HomeMy WebLinkAbout09A-City Attorney
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject:
A Resolution authorizing the execution of a Joint
Litigation and Confidentiality Agreement between
Richards, Watson & Greshon and the City of San
Bernardino in the case of City of San Bernardino,
et at. v. County of San Bernardino (Perchlorate
Litigation)
Dept: City Attorney's Office
Date: July 18, 2006
ORIGINAL
Synopsis ofPreyious Council action: N/A
Recommended motion:
That the Mayor of the City of San Bernardino be authorized and directed to execute on
behalf of the City of San Bernardino, the Joint Litigation and Confidentiality Agreement
between Richards, Watson & Gershon and the City of San Bernardino in the case of City
of San Bernardino, et al. v. County of Sa Bernardino (Perchlorate Litigation).
.~
es F. Penman, City Attorney
Contact person:
Marianne Milligan. Sf. Ass!. City Attorney
Phone:
Supporting data attached:
Staff Report
Ward:
(909) 384-5355
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
)(-rso, .?-OO(, - d. (p 'J-"
75-0262
Agenda Item No. q fj
7 /J-Lf! (J to
,------
STAFF REPORT
Council Meeting Date: July 24, 2006
TO:
Mayor and Common Council
FROM:
City Attorney's Office
DATE:
July 18, 2006
RE: A Resolution authorizing the execution of a Joint Litigation and Confidentiality
Agreement between Richards, Watson & Gershon and the City of San Bernardino in the case of
City of San Bernardino et al. v. County of San Bernardino (Perchlorate Litigation)
BACKGROUND:
The City of San Bernardino, as well as several other cities (collectively the "Cities") are
all signatories to a Waste Disposal Agreement ("WDA") with the County of San Bernardino.
The WDA provides for a standard fee to be charged but allows the County to increase fees
charged to the individual cities based upon an "uncontrollable circumstance." The Cities
received notification by the County in the Spring of 2005 that the County deemed the costs of
environmental remediation of a chemical commonly known as perchlorate found in a portion of
the County's Mid-Valley Landfill, to be such an uncontrollable circumstance justifying the
imposition of an additional surcharge of $0.69 per ton of solid waste that is disposed in the
County's landfills. Each of the Cities disputes that this remediation cost constitutes an
"uncontrollable circumstance" under the terms of the WDA.
On February 21, 2006 in closed session the Mayor and Common Council approved
entering into a "Joint Litigation Agreement" (the "Agreement") with the law firm of Richards,
Watson & Gershon for them to represent all the Cities' interests, including the City of San
Bernardino in litigation against the County. The attached is that Agreement.
RECOMMENDATION:
That the Mayor of the City of San Bernardino be authorized and directed to execute on
behalf of the City of San Bernardino, the Joint Litigation and Confidentiality Agreement between
Richards, Watson & Gershon and the City of San Bernardino in the case of City of San
Bernardino et al. v. County of San Bernardino (Perchlorate Litigation)
F:\MILLIGAN\City Attorney\Staff ReportsVoint Litigation Staff Report 6-24-06.doc
1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT LITIGATION AND
3 CONFIDENTIALITY AGREEMENT BETWEEN RICHARDS, WATSON & GERSHON
AND THE CITY OF SAN BERNARDINO IN THE CASE OF CITY OF SAN BERNARDINO,
4 et al. v. COUNTY OF SAN BERNARDINO (Perchlorate Litigation)
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Joint Litigation and Confidentiality Agreement between
9 Richards, Watson & Gershon and the City of San Bernardino for joint legal services, a copy of
10 which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as
11 though set forth at length.
12 SECTION 2. The authorization granted hereunder shall expire and be void and of no
13 further effect if the agreement is not executed by both parties and returned to the Office of the City
14 Clerk within sixty (60) days following the effective date of the resolution.
15 1//
16 1//
17 /1/
18 1//
19 /1/
20 1//
21 /1/
22 /1/
23 1//
24 1//
25 1//
26 1//
27 /1/
28 /1/
1
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN MUNDELL, ODLUM & HAWS AND THE CITY OF
SAN BERNARDINO IN THE CASE OF PATRICK MAJOR v. SAN BERNARDINO FIRE
3 DEPARTMENT, CITY OF SAN BERNARDINO, et af.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
6
Common Council of the City of San Bernardino at a
meeting thereof,
held on the day of
7
COUNCIL MEMBERS:
8
ESTRADA
9
LONGVILLE
10
MCGINNIS
II
DERRY
12
KELLEY
13
JOHNSON
14
MCCAMMACK
15
16
17
18
, 2006, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
19
20
21
22
The foregoing Resolution is hereby approved this
day of
,2006.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26
27
28
2
JOINT LITIGATION AND CONFIDENTIALITY AGREEMENT
This Joint Litigation and Confidentiality Agreement (the "Agreement") is entered
into and is made effective as of this 151 day of March 2006, by and among
Richards, Watson & Gershon ("RW&G") and the cities of Adelanto, Apple Valley,
Barstow, Big Bear Lake, Colton, Fontana, Grand Terrace, Hesperia, Highland,
Loma Linda, Rialto, San Bernardino, Twentynine Palms, Victorville, Yucaipa, and
Yucca Valley. The city parties will be referred to herein individually as "Member"
and collectively as "Members."
RECITALS
WHEREAS, each Member is a party to a Waste Disposal Agreement ("WDA")
with the County of San Bernardino ("County") in substantially the same form as
the sample WDA attached hereto as Exhibit "A" providing for a set schedule of
fees for the Member's use of the Mid-Valley landfill maintained by the County;
and
WHEREAS, each Member received a letter issued by the County Department of
Public Works in the Spring of 2005, in which the County indicated that it would be
increasing the fees charged to each member at the rate of an additional $0.69
per ton to cover the County's purported additional costs in connection with
certain environmental remediation of perchlorate in the Mid-Valley landfill area
(the "Perchlorate Surcharge"); and
WHEREAS, each Member believes that the Perchlorate Surcharge is not justified
and is not the type of "uncontrollable circumstance" as defined by the WDA and a
common understanding, given the circumstances of that contract and law; and
WHEREAS, each Member has a common interest and/or defenses as well as
having common interests and/or defenses in other proceedings as may occur in
the future to prevent the imposition of the proposed Perchlorate Surcharge,
including without limitation, any potential action by the Members to seek a judicial
declaration or other judicial relief or remedy as to the validity and amount of the
proposed Perchlorate Surcharge, being collectively referred to herein as the
"Litigation"; and
WHEREAS, the Members have common interests with regard to the Litigation
and there are common issues of law and fact relevant to the Members' common
interests in such Litigation, including, but not limited to, the Members' common
position that the Perchlorate Surcharge is not allowable under the terms of the
WDA that each Member has entered into with the County and will constitute an
unjustified price increase impacting members of each Member's community; and
10070-0001/870813.2
1
WHEREAS, the Members desire to promote cooperation with respect to their
common interests in the Litigation by: (1) facilitating the exchange of information,
including confidential information related to legal, factual, and/or technical issues;
and (2) jointly retaining and working with attorneys, consultants and/or experts
regarding legal and technical issues relevant to the Litigation; and
WHEREAS, the Members desire to cooperate on these matters without
jeopardizing the confidential and privileged status of any such information they
may exchange; and
WHEREAS, it is the intention, understanding, and desire of the Members that all
past and future communications and shared attorney work-product between and
among them and/or any of their counsel, consultants and/or experts pertaining to
or produced in connection with or in anticipation of the Litigation are and shall
remain confidential, and are and shall continue to be protected from disclosure to
any third party by all applicable privileges and immunities; and
WHEREAS, the Members conclude that the past and continued sharing of
certain documents, information, factual materials, mental impressions,
memoranda, communications with clients, and other information, whether oral or
written, will facilitate the rendering of professional legal advice to the Members;
and
WHEREAS, without admitting any fact, responsibility, fault or liability in
connection with the Litigation, the Members now desire to memorialize the
agreements between themselves.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing, the Members mutually
agree as follows:
1. Confidential Information
1.1 "Confidential Information" shall mean and writings, documents,
information, factual materials, mental impressions, memoranda, and other
information, whether oral, written or in electronic form, shared among two or
more Members that are subject to the attorney-client and/or attorney work
product privileges, trial preparation materials, and/or confidential, proprietary or
trade secret information. Each Member agrees that all Confidential Information
received from any other Member, its counsel, or jointly retained consultants or
experts shall be held in strict confidence by the receiving Member who shall not
disclose Confidential Information to anyone except its counsel, consultants,
employees, or agents.
10070-0001/870813.2
2
1.2 All public documents, information, and factual material shall be
excluded from Confidential Information.
1.3 All persons permitted access to Confidential Information shall be
advised that the Confidential Information is subject to the terms of this
Agreement.
1.4 Confidential Information in written or document form exchanged
after execution of this Agreement, which is intended to be kept confidential may,
but need not, be marked "Privileged and Confidential." Confidential Information
exchanged before the execution of this Agreement shall also be considered
privileged and confidential whether or not marked as such. Each Member agrees
that if another person or entity requests or demands, by subpoena or otherwise,
any Confidential Information, the Member receiving the request shall immediately
notify the other Members, and shall inform the person or entity seeking the
Confidential Information that such materials are privileged and confidential and
may not be disclosed without the consent of the Member furnishing the
Confidential Information unless ordered by a court of competent jurisdiction.
Before any disclosure is made by a Member, that Member shall take all steps
necessary and appropriate to facilitate the assertion of all applicable rights and
privileges with respect to such Confidential Information including permitting the
other Members a reasonable opportunity to intervene and be heard, and
otherwise cooperating with the other Members to enable them to take any of the
appropriate steps to protect their rights under this Agreement.
I.S Any Member who provides Confidential Information in written or
document form, whether before or after execution of this Agreement, may require
at any time that any other Member return all existing originals and copies of the
Confidential Information to the providing Member, or require that the original and
all copies of the Confidential Information be destroyed with appropriate
verification of the destruction. This provision shall survive the termination of this
Agreement.
1.6 Confidential Information shall not be disseminated to counsel
representing non-Member individuals or entities involved in the Litigation, unless
each Member provides written consent and such counsel has executed a copy of
this Agreement. If any Member retains different counsel, Confidential Information
shall not be disclosed to such counsel until that counsel has executed a copy of
this Agreement. Any disclosure in accordance with this Paragraph 1.6 shall not
diminish in any way the confidentiality of the Confidential Information disclosed
and shall not constitute a waiver of any applicable privilege.
10070-0001/870813.2
3
1. 7 The confidentiality obligations of the Members shall remain in full
force and effect, without regard to whether (i) this Agreement is terminated
pursuant to Section 6 below, (ii) Confidential Information is returned to the
providing Member, and/or (iii) any Member withdraws or is removed from this
Agreement pursuant to Paragraphs 5.1-5.4 below.
1.8 The exchange of Confidential Information among Members,
whether exchanged before or after the execution of this Agreement, is not and
was not intended to waive any attorney-client privilege or attorney work-product
protection applicable to such information.
1.9 All Confidential Information governed by this Agreement shall be
protected to the maximum extent provided by law, including the attorney work
product and joint common interesUdefense doctrines, the attorney-client privilege
and/or any other applicable privileges as recognized under California or federal
law.
1.10 No Confidential Information may be used by one Member against
another in the prosecution or defense of any claim. Confidential Information that
is not otherwise privileged will not gain the protection of any privilege as between
the Members by virtue of being shared among or otherwise disclosed to the
Members, or any of them, under this Agreement.
1.11 Any inadvertent or unintentional disclosure of Confidential
Information by any Member or its employees, legal counsel, consultants, or
experts to any person or entity not a party to this Agreement shall not constitute a
waiver of the terms of this Agreement as to the disclosed information or any other
information which is subject to this Agreement.
1.12 A Member may disclose Confidential Information to its insurance
carrier as it deems necessary for purposes of pursuing claims under its policies
of insurance, billing or other reimbursement of costs, but only if: 1) prior to
disclosing any Confidential Information to its insurer(s), the Member gives written
notice to each of the Members of its intention to disclose Confidential
Information, in sufficient detail to describe the Confidential Information it intends
to disclose, the purpose of the intended disclosure, and the insurer(s) to whom
the Member intends to disclose the Confidential Information; 2) the Member and
its insurer(s), prior to disclosure of any Confidential Information, execute a
protective order or confidentiality agreement approved by the Members to the
effect that the insurer(s) shall not make the Confidential Information available to
others, including, without limitation, any personnel of the insurer(s) that may be
handling insurance claims from other Members or PRPs, and binding the
insurer(s) to the terms and conditions of this Section 1.
10070-0001/870813.2
4
2. Conflict of Interest
This Agreement shall not be construed to create an independent attorney-client
or other fiduciary relationship between a Member and common counsel acting for
all Members. Each Member waives any claim of conflict of interest that might
arise by virtue of its participating in this Agreement and sharing of Confidential
Information; and each Member agrees that it shall not rely on this Agreement or
the sharing of Confidential Information as a basis upon which to seek to
disqualify legal counsel for any other Member, any jointly retained counsel,
including the firm of Richards, Watson & Gershon, or any jointly retained
consultants and/or experts, from representing, or performing consultant services
on behalf of, such other Member, or anyone else, in this or any other matter.
This waiver and agreement shall survive termination of this Agreement and shall
continue to bind each Member after that Member's removal or withdrawal from
this Agreement.
3. Oecision-Makina bv the Members
Except as to the matters requiring a two-thirds or unanimous vote as set forth
herein, all joint defense decisions of the Members shall be made by vote or
proxy, by a simple majority of the Members, each Member having one vote. In
order to facilitate decision making, it is contemplated that status conferences will
be held on an as needed basis. Each Member shall have the right to designate
one regular and one alternate to participate in the status conferences that shall
have the right to vote on the Member's behalf with respect to any funding,
strategy, or other issue requiring a vote. The Members may appoint a "litigation"
committee composed of not less than three Members who shall have the ability
to approve day-to-day decisions on the course of the litigation and represent the
Members at settlement conferences or other court appearances as may be
necessary.
4. Fundina bv Members
All Members shall fund the expenses of any litigation challenging the proposed
imposition of the Perchlorate Surcharge and seeking any reimbursement of that
surcharge on a "per city" basis. For example, each monthly invoice for legal
services shall be divided by the number of cities then participating in the litigation
and each city shall be responsible only for its respective share of that month's
invoice. The Members shall appoint a Treasurer whose functions will include
receipt, review, and recommendation for approval (or disapproval), in whole or in
part, the submitted invoices for that month.
10070-0001/870813.2
5
S. Hourlv Rates
RW&G shall be paid at the hourly rates set forth below:
Shareholders/Senior Attorneys - $ 225 per hour;
Associate Rate-$17D per hour and
Law Clerks/Paralegals - $95 per hour.
6. Withdrawal or Removal from the Joint Defense Group
6.1 Any Member may be removed upon a vote of two-thirds of the
Members, excluding the Member being considered for removal, if the interests or
the actions of the Member being removed are determined to be contrary to the
interests of the other Members. Any Member may withdraw from this Agreement
upon 3D days written notice to all other members and to common counsel. The
withdrawal will be effective as the end of the 3D-day notice period.
6.2 A Member who withdraws or is removed from this Agreement
pursuant to Paragraph 4.1 above, shall not be entitled to any reimbursement of
contributions made to any common counsel, joint consultant or expert.
6.3 The former Member, upon receipt, shall return to the remaining
Members, or certify as to the destruction of, all written and recorded Confidential
Information in its possession that was provided to that Member, within fifteen (15)
days after the date of withdrawal or removal. The protections afforded
Confidential Information pursuant to this Agreement shall survive the withdrawal
or removal of any Member.
6.4 In the event any Member withdraws or is removed from the
Agreement, the remaining Members may continue to utilize the joint counsel,
experts and consultants for the sole purpose of the Litigation.
7. Termination
This Agreement shall terminate at any time by a majority vote of the Members
then party to this Agreement.
8. Common Counsel. Consultants and Experts
The Members have agreed to retain as common legal counsel, the firm of
Richards, Watson & Gershon. The Members shall, upon a vote of two-thirds of
the then participating Members, also retain joint consultants and experts to
advance their common interests. The Members shall authorize one of the
Members to act as a treasurer for the purpose of approving and authorizing
payments to reimburse the common counsel and other joint consultants and
experts.
10070-0001/870813.2
6
9. Effective Date
This Agreement shall become effective as of the date first set forth above when
this Agreement is fully executed by all of the Members and their respective
counsel.
10. Warrantv of Authoritv
Each representative or counsel of a Member signing this Agreement represents
and warrants that he or she has been duly authorized to enter into this
Agreement by the municipal entity on whose behalf the person indicates he or
she is signing.
11. Miscellaneous
11.1 Nothing in this Agreement shall be construed to restrict any
Member's right to undertake separate investigative efforts, legal research and/or
other activities in the defense or prosecution of the Litigation. Any Member
undertaking such separate efforts shall be free to disclose or use the results of
the separate and independent efforts in any manner that the Member desires,
without the consent of any other Member.
11.2 Nothing herein shall be deemed to create, or be construed as, a
partnership or joint venture and/or principal and agent relationship between and
among the Members to this Agreement, any such alleged agency or fiduciary
relationship being specifically disclaimed and denied.
11.3 This Agreement is binding upon each Member and its respective
predecessors, successors, transferees, assigns, council members, and City
staffs.
11.4 No assignment or delegation of the obligation to make any payment
or reimbursement hereunder shall release the assigning or delegating Member
without the prior written consent of the other Members.
11.5 The drafting of this Agreement has been a joint effort and no
provision hereof shall be deemed prepared or drafted by anyone or more of the
Members.
11.6 If any provision of the Agreement is determined to be invalid or
unenforceable, the remaining provisions shall continue to be fully operative.
11.7 This Agreement is entered into and shall be construed and
interpreted in accordance with the laws of the State of California.
11.8 The Members agree that specific performance and/or injunctive
relief is an appropriate remedy to compel compliance with the provisions of this
Agreement.
10070-0001/870813.2
7
11.9 Modifications or amendments of this Agreement may be made if
such modifications or amendments are in writing and signed by each of the
Members and their counsels.
11.10 This Agreement shall be executed in original counterparts with the
same force and effect as if executed in one complete original document.
11.11 This Agreement and any payments made hereunder shall not
constitute an admission by any of the Members for any purpose.
IN WITNESS WHEREOF, the Members hereto enter into this Agreement:
CITY OF ADELANTO
Dated: ,2006 By:
Its:
CITY OF APPLE VALLEY
Dated: ,2006 By:
Its:
CITY OF BARSTOW
Dated: ,2006 By:
Its:
CITY OF BIG BEAR LAKE
Dated: ,2006 By:
Its:
CITY OF COLTON
Dated: ,2006 By:
Its:
10070.0001/870813.2
8
CITY OF FONTANA
Dated:
,2006
CITY OF GRAND TERRACE
Dated:
CITY OF HESPERIA
Dated:
CITY OF HIGHLAND
Dated:
CITY OF LOMA LINDA
Dated:
10070-0001/870813.2
,2006
,2006
,2006
,2006
By:
Its:
By:
Its:
By:
Its:
By:
Its:
By:
Its:
9
CITY OF RIAL TO
Dated:
CITY OF SAN BERNARDINO
Dated:
,2006
,2006
CITY OF TWENTYNINE PALMS
Dated:
CITY OF VICTORVILLE
Dated:
CITY OF YUCAIPA
Dated:
10070-0001/870813.2
,2006
,2006
,2006
By:
Its:
By:
Its:
By:
Its:
By:
Its:
By:
Its:
10
I
CITY OF YUCCA VALLEY
Dated:
,2006
10070-0001/870813.2
By:
Its:
11
ADD EXHIBIT 'A'-SAMPLE WASTE DISPOSAL AGREEMENT
10070-0001/870813.2
12
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # 3-1\:
Vote: Ayes ',/) ~ <t. ~b "t') Nays ~
Change to motion to amend original documents D
Resolution #
Abstain <iT-
d-DrJ.o - %')-
Absent ~
Companion Resolutions
N ull/V oid After: /0 () days / q - J :2 - 0&
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
q-I-~
Date Returned:
2nd Reminder Letter Sent:
Not Returned: ~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control D EDA D
City Administrator D Facilities D
City Attorney [if Finance u:t
Code Compliance D Fire Department D
Development Services D Human Resources D
Others:
Reso, Log Updated: ~
Seal Impressed: R
Reso, # on Staff Report I)Q,
YesL No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Information Services D
Parks & Recreation D
Police Department D
Public Services D
Water Department D
Notes:
_::~i!:;d. ~t J~:t :ctlf~ (i~L~,,::r ~~J~r;~ J,
Ready to File: ~
Date:~
Revised 12/18/03
i<-JcJ1. rw! bL
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 1, 2006
YOUR COPY
TO:
Edna DiVellis, Operations Supervisor
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No, 2006-262
At the Mayor and Common Council meeting of July 24,2006, the City of San Bernardino
adopted Resolution No, 2006-262 - Resolution authorizing the execution of a Joint Litigation
and Confidentiality Agreement between Richards, Watson & Gershon and the City of San
Bernardino in the case of City of San Bernardino, et ai, v, County of San Bernardino
(Perchlorate Litigation),
Attached are one (1) original Professional Services Agreement and one (1) duplicate agreement
to be executed by Richards, Watson & Gershon, Please obtain signatures in the appropriate
locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to
Dodie Otterbein, Records Management Coordinator. Please forward the other fully executed
copy to the other party,
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by Friday, September 22, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator, at ex!. 3215, Thank you,
;I.!.~k~
...-LVt- ~~ Medina
o - Assistant to the City Clerk
:~~_y ~::' &~' ,"", moo';oood docmnoo".
~ Please sign and return
Date: <6 ~1 au>
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
INTER-OFFICE MEMORANDUM
SUBJECT:
Sandra Medina, Assistant to the City Cl~ ~ty Clerk's Office
Wasana A. Chantha, Executive Secretary ~
Executed Agreement - 2006-271
TO:
FROM:
DATE:
October 9, 2006
Enclosed for your records is the fully executed Agreement that was approved by the Mayor and
Common Council of the City of San Bernardino on July 24, 2006 pertaining to the following
resolution:
CDC/2006-271
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Mayor to execute the Contract
and related documents for the Loan Guarantee Assistance under Section
108 of the Housing and Community Development Act of 1974, as
amended, 42 USC Section 5308 (CDBG Section 108 Contract No, B-03-
MC-06-0539) - North Arden Guthrie Commercial Development Project
(IVDA Redevelopment Project Area)
Should you have any questions, I can be reached at (909) 663-1044,
Thank you,
Enclosure
cc: Barbara Lindseth (with Original Executed Agreement)
Maggie Pacheco (with Copy of Executed Agreement)
File