HomeMy WebLinkAbout1995-214
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RESOLUTION NO.
95-214
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
THE CITY ATTORNEY TO PROVIDE LEGAL SERVICES TO THE COMMUNITY
DEVELOPMENT COMMISSION AND ECONOMIC DEVELOPMENT AGENCY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
7 execute an agreement with the Community Development Commission for
8 the City Attorney to provide legal services to the Commission and
9 the Economic Development Agency.
SECTION 2.
The authorization to execute the above-
11 referenced Agreement is rescinded if the parties to the Agreement
12 fail to execute it within sixty (60) days of the passage of this
13 Resolution.
14 I HEREBY CERTIFY that the foregoing Resolution was duly
15 adopted by the Mayor and Common Council of the City of
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San Bernardino at a
regular
meeting thereof, held on the
19th day of
June
, 1995, by the fOllowing vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
~~~
City Clerk
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1 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FO
THE CITY ATTORNEY TO PROVIDE LEGAL SERVICES TO THE COMMUNIT
2 DEVELOPMENT COMMISSION AND ECONOMIC DEVELOPMENT AGENCY.
The foregoing Resolution is hereby approved this d~~ day
of
June
, 1995.
<~)1;L~
T6m'Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
.f~
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95-214
1 A G R E E MEN T
2 THIS AGREEMENT is made and entered this 23rd day of
3 June , 1995, by and between the Community Development
4 Commission of the City of San Bernardino, on behalf of the
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:
10 1. Recitals.
11 (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.
15 (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.
18 2. Implementation.
19 (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 proj ects 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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d
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, include any back-
24 up materials, applicable regulations, correspondence, preliminary
25 drafts of agreements, if any, and any other materials relating to
26 the project in the possession of the Agency.
27 (c) Time of Performance. The services of the City
28 Attorney and secretarial support are to commence as of July 1,
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1 1995, and shall be undertaken and completed in such sequence as to
2 assure their expeditious completion in light of the purpose of
3 this agreement. This agreement shall be in effect until June 30,
4 2000, 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) Compensation.
8 (1) Attorney Services. Agency will pay City a
9 retainer of $100,000.00 (One Hundred Thousand Dollars) per year in
10 full payment for the services of the City Attorney's office under
11 this agreement except as otherwise provided herein. City shall
12 provide the Agency an itemization of specific services rendered,
13 and the account category representing the project or activity to
14 which services are to be charged. In addition to the compensation
15 identified herein, Agency will reimburse City for travel and
16 subsistence expenses away from the Agency's principal place of
17 business when said travel is specifically required or authorized
18 by the Agency, unless such reimbursement is paid directly to the
19 assigned attorney. Limi tations on cost of transportation and
20 subsistence expenses shall be the same as those that currently
21 prevail for staff members of the Agency. Agency shall also pay
22 for training and conferences and related travel and lodging for
23 assigned members of the City Attorney's staff which directly
24 relate to services to Agency.
25 (2) Extraordinary Services. Agency will pay City for
26 the actual cost of any extraordinary services provided by the City
27 Attorney. Such services shall include, but shall not be limited
28 to, services of the City Attorney Investigator, etc.
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(3) Litigation and Appeals. Agency will pay City for
the cost of litigation where Agency is either plaintiff or
defendant in the amount of Ninety-five Dollars ($95.00) per hour.
Such amount shall include all attorney, secretarial and paralegal
time but shall not include the cost of City Attorney Investigators
covered by (d)(2) above, the actual cost of secretarial time in
excess of the amount of attorney time expended, the cost of
secretarial overtime for such matters, the cost of paralegal
overtime for such matters, nor any out-of-pocket expenses such as
filing costs, deposition costs, outside secretarial costs, special
copy costs, etc.
(e) Terms and Conditions. This agreement is subject
to and incorporates the provisions of any and all federal
regulations concerning the provision of legal services to Agency.
(f) Conflict of Interest. In the event a conflict of
interest results from providing services to both Agency and City,
the City Attorney shall disqualify himself and his office from
representation of Agency, and Agency shall retain outside counsel.
Agency hereby waives any claim that the City Attorney should
generally disqualify himself from representing City, and hereby
consents to any such representation of City.
(g) Termination of Prior Contract. All previous
agreements between the parties hereto relating to legal services
are hereby terminated on the effective date of this agreement.
(h) Termination. This agreement may be terminated by
ei ther Agency or City upon thirty days I written notice to the
other.
IN WITNESS WHEREOF,
the
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parties
have
executed
this
95-214
1 agreement, on the day and date first above shown.
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::TES~
Secreta
Approved as to form
and legal content:
AGENCY COUNSEL
By
ATTEST:
g~~
Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
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By J{7rU. ~
C~airman, Tom Minor
CITY OF SAN BERNARDINO
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By /~ I{ Ut~
Tom Minor, Mayor
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