HomeMy WebLinkAboutCDC/2007-07
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RESOLUTION NO. CDC/2007-7
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.1 TO
THE 2006 LEGAL COUNSEL SERVICES AGREEMENT WITH LEWIS,
BRISBOIS, BISGAARD & SMITH, L.L.P.
7 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") desired
8 to retain Legal Counsel Services for the California Redevelopment Law, CDBG, HOME, HUD 108
9 financing, economic development and redevelopment related legal matters; and
10 WHEREAS, in March 2006, according to Agency procurement policies and procedures,
11 Agency Staff solicited proposals from law firms across the State of California; and
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WHEREAS, in April 2006, an evaluation of the three (3) proposals submitted by law firms
13 was completed and graded according to a set of criteria; and
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WHEREAS, on May I, 2006, the Community Development Commission of the City of San
Bernardino ("Commission") approved a one (1) year contract with Lewis, Brisbois, Bisgaard &
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Smith, L.L.P. ("2006 Agreement"), for legal counsel services; and
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WHEREAS, said 2006 Agreement will expire May I, 2007.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
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CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
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FOLLOWS:
Section 1.
The Commission hereby desires to enter into Amendment No. I to the 2006
21 Agreement with Lewis, Brisbois, Bisgaard &. Smith, L.L.P., to extend the 2006 Agreement for three
22 (3) years to expire May I, 2010, allowing for a $10.00 per professional hour increase for the
23 services of a senior attorney, and with all other terms, conditions and hourly rates remaining the
24 same, as incorporated herein by reference as though fully set forth at length.
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Section 2.
The Commission hereby approves and authorizes the Executive Director of
26 the Agency to execute Amendment No. I to the 2006 Agreement for Legal Counsel Services
27 ("Amendment No. I 2006 Legal Counsel Services Agreement").
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Section 3.
The Resolution shall become effective immediately upon its adoption.
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P:\Agcndas\Resolutions\ResoJutionsUOO7\03-05-07 LBBS Legal Counsel- Amendment No. I CDC Reso,doc
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.1 TO
THE 2006 LEGAL COUNSEL SERVICES AGREEMENT WITH LEWIS,
BRISBOIS, BISGAARD & SMITH, L.L.P.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a joint reg\llar
meeting
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8 thereof, held on the 5 th day of March , 2007, by the following vote to wit:
9 Commission Members: Aves Navs Abstain Absent
ESTRADA X
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BAXTER X
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BRINKER -1L
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DERRY ---X-
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KELLEY X
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JOHNSON X
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15 MC CAMMACK
---1L..
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/-);v{ ?1-;(~-l.R_
Secretary
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1 day of March
19 The foregoing Resolution is hereby approved this
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,2007.
J. Morris, erson
munity Development Commission
of the City of San Bernardino
Approved as to Form:
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26 Agency ~
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P:\Agendas\Resolutions\Resolulions\2007\03-05-07 LBBS Legal Counsel. Amendment No.1 COC Reso.OOc
Amendment No.1
to the
2006 Agreement
(Lewis, Brisbois, Bisgaard & Smith, L.L.P.)
This Amendment No.1 ("Amendment No.1") to that certain 2006 Agreement for legal
counsel services, dated May 1, 2006 ("Agreement"), is dated as of May 1,2007, by and between
the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic
(the "Agency"), and Lewis, Brisbois, Bisgaard & Smith, L.L.P. ("Legal Counsel"), and is
entered into in light ofthe facts as set forth in the following Recitals:
RECITALS
WHEREAS, the Agency and Legal Counsel have previously entered into the Agreement
as referenced above for a term of one (1) year from May 1, 2006 through May 1, 2007; and
WHEREAS, the Agreement will expire on May 1, 2007, and the parties to the Agreement
desire to extend the term of the Agreement for a period of three (3) years which shall be deemed
to be May 1, 2010, for the reasons noted in the complimentary Staff Report to this Amendment
No.1; and
WHEREAS, all other terms, provisions and conditions of the Agreement shall remain in
full force and effect, except to the extent specifically modified by this Amendment No.1.
NOW, THEREFORE, the parties to this Amendment No.1 to the Agreement agree as
follows:
Section 1.
Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in
all respects to the best knowledge of the parties as ofthe date hereof.
Section 2.
Further Extension of Term of Al!reement.
The parties intend by the approval and execution of this Amendment No. 1 to
extend the term of the Agreement until May 1, 2010, on the same terms and
conditions of the Agreement. The Agreement shall terminate and be of no further
force or effect as of the end of business on May 1,2010; provided, however, that
either party may terminate this Agreement sooner, for any reason upon thirty (30)
days written notice.
Section 3.
Professional Rates.
Section 3(a) of the 2006 Agreement shall be amended to provide for a $10.00 per
professional hour rate increase for the services of a senior attorney for a total of
$160.00 per professional hour. All other professional hourly rates shall remain
the same.
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P:\Agendas\Agenda Attachments\Agrmls.Amend 2007\03_05-07 LBBS legal Counsel- Amendment No. ].doc
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Section 4.
Effective Date.
This Amendment No. 1 shall take effect and be in full force and effect from and after
the date of approval hereof by the governing body of the Agency and the final
execution and delivery of this Amendment No.1 by both parties to the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the date
first above written.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Date: March 8, 2007
B~~b _____ ,
Maggie acheco, Executive Director
LEGAL COUNSEL
Date: yf'/o 7
By:
Lewis, Brisboi Bisgaard & Smith, L.L.P.
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P\Agendas\Agenda Attachmmts\AglTllls-Amcnd 2007103-05-07 LBBS Legal Counsel- Amendment No. I.doc