2015-05-26 Oversight Board Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the Oversight Board 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 prior 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 24
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
Special Meeting of the
Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Vernon
Tuesday, May 26, 2015, 4:00 p.m.
Council Chamber, City Hall
4305 Santa Fe Avenue
Vernon, California
Teleconference Location
Tuesday, May 26, 2015, 4:00 p.m.
3220 E Sierra Madre Boulevard
Pasadena, CA 91107
W. Michael McCormick, Chairperson
Jonathan S. Fuhrman, Vice Chairperson
William J. Davis, Board Member
Mary Gallagher, Board Member
David Vela, Board Member
Vacant, Board Member
Vacant, Board Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the Oversight Board on any matter
that is within the subject matter jurisdiction of the Board. The public will also be given a chance to comment on
matters which are on the posted agenda during the Board’s deliberation on those specific matters.
Oversight Board of the Successor Agency to the Redevelopment Agency
Special Meeting Agenda May 26, 2015
Page 2 of 3
MINUTES – TO BE RECEIVED AND FILED
1. Minutes of the Regular Meeting of the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Vernon held February 5, 2015.
NEW BUSINESS
2. A Resolution of the Oversight Board of the Successor Agency to 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 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.
3. A Resolution of the Oversight Board of the Successor Agency to 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 Oversight Board for 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 Oversight
Board for the Former Vernon Redevelopment Agency to the first Thursday in February and
September at 4 pm.
ORAL REPORTS
4. Brief reports on activities, other brief announcements, and directives to staff.
/ / /
/ / /
Oversight Board of the Successor Agency to the Redevelopment Agency
Special Meeting Agenda May 26, 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, on the City’s website, and at the teleconference location (3220 E Sierra Madre
Blvd., Pasadena, CA 91107) not less than 72 hours prior to the meeting set forth on this agenda. Dated this 21st
day of May 2015.
By: ________________________________
Maria E. Ayala, Secretary
MINUTES OF THE REGULAR MEETING OF THE
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
HELD THURSDAY, FEBRUARY 5, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: W. Michael McCormick, Jonathan S. Fuhrman, Steven Reyes, and
David Vela
MEMBERS ABSENT: William J. Davis, Mary Gallagher, and Marlene Dunn (not sworn-
in)
The meeting was called to order at 4:00 p.m. by Chairperson McCormick who also led the flag
salute.
CHANGES TO THE AGENDA
Successor Agency Staff Alex Kung reported that Marlene Dunn has resigned from the Oversight
Board, no information on a replacement was provided. The Introduction item agendized for this
meeting is removed.
PUBLIC COMMENT
Chairperson McCormick announced that this was the time allotted for public comment and
inquired whether anyone in the audience wished to address the Board. No one responded.
INTRODUCTION ITEMS - REMOVED
1. Removed - Introduction of newly appointed Board Member Marlene Dunn who is
replacing Alex Cherniss as the representative for the Los Angeles County Office of
Education.
MINUTES – TO BE RECEIVED AN FILED
2. Minutes of the Adjourned Regular Meeting of the Oversight Board of the
Successor Agency to the Redevelopment Agency of the City of Vernon held
September 30, 2014.
It was moved by Fuhrman and seconded by Reyes to approve the minutes of the September 30,
2014 meeting with corrections as noted by Chairperson McCormick. Motion carried, 4-0,
ACTION ITEMS
3. Resolution No. OB-37 - A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of Vernon Adopting, Approving,
and Ratifying the Recognized Obligation Payment Schedule for the Period July 1,
2015 through December 31, 2015, and Approving Certain Related Actions
Pursuant to California Health & Safety Code Sections 34177(l), 34177(m) and
34180(g).
Successor Agency Staff Alex Kung reported on the proposed Recognized Obligation Payment
Schedule.
In response to Member Vela, Kung reported on the approval and communication process with
the Department of Finance.
It was moved by Fuhrman and seconded by Vela to approve Resolution No. OB-37. Motion
carried, 4-0.
Oversight Board of the Successor Agency to the Redevelopment Agency
Regular Meeting Minutes
February 5, 2015
Page 2 of 2
ORAL REPORTS
4. Bandini Grant Deed pursuant to the Long-Range Property Management Plan.
Pursuant to the Board’s directive at the previous Board meeting, Successor Agency Staff Alex
Kung reported on the grant deed and its intent.
Vice Chairperson Fuhrman had questions and concerns should the City receive considerations
from the State if the property is part of its I-710 Freeway expansion’s eminent domain and
reasoned that the consideration should go to the Oversight Board.
Kung reported on the portion of the property that is presumed to be part of the eminent domain,
and the need to maintain a Fire Station at said location.
Member Vela had no concerns with the potential transaction as the property would remain as
governmental use.
5. Brief reports on activities, other brief announcements, and directives to staff.
Successor Agency Staff Alex Kung provided an update on the previous Recognized Obligation
Payment Schedule (“ROPS”) and the use of reserves to off-set bond related expenses.
In response to Vice Chairperson Fuhrman, Kung reported on the bond. In further response to
Fuhrman, City Finance Director William Fox explained the bond’s interest rate.
Kung announced the cancellation of the March 5, 2015 Oversight Board meeting. The next
meeting is scheduled for April 2, 2015.
With no further business, at 4:24 p.m., Chairperson McCormick adjourned the meeting.
________________________
W. Michael McCormick
Chairperson
ATTEST:
_________________________
Maria E. Ayala
Secretary
REGEi\/ED
APR 2 I 2015 STAFF REPORT
CITY CLERK'S OFFICE SUCCESSOR AGENCY FOR THE
FORMER VERNON REDEVELOPMENT AGENCY
DATE:
TO:
FROM:
RE:
May 7,2015
Honorable Chairperson and Members of the Oversight Board for the
Successor Agency
Mark C. Whitworth, Successor Agency Executive Director
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 ,2015 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 2014ll5 &2015116.
Attachment(s)
1. 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. OB-
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON APPROVING AND AUTHORTZING 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 the Redevelopment Agency of
the Citsy of Vernon (tshe "successor Agency" ) desires to retain uhe
services of a consul-tant to provide 1ega1 services to the Successor
Agency in connection with tshe provisions imposed by Assembly Bill
No. 26 ("AB1x 26"); arrd
WHEREAS, the Successor Agency has determined that Best Best &
Kreiger, LLP ("BB&K"), is qualified and capable of furnishing the
knowledge and expertise necessary; and
WHEREAS, tshe Successor Agency has determined thaL the
reEention of BB&K to serve as associate counsel is necessary in order
to carry out itss duties and respons ibilities under ABlx 25.
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS
FOLLOWS:
SECTfON 1: The Oversight Board of the Successor Agency t.o
Ehe Redevelopments Agency of the ciEy of Vernon hereby finds and
determines that tshe above recitals are true and correct.
SECTION 2: The City Counci] of tshe City of Vernon finds
thac Ehis action is exempt under the California Environmental Qual-ity
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
envi-ronment .
SECTION 3: The Oversight Board of the Successor Agency to
the Redevelopment Agency of the City of Vernon hereby approves and
authorizes the execution of the Attorney Services Agreement (tne
"Agreement" ) with Best Best & Kreiger, LLP, in substantially the same
form as attached hereto as Exhibit A.
SECTION 4: The Secretary of the Oversight Board, shaI1
certify to t.he passage, approval and adoption of this resolution, and
the Secretary sha11 cause this resolution and the Secretary's
certification to be properly filed.
APPROVED AITD ADOPTED this 25th day of May, 201-5 -
Name:
Title: Chaj-rman / vice Chaj-rman
ATTEST:
Maria E. Aya1a, Secretary
-2
STATE OF CALI FORNTA
COUNTY OF LOS ANGELES
I, Maria E. Ayal-a, actsing on behalf of the Oversight Board as its
Secretary, do hereby certify that the foregoing Resolution, being
Resolutsion No. OB- , was duly passed, approved and adopted by the
Oversight Board of the Successor Agency tso the Redevelopment Agency of
the City of Vernon at a special meeting of the Oversight Board duly
held on Tuesday. Nlay 25, 20L5, and thereafter $ras duly signed by the
Chairman or Vice Chairman of the Oversight Board.
Executed this day of May, 201-5, at Vernon, California.
Maria E. Aya1a, Secretary
( SEAL )
-3-
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:
Notice Information - 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 111, 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) 583-881 1 ext, 355
Facsimile: (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, officers, 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 adminisirative 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 Scooe 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
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
chief counsel of record for all purposes. ln light of 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 Counsei 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 Budoetino. Associate Counsel handling City matters will be expected to
institute and to adhere to budgeting and planning procedures in the sole discretion of the City
Administrator.
4.O Compensation. Reimbursement and Methods of Pavments.
4.1 Comoensation.
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 ($!Q.QQ0.0.Q), 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
1
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 Administrator must approve in advance any single disbursement
item jn excess of $500.00, 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 stafi in
lieu of outside experts whenever feasible.
4.4 The 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 aflorneys, law
clerks and paralegals educating themselves or doing work of a transient
nature on an issue.
E.
F,
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.
H. No more than tvvo support staff may bill on a particular case without the prior
approval of the City.
l. One paralegal may be used. Assignment ofwork 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.
J. 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.
K. A tracking system must be set up to periodically, at least every six months,
compare the amount ofwork completed to a percentage ofthe Case Budget
absorbed.
L. The City Administrator reserves the right to request various levels of detail
and specific formats (such as columnar comparisons with established
budgets).
M. 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).
N. Photocopies of deposition transcripts shall be made whenever possible to
6
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 cosls
incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis.
5.0 Enoaoement of Other Counsel, Specialists or Exoerts.
Associate Counsel shall not engage or otherwise 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 Leoal 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 immedialely 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.
7.0 lnterest of Members of Local Public Aoencv.
No member ofthe governing body ofthe City, and no other officer,
employee or agent of the City who exercises any discretion, 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 Adminishator 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 Maintenance and lnspection of Records.
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
8
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).
I
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.
1 3.4 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
1 3.4.2 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 subrogation 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 set-off 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 lncorporation 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 Waoes. 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 Cunent Living
Wage Standards are set forth in Exhibit "C". Upon request, certified payroll shall be provided to
the City.
18.0 Eoual Emplovment Oooortunitv 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 "B".
[Signatures Begin on Next Page].
13
lN WITNESS WHEREOF, the City and Associate Counsel agree as set forth
hereinabove.
DATED:
DATED:
OF VERNON, a California charter City
California municipal 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 'l , 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
EXHIBIT B
EQUAL OPPORTUNITY EMPLOYMENT
PRACTICES PROVISIONS
A. 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.
B. 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 Employei' 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.
C. 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.
D. 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.
E. Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
16
EXHIBIT C
LIVING WAGE PROVISIONS
Minimum Livinq Waqes:
A requirement that Employers pay qualifying employees a wage of no less than 910.30 per hour
with health benefits, or $1 1.55 per hour without health benefits.
Paid and Unpaid Davs Off:
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 0 2015
CITY CLERK'S OFFICE STAFF REPORT
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY FOR
THE FORMER VERNON REDEVELOPMENT AGENCY
DATE:
TO:
FROM:
RE:
M:ay 7,2015
Honorable Chairperson and Members of the Oversight Board for the
Successor Agency
Mark C. Whitworth, Successor Agency Executive Di
Originator: Alex Kung, Successor Agency Staff
A Resolution to Modify the Date and Time of Regular Meetings of the
Oversight Board for the Successor Agency
Recommendation
A. Find that adoption of the proposed resolution to modiff the date and time of regular
meetings of the Oversight Board for 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
Oveisight Board for the Former Vernon Redevelopment Agency to the first Thursday in
February and September at 4Pm.
Backsround
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 Thursday in February and September
at 4pm. These two meetings would provide staff sufficient time to prepare and present to the
Board 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. OB-
A RESOLUTION OF THE OVERS]GHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON SETTING THE DATE, T]ME AND PLACE FOR
REGULAR MEETINGS
WHEREAS, pursuant to Health and Safety Code section
34173 (d) , the City of vernon ("Successor Agency" ) is the successor
agency Uo Ehe Redevelopment Agency of Ehe City of Vernon ("Agency,,);
and
WHEREAS, pursuanE Eo Healtsh and Safety Code secEion
34179(a) , t.he Oversight Board is the Successor Agency's oversight.
board; and
WHEREAS, on May 24, 20:.2, tshe Oversight Board adopted
Resolutsion No. oB-5 setting tshe datse, tsime and place for tshe regular
meetings of t.he Oversight Board; and
WHEREAS, the Oversight Board desires, by resolution, to
change the date, time and place of regul-ar meetings of the Oversight
Board .
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS
FOLLOWS :
SECTION 1: The Oversight Board of the Successor Agency to
t.he RedevelopmenE Agency of the City of Vernon hereby finds and
determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempts under the California Environmental Quality
Act (CEQA) , in accordance with Section l-5051(b) (3), tshe general rule
tshat CEQA only applies Eo projects that may have an effect on the
environment.
SECTION 3: Effective May 26, 201-5, the Oversight Board of
the Successor Agency to the Redevelopment Agency of the City of Vernon
hereby establishes a regular schedule of meetings to be held in the
City Council Chambers at 4305 Santa Fe Avenue, Vernon, California, on
the first Thursday in February and September at the hour of 4:00 p.m.
If a regular meeting of the Oversight Board is scheduled to fa1I on a
recognized holiday, said meeting sha11 be cancelled.
SECTION 4: The Secretary of the Oversight Board, shall
certify to the passage, approval and adoption of this resolution, and
the Secretary shal1 cause this resolution and the Secretary's
certifj-cation to be properly filed.
SECTION 5: Effective Date. Pursuant to Health and Safety
Code section 341,7 9 (h) , all actions taken by the Oversight Board may be
reviewed by the State of Calj-fornia Department of Finance, and,
therefore, this Resolution shal1 not be effective for three (3)
business days, pending a request for review by the State of California
Department of Finance.
APPROVED AND ADOPTED this 25th day of May, 201-5.
Name:
Title: Chairman / Vice Chairman
ATTEST:
Maria E. Aya1a, Secretary
-2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, Maria E. Ayala, acting on behal-f of tshe Oversj-ght Board as j-ts
Secretary, do hereby cert.ify lhat the foregoing ResoluEion, being
Resolution No. OB- , was duly passed. approved and adopt,ed by Ehe
Oversj-ght Board of the Successor Agency to tshe Redevelopment Agency of
the CiEy of Vernon at a special meet.ing of the Oversigh! Board duly
held on Tuesday, May 26, 2015, and thereafter was duly signed by Ehe
Chaj-rman or Vice Chairman of the Oversight. Board.
ExecuEed this day of ylay, 2075, at Vernon, Cal-ifornia.
Maria E. Ayala, Secretary
(SEAI)
-3-