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TO: Honorable Mayor and Members of the City Council and the City Council acting on behalf of the Successor Agency to the Redevelopment Agency of the City Of Bellflower
FROM: Jeffrey L. Stewart, City Manager/Executive Director
SUBJECT: Consideration and possible action to consider authorizing the City Manager/Executive Director to execute an amendment to the cooperative agreement (AFN 356.4 and SA-6) dated March 13, 2013 between the City and Successor Agency regarding signature authority.
Date: June 26, 2023
EXECUTIVE SUMMARY
On March 13, 2013, the City and Successor Agency executed a Restated and Amended Cooperative Agreement to help wind-down the obligations of the former Redevelopment Agency. The proposed First Amendment to that Agreement would confirm the signature authority for the City Manager/Executive Director regarding all documents related to the former Redevelopment Agency.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager/Executive Director to execute the First Amendment to AFN 356.4 and SA-6 as set forth in the Exhibit to this staff report; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
Dissolution of the Redevelopment Agency in 2012 resulted in the City Council opting to act on behalf of the Successor Agency to help facilitate the end to various redevelopment projects within the City’s jurisdiction. While no new projects could be implemented by the Successor Agency, there are still numerous legacy projects that the Successor Agency continues to monitor. Many of those continue to require administrative oversight including, without limitation, the occasional approval of contract documents.
Staff Report – Amendment to the Cooperative Agreement (AFN 356.4 and SA-6) June 26, 2023
DISCUSSION – Continued
The Cooperative Agreement between the City and the Successor Agency from 2013 did not specifically incorporate the contracting authority in the Bellflower Municipal Code for the City Manager/Executive Director into the document. The proposed amendment to that Cooperative Agreement would make it apparent that the Executive Director to the Successor Agency has the same contracting authority as the City Manager. Additionally, the proposed amendment would specifically direct the Executive Director to execute all contracts, in a form approved by the General Counsel, needed to complete the Successor Agency’s existing and future responsibilities.
ATTACHMENT
Draft First Amendment………………………..…………………...........................................3
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AMENDMENT NO. 1 TO
AFN 356.4 AND SA-6
This FIRST AMENDMENT is entered into this ____ day of June 26, 2023, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF BELLFLOWER, a subdivision of the state of California (“SA”). This FIRST AMENDMENT (“Amendment”) amends AFN 356.4 and SA-6, dated May 13, 2013 (collectively, the “Agreement”). The Parties agree to amend the Agreement as follows:
1. SECTION 10 OF THE AGREEMENT. Section 10 of the Agreement is amended to read as follows:
“10. General/Miscellaneous. The parties agree no other instrument, including, but not limited to, any promissory note, is required to confirm, memorialize or effectuate the indebtedness memorialized by this Agreement.
a. The Agency agrees it shall comply with the City's personnel policies and administrative regulations in connection with its activities and obligations under this Agreement.
b. The City Manager (and Executive Director) is authorized to exercise the duties and responsibilities in Bellflower Municipal Code § 2.08.020 including, without limitation, executing contracts needed to implement this Agreement, and all related agreements or documents, in a form approved by the City Attorney (and General Counsel). This Section constitutes direction to the City Manager (and Executive Director) as contemplated by BMC § 3.28.050(B).
bc. To the extent this Agreement is inconsistent with any other agreements between the parties covering the same subject, this Agreement shall control.
cd. The parties have been advised of any and all potential conflicts of interest that may occur due to the same counsel representing both parties to this Agreement, and both parties waive any and all such conflicts.”
2. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
3. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties.
There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
4. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
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engage in the actions described herein. This Agreement may be modified by written amendment.
CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. SA’s executive director, or designee, may execute any such amendment on behalf of SA.
5. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered electronically in accordance with Government Code § 16.5. Such electronic signature will be treated in all respects as having the same effect as an original signature.
6. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed WILL irrespective of the date of its execution of delivery be deemed an original, and all such counterparts together constitute one and the same instrument.
7. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER SUCCESSOR AGENCY
_________________________________ ____________________________ Jeff Stewart, Jeff Stewart,
City Manager Executive Director
ATTEST: ATTEST:
_____________________________ _____________________________ Mayra Ochiqui, Mayra Ochiqui,
City Clerk Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _____________________________ Karl H. Berger, Karl H. Berger,
City Attorney General Counsel