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HomeMy WebLinkAboutMINUTES - 07071987 - 1.114 TO: REDEVELOPMENT AGENCY FROM: Phil Batchelor, Executive Director DATE: June 24, 1987 SUBJECT: Contract for Legal Consulting Services SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve and authorize the Executive Director or his designee to execute a contract between the Redevelopment Agency and Goldfarb and Lipman for legal consulting services to the Contra Costa County Redevelopment Agency for Fiscal Year 1987-88. FISCAL IMPACT Contract is to be billed on a time and materials basis not to exceed $75,000 for Fiscal Year 1987-88 . The Agency has sufficient funds to cover such costs. BACKGROUND/REASONS FOR RECOMMENDATIONS Staff recommends that Goldfarb and Lipman continue as Redevelopment Agency Legal Counsel, having provided satisfactory service and counsel over the course of the past three-plus years. Need for continuing services includes: further negotiation and drafting of Disposition and Development Agreements (DDA) , and implementation of various agreements and property conveyances in the Pleasant Hill BART Station Redevelopment Project Area; final consultation and document preparation relating to adoption of the North Richmond Redevelopment Plan; consultation and document, report and plan preparation relating to adoption of a West Pittsburg Redevelopment Plan; and consultation relating to redevelopment activity and functions within the County. CONTINUED ON ATTACHMENT: YES SIGNATURE: jju��5 RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATIONAGt - CO MfTNEE APPROVE OTHER SIGNATURE(S) : ACTION OF AGENCY ON July 7, 1987 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 1 & 4 TRUE AND CORRECT copy OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. cc: Redevelopment Agency ATTESTED July 7, 1987 County Counsel PHIL BATCHELOR, Auditor-Controller AGENCY SECRETARY Goldfarb & Lipman (Via RDA) BY DEPUTY GR:krc ral57-7-87 .bol CONTRACT FOR REDEVELOPMENT LEGAL AND CONSULTING SERVICES: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY SECTION 1: PARTIES AND PURPOSE Section 1. 1 Parties. THIS AGREEMENT is entered into as of this 7th day of July 1987 , by and between the Contra Costa County Redevelopment Agency, a public body corporate and politic, herein- after referred to as the "Agency" and GOLDFARB & LIPMAN, a partner- ship, hereinafter referred to as the "Contractor" . Section 1. 2: Purpose. The Contra Costa County Board of' Superviso.rs adopted a Redevelopment Plan for the Pleasant Hill BART Station Area Redevelopment Project, by Ordinance No. 84-30 (RD) dated July 10, 1984 . .The Board is proposing to establish a second redevelopment project area through adoption of the North Richmond Redevelopment Plan, in July, 1987 . The Board has also taken initial steps towards creating a third project area in West Pittsburg. Consideration of the West Pittsburg Redevelopment Plan is planned for December, 1987 . The Agency desires to employ the Contractor to provide special legal services in connection with the Agency' s adoption and implementation of these plans. The Agency also desires to employ the Contractor to provide special legal services in connection with the formulation, adoption and implementation of other redevelopment projects in the unincorporated areas of the County. SECTION 2 . SCOPE OF SERVICES Section 2. 1: Basic Services. During the term of this Agreement, the Contractor shall provide legal services as requested and directed by the Executive Director of the Agency or his designee in connection with the implementation of the plan. These services may include without limitation. a. Assistance in implementation of the Agency' s Rules for Owner Participation. b. Negotiation and drafting of owner participation agreements and disposition and development agreements with developers of properties; c. Negotiation and drafting of agreements with various public entities that are necessary to implementation- of the- Plan; d. Assistance and advice to the Agency in complying with the housing requirements of the Community Redevelopment Law; e. Assistance and advice to the Agency in complying with the relocation requirements of State Law; f. Attendance at meetings of the Board of Supervisors, the Agency, staff, property owners and residents; g. Preparation or resolution, notices and other legal documents necessary for adoption and implementation of the Plans; and h. Provision of other legal services necessary for adoption and implementation of the Plans.. Section 2. 2: Additional Project. In addition to services provided in connection with the Pleasant Hill BART Station, North Richmond and West Pittsburg Redevelopment Projects, Contractor shall provide legal services as requested and directed by the Executive Director of the Agency, or his Deputy, in connection with other proposed Redevelopment projects and in connection with redevelopment activities and functions within the County. Section 2. 3 : Term. The effective date of this Agreement is July 1, 1987, and it terminates on June 30, 1988. -1- SECTION 3 : COMPENSATION Section 3. 1: Basic Fee. The Contractor shall be compensated at the following hourly rates for the provision of all services other than those services set forth in Section 3 .2: Partner $135.00 Associate $110. 00 Paralegal $ 50.00 The Parties estimate that the compensation for the services set forth in Section 2 .l. :5;b4llnot exceed seventy five thousand dollars ( $75,000) . This amount does not include services rendered by Agency staff, consultants hired directly by the Agency or Consultantshired by the -Contractor with prior written authorization by the Agency:The contractor will not bill the Agency in excess of $75, 000 for the 'provision of Basic Services without a written amendment of this Section 3.1. Section 3. 2 ' Reimbursable Expenses. In addition to the-Basic Fee set forth in Sections 3 . 1, the Contractor shall be reimbursed forits actual costs in connection with the following items: a. The costs of printing or photocopying documents beyond the number of documents reasonably required for staff, Agency and the Board of Supervisors' use. .b. The cost of mailing all legal notices required by the CRL, including the cost of obtaining mailing labels from the County Assessor' s office; and c. Fees charged by any governmental entity in connection with implementation of the plan. Section 3 .3 . Method of Payment. The Contractor shall submit to the Agency on the first day of each month an invoice setting forth the amount due for the preceding month in connection with the Basic Fee, Reimbursable Expenses and SubcontractorServices. The invoice amount shall be due and payable within thirty days after receipt of the invoice by the Agency. Section 3.4 Accounting Records..- -Records of the contractor' s direct personnel, consultant and reimbursable expenses pertaining to this Agreement, and records of accounts between the Agency and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Agency or its authorized representative at mutually convenient times. SECTION 4: MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination. In performing services under this . Agreement, the Contractor shall not discriminate in the employment of its employees or in the engagement of any subcontractors on the basis of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry. All contracts entered into by the Contractor shall contain comparable language forbidding discriminatory practices by subcontractors. Section 4.2 Successors and Assigns. The Agency and Contractor each bind themselves, their partners, successors, assigns and legal representatives to this agreement without the written consent of the other. Section 4. 3 Notices. Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: Contra Costa County Redevelopment Agency 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553 Goldfarb & Lipman One Montgomery Street West Tower, Twenty Third Floor San Francisco, CA 94104 -2- Section 4. 4 Ownership of Document Documents and photographs shall become the property of the Agency upon completion of the project for which they are made or upon termination of this Agreement for any reason. The Agency agrees to hold the Contractor harmless from any liability resulting from the use of such documents for any purpose other than the purpose for which they are prepared. Section 4. 5 Contractor is Not Employee of Agency. It is understood that the contractor is not acting hereunder in any manner an an employee of the Agency, but solely under this Agreement as a Contractor, and the Agency shall not under any circumstances be liable to the Contractor or any person or persons acting for or under it for any deaths or injuries received or claimed, unless any such liability arises by virtue of negligence or intentional acts by the Agency, its officers, agents or employees, and the contractor agrees to hold the Agency free and harmless from liability therefore which is not due to any fault of the Agency, its officers, agents or employees. Section 4. 6 Report Disclosure Section. Any document or written report prepared hereunder by the Contractor, or any subcontractor, -for the Agency shall contain, in a separate section, the numbers and dollar amounts of this agreement and all subcontracts relating to the preparation of such document or written report. When multiple documents or written reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple document or written reports. Section 4 .7 Insurance The Contractor has provided a certificate of insurance which certifies that the Contractor has workers' compensation, comprehensive general. liability, comprehensive vehicle liability and professional liability insurance with minimum limits of liability of $1, 000,000 combined single limits. Such policies have been endorsed to name the Agency as additional insured. such policies shall not be cancelled except by at least thirty ( 30) days written notice to the Agency. The Agency may require certificates from any subcontractors certifying that the subcontractor is adequately insured to perform its services under any subcontract with the Contractor. Section 4.8 Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.9 Captions. The captions of the sections and subsections of this agreement are for convenience only and shall not be deemed to be relevant in resolving nay question of interpretation or intent. Section 4.10 Entire Agreement. This Agreement represents the entire and integrated Agreement between the Agency and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the Agency and the Contractor. Section 4.11 Applicable Law. This Agreement shall be governed by the law of the State of California. -3- IN WITNESS WHEREOF, the Agency and the Contractor have execute this Agreement as of the date first above written. CONTRACTOR GOLDFARB & LIPM By _. Contractor Agency-Contra Costa County Redevelopment Agency, a public body, corporate & politic A c elor, Executive Director E agdon, n xecutive Director ral5dw3 g187-11a.con -4-