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7CITY OF SOUTH MIAMI OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM To: The Honorable Mayor, Vice Mayor and Members of the City Commission Cc: Maria Menendez, City Clerk From: Thomas F. Pepe, City Attorney ITEM No. ----I7~---Date: March 27,2013 SUBJECT: A Resolution authorizing the City Manager to pay the invoice of Orlando Cabrera in the amount of$29,982.50 for his services as outside counsel in the case of Metro South Senior Apts. v. City of South Miami. SUMMARY OF FACTS SUPPORTING THE REQUEST: The City Attorney took a straw poll of the City Commission as to the advisability of hiring outside counsel to assist the City in the defense of the federal claims of Metro South Senior Apartments Ltd. In October, the City Attorney retained Orlando Cabrera to assist the city based on the resume of Mr. Cabrera, a copy of which is attached. Mr. Cabrera is an expert in the area of affordable housing and federal/state tax credits used to develop affordable housing. A copy of his resume is attached. Mr. Cabrera has submitted his hours for the month of October and November. A copy of which is attached. The City Attorney negotiated a substantial reduction in the amount of the invoice from $42,909.40 to $29,982.50. Attached are 1. Orlando Cabrera Resume 2. Mr. Cabrera's invoice; and 3. The proposed Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. _____ _ A Resolution authorizing the City Manager to pay invoices of Orlando Cabrera in the amount of $29,982.50 for his services as outside counsel in the case of Metro South Senior Apts. v. City of South Miami WHEREAS, the City authorized the hiring of Orlando Cabrera as outside counsel to provide legal advice concerning the Metro South Senior Apts. v. City of South Miami case; WHEREAS, Orlando Cabrera provided the legal services as set forth in the attached spreadsheet. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to pay Orlando Cabrera, a sum not to exceed $29,982.50 for his services in the case of Metro South Senior Apts. v. the City of South Miami to be charged to account 001-1500-514-3410 with a current balance of$168,166.36. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of ,2013. ATTEST: APPROVED: CITY CLERK MA YOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: C:\Users\mmenende\AppData\Local\Microsoft\ Windows\ Temporary Internet Files\ Content.Outlook\ TZ48RTT2\Resolution to pay Orlando Cabrera -Metro South.docx Squire Sanders I Professionals I Orlando J. Cabrera I Real Estate EXPERIENCE & CLIENTS SERVICES PROFESSIONALS LOCATIONS NEWS. EVENTS & PUBLICATIONS SQUIRE" SANDERS News I Publications Orlando J. Cabrera Of Counsel orlando,cabrera@squiresanders,com Orlando Cabrera advises clients including financial institutions, investors, syndicators, developers, public housing authorities, housing finance agencies, community development agencies, cities and counties on successfully navigating complex affordable housing matters. Orlando has significant experience with United States Department of Housing and Urban Development (HUO) regulatory matters (including Native American housing issues), housing finance agency issues, low·income housing tax credits, private activity bonds, debt financing, non-federal state financing programs, tribal financing programs and general real estate. Orlando's prior experience includes serving as the president and chief executive officer of a major affordable housing developer that operated in six states. He raised more than US$50 million for capital improvements for the company and US$1 00 million in general equity investment for new and rehab construction, restructuring of the company's finances, and successfully developing or rehabbing more than 2,500 units during his four-year tenure as CEO. After his Senate confirmation in late 2005 through early 2008, he served as Assistant Secretary for Public and Indian Housing at HUD. As Assistant Secretary, Orlando oversaw the administration of a US$24 billion program, which included public housing, Section 8 vouchers, moderate rehabilitation (Mod Rehab) and most federal housing programs for Native American tribes nationwide. He is one of three recipients of the Office of Inspector General's Golden Eagle Award for Public Integrity. Prior to his role at HUD, Orlando served as Executive Director and Chief Executive Officer of the Florida Housing Finance Corporation, the nation's fourth largest housing finance agency, where he developed policies for managing the allocation of the low-income housing tax credit, private activity bonds, HOME Investment Partnership Fund, State Housing Trust Fund and local Government Housing Trust Fund. During his tenure at Florida HOUSing, he also served on the Board of the National Council of State Housing Agencies. Orlando also has extensive experience in the area of disaster recovery, having worked closely through more than a dozen natural disasters with the Federal Emergency Management Agency and various state disaster recovery agencies during his time at HUD and Florida Housing. Prior to heading Florida Housing, Orlando was the chair and vice chair of Florida Housing's Board of Directors and a partner in the real estate department of a major Florida-based law firm. He has acted as developer's, investor's or lender's counsel for hundreds of real estate transactions throughout his career. Orlando has extensive experience in most areas of real estate law including airport, office, commercial, and single and multifamily residential development. He has been a frequent speaker and presenter before various committees in the US Congress, the Florida legislature, many state and local governments, and many affordable housing and real estate industry trade groups. He has served, and still serves, on the board of directors for a variety of industry- related groups. Orlando has frequently appeared before the US House and Senate. In July 2009, Orlando testified before the US House of Representatives' Subcommittee on Housing and Community Opportunity on the topic of ~The Future of Public Housing." Orlando has also appeared before the Florida, louisiana and Texas legislatures on issues regarding affordable housing and disaster recovery. Orlando is a member of the American Bar Association, the District of Columbia Bar Association, The Florida Bar, the Illinois State Bar Association and the State Bar of Wisconsin. http://www.squiresanders.com/orlando _ cabrera/ Download vCard Washington DC T +1 2026266211 Tampa T +18132021300 Services Real Estate Community Development & Affordable Housing Public Advocacy Education University of Wisconsin - Madison, J.D., 1989 University of Michigan, B.A., 1984 Admissions District of Columbia, 2010 Florida, 1991 Illinois, 1989 Wisconsin, 1989 Languages English Spanish Page 1 FIRM OVERVIEW CAREERS 3/2712013 SQUIRE SANDERS (US) LLP BEIJING' BEIRUT'· BERLIN' BIRMINGHAM'· BRATISLAVA' BRUSSELS'· BUDAPEST· CINCINNATI' CLEVELAND· COLUMBUS' FRANKFURT' HONG KONG· HOUSTON' KYIV LEEDS'· LONDON *. Los ANGELES· MADRID'· MANCHESTER' . MIAMI' Moscow· NEW YORK· NORTHERN VIRGINIA· PALO ALTO· PARIS·' PERTH" . PHOENIX' PRAGUE . RIYADH'· RIO DE JANEIRO . SAN FRANCISCO· SANTO DOMINGO· SHANGHAI· SINGAPORE· TAMPA' TOKYO' WARSAW· WASHINGTON DC· WEST PALM BEACH INDEPENDENT NETWORK FIRMS: BOGOTA· BUCHAREST· BUENOS AIRES' CARACAS· LA PAZ· LIMA' PANAMA· SANTIAGO City of South Miami, Florida Alfredo Riverol, CPA Cr.FA Finance Director South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 Metro South Senior Apts. Fees: Disbursements: Amount Due for this Invoice: Remit Check Payments to: Squire Sanders (US) LLP P.O. Box 64305 I Cincinnati, OH 45264 Phone: 216.687.3400 Fax: 216.687.340 I INVOICE SUMMARY PA YMENT INSTRUCTIONS Remit Wire Payments to: Squire Sanders (US) LLP US Bank 425 Walnut S1. Cincinnati, OH 45264 Bank Routing #042000013 Bank Account #576762314 For Wires outside the US: US Bank, USA SWIFT Code: USBKUS44JMT Bank Account #576762314 Invoice Number: Invoice Date: Matter Number: 8754423 12/17/12 028597.00007 $ 40,096.25 $ 2,813.15 $ 42,909.40 Direct Billing Inquiries to: Orlando 1. Cabrera 1200 19th Street, NW Suite 300 Washington, DC 20036 United States Phone: + 1.202.626.6600 Fax: + 1.202.626.6780 email: orlando.cabrera@squiresanders.com ------------------------------- Fleasc]u-dude Referen-ce Number 8754423.28597 with all Payments Tax Identification Number 34-0648199 "quire Sanders (US) LLP is part of the international legal practice Squire Sanders 'which operates worldwide through a number a/separate legal emilies. Please visit squiresanders. comfor more information. "Squire Sanders (UK) LLP ~*Sqllire Sanders (4U) SQUIRE SANDERS (US) LLP BEIJING' BEIRUT'· BERLIN' BIRMINGHAM'· BRATISLAVA' BRUSSELS'· BUDAPEST' CINCINNATI· CLEVELAND' COLUMBUS· FRANKFURT· HONG KONG· HOUSTON· KYIV LEEDS •. LONDON '. Los ANGELES, MADRlD* . MANCHESTER' . MIAMI' Moscow· NEW YORK' NORTHERN VIRGINIA' PALO ALTO· PARIS' . PERTH" . PHOENIX· PRAGUE . RIYADH'· RIO DE JANEIRO . SAN FRANCISCO' SANTO DOMINGO· SHANGHAI· SINGAPORE' TAMPA' TOKYO· WARSAW' WASHINGTON DC· WESTPAL.M BEACH INDEPENDENT NETWORK FIRMS: BOGOTA· BUCHAREST· BUENOS AIRES· CARACAS' LA PAZ' LIMA' PANAMA· SANTIAGO City of South Miami, Florida Alfredo Riverol, CPA Cr.FA Finance Director South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 Metro South Senior Apts. Fees: Disbursements: Amount Due for this Invoice: Remit Check Payments to: Squire Sanders (US) LLP P.O. Box 643051 Cincinnati, OH 45264 Phone: 216.687.3400 Fax: 216.687.3401 REMITTANCE COpy INVOICE SUMMARY PAYMENT INSTRUCTIONS Remit Wire Payments to: Squire Sanders (US) LLP US Bank 425 Walnut St. Cincinnati, OH 45264 Bank Routing #042000013 Bank Account #576762314 For Wires outside the US: US Bank, USA SWIFT Code: USBKUS44IMT Bank Account #576762314 Invoice Number: Invoice Date: Matter Number: 8754423 12/17/12 028597.00007 $ 40,096.25 $2,813.15 $ 42,909.40 Direct Billing Inquiries to: Orlando J. Cabrera 1200 19th Street, NW Suite 300 Washington, DC 20036 United States Phone: + 1.202.626.6600 Fax: + 1.202.626.6780 email: orlando.cabrera@squiresanders.com Please Include Reference Number 8754423.28597 with all Payments Tax Identification Number 34-0648199 Squire Sanders (US) LLP is part o/the internationallega/ practice Squire Sanders which operates worldwide through a number o/separate legal entities. Please visit squiresanders.com/or more in/ormation. *Squire Sanders (UK) LLP **Squire Sanders (A U) SQUIRE SANDERS (US) LLP 12117/12 Page 1 METRO SOUTH SENIOR APTS. DATE HOURS TIMEKEEPER 10/10112 2.50 O. Cabrera 10111112 1.00 O. Cabrera 10/12/12 0.25 J. Henslee 10117112 0.75 O. Cabrera 10/18112 0.25 O. Cabrera 10118112 1.50 O. Cabrera 10118112 0.50 O. Cabrera 1011 9112 1.00 O. Cabrera 10/22112 5.00 O. Cabrera 10/23/12 9.00 O. Cabrera 10/26112 0.75 O. Cabrera 10/31/12 0.25 O. Cabrera 10/31/12 0.25 O. Cabrera 11/01112 9.50 O. Cabrera 11/02112 11.00 O. Cabrera 11105/12 0.50 O. Cabrera 028597.00007 South Miami, City of 1 Metro South Senior Apts. LEGAL SERVICES NARRATIVE Travel to Miami. Invoice Number: 8754423 Telephone conference with T. Pepe and L. Reiter regarding S. Miami. Update database with the exhibits to G. DeRamon's deposition. Review of e-mail from T. Pepe; review e-mail fi'om Telephone conference with Lyman Reynolds. Various E-mails with T. Pepe and L. Reynolds; telephone conference with L. Reynolds. Review and revise letter regarding presentation of records j _____ _ Respond to e-mail from ; review and respond to e-mail from Lyman Reynolds. Travel to Miami; review complaint and 1_ mediation ; review Metro Senior South ; draft various e-mails to T. Pepe and L. Reynolds. Attend mediation; travel home. E-mail from __ ; e-mail from T. Pepe; e-mail from 1. Receipt and review e-mail fi'om __ _ Telephone conference with L. Reynolds regarding various issues. Travel to Miami, FL, to attend mediation. Attend mediation with client, co-counsel, and opposing counsel; travel home. Various e-mails with L. Reynolds SQUIRE SANDERS (US) LLP 12/17/12 Page 2 11106112 1.00 11/07!l2 2.50 I I107112 1.00 11/09!l2 3.75 11I19!l2 0.25 11119/12 0.75 11120112 4.00 11/21112 1.25 11121112 0.75 11126/12 0.75 O. Cabrera O. Cabrera O. Cabrera O. Cabrera O. Cabrera O. Cabrera O. Cabrera O. Cabrera O. Cabrera O. Cabrera 028597.00007 South Miami, City of 1 Metro South Senior Apts. Invoice Number: 8754423 Review term sheet circulated by T. Pepe; e-mail T. Pepe; telephone conference with L. Reynolds. Travel to Fort Lauderdale, FL. Review various drafts of: t comments circulated by Amy Boalris, Developer's counsel; e-mail from T. Pepe regarding travel to S. Florida. Travel to and attend City Council meetings; travel from Miami to DC. Review e-mail from T. Pepe and respond. Telephone conference with T. Pepe regarding various issues relating to __ letter and attendance at City Council meeting. Prepare for and attend City Council meeting. Attend conference call with A. Boulis, L. Reynolds, J. Green, and L. Reynolds regarding Development Agreement. Review and revise. ____ _ Review and revise A. Boulris agreement; telephone conference with T. Pepe regarding same. TOTAL HOURS FOR THIS MATTER: 60.00 TOTAL SERVICES: Airfare through SS&D Travel Service Airfare through SS&D Travel DISBURSEMENT SUMMARY VENDOR: Travel -Financial Accounting use only INVOlCE#: 58551_111112 DATE: 1111112012 Airfare for CABRERA/ORLANDO J -ticket # 7113812397 -depart 11110/2012 VENDOR: Travel-Financial Accoullting use only INVOICE#: 58551_111112 DATE: 11111/2012 $ 40,096.25 20.00 365.80 SQUIRE SANDERS (US) LLP 12/17/12 Page 3 Service Airfare through SS&D Travel Service Airfare through SS&D Travel Service Travel Travel Travel Travel TOTAL DISBURSEMENTS: TOTAL SERVICES: TOTAL DISBURSEMENTS: 028597.00007 South Miami, City of / Metro South Senior Apts. Invoice Number: 8754423 Airfare for CABRERA/ORLANDO J -ticket # 7113812397 -depart 11110/2012- MIA/DCA VENDOR: Travel-Financial Accounting use only INVOICE#: 58551_111112 DATE: 111l1/2012 Airfare for CABRERA/ORLANDO J -ticket # 7113812417 -depart 11/07/2012 VENDOR: Travel-Financial Accounting use only INVOICE#: 58551_111112 DATE: 1111112012 Airfare for CABRERA/ORLANDO J -ticket # 7113812417 -depart 1 I/07/2012 - LAX/FLL VENDOR: Cabrera, Orlando; INVOICE#: 11082012; DATE: 1118/2012 -wsh- OJCIlI-IO-12/Attend City Council Meeting in Miami VENDOR: Cabrera, Orlando; INVOICE#: 10222012; DATE: 10/22/2012 -wsh- OJCI10-24-12/TraveJ to Miami for Meeting with Client VENDOR: Cabrera, Orlando; INVOICE#: 11012012; DATE: 11/1/2012 -wsh- OJCII 1-2-12/Attend Mediation in Miami, FL VENDOR: Cabrera, Orlando; INVOICE#: 11012012_2; DATE: 11/1/2012 -wsh- OJC/II-2-12/Travel to Miami for Meeting with Client MATTER TOTAL 20.00 674.80 872.86 378.88 80.00 400.81 $2,813.15 TOTAL AMOUNT DUE FOR THIS MATTER: $ 40,096.25 $ 2,813.15 $ 42,909.40