HomeMy WebLinkAbout1985-043
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RESOLUTION NO. 85-43
RESOI,UTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENWWITH THE REDEVELOPMENT AGENCY OF THE CIT
OF SAN BERNARDINO RELATING TO LEGAL SERVICES BY THE SENIOR
ASSISTANT CITY ATTORNEY; AND REPEALING RESOLUTION NO. 84-537.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF .
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
Agreement with the Redevelopment Agency of the City of San
Bernardino relating to legal services by the Senior Assistant City
Attorney, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as though set forth
at length.
SECTION 2. Resolution No. 84-537 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
rpglllFlr
meeting thereof, held on
the 7.181' day of
to wi t :
, 1985, by the following vote,
,lF1nl1Flry
AYES:
Council Members rt=l~trlr.P.rlFl Rp; 11 Y Hprn;:::;nrlp'7.
Mt=lrk~ 01l;pl F'rrl7.;pr ~+ri(""klpr
NAYS: NonA
ABSENT: None>
The foregoing resolution is
..dH4'4?h' ~
/ C1ty C er
'Z c3/t.(' day
of
.1rlnl1;::lry
, 1985.
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City ttorney
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A G R E E MEN T
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(Legal Services)
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THIS AGREEMENT is made and entered into effective as of the
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17th day of December, 1984, by and between the REDEVELOPMENT
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AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public agency
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of the State of California, hereinafter referred to as the
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I"Agency., and the CITY OF SAN BERNARDINO, a charter city,
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hereinafter referred to as the "City".
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The parties do hereby agree:
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1. Recitals.
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(a) Agency needs full time attorney services 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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2. Implementation.
(a) Services. Agency agrees to retain and City agrees
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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 federal agency on legal matters1 shall perform all
27 work of a legal nature necessary and required by the Agency and
28 any federal agency and provide the Agency with the necessary legal
1 advice for the proper conduct of all projects undertaken by the
2 Agency. The parties contemplate that Allen R. Briggs, Senior
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Assistant City Attorney will be assigned by the City Attorney to
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perform the foregoing legal services on a full time basis, with no
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conflicting assignments, except that he shall provide services as
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IActing City Attorney in the absence of the City Attorney. Such
Ilega~ services for the Agency shall be given priority. Both
IParties contemplate continued need for the Agency to utilize
!SerViCes of outside counsel, particularly in bond-related matters.
IThe Agency Counsel shall be consulted in the hiring of any outside
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counsel, and all outside counsel shall provide a copy of any
12 correspondence with Agency to Agency Counsel. Under the general
13 direction of the Commission, Agency Counsel shall be responsible
14 for directing and coordinating services performed by outside
15 counsel and shall work with outside Council retained.
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(bl Data to be Furnished City. The following data will
17 be furnished City by Agency at the time work assignments covered
18 by this contract are made to the City: all records and
19 information pertaining to legal requirements of the Agency,
20 including any back-up materials, applicable regulations,
21 correspondence, preliminary drafts or agreements, or other
22 materials relating to the project in the possession of the Agency.
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(cl Time of Performance. The services of the Agency
24 Counsel are to commence December 17, 1984, and shall be undertaken
25 and completed in such sequence as to assure their expeditious
26 completion in light of the purposes of this agreement. This
27 agreement shall be in effect until December 31, 1985, and
28 thereafter shall continue for consecutive periods of one year
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1 unless sooner terminated by the action of either Agency or City.
2 (d) Compensation. Agency will pay City at a rate
3 representing the actual cost (minus 10%) of providing the attorney
4 services, including fringe benefits, on a monthly basis, for all
5 work performed on behalf of Agency, which initially is set at
6 $5148 per month ($4400 salary plus $1320 fringes, minus 10%).
7 City shall provide to Agency an invoice for payment covering the
8 payroll and fringe benefit expenses of the assigned attorney on a
9 monthly basis, together with, if required by Agency, itemization
10 of specific services rendered, and the account category
11 representing the project or activity to which services are to be
12 charged. In addition to the compensation specified herein, Agency
13 will reimburse City for travel and subsistence expenses away from
14 the Agency's principal place of business when said travel is
15 specifically required or authorized by the Agency, unless such
16 reimbursement is paid directly to the assigned attorney.
17 Limitations on cost of transportation and subsistence expenses
18 shall be the same as those that currently prevail for staff
19 members of the Agency.
20 (e) Terms and Conditions. This agreement is subject to
21 and incorporates the provisions of any and all federal regulations
22 concerning the provision of legal services to Agency.
23 (f) Conflict of Interest. In the event a conflict of
24 interest results from providing services to both Agency and City,
25 the City Attorney shall disqualify himself and his office from
26 representation of Agency, and Agency shall retain outside counsel.
27 Agency shall waive any claim that the City Attorney should
28 disqualify himself from representing City, and consents to any
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such representation of City.
(g) Termination of Prior Contract. That certain
agreement between the parties hereto dated May 1, 1984, relating
to legal services is terminated on the effective date of this
agreement.
(h) Termination. This agreement may be terminated by
either Agency or City upon thirty days' notice.
IN WITNESS WHEREOF, the parties have executed this agreement,
which shall be effective as of the 17th day of December, 1984.
OF
REDEVELOPMENT AGENCY OF
SAN BERNARDINO, CALIFO
By
Secretary
Approved as to form:
AGENCY COUNSEL
By!l~/{~r
ATTEST:
v#>>///l#/~M
-Clty Clerk
Approved as to form:
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City A torney
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