HomeMy WebLinkAboutR39-Economic Development
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORJG1NAl
FROM: Maggie Pacheco
Deputy Director
SUBJECT: Amendment No.1 to November 6, 2000,
Lewis, Brisbois, Bisgaard & Smith, L.L.P.,
Special Counsel Legal Contract
DATE:
October 4, 2005
Svnopsis of Previous Commission/Council/Committee Action(s):
On October 4, 2005, Redevelopment Committee Members Estrada and McGinnis unanimously voted to recommend that
the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Executive Director to execute Amendment No. I to the 2000 Agreement with Lewis, Brisbois,
Bisgaard & Smith, L.L.P., as Agency Special Counsel, extending the 2000 Agreement for 6 months, or through
April 30, 2006, on the same terms and conditions of the 2000 Agreement
Contact Person(s):
Gary Van Osdel/Maggie Pacheco
Phone:
(909) 663-1044
All
Project Area( s)
All
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $ 500,000 (Budget) Source:
41: LB"dg"A"ili ,ity
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I
Tax Increment Funds
SIGNATURE:
P:\Agendas\Comm Dev Commission\CDC 2005\05.10-17 LBBS Legal Services SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 10/17/2005
Agenda Item Number: f' 31
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
---------.--------------------------------_.----------------------------------------------------------------.------------------------------------------------------------------------------.----------------_.
AMENDMENT NO.1 TO NOVEMBER 6, 2000, LEWIS, BRISBOIS, BISGAARD & SMITH,
L.L.P., SPECIAL COUNSEL LEGAL CONTRACT
BACKGROUND:
On December 7, 1981, the Law Office of Timothy J. Sabo was approved as Bond Counsel and
Special Counsel for the Redevelopment Agency ("Agency"). Throughout much of the 1980's, Mr.
Sabo continued to provide Bond and Special Counsel legal services for the Agency. On October 1,
1990, the Agency entered into an agreement with the law firm of Sabo & Green to provide legal
services at hourly rates ranging from $100 to $140 per hour, plus reimbursable expenses, as
necessary.
In July 1998, the Commission and Council approved an agreement with the City whereby the City
Attorney would serve as Agency Counsel to the Agency and perform all necessary legal services,
including making the determination of when the services of outside counsel are required and to
arrange for the retention of outside counsel. The services of the City Attorney's Office are to be
provided to the Agency until either party terminates the agreement.
In 1999, HUD performed a routine audit of the Agency's federal programs (CDBG, ESG, and
HOME), which included a review of the Agency's on-going legal services agreement with Sabo &
Green. HUD found that the Agency's agreement with Sabo & Green did not meet HUD procurement
regulations, primarily because the agreement did not contain a specific term. Based on HUD's
finding, proposals were solicited from Sabo & Green, Best, Best & Krieger, and Lance E. Garber.
On August 10, 2000, the Redevelopment Committee recommended to the Commission that the law
firm of Sabo & Green be approved for special counsel legal services. The contract provided that
hourly rates range from $95 to $140 per hour, plus direct reimbursable expenses. Prior to final
Commission approval of the proposed agreement with Sabo & Green, Mr. Sabo requested an
assignment of the agreement with Sabo & Green to the law firm he had recently joined, Lewis,
D'Arnato, Brisbois & Bisgaard, L.L.P. On November 6, 2000, the Commission approved an
agreement for special legal counsel services with the law firm (later changed to Lewis, Brisbois,
Bisgaard & Smith, L.L.P.) ("Law Firm").
CURRENT ISSUE:
The agreement with the Law Firm terminates on November 6, 2005, and based on consultation with
the City Attorney's representative, it is recommended that the Law Firm contract be extended for a
period of six (6) months, or at least until April 30, 2006. Reasons for the extension include, but are
not limited to, maintaining productivity and continuity due to the number of on-going complex
projects, assignments, and several litigation matters that the Law Firm is presently handling for the
Agency. It should be further noted that Mr. Sabo, having a wealth of knowledge and historical
background on Agency transactions, continues to be the assigned lawyer, along with Mr. David F.
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P:\Agendas\Comm Dev Commission\CDC 2005\05-10-17 LBBS Legal Services SR. doc
COMMISSION MEETING AGENDA
Meeting Date: 10/17/2005
Agenda Item Number:
Economic Development Agency Staff Report
LBBS Legal Services Contract
Page 2
Gondek and Alexis Crump for the Law Firm, and continues to provide daily invaluable legal services
to the Agency and to occupy space daily in the Agency offices. To change law firms at this time
would be counter productive and disruptive to the Agency's day-to-day business. Consequently,
pending the outcome of the new administration in March 2006, the formal procurement process will
occur and the results will be subsequently presented to the Community Development Commission.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The Commission has approved the sum of $500,000 for Agency Legal Services for the budget year
2005/2006. These funds come primarily from tax increment from all project areas, including the
Low/Mod Housing Fund. Because the Agency's CDBG administration budget dramatically
decreased for the 2005/2006 fiscal year, no federal funds were allocated to pay for legal services.
The hourly rate for the Law Firm will remain unchanged, as per the 2000 Agreement. While legal
costs may fluctuate yearly, the annual budgeted amount has been relatively constant throughout the
term of the Agreement.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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P:\Agendas\Comm Dev Commission\CDC 2005\05- ]0-17 LBBS Legal Services SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 10/17/2005
Agenda Item Number:
RESOLUTION NO.
t(Q)/PY
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
AMENDMENT NO. 1 TO THE 2000 AGREEMENT WITH LEWIS,
BRISBOIS, BISGAARD & SMITH, L.L.P., AS AGENCY SPECIAL
COUNSEL, EXTENDING THE 2000 AGREEMENT FOR 6 MONTHS, OR
THROUGH APRIL 30, 2006, ON THE SAME TERMS AND CONDITIONS
OF THE 2000 AGREEMENT
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WHEREAS, in August 1999, Staff solicited proposals from three (3) law firms in order
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to provide legal services to the Agency for CDBG, HOME, ESG, economic development and
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redevelopment related matters; and
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WHEREAS, on October 19, 2000, the Redevelopment Committee recommended to the
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Community Development Commission ("Commission") approval of a five (5) year contract
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with Lewis, D' Amato, Brisbois and Bisgaard, L.L.P. ("2000 Agreement") and forwarded that
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recommendation to the Commission for approval; and
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WHEREAS, on November 6, 2000, the Commission approved and authorized execution
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of the 2000 Agreement; and
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WHEREAS, said 2000 Agreement expires on November 6, 2005 and the parties desire
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to extend the 2000 Agreement for a further six (6) months from date of expiration, or until April
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30, 2006, for the reasons noted in the corresponding agenda Staff Report.
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NOW, THEREFORE, THE COMMUNlTY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
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Section 1.
The Commission hereby approves Amendment No. I to the 2000
25 Agreement and hereby authorizes and directs the Executive Director of the Agency to execute
said Amendment No. I by and between the Redevelopment Agency of the City of San
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Bernardino and Lewis, Brisbois, Bisgaard and Smith, L.L.P., as Agency Special Counsel. A
copy of said Amendment No. 1 to the 2000 Agreement is on file with the Agency Secretary.
Section 2. The Resolution shall become effective immediately upon its adoption.
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P:\Al:endas\Ruolutions\RelOlutlons\2005\05-10-17 LaBS SpewJ CounHI Relo.doc
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
AMENDMENT NO. 1 TO THE 2000 AGREEMENT WITH LEWIS,
BRISBOIS, BISGAARD & SMITH, L.L.P., AS AGENCY SPECIAL
COUNSEL, EXTENDING THE 2000 AGREEMENT FOR 6 MONTHS, OR
THROUGH APRIL 30, 2006, ON THE SAME TERMS AND CONDITIONS
OF THE 2000 AGREEMENT
2
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7
Community Development Commission of the City of San Bernardino at a
, 2005, by the following vote to wit:
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The foregoing resolution is hereby approved this
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Approved as to form and Legal Content:
By AI:Z~"~
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f:\AEtndas\RuolulioAs\Resolutioos\2005\05-10-17 LBBS Special CouOHI Ruo.doc:
Abstain
Absent
Secretary
day of
,2005.
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
-3-
Amendment No.1
to the
2000 Agreement
(Lewis, Brisbois, Bisgaard & Smith, L.L.P.)
This Amendment No. 1 (this "Amendment No. I") to that certain 2000 Agreement for
special legal counsel services, dated November 6, 2000 (the "Agreement"), is dated as of October
17,2005, 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. ("Special
Counsel"), and is entered into in light of the facts as set forth in the following Recitals:
RECIT ALS
Whereas, the Agency and Le\vis D' Amato, Brisbois & Bisgaard, L.L.P., have previously
entered into the Agreement as referenced above for a term of five (5) years from November 6, 2000
through November 6, 2005; and
Whereas, Lewis D' Amato, Brisbois & Bisgaard, L.L.P., is now known as Lewis, Brisbois,
Bisgaard & Smith, L.L.P.; and
Whereas, the Agreement will expire on November 6, 2005, and the parties to the Agreement
desire to extend the term of the Agreement for a period of six (6) months which shall be deemed to
be April 30, 2006, for the reasons noted in the complimentary Staff Report to this Amendment No.
I; 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. I.
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 of the date hereof.
Section 2.
Further Extension of Term of Agreement.
The parties intend by the approval and execution of this Amendment No. 1 to extend
the term of the Agreement until April 30, 2006, on the same terms and conditions of
the Agreement.
Section 3.
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.
P \Agendas\Agenda Anachments\Agllnts-Amend 2005,05-10-17 LBBS Special Counsel Amendment No I doc
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the date
first above written.
Date:
Approved as to Legal Form
and Content:
Date:
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Gary Van Osdel, Executive Director
SPECIAL LEGAL COUNSEL
By:
Lewis, Brisbois, Bisgaard & Smith, L.L.P.
P ',^genda5\Agenda Atlochmems\Agrmls-Amend 2005\u5- ]0-17 LOBS Special Counsel Amendment No I doc
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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:
By:
Gary Van Osdel, Executive Director
Approved as to Legal Form
and Content:
SPECIAL LEGAL COUNSEL
Date:
By:
Lewis, Brisbois, Bisgaard & Smith, L.L.P.
2
P\Agendas\Agenda Anachmenu\Agmts-Amend 2005\05.10-17 LOBS Special Counsel Amendment No I doc
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the date
first above written.
Date:
Approved as to Legal Form
and Content:
Ag12~;I~
Date:
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Gary Van Osdel, Executive Director
SPECIAL LEGAL COUNSEL
By:
Lewis, Brisbois, Bisgaard & Smith, L.L.P.
P ',A.gendasAgeoda AnachmeoU'Agrrrts-Amend 2005\05-10-17 LOBS Special Counsel Amendmenl No 1 due
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D." (D"o A~Od)' I 0 1\1 t b s'
Vote: Ayes Nays
Change to motion to amend original documents D
Item#l2L~
crt I "Ii1DS-, 2/
Resolution # .' cJ )c
Absent
Abstain
Companion Resolutions
NulINoid After: days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
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Date Sent to Mayor: 1 Cr lIS, \,:,S
, ~
Date of Mayor's Signature: l Dr n, ('(') _
. /
Date of ClerklCDC Signature: I C 1'1 (If ~)J
Reso. Log Updated: .ej/
Seal Impressed: A
Reso. # on Staff Report 0"
Date Memo/Letter Sent for Signature:
1st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Update.d 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):
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Yes No. By_
Yes No/ By_
Yes Noh By_
Yes No '/ By_
Yes No ~ By_
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Copies Distributed to: ,
!
Animal Control D EDA g Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney D Finance D Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
SUBJECT:
Eileen Gomez, Senior Secretary, City Clerk's Office
W"ana A. Chantha, se,"C1a'Y~
Executed Amendment
TO:
FROM:
DATE:
October 21, 2005
Enclosed is the fully executed Amendment pertaining to the following resolution that was
approved by the Community Development Commission on October 17, 2005:
CDC/2005-36
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director to execute
Amendment No. 1 to the 2000 Agreement with Lewis, Brisbois, Bisgaard
& Smith, L.L.P., as Agency Special Counsel, extending the 2000
Agreement for 6 months, or through April 30, 2006, on the same terms and
conditions of the 2000 Agreement
Should you have any questions, I can be reached at (909) 663-1044.
Thank you.
Enclosure
cc: Barbara Lindseth (with Original Executed Amendment)
Timothy J. Sabo (with Original Executed Amendment)
Maggie Pacheco (with Copy of Amendment)