of Interest. In the event a conflict of
17 interest results from providing services to both Agency and City,
18 the City Attorney shall disqualify himself and his office from
19 representation of Agency, and Agency shall retain outside counsel.
20 Agency hereby waives any claim that the City Attorney should
21 generally disqualify himself from representing City, and hereby
22 consents to any such representation of City.
23 (g) Termination of Prior Contract. All previous
24 agreements between the parties hereto relating to legal services
25 are hereby terminated on the effective date of this agreement.
26 (h) Termination. This agreement may be terminated by
27 either Agency or City upon thirty days' written notice to the
28 other.
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98-199
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IN WITNESS WHEREOF, the parties have executed this
2 agreement, on the day and date first above shown.
3 ATTEST: ECONOMIC DEVELOPMENT AGENCY
OF OF SAN BERNARDINO
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Appr
and
as to form
content:
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AGENCY
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9 By
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ATTEST:
CITY OF SAN BERNARDINO
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14 Approved as to form
and legal content:
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JAMES F. PENMAN,
16 City Attorney
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