HomeMy WebLinkAboutR16-Economic Development Agency
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DBVBLOPMBNT DBPARTMBNT
or TIlE CITY or SAIl IlBIltAIDDO
II1UlIIKST FOR COIMISSION/CODBCIL ACTION
From:
KENNETH J. IIBlUlERSON
Executive Director
Subject: AGi:unu:r FOR LEGAL
SERVICES
Date:
December 12, 1991
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Svnoosis of Previous en--tssionlCouncil/ComBittee Actionls):
None.
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Recommended Motionls):
(lIavor .nd Cnmmnn Council)
MOTION A:
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION or AN AGREEMENT BETWEEN TIlE CITY OF SAIl BERNARDINO
A1ID TIlE COIBlBITY DEVELOPMENT COMMISSION OF THE CITY OF SAIl'
BEIlBARDINO RELATING TO LEGAL SERVICES.
lc-m.tty Develollment c--tssion)
MOTION B: Authorizing the execution of a legal agreement between
the City of San Bernardino and the Community Development
Commission of the City of San Bernardino relating to
legal services
Adm~rator
lUIlUUIIll J. ON
Executive Direc or
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Contact Person(s): Ken Henderson
Phone:
5081
Project Area(s): All
Ward(s) :
All
Supporting Data Attached: Staff Reoort
FlJlIIDING REQUIREMENTS:
Amount: $95.00/Hour
Source: Tax Increment
Budget Authority:
BelM Sou2ht
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ComBissionlCouncil BOtes:
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KJH:lag:0322E
COIMISSION IlEETIBG AGBlIDA
Meeting Date: 12/12/1991
Agenda Itea lf1aber: / ~
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
The Community Development Commission
FROM:
Dennis A. Barlow, Sr. Asst. City Attorney
DATE:
December 10, 1991
Agreement for Legal Services
RE:
In 1985, the Commission and the Mayor and Council approved an
Agreement for legal service whereby the City Attorney would provide
certain legal services to the Commission and the Redevelopment
Agency. This was replaced on August 1, 1988, with a new Agreement.
Following the recent reorganization resulting in a larger Economic
Development Agency it seems appropriate to revise this Agreement
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once again to reflect the increased workload and realities of
tighter budgets.
Attached is a proposed new Agreement which makes several
changes to the old agreement including the following:
1. Includes a 10% overhead charge to the standard legal
costs to the Agency.
2. Although the previous agreement specifies that litigation
would be an additional expense, this Agreement provides
that such cost will be at $95.00 per hour and outlines
what additional services will be charged in addition to
that rate.
The reason for these changes, of course, is that in these
economic times the City cannot afford to merely absorb extra legal
o services provided to the Agency, which is in reality an outside
entity.
But even. so the rate of $95.00 per hour is a very
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favorable one with most outside law firms charging substantially
more than that. It is recommended that the City and the Commission
approve the new Agreement.
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./DENNIS A. LOW
DAB:ja\Leg-Serv.M..
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
RELATING TO LEGAL SERVICES.
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
execute on behalf of said City an Agreement between the City of
San Bernardino, relating to legal services.
I HEREBY CERTIFY that the foregoing resolution was duly
10 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
the
day of
, 1991 by the following
vote, to wit:
14 Council Members:
AYES
NAYS
ABSTAIN ABSENT
15 ESTRADA
16 REILLY
17 HERNANDEZ
18 MAUDSLEY
19 MINOR
20 POPE-LUDLAM
21 MILLER
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City Clerk
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The foregoing resolution is hereby approved this
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Approved as to form
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8 L 7.~
~ltY.Attorney
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of
, 1991.
day
W.R. HOlcomb, Mayor
City of San Bernardino
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1 AGREEMENT
2 THIS AGREEMENT is made and entered into effective as of the
3 day of , 1991, by and between the Community
4 Development Commission of the City of San Bernardino, on behalf of
5 the 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 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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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. All outside counsel shall
9 keep the City Attorney informed of their work and provide copies
10 of any and all correspondence with Agency to City Attorney. Under
11 the general direction of the Commission, City Attorney shall be
12 responsible for directing and coordinating services performed by
13 outside counsel and shall work with outside Counsel retained. In
14 connection with providing the foregoing legal services, the City
15 Attorney's office will also provide sufficient secretarial support
16 services.
17 (b) Data to be Furnished City. The fOllowing data
18 will be furnished by Agency at the time work assignments covered
19 by this contract are made to the City; all records and information
20 pertaining to legal requirements of the Agency, include any back-
21 up materials, applicable regulations, correspondence, preliminary
22 drafts of agreements, if any, and any other materials relating to
23 the project in the possession of the Agency.
24 (c) Time of Performance. The services of the City
25 Attorney and secretarial support are to commence as of the
26 effective date of this Agreement, and shall be undertaken and
27 completed in such sequence as to assure their expeditious
28 completion in light of the purpose of this agreement. This
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1 agreement shall be in effect until June 30, 1992, and thereafter
2 shall continue for consecutive periods of one year unless sooner
3 terminated by the action of either Agency or City.
4 (d) Compensation.
5 (1) Attorney Services. It is anticipated that the
6 services to be supplied by the City Attorney will constitute on
7 average an amount equal to 90% of the time of the Senior Assistant
8 City Attorney. Therefore, Agency will pay City on a monthly basis
9 at a rate of 90% of the salary of the Senior Assistant City
10 Attorney plus 90% of the cost of applicable fringe benefits plus
11 a 10% overhead charge. The rate charged shall be adjusted
12 automatically if the salary and fringe benefits of the Senior
13 Assistant City Attorney are modified by the City. Ci ty shall
14 provide the Agency an invoice for payment covering the payroll and
15 fringe benefit expenses on a regular basis, together with, if
16 required by Agency, itemization of specific services rendered, and
17 the account category representing the project or activity to which
18 services are to be charged. In addition to the compensation
19 identified herein, Agency will reimburse City for travel and
20 subsistence expenses away from the Agency's principal place of
21 business when said travel is specifically required or authorized
22 by the Agency, unless such reimbursement is paid directly to the
23 assigned attorney. Limi tations on cost of transportation and
24 subsistence expenses shall be the same as those that currently
25 prevail for staff members of the Agency.
26 (2) Secretarial Services. Agency will pay City at a
27 rate representing 90% of the actual cost for the salary of a Legal
28 Secretary II for providing secretarial services, including fringe
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1 benefits plus a 10\ overhead charge, on a regular basis. The rate
2 charged shall be adjusted automatically if the salary and fringe
3 benefits of the Legal Secretary II assigned to provide this
4 service is modified by the City. Ci ty shall provide the Agency an
5 invoice for payment covering the payroll and fringe benefits
6 expenses of the assigned Legal Secretary II on a regular basis.
7 The service shall be apportioned among projects in the same ratio
8 each month as are the services provided by the assigned Attorneys.
9 (3) Extraordinary Services. Agency will pay City for
10 the actual cost of any extraordinary services provided by the City
11 Attorney. Such services shall include, but shall not be limited
12 to, services of the City Attorney Investigator, etc.
13 (4) Litigation and Appeals. Agency will pay City for
14 the cost of litigation where Agency is either plaintiff or
15 defendant in the amount of Ninety-five Dollars ($95.00) per hour.
16 Such amount shall inClude all attorney, secretarial and paralegal
17 time but shall not include the cost of City Attorney Investigators
18 covered by (d)(3) above, the actual cost of secretarial time in
19 excess of the amount of attorney time expended, the cost of
20 secretarial overtime for such matters, the cost of paralegal
21 overtime for such matters, nor any out-of-pocket expenses such as
22 filing costs, deposition costs, outside secretarial costs, special
23 copy costs, etc. If the City is also a party to such litigation
24 such hourly charge shall be prorated between the parties
25 represented by the City Attorney based on the determination of the
26 City Attorney as to which is the primary plaintiff or defendant
27 and the degree of responsibility. Such determination may not be
28 used in any manner to determine degree of fault or division of
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1 damages.
2 (e) Terms and Conditions. This agreement is subject
3 to and incorporates the provisions of any and all federal
4 regulations concerning the provision of legal services to Agency.
5 (f) Conflict of Interest. In the event a conflict of
6 interest results from providing services to both Agency and City,
7 the City Attorney shall disqualify himself and his office from
8 representation of Agency, and Agency shall retain outside counsel.
9 Agency hereby waives any claim that the City Attorney should
10 generally disqualify himself from representing City, and hereby
11 consents to any such representation of City.
12 (g) Termination of Prior Contract. That certain
13 agreement between the parties hereto dated August 1, 1988,
14 relating to legal services is hereby terminated on the effective
15 date of this agreement.
16 (h) Termination. This agreement may be terminated by
17 either Agency or City upon thirty days' written notice of the
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IN WITNESS WHEREOF, the parties have executed this
agreement, which shall be effective as of the
day of
, 1991
ATTEST:
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By
Secretary
By
Chairman
Approved as to form
and legal content:
AGENCY COUNSEL
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ATTEST:
CITY OF SAN BERNARDINO
By
W.R. HOLCOMB, Mayor
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
By L 1-~
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