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HomeMy WebLinkAboutCDC/2000-38
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RESOLUTION NO: _CDC/2000-38
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION APPROVING (1) THE ASSIGNMENT OF THE SABO &
GREEN LEGAL CONTRACT TO LEWIS D'AMATO, BRISBOIS &
BISGAARD, LLP., (2) THE FIVE (5) YEAR LEGAL CONTRACT WITH
LEWIS, D'AMATO, BRISBOIS & BISGAARD, LLP, AS AGENCY
SPECIAL COUNSEL FOR HOME, ESG, CDBG, ECONOMIC
DEVELOPMENT AND REDEVELOPMENT RELATED LEGAL
MATTERS AND (3) AUTHORIZING THE CHAIRPERSON OF THE
COMMISSION TO EXECUTE SUCH CONTRACT ON BEHALF OF THE
AGENCY.
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WHEREAS, on or about August 1999, Staff solicited proposals from three law
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firms in order to provide special legal services to the Agency for CDBG, HOME, ESG,
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Economic Development and Redevelopment related matters; and
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WHEREAS, on or about August 10, 2000, the Redevelopment Committee
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approved the Agency entering into a five (5) year contract with Sabo & Green and
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forwarded that recommendation to the Community Development Commission on
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October 16, 2000; and
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WHEREAS, on October 13, 2000, per written notification to the Agency from
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Sabo & Green requesting that the Agency assign the Sabo & Green legal contract to the
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law firm of Lewis, D' Amato, Brisbois & Bisgaard, L.L.P., the matter was referred to the
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Redevelopment Committee on October 19,2000, for re-consideration and the Committee
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authorized and recommended to the Community Development Commission approval of
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the assignment and entering into a contract with Lewis, D' Amato, Brisbois & Bisgaard,
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L.L.P.; and
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WHEREAS, Timothy 1. Sabo, has assured the Agency that services will not be
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disrupted and that the law firm of Lewis, D' Amato, Brisbois & Bisgaard, L.L.P., will
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continue to provide the same level of service, at the same hourly rates quoted by Sabo &
Green in their letter dated August 20, 1999, and that Timothy 1. Sabo and other members
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Lewis D' Amto
10/25/00
CDCI 2000-38
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of the Sabo & Green staff, will continue to be the principle designated lawyers to provide
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former special legal service to the Agency.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSIO
ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SA
BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND ORDER A
FOLLOWS:
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SECTION I. The Chairperson of the Community Development Commission
("Commission") is hereby authorized and directed to execute on behalf of said Agency the Five
(5) Year (subject to a 30 day termination provision), Agreement between the Agency and Lewis,
D' Amato, Brisbois & Bisgaard, LLP, as Agency Special Counsel, for HOME, ESG, CDBG,
Economic Development and Redevelopment related legal matters, a copy of which is on file with
the City Clerk and incorporated herein by reference as though fully set forth at length.
SECTION 2. The Chairperson of the Commission is hereby authorized to make minor
corrections, additions, and clarifications to the Agreement, provided said changes are not
substantive in nature, and do not increase the hourly rates as provided in the Agreement to the
Agency.
SECTION 3. The authorization to execute the above referenced Agreement is rescinded
if the parties fail to execute said Agreement within sixty (60) days of the passage of this
Resolution.
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Lewis 0' Amto
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CDC/2000-38
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION APPROVING (1) THE ASSIGNMENT OF THE SABO &
GREEN LEGAL CONTRACT TO LEWIS D' AMATO, BRISBOIS &
BISGAARD, LLP., (2) THE FIVE (5) YEAR LEGAL CONTRACT WITH
LEWIS, D'AMATO, BRISBOIS & BISGAARD, LLP, AS AGENCY
SPECIAL COUNSEL FOR HOME, ESG, CDBG, ECONOMIC
DEVELOPMENT AND REDEVELOPMENT RELATED LEGAL
MATTERS AND (3) AUTHORIZING THE CHAIRPERSON OF THE
COMMISSION TO EXECUTE SUCH CONTRACT ON BEHALF OF THE
AGENCY.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
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Development Commission of the City of San Bernardino at a Joint Regular
meeting
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thereof, held on 6th
day of
November
, 2000 by the following vote, to wit:
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COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA x
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LIEN X
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MCGINNIS X
15 X
SCHNETZ
16 SUAREZ X
17 ANDERSON X
18 MC CAMMACK X
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Q.~ JJ, CLuJ__
CitY'clerk
The foregoing resolution is hereby approved this 'i).:tLday of November ,2000.
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Approved a to form and Legal Content:
James F. man, City Attorney
J Cii Valles, Chairperson
o munity Development Commission
Of, the City of San Bernardino
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By:
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Lewis D' Amto
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CDC/2000-38
AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES
THIS AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES (the "Agreement")
is dated as of November 6, 2000, by and between the Community Development Commission of the
City of San Bernardino (the "Commission") as the governing board of the Economic Development
Agency of the City of San Bernardino (the "Economic Development Agency') and the
Redevelopment Agency of the City of San Bernardino (the "Redevelopment Agency") and the law
finn of Lewis, D' Amato, Brisbois & Bisgaard, L.L.P. ("Special Legal Counsel") and is entered into
in light of the facts as set forth in the following Recitals:
-- RECITALS --
A. In accordance with the provisions of San Bernardino Municipal Code Section 2.20.040
and the concurrence of the City Attorney of the City of San Bernardino (the "City Attorney"), the
Commission, as the governing board of the Economic Development Agency and the Redevelopment
Agency, desires to retain the services of Special Legal Counsel in connection with the implementation
of Community Redevelopment programs ("Community Redevelopment Programs") administered by
the Economic Development Agency and/or the Redevelopment Agency, as applicable, and certain
Community Development Block Grant programs ("CDBG Programs") administered by the Economic
Development Agency and/or the Redevelopment Agency, as applicable (the Community
Redevelopment Programs and the CDBG Programs being hereinafter collectively referred to as the
"Programs").
B. The Programs referred to in Recital Paragraph A are listed as follows:
(i) Economic development activities of the Commission undertaken pursuant to
Community Redevelopment Law of the State of California (Health and Safety
Code Section 33000, et seq.) ("Community Redevelopment Law");
(ii) Affordable housing programs of the Commission utilizing monies in the Low
and Moderate Income Housing Fund of the Redevelopment Agency
established pursuant to Section 33334.3 of the Community Redevelopment
Law (the "Low and Moderate Income Housing Fund");
(iii) Community Development Block Grant activities of the Commission funded
under the program described at 24 Code of Federal Regulations Part 570 et
seq.;
(iv) HOME Program affordable housing activities of the Commission under the
program described at 24 CFR Part 92 et seq.;
(v) Emergency Shelter Grant activities of the Commission under the program
described at 24 CFR Part 576 et seq.;
(vi) Other affordable housing or economic development activIties of the
Commission undertaken pursuant to special Community Development Block
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CDC/2000-38
Grant program authority, including HUD Section 108 loan guarantee
financings and the Acquisition, Rehabilitation and Resale Program (the "ARR
Program").
The separate areas of special legal counsel services identified in the preceding subparagraphs
(i) through (vi), inclusive, are collectively referred to herein as "Special Legal Counsel Services."
C. Special Legal Counsel Services shall be performed promptly upon request from the
Economic Development Agency staff and Redevelopment Agency staff, as applicable, and upon
receipt of direction of the City Attorney. Special Legal Counsel Services shall include the preparation
and review of complex staff reports and memoranda, agreements, contracts and grant agreements
with respect to economic development activities undertaken pursuant to the Community
Redevelopment Law and complex staff reports and memoranda, agreements, contracts and grant
agreements which use or apply CDBG Program funds; the preparation and review of affordable
housing mortgage loan documents which use or apply monies in the Low and Moderate Income
Housing Fund and affordable housing mortgage loan documents which use or apply CDBG Program
funds; the participation with Economic Development Agency staff and Redevelopment Agency staff
in the negotiation and documentation of Program agreements, consultations with the City Attorney
and participation in the legal representation of the Commission as Special Legal Counsel in
association with the City Attorney in Program-related matters, as directed and as consented to by the
City Attorney.
NOW THEREFORE, THE COMMISSION AND SPECIAL LEGAL COUNSEL AGREE
AS FOLLOWS:
Section 1. Special Legal Counsel hereby represents and warrants to the Commission that
the lawyers associated with the law firm of Lewis, D' Amato, Brisbois & Bisgaard, L.L.P., possess
special expertise and experience in the practice oflaw involving matters related to the Programs and
the Special Legal Counsel Services.
Section 2. Subject to the terms and conditions of this Agreement, the Commission hereby
retains the professional legal services of Special Legal Counsel to associate with the City Attorney
and represent the Commission, the Economic Development Agency and the Redevelopment Agency,
as applicable, in connection with the Program matters included within the scope of the Special Legal
Counsel Services. Special Legal Counsel shall receive compensation for such services as performed
in accordance with the provisions of Section 3.
Section 3.
(a) Special Legal Counsel shall provide Special Legal Counsel Services to the
Commission, the Economic Development Agency and the Redevelopment Agency, as applicable, at
an hourly fee for services schedule for lawyers and legal professionals with the firm as follows:
Senior attorneys
Senior associates
Associates
$140.00 per hour
$130.00 per hour
$120.00 per hour
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CDCj2000-38
Paralegals
$ 95.00 per hour
(b) In addition to the hourly professional legal services fee schedule set forth in Section
3(a), Special Legal Counsel shall also be reimbursed for direct costs and expenses incurred in the
performance of such Special Legal Counsel Services including the cost of reproducing documents,
computerized legal research, long distance telephone charges, telecopy charges and the like in
accordance with the standard rate of Special Legal Counsel for all other clients in effect at the time
the direct cost or expense is incurred under this Agreement.
(c) The amount payable by the Commission for the Special Legal Counsel Services and
expenses of Special Legal Counsel shall be invoiced to the Commission on a monthly basis. Each
invoice shall contain a suitably detailed written description of the Special Legal Counsel Services
performed during the period of time covered by the invoice, and the amount of time devoted to each
task, together with an itemized description of the direct costs and expenses incurred.
Section 4.
(a) Notwithstanding the description set forth in Recital Paragraph B, above, Special Legal
Counsel Services do not include bond counsel or special tax counsel legal representation of the
Commission, the Economic Development Agency or the Redevelopment Agency. In the event that
a particular legal representation may require bond counsel or special tax counsel services, Special
Legal Counsel shall so advise the City Attorney, and upon the consent of the City Attorney, the
Commission, in its discretion, may direct the law firm of Lewis, D' Amato, Brisbois & Bisgaard,
L.L.P., to provide such bond counselor special tax counsel services in accordance with its standard
schedule of professional services fees for such engagements.
(b) Notwithstanding the description set forth in Recital Paragraph B, above, Special Legal
Counsel Services do not include the representation of the Commission, the Economic Development
Agency or the Redevelopment Agency in any judicial proceedings or litigation. In the event that a
particular legal representation or transaction associated with any Program may foreseeably involve
litigation or the threat of litigation Special Legal Counsel shall so advise the City Attorney, and, upon
the consent of the City Attorney, the Commission, in its discretion, may direct the law firm of Lewis,
D' Amato, Brisbois & Bisgaard, L.L.P. to provide the Commission, the Economic Development
Agency or the Redevelopment Agency, as applicable with legal representation as special counsel in
association with the City Attorney in such a specific claim or litigation matter in accordance with the
hourly fee for legal service schedule set forth in Section 3.
Section 5
(a) In accordance with the requirements of California Business and Professions Code, the
Commission is hereby advised that Special Legal Counsel maintains professional liability insurance.
Special Legal Counsel shall maintain such policy of professional liability insurance in effect
continuously during the term of this Agreement.
(b) Special Legal Counsel shall possess and maintain in effect during the term of this
Agreement comprehensive general liability insurance against claims for injuries to persons or damages
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CDC/2000-38
to property which may arise from or in connection with the Special Legal Counsel Services with
$1,000,000 in single limit coverage for each occurrence and $2,000,000 general aggregate coverage.
Such insurance shall be on an occurrence basis and shall not include any intra-insured exclusions as
between insured persons and shall be primary to and not contributing to any insurance carried by the
City of San Bernardino or any of its related agencies.
(c) The insurance required under this Section 5 shall be issued by an insurance company
or companies authorized to conduct business in California. The insurance company which issues the
policy described in Section 5(b) shall maintain during the term of its policy coverage a "General
Policy Holder's Rating" of at least A(iv), as set forth in the most current edition of "Best's Insurance
Guide." Such policy, or endorsement to such policy, shall name the Commission, the City of San
Bernardino, the Economic Development Agency, and the Redevelopment Agency, and the officers,
officials and employees of each of them, as additional insureds and shall also provide that no
cancellation, reduction or material change in coverage shall be effective until at least thirty (30) days
after receipt by the City of written notice thereof. Special Legal Counsel shall cause to be delivered
to the Commission an endorsement of its comprehensive general liability insurance policy evidencing
the existence of the insurance coverage required under this Section 5 and shall also deliver by a date
no later than thirty (30) days prior to the expiration of any such policy, a certificate of insurance
evidencing each renewal policy covering the same matters.
Section 6. The law firm of Lewis, D' Amato, Brisbois & Bisgaard, L.L.P., hereby
designates Timothy J. Sabo as the lawyer for the firm primarily responsible for the Special Legal
Counsel Services, with Alexis Crump, and David F. Gondek, Diane R. Holman and Delmar G.
Williams in the San Bernardino offices of the law firm providing assistance to Mr. Sabo in the Special
Legal Counsel representation of the Commission under this Agreement.
Section 7. It is understood and agreed that this Agreement is non-exclusive and that the
Commission may enter into similar agreements with other lawyers. Special Legal Counsel shall
cooperate with and assist any such lawyers in accordance with the direction of the City Attorney.
Section 8. The provisions of 24 Code of Federal Regulations Part 86.36(i) are hereby
incorporated by this reference into the text of this Agreement as applicable to the provision of the
Special Legal Counsel Services to the Commission.
Section 9. This Agreement shall terminate and be of no further force or effect on the fifth
(5th) year anniversary following the date of its acceptance by the Commission; provided however,
that either party may terminate this Agreement sooner, for any reason upon thirty (30) days written
notice.
Section 10. Any notice to be given, pursuant to this Agreement by one party to the other
may be given in writing by depositing said notice with the United States postal services postage
prepaid and addressed as follows:
Commission
c/o Economic Development Agency
of the City of San Bernardino
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CDC/2000-38
201 North "E" Street
San Bernardino, CA 92418
Attn: Executive Director
Lewis, D' Amato, Brisbois & Bisgaard, L.L.P.
201 North "E" Street
Suite 300
San Bernardino, CA 92401
Attn: Timothy 1. Sabo
Nothing in this section shall be construed to prevent the giving of such notice by personal
service.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date and year first above written.
COMMISSION
Community Development Commission of
the City of San Bernardino
By:
c~L/(e<.---
Valles, Chairperson
unity Development Commission
APPROVED AS TO FORM
AND LE AL CONTENT:
SPECIAL LEGAL COUNSEL
B '.
S~, p.{( ,,r,; City Attorney
Lewis, D' Amato, Brisbois & Bisgaard, L.L.P.
By: ~()(/_J_
Timothy 1.~
for the Law Firm
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