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HomeMy WebLinkAboutR29-Economic Development Agency 1ft 1 1 1 , . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Director Housing and Community Development SUBJECT: AGREEMENT BETWEEN AGENCY AND SABO & GREEN FOR LEGAL SERVICES DATE: October 9, 2000 Svnonsis of Previous Commission/Council/Committee Actionfs): On August 10, 2000, the Redevelopment Committee recommended that this item be sent to the Community Development Commission for approval. Ol~.' '. .. L ~. _ ~ . i ~ Recommended Motionfs): fCommunitv Development Commission) MOTION: That the Community Development Commission refer this item to the Redevelopment Committee for action and recommendation to the Community Development Commission. Contact Person(s): Gary Van OsdellMaggie Pacheco Project Area(s) All Phone: 663-1044 Ward(s): all Supporting Data Attached: 0 Staff Report 0 Resolution( s) 0 Agreement( s )/Contract( s) 0 Map( s) 0 LetterlMemo Hourly rate per FUNDING REQUIREMENTS Amount: $ A,reement Source: CDBG, HOME & Redevelopment Funds d . Budget Anthority: 2000-2001 Budget ... ~~;; /h. jJ~ ary Osdel, Executiv irector Maggie Pacheco, Director Eco omic Development gency Housing and Community Development SIGNATURE: Commission/Council Notes: PJ1f (/!(J(;J(1 IU!O/J/,Joon ,:ti P"',-v , / GVO:MP:lag: I 0-16-00 Sabo COMMISSION MEETING AGENDA Meeting Date: 10/16/2000 Agenda Item Number: ~ ru " r \' " ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Al!reement with Sabo & Green for Leeal Services on Matters Related to Redevelopment. Economic Development. Housinl! and Federallv Funded Proiects and Prol!rams BACKGROUND The Agency has contracted with the law firm ofSabo & Green since the early 1990's to provide legal services on issues related to redevelopment, HOME, CDBG, economic development, etc, CURRENT ISSUE In 1998 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 furthermore when entering into an Agreement with the selected law firm, that the Agreement have a specific term 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 (see attached letter from HUD), Consequently, the only acceptable resolution for HUD was for the Agency to enter into a new five (5) year Agreement with a specific termination provision, Prior to selecting the law firm of Sabo & Green, staff solicited and received proposals from the law firms of Best, Best & Krieger and Lance E. Garber, The law firm 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, economic development, etc" are as follows: Senior Attorneys Senior Associates Associates Paralegals $140 per hour $130 per hour $120 per hour $ 95 per hour GVO:MP:lag:1O-16-00 Saba COMMISSION MEETING AGENDA Meeting Date: 10/16/2000 Agenda Item Number: 11~9 i~'! . . Economic Development Agency Staff Report Sabo & Green Agreement September 19,2000 Page Number -2- In addition to the hourly professional legal services rate, Special Legal Counsel shall also be reimbursed for direct costs and expenses incurred in the performance of such special legal counsel services including: 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. FISCAL IMPACT Funds for these services are budgeted in the 2000-2001 Economic Development Agency approved budget, and will budgeted yearly thereafter. RECOMMENDA nONS That the Community Development Commission refer this item to the Redevelopment Committee for action and recommendation to the Community Development Commission. ~,~~ Maggie Pacheco, Director Housing and Community Development GVO:MP:lag:1O-16-00 Sabo COMMISSION MEETING AGENDA Meeting Date: 10/16/2000 Agenda Item Number: I? ~ 'I 1'-TI1' ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Director SUBJECT: Housing and Connnunity Development DATE: September 19,2000 C'j~"-':I',.',~L AGREEMENT BETWEEN AGENCY AND SABO & GREEN FOR LEGAL SERVICES Svnonsis oCPrevious Commission/Council/Committee Action(s): On August 10, 2000, the Redevelopment Connnittee reconnnended that this item be sent to the Connnunity Development Connnission for approval. Recommended Motion(s): (Community Develonment Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE LEGAL SERVICES AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SABO & GREEN, ATTORNEYS AT LAW FOR REDEVELOPMENT, HOUSING, ECONOMIC DEVELOPMENT AND FEDERALLY FUNDED PROJECTS AND PROGRAMS. Contact Person(s): Gary Van OsdellMaggie Pacheco Project Area( s) All Phone: 663-1044 Ward(s): all Supporting Data Attached: Iil Staff Report Iil Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo Hourly rate per FUNDING REQUIREMENTS Amount: $ Agreement Source: CDBG, HOME & Redevelopment Funds SIGNATURE: Budget Authority: 2000-2001 Budget '7Yl.(P~ Maggie Pacheco, Director Housing and Connnunity Development Commission/Council Notes: GVO:MP:lag: 10-02-00 Sabo COMMISSION MEETING AGENDA Meeting Date: 10/0212000 Agenda Item Number: ~ 1'11111 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Al!reement with Sabo & Green for Lel!al Services on Matters Related to Redevelopment. Economic Development. Housinl! and Federallv Funded Proiects and Prol!rams BACKGROUND The Agency has contracted with the law firm of Sabo & Green since the early 1990's to provide legal services on issues related to redevelopment, HOME, CDBG, economic development, etc. CURRENT ISSUE In 1998 HOD audited the Agency's federal programs and particularly reviewed the Agency's Legal Contract with Sabo & Green. HOD found that the Agency's Contract with Sabo & Green did not meet the HOD procurement regulations. Specifically, they required the Agency to procure legal services through a Request for Proposals (RFP) process and furthermore when entering into an Agreement with the selected law firm, that the Agreement have a specific term provision, preferably five (5) years. Staff refuted HOD's finding in that the Agency did have a Legal Contract that met the HUD Procurement process but with no success (see attached letter from HUD). Consequently, the only acceptable resolution for HUD was for the Agency to enter into a new five (5) year Agreement with a specific termination provision. Prior to selecting the law firm of Sabo & Green, staff solicited and received proposals from the law firms of Best, Best & Krieger and Lance E. Garber. The law firm 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, economic development, etc., are as follows: Senior Attorneys Senior Associates Associates Paralegals $140 per hour $130 per hour $120 per hour $ 95 per hour GYO:MP:lag:1O-02-00 Saba COMMISSION MEETING AGENDA Meeting Date: 10/02/2000 Agenda Item Number: R3a.. I T""l\'iI'fT-' ----_._---~ Economic Development Agency Staff Report Sabo & Green Agreement September 19,2000 Page Number -2- In addition to the hourly professional legal services rate, Special Legal Counsel shall also be reimbursed for direct costs and expenses incurred in the performance of such special legal counsel services including: 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. FISCAL IMPACT Funds for these services are budgeted in the 2000-2001 Economic Development Agency approved budget, and will budgeted yearly thereafter. RECOMMENDA nONS That the Community Development Commission adopt the attached Resolution. ~.{j/~ Maggie Pacheco, Director Housing and Community Development GYO:MP:lag:lO-02-00 Sabo COMMISSION MEETING AGENDA Meeting Date: 10/02/2000 Agenda Item Number: ~ 1 2 3 4 5 6 7 1'1 11111 RESOLUTION NO: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE LEGAL SERVICES AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SABO & GREEN, ATTORNEYS AT LAW FOR REDEVELOPMENT, HOUSING, ECONOMIC DEVELOPMENT AND FEDERALLY FUNDED PROJECTS AND PROGRAMS. 8 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: is hereby authorized and directed to execute on behalf of said Agency an Agreement for Legal Services with Sabo & Green, Attorneys at Law, for redevelopment, housing, economic development and federally funded projects and programs, a copy of which is on file with the Ci Clerk and the offices of the Agency, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. Said Agreement shall have a term of not less than five (5) years, but shall include specific termination provisions. 9 10 11 12 13 14 15 16 17 18 SECTION 1. The Executive Director of the Redevelopment Agency ("Agency") SECTION 2. The authorization to execute the above referenced Agreement is 19 rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0 this resolution. 20 1111 1111 1111 1111 1111 1111 1111 1111 1111 21 22 23 24 25 26 27 28 Page 1 of 2 P: \Development Dept\L111a\Rl!Ieolutions\s+. doc 1:1 1 Iffl. 2 3 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING THE LEGAL SERVICES AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SABO & GREEN, ATTORNEYS AT LAW FOR REDEVELOPMENT, HOUSING, ECONOMIC DEVELOPMENT AND FEDERALLY FUNDED PROJECTS AND PROGRAMS. 4 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 9 Development Commission of the City of San Bernardino at a meeting 10 thereof, held on day of , 2000 by the following vote, to wit: 11 12 COMMISSION MEMBERS: AYES 13 ESTRADA LIEN 14 MCGINNIS SCHNETZ 15 SUAREZ 16 ANDERSON MCCAMMACK 17 18 NAYS ABSTAIN ABSENT 19 Secretary 20 The foregoing resolution is hereby approved this _ day of ,2000. 21 22 23 Judith Valles, Chairperson Community Development Commission Of the City of San Bernardino 24 25 26 Approved as to form and Legal Content: 27 28 By: Agency Counsel Page 2 of 2 P: \Development Dept\Lisa\RlI!solutions\Sabo.doC: :n ' .. AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES THIS AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES (the "Agreement") is dated , 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 Sabo & Green, LLP ("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 recommendation 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, ~ ~.) ("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 ~ ~.; OFFO/0001/DOC/080 9/26/00 1100 drh 1 H" (iv) HOME Program affordable housing activities of the Commission under the program described at 24 CFR Part 92 II ~.; (v) Emergency Shelter Grant activities of the Commission under the program described at 24 CFR Part 576 II ~.; (vi) Other affordable housing or economic development activities of the Commission undertaken pursuant to special Community Development Block 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 receipt of direction from the City Attorney and the Economic Development Agency staff and Redevelopment Agency staff, as applicable. Special Legal Counsel Services shall include the preparation and review of staff reports and memoranda, agreements, contracts and grant agreements with respect to economic development activities undertaken pursuant to the Community Redevelopment Law and 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. 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 Sabo & Green, LLP, possess special expertise and experience in the practice of law involving matters related to the Programs and the Special Legal Counsel Services. OFFO/0001/DOC/OBO 9/26/00 1100 drh 2 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 Paralegals $140.00 per hour $130.00 per hour $120.00 per hour $ 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 OFFO/0001/DOC/080 9/26/00 1100 drh 3 ~I 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 the Commission may thereafter, in its sole discretion, direct the law firm of Sabo & Green, 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 the Commission may thereafter, in its sole discretion, direct the law firm of Sabo & Green 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 of California Business and Professions Code, the Commission 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 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 term of OFFO/0001/DOC/oeo 9/26/00 1100 drh 4 -T~lTlT 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 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 City Attorney 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 Sabo & Green, LLP, hereby designates Timothy J. Sabo as the lawyer of 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 the Commission reserves the sole and absolute discretion to retain the services of other lawyers to provide Special Legal Counsel Services and other legal services. Special Legal Counsel shall cooperate with and assist any such lawyers in accordance with the direction of the City Attorney. Section 8. The provisions of 24 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 terminate and be of no further force or effect on the fifth (5th) 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 Untied States postal services postage prepaid and addressed as follows: OFFO/0001/DOC/080 9/26/00 1100 drh 5 ~ 11111 j Commission c/o Economic Development Agency of the City of San Bernardino 201 North ~E" Street San Bernardino, CA 92418 Attn: Executive Director Sabo & Green, LLP 23801 Calabasas Road Suite 1015 Calabasas, CA 91302 Attn: Timothy J. Sabo Nothing in this section shall be construed to prevent the giving of such notice by personal service. OFFO/0001/00c/OBO 9/26/00 1100 drh 6 III I T~- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. COMMISSJ:ON Community Development Commission of the City of San Bernardino By: APPROVED AS TO FORM AND LEGAL CONTENT: City Attorney SPECJ:AL LEGAL COUNSEL Sabo & Green, LLP By: (~ Tlmot . Sabo OFFO/0001/DOC/080 9/26/00 1100 drh 7 ~"o"o {* IIImll 1 ~4ItDE'4f-"'O U.S. Department 01 riousing and Urban Development Los Angeles Area Office. PacificlHawaii 611 West Sixth"!OOlf I V f:"" r{ y Los A1I~ ".Iifor\l,a 00017 .. - ,L""Hl, nr.Vr:-. "PI' ..JL L'.->.;I O"lErp' /'-'-:-"''''v . .\ \'JI 'DO ('lAY 11 P{7 ~ 32 HAY 4 - 2QllPry OF <' AN "E " d f;NAiiflIN. Fred Wilson City Administrator City of San Bernardino ATTN: Maggie Pacheco 201 North "E" Street, Suite 301 San Bernardino, CA 92401-1507 Dear Mr. Wilson: SUBJECT: Consolidated Plan Formula Grant Programs Fiscal Year (FY) 1999 On-site Monitoring City of San Bernardino, CA We have received the City's response, dated April 21, 2000, to Finding Number 2 of the subject monitoring and have made the following determinations. Finding Number 2 involved the City's contracting for legal services. The existing contract has no expiration date. Upon researching the appropriate regulations and consulting with HUD procurement staff, we have determined procurement actions involving HUD program funds will be governed as follows: 1) For procurement actions that involve an employer-employee relationship, as specified under 24 CFR 570.200(d) (1), then the provisions of CPD Notice 96-05, Issued October 11, 1996, Section II, paragraph "F," page 10, applies. A copy of the notice is enclosed. The maximum contract term would be three years, and standard personnel policy would be used to select individuals to fill the positions. This standard policy includes the development of the position, writing of the duties of the position, advertising the position, reviewing and rating of applications, and selection for the position; 2) For legal services provided under an independent contractor relationship, as specified under 24 CFR 570.20Q(d) (2), the procurement requirements of 24 CFR 85.35 apply. The maximum contract term in this case would be five years. - In either situation described above, basic cost principles apply. Contracts must specify a maximum amount to be charged. Rates of compensation must be spelled out in the contracts. Actual dollar rates must be used; the cost plus percentage of cost method of contracting shall not be used. Compensation is rendered only for actual hours of service provided. Compensation on a retainer basis with an established number of hours of service is not allowed. The hourly rates of compensation cannot be renegotiated at the end of each year of a multi- year contract. Any compensation increases must be spelled out up-front when the contract is executed. Cost increases can be based on an index such as a consumer price index, but again the applicable index and related costs must be specified up-front when the contract is executed. 1F f<3:L JD/~/o1J o 2 In order to clear Finding Number 2, the City is to submit evidence of a new legal services contract and the related procurement process followed that is in compliance with either CPD Notice 96-05, Section II, paragraph "F" or 24 CFR 85.35. Any questions on the subject monitoring may be directed to Joseph Lisante, Community Planning and Development Representative, at (213) 894-8000, extension 3335. Sincerely, Ck..:.~ kJ O'\l ~~ /2. William K. Barth If- Dlrector Office of Community Planning and Development Enclosure 11111 .j Ii 11111 2380 I CALABASAS ROAD SUITE 1015 CALABASAS. CAUfORNIA 91302 (818)704-0195 FAX (818) 704-4729 SABO & GREEN ATIORNEYSATLAW A PROFESSIONAL CORPORA nON 20 I NORTH "E" STREET SUITE 300 SAN BERNARDINO, CALIFORNIA 9240 I (909) 383-9373 FAX (909)383-9378 35-325 DATE PALM DRIVE SUITE 232 CATHEDRAL CITY, CALIFORNIA 92234 (760) 770.()873 FAX (760) 770-1724 INTERNET: WWW.SABOGREEN.COM DIRECT E-MAIL ADDRESS:DGONDEK@sABOGREEN.COM August 20, 1999 Ms. Maggie Pacheco Housing Director Housing and Community Development Economic Development Agency 201 North "E" Street, Suite301 San Bernardino, California 92401 Re: Proposal for CDBO Special Legal Counsel Services On behalf of the law firm ofSabo & 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 municipal law 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 of an agreement, dated October I, 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 special legal 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 ~ ~.; OFFO/0001/LTR/326 8/20/99 300 sk 3 I - ~II Ms. Maggie Pacheco August 20,1999 Page 2 HOME affordable housing activities of the Commission under the program described at 24 CFR Part 92 ~ ~.; Emergency Shelter Grant activities of the Commission under the program described at 24 CFR Part 576 ~~; Other affordable housing or economic development actiVIties 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 33334.2 ~~. The separate areas of special legal counsel services identified in the preceding paragraph are collectively described for this proposal as "CDBG special legal counsel services." The CDBG 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 Commission, the Agency, and the Economic Development Agency in CDBG-related matters, as directed. At the direction of the Commission and its authorized officers, the Firm is ready to provide CDBG special legal counsel services under either of the folIowing 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 of CDBG special legal counsel services. CDBG 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 $14().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 ~ !Jill Ms. Maggie Pacheco August 20, 1999 Page 3 (2) in accordance with the same hourly billing rate for each hour of CDBG special counsel legal 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 below: AttorneYs Primarily Responsible For Services: The Firm designates David F. Gondek as the attorney primarily responsible for the CDBG special legal counsel services, with Timothy 1. 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 tax counsel services in connection with any redevelopment or other community economic development activity. However, the CDBG special legal counsel services covered by this proposal do not include bond counselor special tax counsel services. In the event that a particular legal representation rnatter may require bond counselor special tax counsel services, the Commission may direct the Firm to provide such bond counsel or special tax counsel services in accordance with the Firm's standard schedule of fees for such special tasks. Invoices For CDBG Le~al Counsel Services: The hourly time records and charges for professional legal services and costs incurred by the lawyers of the Firm in connection with providing the CDBG 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 sk j -~ ~---~ !~II Ms. Maggie Pacheco August 20, 1999 Page 4 provisions and other terms required under 24 CFR Part 85.36 in such form as is satisfactory to the Office of the City Attorney and General Counsel to the Commission. I will be pleased to discuss any provisions of this proposal or to provide you with any supplemental information at your earliest request. Very truly yours, SABO & GREEN A Professional Corporation ~1.~ David F. Gondek DFG:sk (Enclosure) OFFO/0001/LTR/326 8/20/99 300 .k ~ 1111 BEST o_ST & KRIEGER LLP A CAl..'''"ORNI.... LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ARTHUR L. LITn.IEWOATIol" WILLIAM R. DotWOLF'E" RICHARD T. ANDERSON" ",OHN O. WANt-IN" ,JOHN E. BROWN' MICHAEL T. RIODELL" ....CH...EL GRANT" rRANCIS oJ. ,,"'U,...' ANNE T, THOMAS' 01.:01'101: ""'. RiEYES' WII..L.IA'" W. FLOYD, oJ'" GREGORY L. HAROI'\E KENDALL H. M...c;:VEY CL...RK N. "'LSDI'" O...VIO..... ERWIN' MICHAEL '"'. AHOf:LSO,.." OOUOI..AS S. Pi'iILLIPS' GREGORY 11;, WILKINSON GENE TANAKA VICTOR L. WOLF' OANIEL. E. OLIVIER HOWARD a GOLDS STEPHEN P Ol!:lTSCtl "OHN R. ROTTSCNAEf"ER MARTIN A. MUELLER ,J. M'CHAEL SUMMEROUR SCOTT C. SMITM .....CK Ill. CL...RKE. ..sA iliA''''''' fool. LEWIS' BRADLEY E. NEUf"ELD PETER M. 8ARMACI( .JEF'F'REY V. DUNN STEVEN c. OIl:BAUN ERIC L. GARNER" DENNIS M. COT" ,"_H.W.", PEARCE ROBERT W. HARGREAVES C. MICHAEL COWETT BRUCE W. BEACH ARLIENE PRATE:R MARK A. EASTt:R MICHELLE OUELLETTE KEVIN K. RANOOLPH CYNTHIA M. GERMANO MARGUERITE: S. STRANO KYLE A. SNOW ,JAMES B. GILPIN KIM A, BYRENS WILLIAM D. DAHLING. .JR. KIRK W, SMITH BERNIE L. WILLIAMSON G. HENRY WELLES .A PROFESSIONAL CORPORATION LAWYERS OlNA O. NARRIS RICHAAO T, EGGER OEAN DERLETH SONIA RUBIO CAAVALHO ,JOHN O. PINKNEY SUSAN D. WILSON DAVID ,J, HANCOCK NAY1.EY E. PETERSON ROGER K. CRAWFORD SHAWN D. HAGCRTY PIERO C. DALLARDA DWIGNT M. MONTGOMERY ,JAMES P. MORRIS KCVIN T. COLLINS CARYN L. CRAIG DAVID W. NCWMAN ,J[NNIf'ER T. BUCKMAN MARIA E. GLESS GLEN w. PRICE MARYMICHAEL MCLEOD ,JAMES R. TOUCHSTONE Sn:VEN M. ANDERSON ROBERT L. PATTERSON BAYAN K. BENARO PAULA C.P.DC SOUSA ,JAMIE L. RAYMOND LYSA M, SALTZMAN MARCO A, MARTINEZ ,JOHN f'. WALSH OANUeL 0, STEVENSON ,JEFFREY 1'". f'ERRE BRONWYN WHITTAKER PETERSEN DORINE LAWRENCE'HUGHES BRIAN P. HICKEY KARLINA E. KUNZ ALISON O. ALPERT ,JORGE A. MARTINEZ KRISHAN S. CHOPRA C, MARIO ,JARAMILLO :l7S0 UNIVERSITY AVENUE PO. BOX laze RIVI!:RSIOIE. CALIf'ORNIA, 02S02.loze TELEPHONE (OOOl eee-I 4S0 TELECOPIEAS 100t;U eee 3083 eez.4812 www.!l8KLAw.COM 01'" COUNSEL CHRISTOPHER L. CARPENTIER" MICHAE.L O. HA,"RIS. DONALD f', ZIMME". CHRISTINA, L. O~R f'RANKLIN C. AOA,MS WILLIAM WOOD MERAILL ~AYMOND !lEST CI eee.. OS7l ,JAMES H. KRIEGER II SlI 3'1 07S1 EUGENE 8IEST II 803,' 081 J OF"ICES IN RANCHO MIRAGE 17eOl 5e8.2el I ONTARIO ISlOOl 080,8584 SAN DIEGO (el OJ SZlS'l 300 August 31,1999 VIA FACSIMILE AND U.S. MAIL (909) 888-9413 Maggie Pacheco Director of Housing San Bernardino Economic Development Agency 201 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 ofS150.00 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 RVPUBIKKR\S2BS40 3 I 'I'f! . . LAW OFFICES OF BEST BEST is. KRIEGE LLP Maggie Pacheco August 31, 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, KKR:cep RVPUB\KKR\528S40 3 ]"n II . Telephone: (3/0) 55/-6949 LANCE E. GARBER Aflorney at lAw 2049 Century Park East, Suite 900 Los Angeles, California 90067-3/// Email: Igarber@SoCA.com Facsimile: (3/0) 556-5687 August 16, 1999 IN REPl.Y PLEA.'iE REFER TO: Ms. Maggie Pacheco, Director of Housing and Community Development Economic Development Agency City of San Bernardino 201 North "E" Street, Suite 30 I San Bernardino, Califomia 92401-1507 Re: Legal Services Dear Ms. Pacheco: Pursllant to YOllr 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. If yo II have any questions, please do not hesitate to call. Sincerely, ~G~~~ LEG:ro .3