HomeMy WebLinkAboutR27-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco, Director SUBJECT:
Housing and Community Deve~~~~ ' fl ~ .~ 1
October 30, 2000 t.:'; to "';1.'.' ....
ASSIGNMENT AND APPROVAL OF
THE SABO & GREEN ATTORNEYS
AT LAW CONTRACT TO LEWIS,
D'AMATO, BRISBOIS & BISGAARD,
LLP.
DATE:
SvnoDsis of Previous Commission/Council/Committee Action(s):
On October 19, 2000, the Redevelopment Committee recommended that this item be sent to the Community
Development Commission for approval.
Recommended Motion(s):
(Community DeveloDment Commission)
MOTION:
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING (I) 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.
Contact Person(s): Gary Van OsdellMaggie Pacheco
Project Area(s) All
Phone:
663-1044
Ward(s):
1-7
Supporting Data Attached: IRI Staff Report IRI Resolution(s) IRI Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo
FUNDING REQUIREMENTS Amount: $
Source: Tax Increment, HOME and CDBG Funds
~,~!a,-/
Maggie Pacheco, Director
Housing and Community Development
--CommlssioniCouncii-Notes:----------------------------------------------------------------------------------------__________________________________m____
SIGNATURE:
2000-200 I Budget
GVO:MP:lag: 11-06.00 Lewis DAmato
COMMISSION MEETING AGENDA
Meeting Date: 11/06/2000
Agenda Item Number: 1l).1
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Assil!nment and Approval of The Sabo & Green Attornevs At Law Contract to Lewis,
D'Amato, Brisbois & Bisl!aard. LLP.
BACKGROUND
The Agency has contracted with the law finn ofSabo & Green since the early 1990's to provide
legal services on issues related to redevelopment, HOME, CDBG, and economic development,
etc.
In 1999 HUD audited the Agency's federal programs and particularly reviewed the Agency's
Legal Contract with Sabo & Green. HUD found that the Agency's Contract with Sabo & Green
did not meet the HUD procurement regulations. Specifically, they required the Agency to
procure legal services through a Request for Proposals (RFP) process and furthennore when
entering into an Agreement with the selected law finn, that the Agreement have a specific tenn
provision, preferably five (5) years.
Staff refuted HUD's finding in that the Agency did have a Legal Contract that met the HUD
Procurement process but with no success. Consequently, the only acceptable resolution for HUD
was for the Agency to enter into a new five (5) year Agreement with a specific tennination
provIsIOn.
Prior to selecting the law finn of Sabo & Green, staff solicited and received proposals from the
law finns of Best, Best & Krieger and Lance E. Garber. The law finn of Sabo & Green offered
the Agency lower rates (see attached proposals). The hourly rates that Sabo & Green will charge
the Agency for all services rendered, including but not limited to redevelopment, CDBG,
HOME, ESG, and economic development, etc., are as follows:
Senior Attorneys
Senior Associates
Associates
Paralegals
$140 per hour
$130 per hour
$120 per hour
$ 95 per hour
In addition to the hourly professional legal services rate, Special Legal Counsel shall also be
reimbursed for direct costs and expenses incurred in the perfonnance 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.
----------------._---.-._-------------------------------------------------------------------------------------------------.-.--._---------
GVO:MP:lag:ll-06-00 Lewis DAmato
COMMISSION MEETING AGENDA
Meeting Date: 11/06/2000
Agenda Item Number: ~
Economic Development Agency Staff Report
Lewis, D'Amato
October 19,2000
Page Number -2-
On August 10,2000, staff reviewed the Sabo & Green Legal Contract with the Redevelopment
Committee and the Committee recommended approval of a new five (5) year agreement with
Sabo & Green. On October 16,2000, the Redevelopment Committee's recommendation was
forwarded to the Community Development Commission for consideration. However, in light of
a letter received from Mr. Timothy J. Sabo, dated October 13,2000 (see attached), wherein, Mr.
Sabo is requesting Agency approval of an assignment of the Sabo & Green contract to the new
firm he has recently joined, Staff recommended that the matter be returned to the Redevelopment
Committee for re-consideration of Mr. Sabo's assignment request.
Current Issue
Per the letter dated October 13,2000, Mr. Timothy Sabo is withdrawing from the firm of Sabo &
Green and joining the San Bernardino law firm of Lewis, D'Amato, Brisbois & Bisgaard, L.L.P.,
located at 650 East Hospitality Lane, San Bernardino. In Mr. Sabo's letter he reassures the
Agency that the new law firm will continue to provide the same level of service, expertise, and
rates to the Agency and that the firm can also provide enhanced services to the Agency such as:
bankruptcy, environmental law, real estate, etc, expertise. The firm was created in 1991 and has
offices in San Bernardino, Los Angeles, Costa Mesa and San Diego, etc.
On October 19, 2000, Mr. Sabo gave a brief explanation to the Redevelopment Committee
members on his reasons for the assignment request and the Committee approved the assignment
and the new contract.
Fiscal Imoact
Funds for these services are budgeted In the 2000-2001 Economic Development Agency
approved budget.
Recommendations
That the Community Development Commission adopt the attached resolution.
/}h~(?~
Maggie Pacheco, Director
Housing and Community Development
GVO:MP:lag: 11-06-00 Lewis DAmato
COMMISSION MEETING AGENDA
Meeting Date: 11/06/2000
Agenda Item Number: R.:J..1
':::1 xo 1 C.\L.\ll,\SAS RO,\D
SLITI! 1015
CAL\DA~AS. C,\LlF')R.'JI.\ 9 1 .101
('I') 70.-0195
FAX (XIX) 70"-"729
SABO & GREEN
A TTORNEYS AT LAW
A LIMITED LIABILITY P.\RT:-IERSIIIP
20 t NnRTII"E" STItI!I!T
Sf.TIE Jon
SAN DER..'lARDIN.)' C,\LlFl)R.'lt\ 9:..0 I
(9m) .110.1))7)
FAX (909) ]']-')J7X
)5-325 DATE PAL.\-I DRl....."E
Sum:.::::J:::
C\Tll1mRAL CITY, CALIFOR.'lL\ 9::::34
(7M) 770-0X73
F..\.'\: (7GO) 770-17~A
INTERNTIT: w\V\v.ilalmgrccn...:om
October 13, :WOO
DIlU!CT E-MAIL ADDRESS:
l..:thll(0sahogrccn..::om
Gary Van Osdel
Executive Director
City of San Bernardino
Economic Development Agency
201 North "E" Street, Suite 30 I
San Bernardino, California 92401
Dear Gary:
On November I, 2000, [ will be withdrawing from the law firm of Sabo & Green,
LLP, and associating with the law firm of Lewis, D'Amato, Brisbois & Bisgaard, LLP.
David Gondek, Diane Holman and Delmar Williams of the San Bernardino office,
together with Alexis Crump from the Calabasas office, will be relocating with me to Lewis,
D'Amato, Brisbois & Bisgaard. These five attorneys have provided virtually 100% of the special
legal counsel services to the EDA during the past 3 years. Thus, there will be no change in the level
of experience, professionalism and responsiveness of special legal counsel services provided to the
EDA.
Further, the association with Lewis, D'Amato, Brisbois & Bisgaard will expand the
legal resources available to the EDA. The San Bernardino office of Lewis, D'Amato, Brisbois &
Bisgaard LLP was founded in 1991 and currently has 21 attorneys. The San Bernardino office was
recently ranked number 3 out of [8 among law firms in Riverside, San Bernardino and eastern Los
Angeles counties based on the number of local attorneys in their offices (The Business
Press/California, June 22, 2000). Additionally, Lewis, D'Amato, Brisbois & Bisgaard LLP, has
offices in Los Angeles, Costa Mesa, San Diego, San Francisco and Sacramento. The firm employs
some 200 attorneys in the State of California and offers a wealth of experience in areas such as
Bankruptcy, Construction Litigation, Employment, Environmental Law, Insurance law, Public Entity
Defense/Litigation and Real Estate, to name a few.
OFFO/OOO ilL TRlJ79.J
l'
:J
Gary Van Osdd
October 13. :2000
Page 2
I respectfully request that the existing agreement between the Economic Development
Agency CEDX') and Sabo &. Green be assigned by the EDA to the law tirm of Lewis, D'Amato,
Brisbois &. Bisgaard, until a detinitive 5-year agreement can be approved by the Community
Development Commission. Lewis, D'Amato, Brisbois &. Bisgaard will accept both the existing
agreement between the EDA and Sabo &. Green to provide special legal counsel services and the
proposed 5-year agreement to provide these services to the EDA, whether approved with Sabo &.
Green or with Lewis, D'Amato, Brisbois &. Bis!.!aard. Also, Lewis, D'Amato Brisbois &. Bis!.!aard
- ,-
will provide special legal counsel services to the EDA at the same hourly rates and on the same terms
and conditions as presently contemplated in the proposed 5-year agreement
If you would like to discuss this matter, please contact me.
Very truly yours,
c~~
Timothy 1. Sabo
TJSct
OFr%oo I/L TR/379-J
{./
J
useE E. G..\RBER
T<I<pllOn<: (310) HI-69.J9
,'\1I0rtlr!yalullll
20.J9 C<nlllry Park Easl, SlIil< 9011
Las.~II!:<l<s, Cali/amia 90067-31//
Elllail: Igarb<r@SaCA.eIJIII
Faesilllil<: (310) 556-5687
August 16, 199<)
I,... ltEI't.y 1".I~^,~r; IlliFItR TO:
Ms. Maggie Pacheco, Director of Housing
and Community Development
Economic Development Agency
City of San Bemardino
20 I North 'T' Street, Suite 30 I
San Bemardino Cali fomia 92401-1507
Re: Legal Services
Dear Ms. Pacheco:
Pursuant to your request, I offer the following quote for legal services for
work regarding affordable housing and community development:
Legal Services:
Word Processing:
Photocopies:
Fax
$135.00/hour
$ 25.00/hour
$0. I 25/page
$0.25/page
I have also enclosed a copy of my resume.
(fyou have any questions, please do not hesitate to call.
Sincerely,
~~~~
LANCE E. GARBER
LEG:ro
.3
23801 C.\LAOASAS ROAD
SUI,.. 1015
C.\L.\DASAS. CALlFOR-'1IA 91 JO~
(818) 704-0195
FAX (818) 704-ln9
SABO & GREEN
ATTOR.'lEYS AT LAW
r\ PROFESSIONAL CORPORATION
201 NORn,"E"SfR~ET
SurrEJOO
SA~ OER:'IIAROlNO, CALIfORNIA n~o I
(909) 383.9373
FAX (909) 383.9378
35.32:5 DATE P.\LM DRIVE
SL:'tTC 232
CATHEORALCITV, CALIFORNIA 91ZJ4
(760) 770-0873
FAX (760) 770.1 n4
INTER;>lET: 'WWW.SAOOGREEN.CQM
DIRECT IH.t.\ll. ADDIll!SS: OCONDEK@SADOCREEN.CDM
August 20,.1999
Ms. Maggie Pacheco
Housing Director
Housing and Community Development
Economic Development Agency
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
Re:
Proposal for CDBG Special Legal Counsel Services
On behalf of the law firm of Sabo & Green, A Professional Corporation (the "Firm"),
I am pleased to submit to your attention this initial proposal relating to special legal counsel services.
I believe that each of the lawyers based in our San Bernardino office, are well qualified to provide
the legal services described in this proposal. A copy of a Firm Resume is enclosed with this
proposal and it contains a description of the municipaIlaw practice areas of the Firm and the resumes
of its lawyers.
The Firm presently provides special legal counsel services to the Redevelopment
Agency of the City of San Bernardino (the "Agency") and the related community economic
development and housing programs administered by the Community Development Commission of
the City of San Bernardino (the "Commission") in accordance with the terms ofan agreement, dated
October 1, 1990. A copy of the October I, 1990 agreement is attached to this proposal for your
reference and convenience.
You have requested that the Firm provide the Commission with a proposal for legal
services which separately covers certain tasks or areas of speciaIlegaI counsel representation which
the Firm presently performs under the October I, 1990 agreement. These separate areas for which
you have requested the Firm to submit this proposal are listed as follows:
Community Development Block Grant activities of the Commission funded
under the program described at 24 CFR Part 570 ~ ~.;
OrFO/0001/LTR/326
8120/99 300 sk
.3
Ms. Maggie Pacheco
August 20.1999
Page 2
HOME affordable housing activities of the Commission under the program
described at 2-1 CFR Part 92 !:! ~.;
Emergency Shelter Grant activities of the Commission under the program
described at 2-1 CFR Part 576 et~;
Other affordable housing or economic development actlVlttes of the
Commission undertaken pursuant to'special federal grant program authority.
including without limitation the ARR Program; and
Affordable housing activities of the Commission undertaken with low- and
moderate-income housing funds under the program described at Health and
Safety Code Section 3333-1.2 ~ ~.
The separate arcas of special legal counsel services identified in the preceding
paragraph are collectively described for this proposal as "CDBG special legal counsel services." The
CDSG special legal counsel services will include preparation and review of staff reports and memos,
advising the Commission and the staff of the Agency and the Economic Development Agency,
preparing and reviewing agreements, consulting with the General Counsel of the Commission and
participating in the legal representation of the Comrnission, the Agency, and the Economic
Development Agency in CDSG-related matters, as directed.
At the direction of the Commission and its authorized officers, the Firm is ready to
provide CDSG special legal counsel services under either of the following arrangements:
(I) in accordance with a retainer of $2,000.00 per month for the
credit of performance of up to twenty (20) hours per month ofCDSG
special legal counsel services. CDSG special counsel legal services
performed in excess of twenty (20) hours per month shall be billed at
the same hourly rate set forth in the October I, 1990 agreement:
Senior Attorneys
Senior Associates
Associates
Paralegal
$140.00 per hour
$130.00 per hour
$120.00 per hour
$100.00 per hour
- - OR --
OFFO/0001/LTR/326
8/20/99 300 sk
~
Ms. Maggie Pacheco
August 20. 1999
Page 3
(2) in accordance with the same hourly billing rate for each hour of
CDSG special counsd kgal service performed at the hourly billing
rate set forth in the October I, 1990 agreement.
The other terms of the October I. 1990 agreement shall be applicable to either
alternate designated by the Commission under this proposal for CDBG special legal counsel services,
except as noted bdow:
Attornevs Primarilv Responsible For Services:
The Firm designates David F. Gondek as the attorney primarily responsible for the
CDSG special legal counsel services, with Timothy J. Sabo, Charles R. Green, Andre
de Bortnowsky, Diane R. Holman and Alexis C. Crump providing assistance to Mr.
Gondek. Please consult the Firm Resume. as enclosed, for the legal practice
expertise of the lawyers identified in the preceding sentence.
Bond Counsel and Special Tax Counsel:
Lawyers of this Firm are qualified to provide bond and special ta.x counsel services
in cOMection with any redevelopment or other community economic development
activity. However, the CDBG special legal counsel services covered by this proposal
do not include bond counsel or special ta.x counsel services. In the event that a
particular legal representation matter may require bond counselor special ta.x
counsel services, the Commission may direct the Firm to provide such bond counsel
or special ta.x counsel services in accordance with the Firm's standard schedule of
fees for such special tasks.
Invoices For CDBG Lel!al Counsel Services:
The hourly time records and charges for professionallega! services and costs incurred
by the lawyers of the Firm in cOMection with providing the COBG special legal
counsel services shall be submitted by the Firm for payment by the Commission on
monthly invoices separate and apart from any other work performed by the Firm
under the October I, 1990 agreement.
Subject to the acceptance by the Commission of either alternative set forth in this
proposal, the Firm will promptly execute a legal services agreement which includes the foregoing
OFFO/0001/LTR/326
8/20/99 300 ok
j
Ms. Maggie: Pache:co
August 20, 1999
Page 4
provisions and othe:r te:rms required unde:r 24 CFR Part 85.36 in such form as is satisfactory to the:
Office: of the City Attorney and Ge:ne:ral Counsd to the: Commission.
I \vill be: ple:ased to discuss any provisions of this proposal or to provide: you with any
supple:me:ntal information at your earliest reque:st.
Ve:ry truly yours,
SABO & GREEN
A Profe:ssional Corporation
~j..~
David F. Gonde:k
DFG:sk
(Enclosure)
OFFO/0001/LTR/326
8/20/99 300 sk
~
BEST b_5T c. KRIEGER LLP
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August 3 I. 1999
VIA FACSIMILE AND U.S. MAIL
(909) 888-9413
Maggie Pacheco
Director of Housing
San Bernardino Economic Development Agency
20 I N. "E" Street, Suite 30 I
San Bernardino, CA 92401-1507
Dear Maggie:
Re: Proposal to Provide Legal Services to the City of San
Bernardino Economic Development Agency _ Federally
Assisted Housing Programs
Thank you for the opportunity to provide this proposal to the Economic Development
Agency to provide legal services in connection with the Agency's federally funded low and moderate
income housing programs. Best Best & Krieger LLP maintains a redevelopment practice with state-
wide recognition. An important component of our practice involves providing assistance to our
clients on matters involving low and moderate income housing, including those funded with
redevelopment low and moderate income housing set aside and federal CDBG, HOME and similar
funds. We would be happy to provide you with client references upon request.
We propose to provide legal services to the Agency at the rate ofSlSO.OO per hour
for all attorneys. Stephen Deitsch and I would be the partners primarily responsible for the Agency's
projects. The firm would not bill for any mileage spent traveling between our offices and the
Agency's offices. The firm charges a nominal fee for facsimile and reproduction services. However,
with the advent of Internet mail, we would be able to transmit documents back and forth
inexpensively. Our firm also charges our clients for telephone charges on a straight pass-through
RVPUB\KKR.\'21'40
3
,
BEST BEST <5. KRIEGE
LLP
Maggie Pacheco
August 3 I, 1999
Page 2
basis. However, given the proximity of our offices, I do not suspect that there will be much in the
way of long distance telephone charges
Once again. thank you for the opportunity to present this proposal. If you have any
questions, or if you would like to negotiate any particular provision of our offer, please feel free to
call either Stephen Deitsch or me.
Sincerely,
Ke in K. Rand p
BEST BEST & KRJEGER [
KKR:cep
RVPt.'B\KKR."21'40
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RESOLUTION NO(g@ ~W
.... ~
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION APPROVING (I) 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.
WHEREAS, on or about August 1999, Staff solicited proposals from three law
firms in order to provide special legal services to the Agency for CDBG, HOME, ESG,
Economic Development and Redevelopment related matters; and
WHEREAS, on or about August 10, 2000, the Redevelopment Committee
approved the Agency entering into a five (5) year contract with Sabo & Green and
C:: forwarded that recommendation to the Community Development Commission on
27
28
C
October 16, 2000; and
17
18
WHEREAS, on October 13, 2000, per written notification to the Agency from
19
Sabo & Green requesting that the Agency assign the Sabo & Green legal contract to the
law firm of Lewis, D'Amato, Brisbois & Bisgaard, L.L.P., the matter was referred to the
20
21
Redevelopment Committee on October 19,2000, for re-consideration and the Committee
22
authorized and recommended to the Community Development Cornmission approval of
23
the assignment and entering into a contract with Lewis, D'Amato, Brisbois & Bisgaard,
24
L.L.P.; and
25
26
WHEREAS, Timothy J. Sabo, has assured the Agency that services will not be
disrupted and that the law firm of Lewis, D'Arnato, Brisbois & Bisgaard, L.L.P., will
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 J. Sabo and other members
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Lewi. D'AllIto
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of the Sabo & Green staff, will continue to be the principle designated lawyers to provide
former special legal service to the Agency.
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:
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 wi
the City Clerk and incorporated herein by reference as though fully set forth at length.
SECTION 2. The Chairperson of the Comrnission 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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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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
Development Commission of the City of San Bernardino at a
meeting
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thereof, held on
day of
, 2000 by the following vote, to wit:
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COMMISSION MEMBERS: A YES
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this _day of
,2000.
Approved a . to form and Legal Content:
James F. man, City Attorney
Judith Valles, Chairperson
Community Development Commission
Of the City of San Bernardino
By:
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Lewis O'Amto
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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
firm 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 ~.;
(vi) Other affordable housing or economic development actiVIties of the
Commission undertaken pursuant to special Community Development Block
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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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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 counselor 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 counselor 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 Conunission, 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 ofCalifomia Business and Professions Code, the
Conunission 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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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 tenn 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 of24 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 tenninate 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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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 J. Sabo
Nothing in this section shall be construed to prevent the giving of such notice by personal
seTVlce.
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
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By:
Judith Valles, Chairperson
Community Development Commission
APPROVED AS TO FORM
AND LE AL CONTENT:
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SPECIAL LEGAL COUNSEL
B.
! 4'. ".,.. fl;-;City Attorney
Lewis, D' Amato, Brisbois & Bisgaard, L.L.P.
By:
Timothy J. Sabo
for the Law Firm
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CITY OF SAN BERNARDINO
CITY CLERK'S OFFICE
Interoffice Memorandum
DATE:
Novernber 8,2000
TO:
Lisa Gomez
FROM:
Linda Sutherland
RE:
Transrnitting Documents for Signature
Attached are the following original documents:
Resolution CDC/2000-38 including Agreement
Resolution CDC/2000-39 including Agreement
Resolution CDC/2000-40 including Agreement
Please obtain signatures where indicated.
Please return to the City Clerk's Office as soon as possible to my attention. I
will forward to you a file copy when fully executed.
If you have any questions, please do not hesitate to contact rne at ext. 3205. Thank you.
Rachel Clark
City Clerk
By: Linda Sutherland
I hereby acknowledge receipt of the above mentioned documents.
o
Date:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11- b -00
Vote: Ayes /--( Nays
Change to motion to amend original documents:
Reso. # On Attachments: ~
Item# R :27
e-- Abstain
c D% 8"
Resolution # '02-000 ~ .3
-0- I Absent G-
Contract term; 5 fta-
NullNoid After: 6 0 ~
/-.>-()!
Date of Mayor's Signature: / /-ll-ocJ
Seal Impressed: ./
Date Sent to Mayor: I ( -!-() () Date Returned from Mayor: /1- '? -Oc)
Date of Clerk's Signature: 1/-3-00 Reso. Log Updated: /
.
Date Memo Sent to Department for Signature: 1/-0'-00 See Attached: V Date Returned: //-1-00
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned:
Note on Resolution of Attachment stored separately; _
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
See Attached:
Ves / No By_
Ves No~ By_
Ves No V By_
Ves No/ By_
Ves No V By_
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:
City Attorney
Parks & Rec.
Code Compliance Dev. Services EDA ~ Finance
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANV NOT A TIONS MADE HERE ARE TRANSFERRED TO THE
VEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
ReadytoFile;~ Date: /1-1'i-otJ