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RESOLUTION NO.
88-289
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 FOLLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement between the City of
San Bernardino and the Redevelopment Agency of the City of San
Bernardino, relating to legal services.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on
the
day of
August
, 1988, by the following
1st
vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor. Pope-Ludlam. Miller
NAYS:
None
ABSENT:
None
..4ft>>/h7,(1J~4I /
/ei ty Clerk
7-19-88
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2 The foregoing resolution is hereby approved this .2>tt{ day
3 of August , 1988.
1..~t'A~ 7J'q-
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1yn Wi cox, Mayor
City of San Bernardino
6 Approved as to form
7 an legal content:
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A G R E E MEN T
(Legal Services)
THIS AGREEMENT is made and entered into effective as of the
_1st day of August , 1988, by and between
the Community Development Commission of the City of San
Bernardino, on behalf of the Redevelopment Agency of the City of
San Bernardino, a public agency of the State of California,
hereinafter referred to as the "Agency", and the City of San
Bernardino, a charter city, hereinafter referred to as "City".
The parties do hereby agree:
1. Recitals.
(a) Agency needs full-time attorney service to render
legal advice, assist in drafting documents, provide review and
revision of documents, agreements and resolutions, and
participate in negotiations with developers and others.
(b) City, through its City Attorney, is prepared to
provide services as Agency Counsel for Agency and its governing
body, the Community Development Commission.
2. Implementation.
(a) Services. Agency agrees to retain and City
agrees to provide, the services of the City Attorney, as Agency
Counsel, who shall perform or have performed all the necessary
services in connection with projects undertaken by the Agency, or
being considered by the Agency, and shall render in a
satisfactory and proper manner as determined by the Agency all
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legal services necessary and desired, and shall confer when
necessary with the Agency and any state or federal agency on
legal matters; shall perform all work of a legal nature necessary
and required by the Agency and any state or federal agency and
provide the Agency with necessary legal advice for the proper
conduct of all projects undertaken by the Agency. The parties
contemplate that the City Attorney will assign sufficient
attorneys to perform the foregoing legal services. Such legal
services for the Agency shall be given priority. Both parties
contemplate continued need for the Agency to utilize services of
outside counsel, particularly in bond-related matters. The
City Attorney shall determine when the services of outside
counsel are required and arrange for the employment of same. All
outside counsel shall keep the City Attorney informed of their
work and provide copies of any and all correspondence with Agency
to City Attorney. Under the general direction of the Commission,
City Attorney shall be responsible for directing and
coordinating services performed by outside counsel and shall work
with outside Counsel retained. In connection with providing the
foregoing legal services, the City Attorney's office will also
provide sufficient secretarial support services.
(b) Data to be Furnished City. The following data
will be furnished by Agency at the time work assignments covered
by this contract are made to the City; all records and
information pertaining to legal requirements of the Agency,
include any back-up materials, applicable regulations,
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correspondence, preliminary drafts of agreements, if any, and any
other materials relating to the project in the possession of the
Agency.
(c) Time of Performance. The services of the City
Attorney and secretarial support are to commence as of the
effective date of this Agreement, and shall be undertaken and
completed in such sequence as to assure their expeditious
completion in light of the purpose of this agreement. This
agreement shall be in effect until June 30, 1989, and thereafter
shall continue for consecutive periods of one year unless sooner
terminated by the action of either Agency or City.
(d) Compensation.
(1) Attorney Services. It is anticipated that the
services to be supplied by the City Attorney will constitute on
average an amount equal to 90% of the time of the Senior
Assistant City Attorney. Therefore, Agency will pay City on a
monthly basis at a rate of 90% of the salary of the Senior
Assistant City Attorney plus 90% of the cost of applicable fringe
benefits. The rate charged shall be adjusted automatically if
the salary and fringe benefits of the Senior Assistant City
Attorney are modified by the City. City shall provide to Agency
an invoice for payment covering the payroll and fringe benefit
expenses on a monthly basis, together with, if required by
Agency, itemization of specific services rendered, and the
account category representing the project or activity to which
services are to be charged. In addition to the compensation
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identified herein, Agency will reimburse City for travel and
subsistence expenses away from the Agency's principal place of
business when said travel is specifically required or authorized
by the Agency, unless such reimbursement is paid directly to the
assigned attorney. Limitations on cost of transportation and
subsistence expenses shall be the same as those that currently
prevail for staff members of the Agency.
(2) Secretarial Services. Agency will pay City at a
rate representing 90% of the actual cost for the salary of a
Legal Secretary II for providing secretarial services, including
fringe benefits, on a monthly basis. The rate charged shall be
adjusted automatically if the salary and fringe benefits of the
Legal Secretary II assigned to provide this service is modified
by the City. City shall provide to Agency an invoice for payment
covering the payroll and fringe benefits expenses of the assigned
Legal Secretary lIon a monthly basis. The services shall be
apportioned among projects in the same ratio each month as are
the services provided by the assigned Attorneys.
(3) Extraordinary Services. Agency will pay City for
the actual cost of any extraordinary services provided by the
City Attorney. Such services shall include, but shall not be
limited to, services of the City Attorney Investigator,
litigation, appeals, 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.
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(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 shall waive 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. That certain
agreement between the parties hereto dated July 1, 1985, relating
to legal services is 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' written notice to the
other.
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IN WITNESS WHEREOF,
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the parties have executed this
agreement, which shall be effective as of the _~ day of
~
, 1988.
Approved as to form
and legal content:
AGENCY COUNSEL
BY~J
../ enni . Barlow
ATTEST:
~~A'4~.Q~/
-c,Uy Clerk.
Approved as to form
and legal content:
.~
Attorney
7-19-88
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REDEVELOPMENT AGENCY OF THE
::TY~~ B:;i~
~irman -;-
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By 4~~
{j Secretary
By
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