Loading...
2015-05-05 Successor Agency Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the Successor Agency in open session, are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular Meeting of the Successor Agency to the Redevelopment Agency Tuesday, May 5, 2015, 9:00 a.m., or as soon thereafter as the City Council Adjourns its Meeting Council Chamber 4305 Santa Fe Avenue Vernon, CA 90058 W. Michael McCormick, Chairperson William J. Davis, Vice Chairperson Luz Martinez, Member Melissa Ybarra, Member Yvette Woodruff-Perez, Member CALL TO ORDER CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the Successor Agency to the Redevelopment Agency on any matter that is within the subject matter jurisdiction of the Successor Agency. The public will also be given a chance to comment on matters which are on the posted agenda during deliberation on those specific matters. PRESENTATIONS 1. Review of proposed budget for fiscal year 2015-2016. / / / / / / Successor Agency to the Redevelopment Agency Agenda May 5, 2015 Page 2 of 3 CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by members of the Successor Agency. Those items removed will be considered immediately after the Consent Calendar. 2. Minutes of the Regular Successor Agency to the Redevelopment Agency Meeting held on April 7, 2015, to be received and filed. NEW BUSINESS 3. A Resolution of the City Council of the City of Vernon acting as the Successor Agency of the Redevelopment Agency of the City of Vernon approving and authorizing the execution of an attorney services agreement by and between the City of Vernon and Best Best & Kreiger, LLP regarding redevelopment dissolution and the City’s Successor Agency. Recommendation: A. Find that adoption of the proposed resolution for approval and authorization to enter into an Attorney Service Agreement with Best Best & Krieger, LLP to service as associate counsel is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment.; and B. Adopt the proposed resolution for approval and authorization to enter into an Attorney Service Agreement with Best Best & Krieger, LLP to service as associate counsel. 4. A Resolution of the City Council of the City of Vernon acting as the Successor Agency of the Redevelopment Agency of the City of Vernon setting the date, time and place for regular meetings. Recommendation: A. Find that adoption of the proposed resolution to modify the date and time of regular meetings of the Successor Agency for the Former Vernon Redevelopment Agency is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the proposed resolution to modify the date and time of regular meetings of the Successor Agency for the Former Vernon Redevelopment Agency to the first Tuesday in February and September after the regularly held Vernon City Council meeting. ORAL REPORTS 5. Brief reports on activities, other brief announcements, and directives to staff. Successor Agency to the Redevelopment Agency Agenda May 5, 2015 Page 3 of 3 ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 30th day of April 2015. ____________________________________ Maria E. Ayala City Clerk PROPOSED CITY OF VERNON Budget Summary 2015-2016 DEPARTMENT: 026.1022 Redevelopment Agency - Obligation Retirement Fund A B C C-A B-A C-B FY2015 FY2015 FY2016 Increase Increase Increase Budget Forecast Budget (Decrease)(Decrease)(Decrease) TOTAL REVENUES 6,091,098 3,436,851 6,025,707 (65,391) (2,654,247) 2,588,856 EXPENSES: SUPPLIES/SERVICES 6,091,098 5,956,764 6,025,707 (65,391) (134,334) 68,943 TOTAL EXPENSES 6,091,098 5,956,764 6,025,707 (65,391) (134,334) 68,943 CITY OF VERNON Fund 026 Department 1022 - Redevelopment Agency Fund Redevelopment Agency Department Budget Detail 2015-2016 DEPARTMENT: 026.1022 Redevelopment Agency - Obligation Retirement Fund FY2015FY2016 BudgetBudgetVariance Comments REVENUES: 400111ROPS Distribution6,001,330 6,025,707 24,377 431000Rent 89,768 - (89,768) TOTAL REVENUES 6,091,098 6,025,707 (65,391) EXPENSES: SUPPLIES/SERVICES 503035Insurance Premiums (Pollution Liability - City owned Property) 5,000 - (5,000) 530015Real Estate Taxes5,100 - (5,100) 560000Utilities - - - 592010Bank Service Fees6,120 6,120 - 592013Investment Fees18,368 18,368 - 593200Professional Services - Legal153,742 50,000 (103,742) Successor Agency Attorney 594200Professional Services - Administrative96,084 50,000 (46,084) 595200Professional Services - Technical- - - 760005Principal on Bonds2,375,000 2,590,000 215,000 2005 and 2011 Series 760010Interest on Bonds3,431,684 3,311,219 (120,465) 2005 and 2011 Series 6,091,098 6,025,707 (65,391) TOTAL EXPENSES 6,091,098 6,025,707 (65,391) MINUTES OF THE REGULAR SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON MEETING HELD APRIL 21, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Martinez, Woodruff-Perez, and Ybarra MEMBERS ABSENT: None The meeting was called to order at 11:17 a.m. by Chairperson Mayor McCormick. Chairperson McCormick announced that there are no changes to the agenda. McCormick announced that this was the time allotted for public comment and inquired whether anyone in the audience wished to address the Agency. No public comment provided. CONSENT CALENDAR It was moved by Davis and seconded by Martinez to approve the matters listed on the Consent Calendar under one motion as presented. Motion carried, 5-0. 1. Minutes of the Regular Successor Agency to the Redevelopment Agency Meeting held on February 3, 2015, to be received and filed. 2. Approval of RDA Obligation Retirement Fund Warrant Register No. 24, totaling $2,432.00, which covers the period of January 27, through April 1, 2015, and consists of the following: A. Authorization to issue pending checks totaling $2,432.00 ORAL REPORTS 3. Brief reports on activities, other brief announcements, and directives to staff. Economic Development Manager and Successor Agency Staff Alex Kung reported that staff may be proposing, at the next meeting, that the monthly meetings of the Successor Agency to the Redevelopment Agency move to a quarterly schedule. With no further business, at 11:20 a.m., Chairperson McCormick adjourned the meeting. ________________________ W. Michael McCormick Chairperson ATTEST: _____________________________ Maria E. Ayala City Clerk REGEIVED APR 2I 2015 CWCLERKSOF STAFF REPORT ccESSoR AGENCT ron rHE FORMER VERNON REDEVELOPMENT AGENCY DATE: TO: FROM: RE: May 5,2015 Honorable Chairperson and Members of the Successor Agency for the Former Vernon Redevelopment Agency Mark C. Whitworth, Successor Agency Executive Direct Originator: Alex Kung, Successor Agency Staff A Resolution for approval and authorization to enter into an Attorney Services Agreement with Best Best & Krieger, LLP (BB&K) to service as associate counsel Recommendation A. Find that adoption of the proposed resolution for approval and authorization to enter into an Attorney Service Agreement with Best Best & Krieger, LLP to serve as associate counsel is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt the proposed resolution for approval and authorization to enter into an Attorney Service Agreement with Best Best & Krieger, LLP to service as associate counsel, in substantially the same form as submitted herewith. Background As the Successor Agency continues to wind down the affairs of the Former Vernon Redevelopment Agency, staff desires to engage Best Best & Krieger (BB&K) to assist the Agency with technical legal services in the area of redevelopment. BB&K represent many public agencies and former redevelopment agencies and are well versed in navigating the laws regarding the dissolution of redevelopment. Staff is requesting a one year contract that would begin May 7 , 20 1 5 and automatically terminate on May 6, 2016 for a total compensation amount that shall not exceed $50,000 without prior approval. Page I of2 Fiscal Impact Not to exceed a total $50,000 for fiscals years 20l4ll5 & 2015116. Attachment(s) l. Attorney Services Agreement Between the City of Vernon and Best Best & Kreiger, LLP Regarding Redevelopment Dissolution and the City's Successor Agency Page2 of2 RESOI,UTION NO. SA- A RESOLUTION OF THE CITY COI]NCIL OF THE CITY OF VERNON ACTING AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN ATTORNEY SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND BEST BEST & KREIGER, LLP REGARDING REDEVELOPMENT DISSOLUTION AND THE CITY'S SUCCESSOR AGENCY WHEREAS, the Successor Agency to Ehe Redevelopment Agency of the City of Vernon (the "successor Agency" ) desires to retain the services of a consultant to provide ]egaI services Eo the successor Agency in connection with the provisions imposed by Assembly Bill No. 26 ("AB1x 26"); and WHEREAS, the Successor Agency has determined that Best Best & Kreiger, LLP ("BB&K"), is gualified and capable of furnishing Ehe knowledge and expertise necessary; and WHEREAS, the Successor Agency has determined thats the retenEion of BB&K to serve as associate counsel is necessary in order Eo carry out its duties and responsibi l ities under ABI-X 25. NOW, THEREFORE, BE IT RESOLVED BY A RESOLUT]ON OF THE CITY COUNCIL OF THE CITY OF VERNON ACTING AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS FOLLOWS: SECTION L: The City Council- of the City of Vernon Acting as the Successor Agency of t.he Redevel-opment Agency of the City of Vernon hereby finds and determines tha! the above reciEals are tsrue and correct . SECTIoN 2: The City Council of the City of Vernon finds that Ehis action is exempts under the California Environmental ouality Act (CEoA) , in accordance with Section 1505L(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon Acting as the Successor Agency of the Redevelopment Agency of the City of Vernon hereby approves and authorizes the execution of the Attorney Services Agreement (the "Agreement") with Best Best & Kreiger, LLP, j-n substantially the same form as attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon Acting as the Successor Agency of the Redevelopment Agency of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and the City C1erk, oI Deputy City C1erk, is hereby authorized to attest thereto. SECTION 5: The City Council- of the City of Vernon Acting as the Successor Agency of the Redevelopment Agency of the City of Vernon hereby instructs the City Administrator, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resol-ution and the transactions herein approved or authorized, including but not limited to, any nonsubstantj-ve changes to the Agreement. SECTION 5: The City Council of the City of Vernon Acting as the Successor Agency of t,he Redevelopment Agency of the City of Vernon hereby directs the City Clerk of the City of Vernon, or the City Clerk's designee, to give a fu11y executed Agreement to BB&K. 2 SECTION 7: The City Clerk of the City of Vernon, as secretary to the Successor Agency shall certify to the passage, approval and adoption of this resolution, and the Secretary sha1I cause this Resolution and the Secretary's certifj-cation to be entered in the File of Resolutions of the Successor Agency. APPROVED AND ADOPTED this 5th day of May, 201-5. Name: Title: Chairman / Vice Chairman ATTEST: Maria E. Aya1a, SecretarY -3 STATE OF CAII FORNIA COUNTY OF LOS ANGELES r, Maria E. Aya1a, acEing on behalf of the Successor Agency as its Secretary, do hereby cerEify that the foregoing Resol-ulion, being Resolution No. sA- , was duly passed, approved and adopted by the City Council of the City of Vernon Acting as the Successor Agency of the Redevelopment Agency of the City of Vernon at a regular meeting of the Successor Agency duly heLd on Tuesday, May 5. 201-5, and thereafter was duly signed by the Chairman or Vice Chairman of the Successor Agency' Executed this day of May, 2015, aE Vernon, California. Maria E. Ayala, secretary (SEAT) 4 EXHIBIT A ATTORNEY SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BEST BEST & KREIGER, LLP REGARDING REDEVELOPMENT DISSOLUTION AND THE CITY'S SUCCESSOR AGENCY COVER PAGE Associate Counsel: Responsible Principal of Associate Counsel: Notlce lnformation - Associate Counsel Notice lnformation - City: Commencement Date: Termination Date: Consideration: Records Retention Period Best Best & Krieger, LLP Kira L. Klatchko, Esq. Best Best & Kreiger, LLP 74-760 Highway 1 1 1, Suite 200 lndian Wells, CA 92210 Attention: Kira L. Klatcho, Esq, Phone: (760) 837 -1617 Facsimile: (760) 340-6698 Email: kira.klatcho@bblaw.com City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 355 Facsimi le: (323) 826- 1 422 May 7 , 2015 May 6, 2016 Total not to exceed $50,000 (includes all applicable sales tax); and more particularly described in Exhibit A Three (3) years, pursuant to Section 12.2 ATTORNEY SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BEST BEST & KREIGER, LLP REGARDING REDEVELOPMENT DISSOLUTION AND THE CITY'S SUCCESSOR AGENCY This Agreement is entered as of May 7, 2015, between the City of Vernon, a California charter City and California municipal corporation (City) and Best Best & Krieger, LLP, a limited liability partnership (Associate Counsel). City and Associate Counsel are collectively referred to herein as the "Parties." WHEREAS, the City Administrator, on behalf of the City, desires to engage Associate Counsel, in association with the City Attorney's Office, to assist the City in various services regarding dissolution of the City's redevelopment program, and to render legal advice regarding the obligations imposed by Part 1.85 of Assembly Bill No. 26 (1st Ex. Sess.) as set forth in Health & Safety Code sections 34170 through 34191 , and as needed thereafter in connection therewith (the "Project"); all as requested by City; and WHEREAS, Associate Counsel possesses the skills, qualifications and experience necessary to assist as Associate Counsel in said matters; and WHEREAS, the City Attorney's Office of the City of Vernon, herein referred to as "City Attorney's Office," is the chief legal advisor and litigator for the City and is charged with the responsibility of protecting the interest of the City, its Council, officers, employees and agents in any action or litigation initiated by or against the City, its Council, ofiicers, employees and agents as provided for by California law and the Charter and ordinances of the City; and WHEREAS, the City Administrator of the City of Vernon is the administrative head of the City government, under the direction and control of the City Council, and is charged with the responsibility of ensuring that all laws of the state of california pertaining to the city, and all laws and ordinances of the City are duly enforced. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.0 Scope of Services. Associate Counsel hereby is associated as Counsel of Record in association with the city Attorney's office to perform such legal services as may be required 2 from time to time in connection with specific legal matters related to the Project, as assigned by the City Administrator. Kira L. Klatcho, a member of the firm of Associate Counsel, shall be responsible for the performance of services hereunder performed by other members of Associate Counsel's firm and by its employees. lt is understood that the City Attorney's Office is chiefcounsel of record for all purposes. lnlightof the subject matter and scope of this Agreement, Associate Counsel's performance hereunder shall be under the direction and supervision of the City Administrator, When directed by the City Administrator, Associate Counsel shall coordinate its services hereunder with the City Attorney's Office. 2.0 Time of Performance. The services of Associate Counsel are to commence on May 7, 2015, and shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care. This Agreement shall automatically terminate on May 6, 2016. 3.0 Budqetino. Associate Counsel handling City matters will be expected to institute and to adhere to budgeting and planning procedures in the sole discretion ofthe City Administrator. 4.0 Compensation. Reimbursement and Methods of Pavments. 4.1 Compensation. Associate Counsel has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. Fees for all services provided hereunder by all billers shall be charged in accordance with Exhibit "A", which is attached hereto and fully incorporated herein by reference. The grand total compensation under this Agreement shall not exceed the amount of Fifty Thousand Dollars ($50.000.00), without prior approval of the City Council and written amendment of this Agreement. 4.2 Reimbursement. ln addition to the compensation provided above, the City will reimburse Associate Counsel only for the following expenses: printing, copying costs (not to exceed 15 cents a page), long distance telephone calls, faxes, transcription fees, reporter's fees and ground transportation (in the amount set forth by the lnternal Revenue Service standard mileage rate). Any other expense (e.9., travel expenses or travel time beyond Southern California) must be approved by the City Administrator in writing and in advance. No compensation shall be allowed for general overhead or support services such as typing, word processing, secretarial time of any nature (normal, overflow or overtime), clerical work, Lexis or Westlaw, equipment rental, calendaring, setting up files, updating files, computer time or service, nor any other expense not itemized in the approved Case Budget or otherwise approved by the City Administrator. There shall be no mark-ups on outside services. 4.3 The City Adminiskator must approve in advance any single disbursement item in excess of $5OO.OO, including, but not limited to, investigators, copying and experts. Requests for costs exceeding $500.00 shall contain a recommendation of alternative information services, including use of City employees. Associate Counsel will use City staff in lieu of outside experts whenever feasible. 4.4 fhe City expects moderation with regard to all expenses. 4.5 Method of Billino. Unless otherwise agreed, Associate Counsel shall provide monthly bills unless charges for a particular month are insignificant. The following information must be provided in monthly bills: A. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services Associate Counsel shall keep the City advised regarding the identity and the billing rates of those people who work on the matter. B. ldentification of the lawyer who is in charge of the matter. C. Detailed disbursement breakdowns, including the nature and purpose of each disbursement. 4 D Each billing item will be separately stated on a separate line identifying the biller, the time spent and the exact nature of the service rendered. Narrative billing and block billing are unacceptable, For example, if numerous tasks are undertaken in one day, each should be identified with a specified time for performing that task, i.e. a telephone call, a court appearance, a meeting or legal research. All tasks performed on the same day should be entered as separate entries, identifying the time spent on each. Telephone conferences should specify the participants and the subject matter discussed. The City will not pay for vague descriptions for services which do not state the precise nature of the work performed and the need for the work. Words such as "research", "strategy", "analysis", "discovery", "conference", "preparation", "case management", "memorandum", "correspondence", "telephone call" or "meeting", without an explanation of (1) the specific topic or subject matter, (2) the persons involved, and (3) the need therefor, do not allow accountability and are therefore unreimbursable. The City will not pay for interoffice conferences among attorneys/billers unless a conference is a necessary strategy meeting relating to some significant legal issue or event, such as an upcoming trial, and then only one attorney may be billed. Where charges are made for conferences, the specific reason and need for each conference must be stated in detail, and the participants identified. Where charges are made for research time, the specific issue being researched and the need must be identified. City has retained Associate Counsel for its expertise, and therefore expects not to be billed for introductory or background research. The City will not pay for attorneys, law clerks and paralegals educating themselves or doing work of a transient nature on an issue. E. F, 5 G The City expects the attorney assigned to the case to handle all significant matters in the matter. lf other attorneys are assigned to assist the primary attorney, the City must be notified. The City may request that the assigned work be instead handled by the primary attorney. Thus, only those attorneys or persons approved in advance by the City may bill on the case. Resumes will be provided for all persons (other than clerical or secretarial) working on the case. No more than two support staff may bill on a particular case without the prior approval of the City. One paralegal may be used. Assignment of work to such paralegal should not result in duplicative work by the attorneys, or reworking of paralegal's work. Paralegal shall not perform clerical work, such as filing, indexing, date- stamping, organizing, etc., but shall perform work such as research, summarizing depositions, investigation, interviews of witnesses, etc. Upon request, each item billed must be coded to a specific Case Budget line item, so a bill may be easily compared with the approved Case Budget. A tracking system must be set up to periodically, at least every six months, compare the amount of work completed to a percentage of the Case Budget absorbed. The City Administrator reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). The City will not pay for more than one biller doing any task (e.9. two or more attorneys attending the same depositions or the same court appearances, a biller redoing the work of another biller, or duplicative entries for reviewing and analyzing documentation and legal research). Photocopies of deposition transcripts shall be made whenever possible to H t. J. N reduce deposition expenses. O. No finance charge or interest will be paid by the City, nor billed by Associate Counsel. 4.6 Timino of Pavment. The City shall pay Associate Counsel for services rendered and costs incurred hereunder, at lhe rates and in the amounts provided hereunder, on a monthly basis. 5.0 Enoaoement of Other Counsel. SDecialists oI ExDerts. Associate Counsel shall not engage or otheMise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without the prior written approval of the City Administrator. 6.0 Termination of Aoreement and Leqal Services. Subject to the applicable provisions of the Rules of Professional Conduct of the State Bar of California, this Agreement and all legal services to be rendered hereunder may be terminated at any time by written notice from either party with or without cause ln such event, all finished or unfinished documents, project data and reports, both originals and all duplicate copies, in all forms and media requested by the City, shall immediately be turned over to the possession of City, which owns all such materials. ln the event of such termination, Associate Counsel shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adjusted, in the City's sole discretion, in light of the particular facts and circumstances involved in such termination. 7.O lnterest of Members of Local Public Aoencv. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretlon, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 8.0 lnterest of Counsel. Associate Counsel agrees to secure the informed written consent of the 7 City Administrator before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego such representation if the City Administrator, in his/her sole discretion, objects for any reason. 9.0 GeneralProcedures. 9.1 Reports on significant developments and quarterly status reports shall be submitted upon request to keep the City Administrator advised of any major issues. 9.2 All correspondence to the City shall reference the subject matter' 10.0. Conflict of lnterest. Associate Counsel certifies that no member, officer or employee of the Associate Counsel is an officer or employee of the City of Vernon except to the extent permitted by law. 11.0 @cords. 11.1 The City and any other Federal, State or local governmental agency, and any of their authorized auditors or representatives, shall have access to, and the right to audit and reproduce any of Associate Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Associate Counsel is properly entitled or for other purposes relating to the Agreement. 11.2 Associate Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City Upon written notice by the City, the Associate Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. 11.3 lf Associate Counsel does not maintain such records in the City of Vernon, Associate Counsel shall either deliver said records at its expense to Vernon or shall promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, expenses for personnel, salaries, private auditors, lodging, meals and overhead. 12.0 lndemnitv. 12.1 Associate Counsel agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of, any performance under this Agreement, or any negligent acts or omissions (including, without limitation, professional negligence) of Associate Counsel, its employers, representatives, subcontractors, or agents in the performance of this Agreement. 12.2 This Agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Associate Counsel and its employees or agents, and members of the general public). 9 13.0 INSURANCE. Associate Counsel shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. 13.1 Automobile Liability with minimum limits of at least $ 100,000/300,000/500,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 13.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its Council, commissioners, officers, employees, agents and volunteers registered with the City of Vernon must be endorsed on the policy as additional insureds as respects liability arising out of the Associate Counsel's performance of this Agreement. 13.3 Professional Errors and Omissions coverage in a sum of at least $1,000,000. lf a claims-made policy is obtained, a "tail" of at least three years shall be purchased if non-renewed within three (3) years of completion of performance under this Agreement. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate, 13.4 Associate Counsel shall comply with the applicable sections of the California Labor Code concerning workers' compensation for '10 injuries on the job. Compliance is accomplished in one of the following manners: 1 3.4.1 Provide copy of permissive self-insurance certificate approved by the State of California; or 13.4.2 Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogatlon against City, its Council, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or 13.4.3 Provide an insurance exemption form certifying that no employees subject to workers' compensation law will be used in performance of this Agreement. 13.4.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice to City. 13.4.5 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 13.4.6 Prior to commencement of performance, Associate Counsel shall furnish City with a 11 certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 13.4.7 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Associate Counsel shall immediately notify City and cease all performance under this Agreement until further directed by the City. ln the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Associate Counsel by way of seloff or recoupment from sums due Associate Counsel, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Associate Counsel, by way of set-off or recoupment from any sums due Associate Counsel. 12 14.0 Choice of Forum. The Parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 15.0 lncorooration bv Reference. This contract incorporates by reference all attachments. 16.0 Order of Precedence. ln case of conflict between the terms of this Agreement and the terms in any document attached as an exhibit or othemise incorporated by reference, the terms of this Agreement shall strictly prevail. 17 .O Livino Waqes. Associate Counsel working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit "C". Upon request, certified payroll shall be provided to the City. 18.0 Eoual Emplovment Opportunitv Practices. Associate Counsel certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Associate Counsel further certifies that it will not maintain any segregated facilities. The Equal Employment Opportunity Practices provisions are set forth in Exhibit "8". [Signatures Begin on Next Page]. 13 lN WITNESS WHEREOF, the City and Assocrate Counsel agree as set forth hereinabove. DATED: DATED: OF VERNON, a California charter City California municrpal corporation Mark Whitworth, City Administrator ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hema Patel, City Attorney Best Best & Krieger, LLP, a Limited Liability Partnership By: Name: Title: CITY and ( By: - 14 EXHIBIT A Best Best & Krieger, LLP 74-760 Highway 1 1 1, Suite 200 lndian Wells, CA 92210 (760) 837-1617 Hema Patel, City Attorney's Office City of Vernon 4305 Santa Fe Road Vernon, CA 90058 Re: Redevelopment Dissolution and the City's Successor Agency Dear Mrs. Patel: The following hourly fees are agreeable: A) Partner $285-$325 B) Associate range $210-$260 C) One paralegal $100-$195 Very truly yours, For the Firm 15 B C EXHIBIT B EQUAL OPPORTUNITY EMPLOYMENT PRACTICES PROVISIONS Associate Counsel certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Associate Counsel agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Associate Counsel, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. Associate Counsel agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. Associate Counsel agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. D E. 16 EXHIBIT C LIVING WAGE PROVISIONS Minimum Livino Waoes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $1 1.55 per hour without health benefits. ElsL@-9@-P@: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the city with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 17 RECEIVED APR 3 O ZO15 CITY CLERK'S OFFICE STAFF REPORT SUCCESSOR AGENCY FOR THE FORMER VERNON REDEVELOPMENT AGENCY DATE: TO: FROM: RE: May 5,2015 Honorable Chairperson and Members of the Successor Agency for the Former Vernon Redevelopment Agency Mark C. Whifworth, Successor Agency Executive Direc Originator: Alex Kung, Successor Agency Staff A Resolution to Modify the Date and Time of Regular of the Successor Agency for the Former Vernon Redevelopment Agency Recommendation A. Find that adoption of the proposed resolution to modiff the date and time of regular meetings of the Successor Agency for the Former Vernon Redevelopment Agency is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the proposed resolution to modify the date and time of regular meetings of the Successor Agency for the Former Vernon Redevelopment Agency to the first Tuesday in February and September after the regularly held Vemon City Council meeting. Background As the Successor Agency continues to wind down the affairs of the Former Vernon Redevelopment Agency staff believes it is appropriate to reduce the monthly meetings to two meetings. Staff would propose to hold the meeting the first Tuesday in February and September after the regularly held Vernon City Council meeting. These two meetings would provide staff sufficient time to prepare and present to the members the semiannual Recognized Obligation Payment Schedule which is due in March and October of each year. Fiscal Impact No fiscal impact Page I of2 Attachment(s) None Page2 of2 RESOLUTION NO. SA- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACTING AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CTTY OF VERNON SETTING THE DATE, TIME AND PLACE FOR REGULAR MEETINGS WHEREAS, che Vernon RedevelopmenE Agency ("RDA") was the Redevefopment Agency of the City of Vernon, duLy created pursuant to the California Community Redevelopment Law (Part 1, commencing with Sectsion 33000 of Division 24 of Ehe California HealEh and Safety Code, hereinafter "RedevelopmenE Law" ) ; and WHEREAS, legislation known as Assembly Bill 1x26 ("AB26" ) was signed inEo law by the Governor of California on ,June 28, 20ll , dissolving redevelopment. agencies and making certsain changes Eo the Redevelopment. Law, including the addit.ion of Part 1.8 (commencing with SecEion 34151) and Part 1.85 (commencing witsh SecEion 34170); and WHEREAS. AB l-484 ("AB 1484") was signed by the Governor of California on June 27, 2012, making cerEain additional changes Eo the Redevefopment Law; and WHEREAS, on October 2, 2012, tshe City Council of the CiEy of Vernon Acting as the Successor Agency of the Redevelopment Agency of the Citsy of Vernon (tshe "successor Agency" ) adopled ResoluEion No. SA-4 setting t.he date, time and place for reguLar meeEings of the Successor Agency, and WHEREAS, the City Council of the Citsy of Vernon Acting as the successor Agency of the Redevelopment Agency of tshe city of vernon (tshe "successor Agency" ) desires, by resoluEion, to change t.he daEe, time and place for regular meeEings. NOW, THEREFORE, BE IT RESOLVED BY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACTING AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The CiEy Councif of the City of Vernon Actsing as the Successor Agency of tshe Redevel-opmenE Agency of the City of Vernon hereby finds and detsermines EhaE the above recitals are lrue and corrects. SECTTON 2: Effective May 5, 2015, Che Successor Agency hereby esEablishes a regular schedule of meetings to be held in the CiEy Council Chambers at. 4305 santa Fe Avenue. Vernon, California, on the firsE Tuesday in February and september at the hour of 9:00 a.m., or as soon thereafEer as the City Council adj ourns its regular City Council meeting. If a regular meeting of the successor Agency is scheduLed to fall- on a recognized ho1iday, said meecing shall- be cancelled. SECTTON 3: The Acting CiEy Clerk of t.he City of Vernon, as Acting secreEary to the Successor Agency shaI1 cerEify to the passage, approval and adoption of Ehis resolution, and the Acting SecreEary of the Successor Agency sha1I cause this resolution and the Actsing Secretsary's certification to be enEered in t.he File of Resolutions of the Board of the Successor Agency. APPRoVED AND ADOPTED Ehis 5th day of May, 20]-5. Name : Title: chairman / vice Chairman ATTEST: Maria E. Ayala, Acting Secretary 2 STATE OF CAIIFORNIA COUNTY OF LOS ANGELES I, Maria E. Ayala, actsing on behalf of the Successor Agency as its Acting SecreEary, do hereby certify that tshe foregoing Resolution, being ResoluEion No. SA- , was duly passed, approved and adopEed by the CiEy Council of the ciEy of Vernon Acting as the Successor Agency of the Redevelopment Agency of Ehe CiEy of vernon aE a regular meetsing of the Successor Agency duly held on Tuesday, May 5, 2015, and thereafter was duly signed by tshe Chairman or Vice Chairman of Ehe Successor Agency. Executed this day of May, 20L5, at Vernon, California. Maria E. Ayala, Accing Secretary (SEAI) 3