Loading...
HomeMy WebLinkAbout2012-243 1 RESOLUTION NO. 2012-243 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 4 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ATS COMMUNICATIONS, A CALIFORNIA CORPORATION, FOR THE PURPOSE OF 5 RAISING CAPITAL BY SELLING OFF CITY INTERESTS IN EXISTING CELL TOWER LEASES WITH THE CELLULAR TELEPHONE SERVICE PROVIDERS TO 6 AN INDEPENDENT THIRD PARTY. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The City Manager of the City of San Bernardino is hereby 0 authorized to execute on behalf of said City the Services Agreement with ATS 11 12 Communications, a copy of which is attached hereto, marked as Exhibit "A", and incorporated 13 herein by reference as fully as though set forth at length. 14 SECTION 2. This purchase is exempt from the formal contract procedures of 15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010(B)(3) entitled "Purchases 16 approved by the Mayor and Common Council". 17 18 SECTION 3. The authorization granted hereunder shall expire and be void and 19 of no further effect if the agreement is not executed by both parties and returned to the Office of 20 the City Clerk within sixty (60) days following the effective date of the Resolution. 21 22 23 /// 24 /// 25 /// 26 /// 27 28 1 2012-243 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 2 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ATS 3 COMMUNICATIONS, A CALIFORNIA CORPORATION, FOR THE PURPOSE OF RAISING CAPITAL BY SELLING OFF CITY INTERESTS IN EXISTING CELL 4 TOWER LEASES WITH THE CELLULAR TELEPHONE SERVICE PROVIDERS TO AN INDEPENDENT THIRD PARTY. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regulaimeeting thereof, held on 8 the 1st da y of October 2012, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ x 12 JENKINS x 13 VALDIVIA x 14 SHORETT x 15 KELLEY x 16 17 JOHNSON x 18 MCCAMMACK x 19 20 Georg nn Hanna, ity Clerk 21 The foregoing Resolution is hereby approved this 4f:9- day of Ortoher , 2012. 22 23 Metric J. Morris, 0 • or 24 City of San Bernardino 25 Approved as to form: 26 27 James F. Penman 28 City Attorney (Declined to sign) 2 2012-243 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ATS COMMUNICATIONS REGARDING RAISING CAPITAL BY SELLING OFF CITY INTERESTS IN EXISTING CELL TOWER LEASES TO INDEPENDENT THIRD PARTIES THIS AGREEMENT, made and entered into this 1st day of October, 2012 ("Effective Date") by and between ATS Communications, a California corporation ( hereinafter"Consultant"), and the City of San Bernardino, a municipal corporation organized under the laws of the State of California (hereinafter"City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of wireless communication technology to assist the City in servicing and expanding the cell towers on property owned by the City to provide a capital for the City of San Bernardino. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. In approving this Agreement, the Mayor and Common Council finds that Consultant has unique qualifications and skills not otherwise available in the marketplace, and is therefore exempt from competitive bidding. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant shall assist the City, for the purpose of raising capital, by selling off City interests in existing cellular tower leases with the cellular telephone service providers to an independent third party. The consultant shall be responsible for assisting the City with its effort to collect and audit all necessary lease information in order to ensure completeness and accuracy. The consultant will also be responsible for assisting with the preparation of the necessary bid specifications for the actual purchase and assignment of the City's cellular tower sites. Additionally, the consultant will be responsible for assisting the City with the evaluation and selection of the independent third party purchaser and subsequent negotiations, including terms . relative to each sale. The scope of services shall be as further laid out in "Attachment 1" attached hereto. 2. COMPENSATION. The City, in its sole discretion, may choose to monetize none, some or all of the existing leases. For this service, ATS Communications will receive 4% of the gross sale proceeds, not to exceed $100,000. A minimum of $20,000 shall be paid to the ATS Communications if no sales are completed. EXHIBIT "A" 2012-243 3. TERM. The initial term of this Agreement shall be for a period of one year, commencing on October 1, 2012, and terminating on September 30, 2013, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this contract shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. BUSINESS CERTIFICATE. Consultant shall obtain and maintain during the term of this Agreement, a valid City Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, skill or business. 5. RECORDS AND AUDITS. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit upon 24-hours notice to Consultant. The records shall be maintained for the term of this Agreement, any extension or extensions thereof, and for a period of three years following its termination, by whatever means. 6. INDEMNITY. Consultant shall indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to City' s performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or negligence. City shall indemnify, defend and hold harmless the Consultant, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to Consultant's performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by Consultant's willful misconduct or negligence. 7. INSURANCE. 7. 1 Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the term of this Agreement all of the following insurance coverages: a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($ 1, 000,000.00), combined single limits, per occurrence and aggregate. b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1, 000,000.00), combined single limits, per occurrence and aggregate. c) Workers' compensation insurance as required by 2012-243 the State of California. d) Professional errors and omissions (" E& 0") liability insurance with policy limits of not less than One Million Dollars ($1, 000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E& 0 liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 7.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 7.3. Certificates of Insurance: Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 7.4. Non-limiting: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 8. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Consultant shall not discriminate on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. 9. INDEPENDENT CONTRACTOR. Consultant shall perform work tasks provided by this Agreement but for all intents and purposes Consultant shall be an independent contractor and not an agent or employee of the City. 10. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 2012-243 • TO THE CONSULTANT: ATS Communications 22651 Lambert Street, Suite 101A Lake Forest, CA 92630 Facsimile ( 949) 768-6984 11. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 12. ASSIGNMENT. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this agreement. 13. GOVERNING LAW. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. 14. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 15. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 16. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 2012-243 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. HI /// • 2012-243 • SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ATS COMMUNICATIONS REGARDING RAISING CAPITAL BY SELLING OFF CITY INTERESTS IN EXISTING CELL TOWER LEASES TO INDEPENDENT THIRD PARTIES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: !O' ($ , 2012 ATS Communications By: Date: / 0—if-, 2012 City of San Bernardino By: _ . •.: J Andrea ra`vis-Miller, Acting City Manager Attest: George / n Hanna, y Clerk Approved as to form: ----�7 James F. Penman, City Attorney (Declined to sign) 2012-243 Attachment 1 SCOPE OF SERVICES Consultant shall assist the City for the purpose of raising capital by selling off City interests in existing cellular tower leases with the cellular telephone service providers to an independent third party. The consultant shall be responsible for assisting the City with its effort to collect and audit all necessary lease information in order to ensure completeness and accuracy. The consultant will also be responsible for assisting with the preparation of the necessary bid specifications for the actual purchase and assignment of the City's cellular tower sites. Additionally, the consultant will be responsible for assisting the City with the evaluation and selection of the independent third party purchaser and subsequent negotiations, including terms relative to each sale. (a) Pursuant to the sale of the Cellular Tower Sites Consultant shall: • Communicate with City personnel to understand goals and objectives. • Evaluate all existing wireless communications facilities located on City property. • Visit and photograph each cell tower site. • Determine issues that relate to increasing the potential value of each site for consideration by financial institutions. • Audit existing wireless communications leases for City property. • Ensure carriers are paying correct amount per the existing leases. • Ensure carrier installations are in compliance with the leases. • Identify any hidden value that may increase the potential value of the lease. • Make recommendations regarding the value of the lease. • Identify those sites with highest potential value in I a lump sum transaction. • Identify ways to increase value for the leases with lower value. • Contact the wireless carriers to make improvements to the existing lease agreement to maximize sale value. • Manage the entire lease sale process. • Prepare a detailed package containing all the requisite information regarding the lease, and sites. • Contact the various financial institutions to determine interest in "monetizing" certain leases in the City portfolio. • Negotiate the best possible terms for a lump sum transaction based on industry standard terms, conditions and requirements. • Prepare an analysis of the various offerings from interested potential buyers, identifying the benefits an attributes of each proposal. • Present the analysis to the City, and make a recommendation as to the best possible transaction directly tied to City goals. • Assist City personnel in negotiating and completing the transaction documentation and closing the transaction 2012-243 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ATS COMMUNICATIONS REGARDING RAISING CAPITAL BY SELLING OFF CITY INTERESTS IN EXISTING CELL TOWER LEASES TO INDEPENDENT THIRD PARTIES THIS AGREEMENT, made and entered into this 1st day of October, 2012 ("Effective Date") by and between ATS Communications, a California corporation ( hereinafter "Consultant"), and the City of San Bernardino, a municipal corporation organized under the laws of the State of California (hereinafter"City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of wireless communication technology to assist the City in servicing and expanding the cell towers on property owned by the City to provide a capital for the City of San Bernardino. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. In approving this Agreement, the Mayor and Common Council finds that Consultant has unique qualifications and skills not otherwise available in the marketplace, and is therefore exempt from competitive bidding. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant shall assist the City, for the purpose of raising capital, by selling off City interests in existing cellular tower leases with the cellular telephone service providers to an independent third party. The consultant shall be responsible for assisting the City with its effort to collect and audit all necessary lease information in order to ensure completeness and accuracy. The consultant will also be responsible for assisting with the preparation of the necessary bid specifications for the actual purchase and assignment of the City's cellular tower sites. Additionally, the consultant will be responsible for assisting the City with the evaluation and selection of the independent third party purchaser and subsequent negotiations, including terms relative to each sale. The scope of services shall be as further laid out in "Attachment 1" attached hereto. 2. COMPENSATION. The City, in its sole discretion, may choose to monetize none, some or all of the existing leases. For this service, ATS Communications will receive 4% of the gross sale proceeds, not to exceed $100,000. A minimum of $20,000 shall be paid to the ATS Communications if no sales are completed. 2012-243 3. TERM. The initial term of this Agreement shall be for a period of one year, commencing on October 1, 2012, and terminating on September 30, 2013, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this contract shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. BUSINESS CERTIFICATE. Consultant shall obtain and maintain during the term of this Agreement, a valid City Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, skill or business. 5. RECORDS AND AUDITS. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit upon 24-hours notice to Consultant. The records shall be maintained for the term of this Agreement, any extension or extensions thereof, and for a period of three years following its termination, by whatever means. 6. INDEMNITY. Consultant shall indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to City' s performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or negligence. City shall indemnify, defend and hold harmless the Consultant, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to Consultant's performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by Consultant's willful misconduct or negligence. 7. INSURANCE. 7. 1 Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the term of this Agreement all of the following insurance coverages: a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($ 1, 000,000.00), combined single limits, per occurrence and aggregate. b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1, 000,000.00), combined single limits, per occurrence and aggregate. c) Workers' compensation insurance as required by 2012-243 the State of California. d) Professional errors and omissions (" E& 0") liability insurance with policy limits of not less than One Million Dollars ($1, 000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E& 0 liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 7.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 7.3. Certificates of Insurance: Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 7.4. Non-limiting: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 8. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Consultant shall not discriminate on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. 9. INDEPENDENT CONTRACTOR. Consultant shall perform work tasks provided by this Agreement but for all intents and purposes Consultant shall be an independent contractor and not an agent or employee of the City. 10. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Manager's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 2012-243 TO THE CONSULTANT: ATS Communications 22651 Lambert Street, Suite 101A Lake Forest, CA 92630 Facsimile ( 949) 768-6984 11. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 12. ASSIGNMENT. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this agreement. 13. GOVERNING LAW. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. 14. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 15. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 16. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 2012-243 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// /// /// 2012-243 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ATS COMMUNICATIONS REGARDING RAISING CAPITAL BY SELLING OFF CITY INTERESTS IN EXISTING CELL TOWER LEASES TO INDEPENDENT THIRD PARTIES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: , 2012 ATS Communications By: Date: , 2012 City of San Bernardino By: Andrea Travis-Miller, Acting City Manager . /. ,_ r_t_2„. Attest: George-� n Hanna, ' y Clerk Approved as to form: �� James F. Penman, City Attorney (Declined to sign) 2012-243 Attachment 1 SCOPE OF SERVICES Consultant shall assist the City for the purpose of raising capital by selling off City interests in existing cellular tower leases with the cellular telephone service providers to an independent third party. The consultant shall be responsible for assisting the City with its effort to collect and audit all necessary lease information in order to ensure completeness and accuracy. The consultant will also be responsible for assisting with the preparation of the necessary bid specifications for the actual purchase and assignment of the City's cellular tower sites. Additionally, the consultant will be responsible for assisting the City with the evaluation and selection of the independent third party purchaser and subsequent negotiations, including terms relative to each sale. (a) Pursuant to the sale of the Cellular Tower Sites Consultant shall: • Communicate with City personnel to understand goals and objectives. • Evaluate all existing wireless communications facilities located on City property. • Visit and photograph each cell tower site. • Determine issues that relate to increasing the potential value of each site for consideration by financial institutions. • Audit existing wireless communications leases for City property. • Ensure carriers are paying correct amount per the existing leases. • Ensure carrier installations are in compliance with the leases. • Identify any hidden value that may increase the potential value of the lease. • Make recommendations regarding the value of the lease. • Identify those sites with highest potential value in I a lump sum transaction. • Identify ways to increase value for the leases with lower value. • Contact the wireless carriers to make improvements to the existing lease agreement to maximize sale value. • Manage the entire lease sale process. • Prepare a detailed package containing all the requisite information regarding the lease, and sites. • Contact the various financial institutions to determine interest in "monetizing" certain leases in the City portfolio. • Negotiate the best possible terms for a lump sum transaction based on industry standard terms, conditions and requirements. • Prepare an analysis of the various offerings from interested potential buyers, identifying the benefits an attributes of each proposal. • Present the analysis to the City, and make a recommendation as to the best possible transaction directly tied to City goals. • Assist City personnel in negotiating and completing the transaction documentation and closing the transaction