HomeMy WebLinkAboutR13-Redevelopment Agency
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REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
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JAMES E. ROBBINS, ACTING EXECUTIVE DIRECTOR
SU8JECT: LEGAL SERVICES AGREEMENT
DEPT: REDEVELOPMENT AGENCY
DATE: JULY 26. 1988
Synopsis of Previous Commission/Council Action:
01/21/85 Resolution No. 4713 was adopted authorizing execution of a agreement
between Agency and City for legal services.
Recommended Motion:
(MAYOR AND COMMON COUNCIL)
MOVE TO ADOPT A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN 8ERNARDINO AND
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
RELATING TO LEGAL SERVICES.
(COMMUNITY DEVELOPMENT COMMISSION)
MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
AN AGREEMENT BY AND 8ETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARIDNO RELATING TO
LEGAL SERVICES.
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Contact Person: James E. Robbins ~: 384-5081
SupportlnQ data attached: Yes Ward: N/A
FUNDING REQUIREMENTS: Amount: $N/A Project: N/A
No adverse Impact on City: Date: AUGUST 1, 1988
Councl1 Notes:
Agenda Item fl-.--' / :3
1470R/JLV/mv
August 1. 1988
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S T A F F R E P 0 R T
As has been done in the past. the Agency staff is deslrou~ of entering Into a
agreement with the City of San Bernardino for legal services to be provided by
the City Attorney's office to the Redevelopment Agency.
Discussions have been occurlng over the past several months and a proposed
agreement has been drafted for your review and consideration. A synopsis of
same Is as follows:
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.
Comoensatlon:
Agency to pay City on a monthly basis 90t of salary for Senior Assistant
City Attorney and fringe benefits. The approximate amount per month Is
$5.396.00 plus 30t in benefits.
Agency to pay City on
and fringe benefits.
30t In benefits.
a monthly basis 90t of salary for Legal Secretary II
The approximate amount per month Is $1,868.40 plus
Termination:
Agreement can be terminated by either party upon thirty days written
notlce to the other.
Staff recommends adoption of the appropriate Resolutions authorizing the
execution of the agreement.
1 470R/JLV/mv
August 1, 1988
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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 'l'HE 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
meeting thereof, held on
, 1988, by the following
day of
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
7-19-88
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21 The foregoing resolution is hereby approved this day
3 of , 1988.
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5 Evlyn Wilcox, Mayor
Ci ty of San Bernardino
6 Approved as to form
7 an~ 1~ga1 c~ntent:
8
ity Attorney
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO
RELATING TO LEGAL SERVICES.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Chairman and Secretary of the Community
Development Commission of the City of San Bernardino are hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino an Agreement
for Legal Services with the City of San Bernardino , with such
non-substantive changes to said Agreement as may be approved by
the Chairman and Agency Counsel. A copy of said Agreement is
attached hereto as Exhibit "1" and incorporated herein by this as
though fully set forth at length.
Dated:
App~oved as to form
and legal content:
AGENCY COUNSEL
20 BY~~~~)
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The foregoing resolution was duly adopted by the fOllowing
vote, to wit:
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AYES:
NAYS:
ABSENT or
ABSTAIN:
Members
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AGREEMENT
(Legal Services)
THIS AGREEMENT is made and entered into effective as of the
day of , 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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C , ~~;al services necessary and desired, ~d shall confer when
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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 ~d 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 II on 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
either Agency or City upon thirty days' written notice to the
other.
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IN WITNESS WHEREOF, the parties have executed this
agreement, which sha11 be effective as of the
day of
, 1988.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Approved as to form
and 1ega1 content:
By
Chairman
AGENCY COUNSEL
BY~
./ enni . Barlow
By
Secretary
ATTEST:
CITY OF SAN BERNARDINO
By
City C1erk
Ev1yn Wilcox, Mayor
Approved as to form
and 1egal content:
7-19-88
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