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HomeMy WebLinkAboutRS3- Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION FROM: TIMOTHY C.STEINHAUS SUBJECT: GENERAL COUNSEL SERVICES Agency Adntittistrator DATE: April 14, 1994 Synopsis of Previous Commission/Council/Committee Action(s): On March 21, 1994, the Community Development Commission took action tertninating the services of the City Attorney as Economic Development Agency general counsel. ------------------------------------------------------------------------------------------------------------------------------------------ Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission approve the retention of the City Attorney as Economic Development Agency general counsel until a new Agency general counsel is selected by the Commissio . is T C.STEINHAUS Agency Administrator ---------------------------------------------------__-------------------'---------'--------------'--------..........-..----------------- Contact Person(s): Timothy C. Steinhaus Phone: 5081 Project Area(s): N/A Ward(s): N/A Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount: $ Source: Budget Authority: ------------------------------------------------------------------------------------------------------------------------------------------ Commission/Council Notes: ----------------------------------------------------------------------------------------------------------------- TCS:Iag:04-02-04.cdc COMMISSION MEETING AGENDA MEETING DATE: 04118/1994 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ------------------------------------------------------------------------------------------------------------------ General Coups el Services On March 21, 1994, the Community Development Commission took action terminating the services of the City Attorney's office as Agency Counsel and instructed staff, per the existing legal services agreement, to provide the Attorney's office with a thirty-day written notification of the Agency's intent to terminate the agreement. Since that time, staff has prepared and issued a Request for Qualifications (RFQ)for general counsel services (Attachment "A")which establishes April 20, 1994 as the deadline for responding to the RFQ. The RFQ document was sent to law firms with significant redevelopment and economic development experience. The list of some forty (40) firms(Attachment "B") is a combination of law firms specializing in development activities and are members of the California Redevelopment Association and the California League of Cities. Because the selection process will not be completed by April 21, 1994, the end of the thirty-day notification period, it is necessary to retain the services of the City Attorney for general counsel services until a replacement law firm is actually selected by the Commission. The reasons for the continuation of legal services during this transition period are as follows: • Work continues apace on major projects, such as the Superblock, and the City Attorney's office, specifically Attorneys Rhemrev and Barlow have played, and continue to play, an integral role in bringing this project to fruition. • There are numerous cases and projects requiring the services of the City Attorney and where staff attorneys have been assigned to work with Agency staff on issues that are being litigated (Roger's Bindery, Commission-approved foreclosures, and cases where the Agency is named in a law suit against the City--like the downtown motels). The services of the City Attorney will be required to either complete work already started or to transfer the case, project or activity to the newly-designated general counsel. • The City Attorney's office is preparing a list of all cases, projects, programs and activities which will be submitted to staff early in the week of April 18, 1994. This list will identify the project, its status, the attorney assigned and whether it would be more efficient, and less expensive, to retain the project until it is properly concluded or to transfer same to the newly-designated general counsel. ----------------------------------------------------------------------------------------------------------------- TCS:lag:04-02-04.cdc COMMISSION MEETING AGENDA MEETING DATE: 04/18/1994 Agenda Item Number: �5-7j 1 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT General Counsel Services April 14, 1994 Page Number-2- Based upon the above, it is appropriate for the Community Development Commission to favorably consider the form motion submitted by staff. Adoption of the form motion will allow for and facilitate a effective, efficient and timely transition of general counsel services from the City Attorney to the general counsel to be selected by the Commission in the near future. TIMOTI NIIAUS,Administrator Economic Development Agency © -------------------------------------------------------------------------------------------------""""""---- TCS:lag:04-02-04.cdc COMMISSION MEETING AGENDA MEETING DATE: 04/18/1994 Agenda Item Number: Vz:7—3 April 7, 1994 TO: GENERAL COUNSEL SUBJECT: REQUEST FOR QUALIFICATIONS FOR GENERAL COUNSEL SERVICES FOR THE ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO The Economic Development Agency of the City of San Bernardino is requesting qualifications for General Counsel to provide standard redevelopment general counsel services. In addition to other services, the General Counsel will be required to attend City Council, Community Development Commission, Redevelopment Committee, Housing Committee, Agency staff, Planning Commission, and consultant meetings, as needed. If your firm is interested, please respond to the attached Request for Qualifications by 4:30 p.m. on April 20, 1994. If you have any questions regarding this RFQ, please contact Mr. Timothy C. Steinhaus, Administrator, Economic Development Agency at (909) 384-5081. Very truly yours, TIMOTHY C. STEINHAUS, Administrator Economic Development Agency O iZ5-3 ATTACHMENT "A" ECONOMIC DEVELOPMENT AGENCY of the City of San Bernardino REQUEST FOR QUALIFICATIONS FOR GENERAL COUNSEL PROGRAM The Economic Development Agency of the City of San Bernardino is requesting qualifications for General Counsel. General Counsel will advise the Agency in connection with potential redevelopment projects, legal procedure, personnel issues, draft necessary resolutions and ordinances and attend City Council, Community Development Commission, Committee, Agency staff, Planning Commission, Redevelopment Committee, Housing Committee and Consultant meetings, as needed. The General Counsel will provide general legal guidance where necessary pertaining to all legal matters not provided by the Special Counsel to the Economic Development Agency. BACKGROUND The City of San Bernardino has previously adopted thirteen Redevelopment Areas and has very active redevelopment, housing, economic development, visitor and tourism, business retention and community revitalization programs administered by its Economic Development Agency. The Economic Development Agency is governed by the Community Development Commission made up of the Mayor and Common Council of the City. The law firm of Sabo and Green provides Special Counsel services to the Economic Development Agency. ECONOMIC DEVELOPMENT AGENCY GENERAL,COUNSEL SERVICES The Economic Development Agency of the City of San Bernardino (the "EDA") is seeking proposals from qualified law firms with extensive experience in redevelopment law to serve as General Counsel to the EDA. The EDA seeks a law firm that can commit one individual to serve as General Counsel and to be available in an office of such firm located or to be located within the City of San Bernardino Downtown area. The services to be provided by General Counsel to the EDA shall be limited to the following: 1. Attendance at all public meetings when official action will be taken on EDA items by either the Mayor and Common Council or the Community Development Commission of the City of San Bernardino; 2. Attendance at all redevelopment committee meetings and housing committee meetings for those EDA agenda items which must be considered by the respective committee prior to consideration by the full Board of the EDA; 3. Preparation and review, as necessary, of all agenda items of the EDA in connection with subparagraphs 1 and 2 above; ATTACHMENT "A" © O 4. Advising the EDA and staff with regard to public meeting law and issues pursuant to the Political Reform Act; 5_ Advising the EDA and staff with regard to personnel and organization issues regarding the structure of the EDA. 6. Advising the EDA and staff regarding federal community redevelopment, housing, economic development and homeless programs. 7. Advise EDA and staff or litigate incidents and cases regarding, but not limited to, personnel, Brown Act, acts of negligence and as assigned "slip and fall" situations as they affect the EDA. General Counsel shall not be responsible for any of the following services which will continue to be provided by Special Counsel to the EDA: Litigation; property acquisition, negotiations with property owners, including eminent domain actions; negotiation for owner participation agreements and disposition and development agreements; any financing of the EDA whether through the issuance of municipal securities, the incurring of indebtedness or otherwise; preparation of housing assistance programs, economic development programs and other redevelopment assistance activities. Five copies of your proposal must be submitted to the undersigned not later than April 20, 1994, 4:30 p.m., to be considered for the position of EDA General Counsel. Your proposal may provide for either a monthly retainer with an established number of hours for services to be performed by the assigned individual or for an hourly rate for General Counsel services or any combination of retainer and hourly professional services. REQUIRED INFORMATION 1. Describe your firm's experience over the past ten years in serving as either general counsel on matters involving each of the sub-areas below. (The Agency is mainly interested in your firm's experience with California redevelopment agencies and local governments.) For matters on which you acted as general counsel, provide the name of the City/Economic Redevelo mp ent Agency and summarize for each the specific nature of the services provided. 2. Designate the individual(s)who will be working on day-to-day activities with Agency staff. Provide a brief resume highlighting their experience in serving as general counsel to Economic/Redevelopment Agencies. Indicate where the individual's main office is located (or to be located) and how accessible this person will be. 3. Describe your firm's general fee schedule for general counsel services with regard to the services outlined in Question 1. Also, provide estimates of out-of-pocket costs and other expenses generally billed exclusive of the said fee schedule. Provide examples of actual fees charged for such services as described above. Please submit a representative General Counsel Services contract. ATTACHMENT "A" 15-3 0 0 4. Describe your firm's fee schedule for General Counsel services in areas other than those listed in Question 1. How is travel time billed? 5. What is your firm's capacity to devote 80-100 attorney hours per month, if necessary, with little advance notice? 6. Provide the Agency evidence of Professional Liability Insurance. 7. Provide any other information or discussion that you believe is relevant to General Counsel. PROPOSAL REOUMEMENTS 1. Complete written proposals must be submitted to: TIMOTHY C. STEINHAUS, Administrator Economic Development Agency of the City of San Bernardino 201 North "E" Street, Third Floor San Bernardino, California 92401-1507 and received no later than 4:30 p.m. (P.D.T.) on April 20, 1994. PROPOSALS WILL NOT BE ACCEPTED AFTER THIS DEADLINE UNDER ANY CIRCUMSTANCES. 2. CONDITIONS FOR PROPOSAL ACCEPTANCE-This request for qualifications does not commit the Agency to award a contract or to pay any costs incurred for any services. The Agency, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or in its entirety this request for qualifications. All proposals will become the property of the Economic Development Agency of the City of San Bernardino. If any proprietary information is contained in the proposal, it should be clearly identified. 3. COPIES -Firms desiring to respond should submit five(5) copies of their proposal in sufficient detail to allow for thorough evaluation and comparative analysis. 4. CONCISENESS -The proposal shall be concise and to the point. Costly bindings, color plates, glossy brochures, and related items are neither necessary nor recommended. Examples of previous work may be submitted, but will not necessarily influence the evaluation process. A letter format not exceeding twoly(20) pages is requested. 5. ORAL INTERVIEWS - After written proposals have been reviewed initially, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be question/answer format for the purpose of clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. ATTACHMENT "A" f7 Z 6. SIGNATURES - The proposal shall be signed by an official authorized to bind the proposer. The proposal shall also provide the following information: (1) name; (2)title; (3) address; and (4)telephone number, of each individual with authority to negotiate and contractually bind the company and who may be contacted during the proposal evaluation period. MINORITY EMPLOYMENT The Agency is concerned about minority representation in firms with which it does business. Please include as part of your proposal the numbers of racial minorities and women in both the partner and associate level. CONFLICT OF INTEREST The Agency follows a conflict of interest policy with respect to law firms which have contracts with the Agency. As a condition of this RFQ, respondents must offer to disclose all present and contemplated employment which is or may be adverse to the Agency or the City of San Bernardino. Please provide a conflict of interest statement by responding to the following: I. List any litigation matters pending against the Agency or City of San Bernardino in which your firm is involved. 2. List any non-litigation matters in which you represent a client in negotiation with the Agency or City of San Bernardino. Any law firm awarded the contract must agree not to represent clients in matters(either litigation or non-litigation) against either the Agency or the City. Please indicate in your proposal that your firm intends to comply with this policy. SELECTION PROCESS AND SCHEDULE The preliminary screening and ranking of proposals will be made by the Economic Development Agency with any staff assistance felt necessary. Each proposal will be evaluated based on the relevant experience and accessibility of the firm and personnel to be assigned to the Agency, and the proposed fee structure. The highest ranking firms will be forwarded to the Community Development Commission of the City of San Bernardino for final selection. f k�rgm ATTACHMENT "A" 0 0 REQ MAILING LIST David F. Beatty, Attorney Stephen Deitch, Partner McDonough, Holand&Allen Best, Best&Krieger 555 Capitol Mall, #950 400 Mission Square Sacramento, CA 95814 Riverside CA 92502 Elizabeth C. Green, Lawyer Dianne Milliner, Partner Stradling, Yocca, Carlson&Rauth Steefel,Levitt&Weiss 666 Newport Center Drive, #1600 On Embarcadero Center, 29th Floor Newport Beach, CA 92660 San Francisco, CA 94111 Paul Pensig, Counsel Goldfarb &Lipman Mudge, Rose, Guthrie, Alexander&Ferdon One Montgomery St, 23rd Floor 333 South Grand Avenue, Suite 2020 San Francisco, CA 94104 Los Angeles, CA 90071 Tompkins&Parrington Ware&Freidenrich 320 North Garfield Avenue 400 Hamilton Avenue Alhambra, CA 91802-0589 Palo Alto, CA 94301-1825 Thorpe and Thorpe Brown, Winfield& Canzoneri, Inc. 601 West 5th Street, 8th Floor 300 South Grand Avenue, Suite 1500 Los Angeles, CA 90071-2094 Los Angeles, CA 90071-3125 Higgs, Fletcher&Mack Kane, Ballmer&Berkman 401 West "A' St, Suite 2000 354 South Spring Street, Ste 420 San Diego, CA 92101 Los Angeles, CA 90013 Burke, Williams& Sorensen Kronick, Moskovitz, Tiedemann& Girard 611 West 6th St, Suite 2500 770 "L" Street, Suite 1200 Los Angeles, CA 90017 Sacramento, CA 95814 Franchetti&Franchetti McCutchen, Doyle,Brown&Enersen PO Box 471466 1331 North California Blvd San Francisco, CA 94147 Walnut Creek, CA 94596 Meyers, Nave, Riback&West Nordman, Cormany, Hair& Compton Gateway Plaza/777 Davis St., Ste 300 1000 Town Center Drive, 6th Floor San Leandro, CA 94577 Oxnard, CA 93031-9100 McDonough, Holland&Allen Pircher,Nichols&Meeks 555 Capitol Mall, Suite 950 1999 Avenue of the Stars, Ste 2600 Sacramento, CA 95814 Los Angeles, CA 90067 ATTACHMENT "B" 2s -3 RFO MAILING LIST Rutan & Tucker Bob Holcomb 611 Anton Blvd, Suite 1400 3702 Hemlock Drive Costa Mesa, CA 92626 San Bernardino, CA 92404 Brunick, Alvarez&Battersby Wilson,Borror,Dunn, Scott&Davis PO Box 6425 255 North"D" Street San Bernardino, CA 92412 San Bernardino, CA 92401 Brian Simpson Barton,Petrini& Conron 234 North Arrowhead Avenue 290 North 'D" Street San Bernardino, CA 92408 San Bernardino, CA 92401 Bruggeman, Smith&Peckman William Flory 524 North Mountain View 1411 North "D" Street San Bernardino, CA 92401 San Bernardino, CA 92402 Fullerton, Lemann, Schaefer&Dominick Furness,Middlebrook, Kaiser& Higgins 215 North 'D" Street 1411 North 'D" Street San Bernardino, CA 92401 San Bernardino, CA 92401 Gresham, Varner, Savage,Nolan& Tilden Kassel&Kassel 600 North Arrowhead Avenue, Suite 300 334 West 3rd Street, Suite 207 San Bernardino, CA 92401 San Bernardino, CA 92401 Robert Krasney Cynthia Ludvigsen 362 West 6th Street PO Box 409 San Bernardino, CA 92401-1129 San Bernardino, CA 92402 McLaughlan, Burford&Arias Milligan&Beswick 560 East Hospitality Lane 323 West Court Street San Bernardino, CA 92408 San Bernardino, CA 92401 Edna St. Clair Ronald G. Skipper 344 West 2nd Street 323 West Court Street San Bernardino, Ca 92401 San Bernardino, CA 92401 Stanfield&Warner Mirau, Edwards, Cannon&Harter 412 West Hospitality Lane 599 North "E" Street, Suite 205 San Bernardino, CA 92408 San Bernardino, CA 92401 ATTACHMENT "B" 26-3