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HomeMy WebLinkAboutMINUTES - 06271988 - 1.99 -099 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 1988-89 . FISCAL IMPACT Contract is to be billed on a time and materials basis not to exceed $100,000 for Fiscal Year 1988-89. 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 four-plus years. Need for continuing services includes: (a) Administration and implementation of the existing redevelopment plans for the Pleasant Hill BART Station Project Area, the North Richmond Project Area, and the West Pittsburg Project Area. (b) Adoption of such new redevelopment plans as the Agency may propose. (c) Amendments of the Redevelopment plans described in (a) above. (d) Such other matters as may be requested by the Agency including general administration and operation of the Agency. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDA ION'OF AGENCY COMMI APPROVE OTHER SIGNATURE(S) : ACTION OF AGENCY ON June 28, 1988 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS X I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) 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 June 28, 1988 County Counsel PHIL BATCHELOR, Auditor-Controller AGENCY SECRETARY Goldfarb & Lipman (Via RDA) BY , DEPUTY JK:krc raC:7-7-87.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 day of 1988 , 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 Supervisors adopted a Redevelopment Plan for the Pleasant Hill BART Station Area Redevelopment Project, by Ordinance No. 84-30 , the North Richmond Redevelopment Project by Ordinance No. 87-50, and the West Pittsburg Project by Ordinance No. 87-102. The Agency desires to employ the Contractor to provide special legal services in connection with these projects. 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. (See Scope of Services Attached) 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 Redevelop- ment 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, 1988, and it terminates on June 30 , 1989. 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 $150 .00 Associate $100. 00 to $135 . 00 per hour depending on the level of experience of the associate performing the work. Paralegal $ 65. 00 The Parties estimate that the compensation for the services set forth in Section 2. 1 shall not exceed one hundred thousand dollars ( $100,000) . This amount does not include services rendered by Agency staff, consultants hired directly by the Agency or Consultants hired by the Contractor with prior written authorization by the Agency. The contractor will not bill the Agency in excess of $100 , 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 for its 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 Subcontractor Services. 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 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. IN WITNESS WHEREOF, theAgency and the Contractor have execute this Agreement as of the date first above written. CONTRACTOR GOLDFARB & LIPMAN By Contractor Agency-Contra Costa County Redevelopment Agency, a public body, corporate & politic Phil Batchelor, Executive Director By James Kennedy, Deputy Executive Director JK:krc C:G&L88-89.con • SCOPE OF SERVICES At the request of the Executive Director, Goldfarb & Lipman shall provide advice and information to the Agency regarding: (a) Administration and implementation of the existing redevelopment plans for the Pleasant Hill BART Station Project Area, the North Richmond Project Area, and the West Pittsburg Project Area. (b) Adoption of such new redevelopment plans as the Agency may propose. (c) Amendments of the redevelopment plans described in (a) above. (d) Such other matters as may be requested by the Agency including general administration and operation of the Agency. 06/06/88 SERVSCOP/B32001 -1-