00-0583R

RESOLUTION AUTHORIZING AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH & FREDERICK, P.A., FOR PROFESSIONAL LEGAL SERVICES RELATED TO THE SUB-ALLOCATION OF LOW INCOME HOUSING TAX CREDITS IN AN AMOUNT NOT TO EXCEED $4,500.

BY PRESIDENT GILBERT:

RESOLVED, that the proper city officials are hereby authorized to enter into an agreement, substantially in the form of the copy on file in the office of the city clerk as Public Document No. ______________________, with the law firm of Fryberger, Buchanan, Smith & Frederick, P.A., for professional legal services relating to the sub-allocation of low-income housing tax credits in an amount not to exceed $4,500, payable from fees generated by the low-income housing tax program in Community Development Fund 262, Agency 020, Object 5304.


STATEMENT OF PURPOSE: The purpose of this resolution is to authorize an agreement with Fryberger, Buchanan, Smith & Frederick for professional legal services related to the Federal Low-Income Housing Tax Credit Program (Section 42 of the U.S. Revenue Code, as amended). The services to be provided include advising the City in updating its annual Qualified Allocation Plan and Procedural Manual, reviewing applications and carry forward requests, reviewing commitment and carry forward agreements, and related functions necessary to the City's role as a sub-allocator of the tax credits.

Three law firms responded to a request-for-proposals which was mailed to twenty law firms in Duluth and the Twin Cities which specialize in tax credit law.
 
Fryberger, Buchanan, Smith & Frederick
Attorney $135/hr
Paralegal $62/hr
Leonard, Street and Deinard
Attorney $180/hr
Paralegal $110/hr
Hanft Fride
Declined due to potential conflict of interest

The Fryberger Law Firm was selected based on previous related experience and qualifications, capacity for timely responsiveness to the program schedule, and a proposed fee structure which was reasonable given the current program income.

Through this agreement, the City would contract with the Fryberger Law Firm for the services of attorneys Mary Frances Skala and Daniel D. Maddy. The agreement would be for a two-year term in an amount not to exceed $4,500, to be reimbursed on an hourly basis for tax credit legal services, payable from fees generated by the Low-Income Housing Tax Credit Program. Staff is also contacting the Minnesota Housing Finance Agency (MHFA) to ascertain if the state can provide additional legal assistance under the Joint Powers Agreement with the city which may result in reduced need for outside counsel. In the future, should the HOPE VI Project go forward, if necessary the council may be asked to consider amending this agreement for additional legal services.