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Home My WebLink About29-City Attorney CI1..... OF SAN BERNARDt.-O - REQU~ ~T FOR COUNCIL AC'. ~N From: Ralph H. Prince Subject: Retention of Special Counsel for for Formation of Assessment District - V:l1ldf'rhi 1 t W"y Al "" Fire Station De~: City Attorney Date: March 17, 1986 Synopsis of Previous Council action: 11/18/85 - City Attorney was authorized to hire Attorney John Brown of Best, Best & Krieger to work as special counsel on the formation of an assessment district in the Vanderbilt Way Area. Recommended motion: Adopt resolution. cc: Roger Hardgrave, City Engineer /! ./") 1'1 ~.-"J/ Signature Contact person: ___HJ1Jiam Sabourin Phone: 5055 Supporting data attached: ___-'i.fLs Ward: FUNDING REQUIREMENTS: Amount: $19,500 Proceeds from the sale of Source: Certificates of Participa- ti Finance: p - C ~ Council Notes: Agenda Item NO,2.. ~ 7~-0262 CICf OF SAN BERNAR~JO - REQUOT FOR COUNCIL A(".AON STAFF REPORT The City Attorney was authorized to hire, at a fee not to exceed $15,000, Attorney John Brown, from the firm of Best, Best and Krieger, to serve as special counsel in connection with the authorization, issuance and sale of Certificates of Participation pursuant to an installment sale financing arrangement by the City of San Bernardino to finance the acquisition, construction, and installation of a fire station, related fire fighting equipment, communication systems, a City telephone system and related equipment. The fee for special counsel shall not exceed $18,500 under the proposed agreement, with expenses not exceeding $1,000, unless prior approval is obtained from the Mayor and Common Council. It is the City Attorney's opinion that the proposed fee is reasonable because the services under the agreement involve both the issuance of the Certificates of participation and the review and approval of an assessment district as a financing vehicle for the constructjon and equipping of a fire station. The recommended contract incorporates the formal proposal of Best, Best & Krieger for these services and the City Attorney recommends adoption of the resolution approving the contract. 75-0264 LAW OFFICES OF ARTHUR l... LITTLEWORTH" GLEN E. STEPHENS" WILUAM R. O.,WOLFE ... BARTON C. GAUT ... CH"'RLES D. FIELD'" PAUl.. T. SELZER" D"LI.....S HOLMES" CHRISTOPHER C"'RPENTER ft RICH...RD T. "'NDERSON ft JOHN O. W"'HLIN ft MICH"EL D HARRIS ft W. CURT E"LYft THOM"'S S. SI..OV...K .. JOhN E. BROWN ft RON"'LO J. KOHUT MICH"'EI.. T. RIDOELL ft MEREDITH .... JURV ft MICH"'EL GR"'NT FRANCIS J. BAUM ANNE T. THOM"'S ft O. "'...RTIN NETHERY '* GEORGE M. REVES WILLIAM W. FLOYD, JR. MICHAEL A. CRISTE GREGORV l... H"'ROKE R;CHARO CROSS IRWIN L. GOLDS ANTONIA G. WEINER H"'RLEV L. BJELLAND 0........10 L. e"RON VIRGINIA A. ETTINGER VICTOR L. WOI..F ' OANIEL E. OLIVIER ARIEI.. PIERRE C"'LONNE DANIEL ,J. M"HUGH CARL F. HERBOLD. JR. STEPHANIE K. HARLAN MARC E. EMPEY JOl-lN R. ROTTSCHAEFER VIRGINIA A. JOHNSON LETITIA E. PEPPER MARTIN A. MUELLER J. MICHAEL SUMMEROUR HOWARO B GOLDS KENDALL H. M"c:VEY MICH"EL P. DURKEE CL"RK H. "LSOP CUGENE TAN"KA M"RGARET F. TANAKA BASIL T. CHAPMAN JEFFERY J. CRANDALL SCOTT C. SMITH L"NCE A. ...O......R JACK B. CLARKE ROGER .... GRAD JEANETTE .... PETERSON CHRISTINE M. NORTH TERt L. VOLLNOGLE BEST. BEST & KRIEGER 4Z00 ORANGE STREET P. O. BOX IOZ8 RIVERSIDE. CALIFORNIA 92502 TELEPHONE,(714) 686-1450 P"'LM SPRINGS OFFICE 600 EAST TAHOUITZ.M'iCALLUM WAY P. O. 80X 2710 PALM SPRINGS. CALIFORNIA 9226"'" {e.9)325.7Z64 TELEX 7$2735 " .....An...:",.'.... I"'C:~UOI"'G ....OI'l:"IO..4l,. co,,_"TIO'" February 20, 1986 RANCHO MIRAGE O,....ICE 39700 BOB HOPE DRIVE. SUITE: 312 p. O. BOX 5056 RANCHO MIRAGE, CALIFORNIA 92270 (e5le) 340-2445 GORDON COLOGNE, 01'" COUNSEL JAMES ..COAISON. 0' eOUNSrl AleHAAO ....OSHIN5.01'" COUNSEL"" AAY",OMO BEST (Ie6e-1957) .JAMI:S H. MAII:GER {IStI3-llit7S} I:UGEH& BEST (lelit3-Ilitet) "A PAOF"ESSION.....l. eOAPOAATlON .......O"'ITTEO lit: HEV.....DA. NEW fOAK W.....SHINGTO...O.e.eOURT 01'" CI..."I,",S Ralph H. Prince, City Attorney City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Re: Proposal Regarding Legal Services In Connection with the Issuance of Certificates of Participation by the City of San Bernardino Dear Ralph: Thank you very much for inviting Best, Best & Krieger to submit a proposal for legal services which may be required by the City of San Bernardino in connection with the referenced project. This letter will serve as a proposal on the part of Best, Best & . Krieger to serve as special counsel in connection with the authorization, issuance and sale of Cerificates of Participation (the "Certificates") pursuant to an installment sale financing arrangement by the City of San Bernardino ("City") to finance the acquisition, construction, and installation of a fire station, related fire fighting equipment, communication systems, a City telephone system, and related facilities: We propose to perform the following services on the basis hereinafter set forth: We will consult with and advise City officials and the City's underwriter and financial consultant as to the best legal methods of accomplishing the objectives of the City in connection with the financing and the proceedings for the issuance, sale and delivery of the Certificates. EXH\JIT p . . .. LAW OFFICES OF BEST. BEST & KRIEGER Ralph H. Prince, City Attorney February 20, 1986 Page Two We will prepare and draft all agreements, resolutions, notices, certificate forms and all other legal documents required by California law for the issuance, sale and delivery of the Certificates. We will provide such assistance to the City and the City's underwriter for the issue, as may be required in preparing and reviewing any official statement to be used in connection with the offer and sale of the Certificates. We will also examine all proceedings for the issuance and sale of the Certificates, step by step as taken, and when the Certificates are sold, will issue our opinion or opinions upon the validity of the Certificates and on the exemption of the interest on the Certificates from state and federal income taxation to the original purchaser of the Certificates. We will also attend all hearings and all meetings in connection with the proceedings where attendance is requested. We would also expect to review and approve and where necessary, assist in completing related proceedings undertaken by the City pursuant to Chapter 12.90 of the City's Municpal Code to levy and collect benefit assessments as an additional source of funds to repay the Certificates. For the services to be rendered pursuant to this proposal, including the preparation and supervision of proceedings, examination of each step as taken, and the issuance of our unqualified legal opinion or opinions attesting to the validity of the proceedings and the issuance of the Certificates, the City will pay to us a base fee, exclusive of out-of-pocket costs and expenses, which is the greater of $18,500 or an amount calculated on the basis of the percentages and amounts set forth: .005 percent of the first $6 million of the amount of the Certificates issues, plus .0015 percent of the next $9 million thereof, plus .0010 percent of the amount thereof, if any, over $15 million. -~---- - -- u, __ ___ \0..... LAW OFFICES OF BEST, BEST & KRIEGER Ralph H. Prince, City Attorney February 20, 1986 Page Three Our fee as special counsel will be payable upon issuance of the Certificates, pursuant to a requisition of the City presented to the Trustee. In the event we are requested to perform additional work outside of our services are special counsel, we will be paid additional compensation therefor at the hourly rates of the attorneys performing such services; provided, however, there shall be no such additional compensation due us without the prior approval by the City of the performance of such services. In addition to the foregoing, we shall be reimbursed by the City for any out-of-pocket expenses incurred by us in the course of our employment, such as printing costs, long distance telephone calls, reproduction of documents, travel at the request of the City, and similar items. Such out-of-pocket expenses would not exceed $1,000 without the prior written approval of the City. If this arrangement is satisfactory to you, please authorize our employment according to the terms of this letter and return to us a copy of this letter executed by an authorized officer of the City. We are looking forward to doing this work for you, and we will use our best efforts to obtain results beneficial to the City. Res submitted, ----2~. B~OW~ Best, Best ~nK~ie~r JEB: jwr TERMS OF EMPLOYMENT APPROVED THIS DAY OF , 1986 Authorized Officer of the City of San Bernardino LAW OFFICES OF ARTHUR L. LITTLE WORTH" GLEN E. STEPHENS" WILLIAM R. Do:WOLFE" BARTON C. G"'UT .. CHARLES D. FIELD .. PAUL T. SELZER '" DALLAS HOLMES" CHRISTOPHER CARPENTER" RICHARD T. ANDERSON.. JOHN D. WAHLlN" MICH"'EL D HARRIS" W. CURT EALY" THOMAS S. SLOVAK. JOHN E. BROWN" RONALD J. lIQHUT MICHAEL T. RIDDELL. MEREDITHA. JURY" MICHAEL GRANT FRANCIS J. SAUhl ....NNE T. THOMAS .. O. MARTIN NETHERY'" GEORGE M. REYES WILLIAM W. FLOYD. JR. MICH....EL ..... CRISTt GREGORY L. HAROllE RICH....RD CROSS IRWIN L. GOLDS ANTONIA G. WEINER H"'RLEY L. BJELLAND DAVID L. BARON VIRGINI.... A. ETTlNG~R VICTOR L. WOLf" OANIEL E. OLIVIER ARIEL PIERRE CALONNE DANIEL J. M~HUGH CARL F. HERBOLD. JR. STEPHANIE lI. HARLAN MARC E. EMPEY JOHN R. ROTTSCHAEFER VIRGINIA A. JOHNSON LETmA E. PEPPER hlARTlN ,.". MUELLER J. MICHAEL SUt.lt.lEROUR HOWARD B. GOLDS lIENO....LL 1-1. "''''cVEY MICH....EL P. CURlIEE CLARK H. ALSOP EUGENE T....NAKA M...RG....RET F: T"'N"'K'" BASIL T. CHAPMAN JEfF"ERY J. CR"'NDALL SCOTT C. SMITH LANCE .... ADAIR JACK S. CLARlIE ROGER A. GRAO JEANETTE A. PETERSON CHRISTINE M. NORTH TERI L. VQLLNOCLE BEST, BEST & KRIEGER 4200 ORANGE STRE ET P. O. BOX 1026 RIVERSIDE, CALIFORNIA 92502 TEL.EPHON E (714) 686-1450 P",U", SPRINGS OFFICE 600 EAST TAHOUITZ.MliCALLUM WAY P. O. BO)( 2710 PALM SPRINGS.C"'LIFORNIA 92264 (619)3Z5-7264 TELEX 752735 '" P"'''T..E''S'''P INClUD'NG PRO"E,",,",,DN"'l CORPOR*,nONS March 4, 1986 RANCHO MIRAGE OFFICE 39100 BOB HOPE DRIVE. SUITE 312 P. O. BOx 5056 R"'NCHO MIRAGE.CALIF"ORNIA 92270 (~U9) 3..0-2....5 GORDON COLOGNE:. OF COUN:5E:L JAMES 8.CORISON.OF COUNSEL RICHARD A.OSHINS.OF" C:OUNSEL- R"'TMOND 8EST {Ieee.19S7} J"'MI!:S H. KRIEGER (ISI'3'197S) EUGENE 8EST (1893'151'81) ..... PROFESSION"'L CORPORATION .....DI.UTTED IN: N~AD"', NEW YORk WA5HINGTO... D. c.eOURT OF" C......'MS william Sabourin, Deputy City Attorney City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Re: Proposal Dated February 20, 1986, Regarding Legal Services in Connection with the Issuance Issuance of Certificates of Participation by the City of San Bernardino Dear Bill: In connection with our telephone conversation yesterday, this letter is intended to confirm that the compensation to Best, Best & Krieger under the terms and conditions of the referenced proposal dated February 20, 1986, shall be payable only upon successful issuance and sale of Certificates of Participation for the City of San Bernardino. In the event the proposed proceedings were abandoned or discontinued for any reason whatsoever, there would be no compensation due us. ohn E. Brown 0 Best, Best & Krieger JEB: jwr cc: Ralph H. Price, City Attorney HAND DELIVERED EXHiBi i B '- 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BEST, BEST AND KRIEGER REGARDING LEGAL SERVICES IN CONNECTION WITH THE ISSUANCE OF CERTIFICATES OF PARTICIPATION BY SAID CITY FOR A PROPOSED FIRE STATION AND A CITY TELEPHONE AND COMPUTER SYSTEM, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Proposal of Best, Best and Krieger regarding legal services in connection with the issuance of certificates of participation by said City for a proposed fire station, a City telephone system and a City computer aided dispatching system, a copy of which is attached hereto as Exhibit nAn and expanded upon in Exhibit "Bn, both of which are incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1986, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerf; / / / / / / / / " 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 ;. of The foregoing resolution is hereby approved this , 1986. day Mayor of the City of San Bernardino Approved as to form: ,-' /i,/ ' ',,/1// j /' .' .,' ""'~' /"-'".1/'''-<:..0/ ':._,... -f of' I //1...../>- , t' City Attorney ~