e-060.3/2005 13:17 9056543723
AGENDA ITEM 3A.4
CITY OF SAN JACINTO PAGE 02
AGREEMENT FOR LEGAL SERVICES
CITY OF SAN JACINTO
1. PARTIES_A_ND DATE;
THIS AGREEMENT FOR LEGAL SERVICES ("Agreement") is made as ofthe lst day ofJuly 2004, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties." 4 2. RECITALS.
2.1 The CITY wishes to continue to engage the services of BB&K as its City Attorney to perform all necessary legal services for the CITY. BB&K wishes to provide all such services and, to that end, agrees to provide certain of such services at rates substantially below market.
2,2 This Agreement is made pursuant to California Government Code section 53060 and in compliance with all existing regulations of the Fair Political Practices Commission and amended Rules of Professional Conduct ofthe State Bar ofCalifornia.
3. TERMS.
3.1 Score of SArvices. BB&K shall serve as City Attorney and shall perform legal services as may be required from time to time by the CITY and its officers. As directed by the City Council or the City Manager, the legal services provided by BB&K under this Agreement shall include regular attendance at all regular, adjourned regular and special meetings of the City Council, Planning Commission meetings and/or other board, commission or committee meetings as necessary, and weekly attendance at City Hall office hours, ifrequested. BB&K shall also be responsible for the preparation or review of all CITY ordinances and resolutions, together with such agreements, deeds and other legal documents as requested by the CITY. Further, BB&K shall render to the officers and employees of the CITY legal advice and opinions on all matters affecting the CITY, the City Council, the Redevelopment Agency, the City Planning Commission, the City's Water and Sewer Department and other departments, boards, commissions ut committeee, including general governmental matters, liability claims and risk management, employee relations, and other redevelopment and bond counsel matters, negotiations, environmental and tax increment matters, conflicts of interest, and civil and criminal litigation arising therefrom.
3.2 Authorization of Work. .Any legal service provided under this Agreement must RVPTJENSB\673554.7
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a6/13/2M5 13:17 9096543728 CITY OF SAN JACINTO FASE @E3 be authorized by the City Council or the City Manager.
3.3 Quality Control. BB&K will fully cooperate with the CITY and the City Manager and will keep the CITY and its staff in.forrned of the status and progress of all pending matters and all legal matters of importance. BB&K will manage and control ,the delivery of all legal services hereunder in a professional, competent and cost-effective manner.
3.4 Assistance. The CITY agrees to provide all information and documents necessary for the attorneys at BB&K to perform their obligations under this Agreement.
Diseretion; Right to Employ Other Counsel. It is the intent of the Parties that all legal matters for the CITY will be handled by BB&K. However, nothing in this Agreement shall be construed in any man/er to limit the ultimate and absolute discretion of the City Council at any time to assign legal work to &her legal counsel.
3,6 Services and Compensation. BB&K shall render and bill for legal services in the following categories. The CITY shall pay for such services based on the following rates, or as they are adjusted from time to time by mutual consent.
3.6.1 etQ_._w_uL_L_e.gal__$__e_t__-vices: For preparation for, attendance at and participation in City Council meetings and other meetings as requested, and for the dratting, reviewing and counseling Work arising therefrom and frorn day to day public law matters, the CITY shall pa.y 13B&K a monthly retainer ofFifleen Thousand Dollars ($15,000.00).
3.6,2 Spepialized Legal Services: All legal services fitting this category shall be billed separately at the follovving hourly rates: $195/hour blended rate for all attorneys; $110/hour for paralegals and law clerks. This category shall include all hourly legal services in excess of the rnonthly retainer for specialized legal services including, but not limited to, the following:
(1) Litigation matters, including code enforcement litigation. (2) Laber and ernploytnent matters.
(3) Redevelopment Agency matters.
(4) Environmental issues including natural resources, endangered specics and water law matters.
3.61 Reimbursable Services: All legal services fitting this category shall be billed separately ar he rate then c.-'harged to nou-public agency elients of BB&K for the applicable attorney, paralegal andlor law derk.. This category shall include all legal services for which the City is entitled to recover its legal costs, whether pursuant to contract or by statute or ordinance, and shall include, but not be limited to the following:
(1) Review of Covenants, Conditions and Restrictions ("CC&Rs"). (2) Financing districts (i.e,, Community Facilities Distriets; Assessment 2 RV1UDVSB\473554,7
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Districts; Landscape and Lighting Maintenance Districts). (3) Land Use/Environmental projects for which the City is entitled to reimbursement.
3.6,4 Bond Counsel Services: For bond counsel and special counsel services in connection with tax exempt or taxable financings, BB&K shall be compensated, depending upon the type of bonds, certificates or participation or other obligations which are to be issued, based on generally pievailing rates at the time. A schedule of bond rates is attached as Exhibit "A" to this Agreement and incorporated herein by this reference. Unless otherwise agreed to in. writing by the CITY, BB&K shall be compensated for such services solely from the proceeds of the sale of the bonds, certificates of participation or other obligations issued. BB&K shall prepare a separate written agreement for services provided under this paragraph.
Prior to commencing work on any Bond Counsel Services, BB&K shall obtain approval from the City Council, City Manager and/or their designee to insure that such work is properly defined as Bond Counsel Services and that such work has been authorized.
3.7 Cost Reirnbtt d Exce_pan tions. The CITY shall reimburse BB&K for all out-of-pocket expenses incurred by BB&K in providing legal services under this Agreement, including charges for printing and copying expenses; automobile mileage for travel to and from City Hall and other locations on behalfofthe City from the Riverside office ofBB&K; telephone and fax charges; and routine electronic legal research as needed regarding matters handled as General Legal Services. However, no separate charge shall be made by BB&K for secretarial or word processing services.
3.8 13jjagg. BB&K shall submit monthly to the CITY a statement of account for the retainer and individual invoices for the balance of the legal services provided under this Agreement. The CITY shall review BB&K's monthly statements and shall pay BB&K for all legal services rendered and costs incurred, as provided for in this Agreement, on a monthly basis
3.9 Annual Review, BB&K and the City Council shall conduct a review of BB&K's performance and rates annually during the month ofJune.
3.10 Prohibition Az....anst Subcontracting or Assignment. The experience, knowledge, capability and reputation of BB&K, its partners,. associates and employees were a substantial inducement for the CITY to enter into this Agreement. Therefore, BB&K shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the CITY: In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypotheateci, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval ofthe CITY.
3.11 Inde_pendent Contractor. BMX, shall perform all legal services required under this Agreement as independent contractor of the CITY and shall remain, at all times as to the CITY, a wholly independent contractor with only such obligations as are required under this R PUBVSB\673554.7
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Agreement. Neither the CITY, nor any of its employees, shall have any control over the manner, mode or means by which BB&K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The CITY shall have no voice in the selection, discharge, supervision or control of BI3&K's employees, representatives or agents, or in fixing their number, compensation, or hours ofservice.
3.12 Term, Termination of A5ci-eement. The term of this Agreement shall commence on July 1, 2004 and shall continue in full force and effect until terminated as provided herein.
This Agreement may be terminated at any time upon thirty (30) days written notice from either Party, with or without cause. In the event of such termination, the CITY shall pay BB&K professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The CITY agrees to execute, upon request, a stipulation in such form as to permit BB&K to withdraw as attorneys ofrecord in any legal action then pending. BB&K shall make available to the CITY, or to counsel designated by the CITY, all documents and records of the legal services provided to the CITY and shall assist to the fullest extent possible in the orderly transition of all pending matters to the CITY's new counsel.
3.13 Insurance Coverage. BB&K carries errors and omissions insurance with Lloyd's of London. After a standard deductibility amount, this insurance provides coverage which exceeds the amount required by the State of California.
3.14 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in, writing and signed by both Parties.
3.15 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.16 Time ofJerformance- Efficiency of Services; Cooperation. The services of BB&K shall be performed expeditiously in light ofthe purposes ofthis Agreement. BB&K shall follow all procedures as established by the CITY consistent with its duties as City Attorney.
BB&K shall work cooperatively with the City Council and City Manager and keep them informed on all matters ofimportance as they arise.
SIGNATURES ON FOLLOVVING PAGE
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AGENDA ITEM 3A.4
CITY OF SAN JACINTO PAGE 05
CITY OF SAN JACINTO
By:
Per Cosentint
City Manager
. Attest:
tibrothy L. Cb. nard
City Clerk
BEST BEST & KRIEGER LLP
John E. Brown., Partner
City Attorney
RVPUMISB\673554.7
Date:
5 Date: 2 Soft% 04
Date 0(3/1 3/0 14.
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AGENDA ITEM 3A.4 ' 06/13/2005 13:17 9096543728 CITY OF SAN JACINTO PAGE 06 EXHIBIT "A"
TO
LEGAL SERVICES AGREEMENT
(SCHEDULE OF BOND COUNSEL FEES)
I. Certificates of Particivation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of (1) $30,000 or (ii) an amount based on the total principal amount of the certificates ofparticipation or bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe amount
ofthe certificates or bonds issued, plus
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$20 million.
2. Commuqity. Facilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Community Facilities District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, 1313&K will charge a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
:25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$20 million.
3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Assessment District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB841( will charge a fee which will be the greater of (i) $25,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
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.25% ofthe next $10 million ofthe amount
thereof, plus
.125% of the amount thereof, if any, over
$16 million.
4. Tax Allocation Bonds. For services in connection with the issuance and sale of tax allocation bonds. BB&K shall be paid a fee which will be the greater of (i) $30,000, or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows:
.50% ofthe first $10 million of the amount
ofbonds issued, plus
.25% ofthe next $10 milliort ofthe amount
of bonds issued, plus
.20% ofthe next $10 million ofthe amount
ofbonds issued, plus
.15% ofthe next $10 million ofthe amount
of bonds issued, plus
.125% ofthe amount thereof, if any, over
$40 million.
5. General ObligationjisiriLmtLrax and Revenue Anticipation Notes, For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined based on the time expended by the attorneys and attorney assistants who perform services in connection with the issuance and sale of such bonds or notes at the following hourly rates; Attorneys (including partners and associates): $350; Paralegals and Clerks: $110.
6. conduit Borrowing. For services in connection with the issuance of bonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB&K shall be paid a fee which will be $30,000 for any bond issuance of $3,000,000 or less. Because bond counsel fees for conduit bonds are paid by the conduit borrower, we would expect to negotiate the fee for any transaction over $3,000,000 with the conduit borrower. Subject to approval by the City.
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AGENDA ITEM 3A.4
AMENDMENT NO. 1 TO
AGREEMENT FOR LEGAL SERVICES
CITY OF SAN JACINTO
1. PARTIES AND DATE.
THIS AMENDMENT NO. 1 TO AGREEMENT FOR LEGAL SERVICES
("Amendment No. 1") is made as ofthe 19th day ofJanuary 2006, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as ofJuly 1, 2004 ("Agreement") whereby BB&K. shall serve the CITY as its City Attorney and Redevelopment Agency Counsel to perform all necessary legal services for the CITY.
2.2 The CITY BB&K wish to continue such arrangement and to change the person officially designated as City Attorney and Legal Counsel.
3. TERMS.
3.1 Amendment of Section 3. Section 3.1 ofthe Agreement is hereby amended to add the following:
"Jeffrey S. Ballinger, of BB&K, shall be the individual attorney ofBB&K designated as City Attorney and Agency Counsel and John E. Brown, of BB&K, shall be the individual attorney of BB&K designated as Assistant City Attorney and Assistant Agency Counsel. Mr.
Ballinger shall designate other partners and associates of BB&K as Deputy City Attorney or Deputy Agency Counsel, as necessary. Mr. Ballinger shall be responsible for the performance of services under the Agreement and the supervision of services performed by other members of Best Best & Krieger LLP. No change in this designation shall be made without the consent of the City and/or the Agency."
3.2 Amendment. Except as otherwise specifically set forth in this Amendment No. 1, all ofthe provisions ofthe Agreement shall remain in full force and effect.
SIGNATURES ON FOLLOWING PAGE
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AGENDA ITEM 3A.4
CITY OF SAN JACINTO
By:
Attest:
Barry Clellan
City Manager
)06./i/i
Dotrothy L. Ch4thiard
City Clerk
BEST BEST & ICRIEGER LLP
By:
. Ballinger
City Attorney
U/p.-16044(1
2 Date: January 19, 2006
Date: January 19, 2006
Date: 3cmucr7 !I, 2096
RVPUBUB 06296.1
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AGENDA ITEM 3A.4
EXIIIBIT "A"
TO
LEGAL SERVICES AGREEMENT
(SCIIEDULE OF BOND COUNSEL FEES)
1. Certificates of Participation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount ofthe certificates ofparticipation or bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe amount
ofthe certificates or bonds issued, plus
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$20 million.
2. Community Facilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Community Facilities District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, ifany, over
$20 million.
3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Assessment Distlict, payable from the landowner's initial deposit Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of (i) $25,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
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AGENDA ITEM 3A.4
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$16 million.
4. Tax Allocation Bonds. For services in connection with the issuance and sale oftax allocation bonds. BB&K. shall be paid a fee which will be the greater of(i) $30,000, or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe amount
of bonds issued, plus
.25% ofthe next $10 million ofthe amount
ofbonds issued, plus
.20% ofthe next $10 million ofthe amount
ofbonds issued, plus
.15% ofthe next $10 million ofthe amount
ofbonds issued, plus
.125% ofthe amount thereof, ifany, over
$40 million.
5. General Obligation Bonds and Tax and Revenue Anticipation Notes. For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined based on the time expended by the attorneys and attorney assistants who perform -services in connection with the issuance and sale of such bonds or notes at the following hourly rates:
Attorneys (including partners and associates): $350; Paralegals and Clerks: $110.
6. Conduit Borrowings. For services in connection with the issuance ofbonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB&K shall be paid a fee which will be $30,000 for any bond issuance of $3,000,000 or less. Because bond counsel fees for conduit bonds are paid by the conduit borrower, we would expect to negotiate the fee for any transaction over $3,000,000 with the conduit borrower, subject to approval by the City. •
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AGENDA ITEM 3A.4
SECOND AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES
CITY OF SAN JACINTO
I. PARTIES AND DATE.
THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES ("Second Amendment") is made as of the 25th day of March 2013, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K").
BB&K and crrY are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as ofJuly 1, 2004 ("Agreement") whereby BB&K shall serve the CITY as its City Attorney to perform all necessary legal services for the CITY.
2.2 The CITY and BB&K amended that certain Agreement on January 19th, 2006 ("Amendment") to name Jeffrey S. Ballinger as City Attorney.
2.3 The CITY wishes to continue to engage the services of BB&K as its City Attorney to perform all necessary legal services for the CITY on the terms set forth below. For purposes of this Second Amendment, the term "CITY" shall include the Successor Agency to the former San Jacinto Redevelopment Agency, and any other affiliated entities.
3. TERMS.
3.1 as follows:
Amendment of Section 3.6.2. Section 3.6.2 of the Agreement is hereby amended "Specialized Legal Services: All legal services fitting this category shall be billed separately at the following hourly rates: $199/hour blended rate for all attorneys; $112/hour for paralegals and law clerks. This category shall include all hourly legal services in excess of the monthly retainer for specialized legal services including, but not limited to, the following:
(1) Litigation matters, including code enforcement litigation; (2) Labor and employment matters;
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AGENDA ITEM 3A.4
3.2 as follows:
(3) Successor Agency matters; and
(4) Environmental issues including natural resources, endangered species and water law matters."
Amendment to add Section 3.6.5. Section 3.6.5 ofthe Agreement is hereby added "Annual Adjustments; Other Mutual Adjustments: The rates or amounts provided for in Section 3 shall be automatically increased as follows: On July 1, 2014 and every July 1st thereafter during the term of this Agreement, they shall be increased for the change in the cost of living for twelve (12) month period published for the month of May, as shown by the U.S. Department of Labor in its All Urban Consumers Index set forth for the Los Angeles-Anaheim-Riverside area; provided, however, that such adjustment shall never be lower than zero percent (0%) nor more than four percent (4%)."
3.3 Amendment to Section 3.6.3. Section 3.6.3 of the Agreement is hereby amended as follows:
"Reimbursable Services: All legal services fitting this category shall be billed separately at the rate then charged to non-public agency clients of BB&K for applicable attorney, paralegal and/or clerk. This category shall include all legal services for which the City is entitled to recover its legal costs, whether pursuant to contract or by statute or ordinance, and shall include, but not be limited to the following:
(1) Review of covenants, conditions and restrictions ("CC&Rs"); (2) Financing Districts (i.e. Community Facilities Districts; Assessment Districts; Landscape and Lighting Maintenance Districts); and
(3) Land Use/Environmental projects for which the City is entitled to reimbursement."
3.4 Amendment. Except as otherwise specifically set forth in this Second Amendment, all ofthe provisions ofthe Agreement shall remain in full force and effect.
SIGNATURES ON FOLLOWING PAGE
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AGENDA ITEM 3A.4
CITY OF SAN JACINTO
By:
Attest:
Tim Hults
City Manager
Rick Miller
City Clerk
BEST BEST & KRIEGER LLP
By:
fe:2-ey Z11inger
Partner
Best Best & Krieger LLP
3 Date: VA 7/f?
Date: 1-1/Zed/3
Date: Aert ( 2 3 2,00
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AMENDMENT NO. 3 TO
AGREEMENT FOR LEGAL SERVICES
CITY OF SAN JACINTO
1. PARTIES AND DATE.
THIS AMENDMENT NO. 3 TO AGREEMENT FOR LEGAL SERVICES
("Amendment No. 2") is made as of the 7 day of February 2017, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as ofJuly I, 2004 ("Agreement") whereby BB&K shall serve the CITY as its City Attorney and Redevelopment Agency Counsel to perform all necessary legal services for the CITY.
2.2 The CITY and BB&K have executed an Amendment No. 1 to the Agreement for Legal Services dated January 19, 2006 to designate Jeffrey S. Ballinger as City Attorney.
2.3 The CITY and BB&K wish to continue such arrangement and to change the BB&K attorney designated as City Attorney from Jeffrey S. Ballinger to Michael J. Maurer.
3. TERMS.
3.1 Amendment of Section 3. The portion of Section 3.1 of the Agreement added by Amendment no. 1 is hereby amended to read as follows:
"Michael J. Maurer, of BB&K, shall be the individual attorney of BB&K designated as City Attorney and Successor Agency Counsel. Mr. Maurer shall designate other attorneys of BB&K as Assistant City Attorney or Assistant Successor Agency Counsel or Deputy City Attorney or Deputy Agency Counsel, as necessary. Mr. Maurer shall be responsible for the performance ofservices under the Agreement and the supervision ofservices performed by other members of Best Best & Krieger LLP. No change in this designation shall be made without the consent ofthe City and/or the Successor Agency."
3.2 Amendment. Except as otherwise specifically set forth in this Amendment No. 2, all ofthe provisions ofthe Agreement shall remain in full force and effect.
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22242 00000\295830001
CITY OF SAN JACINTO
Attest:
Robert hAllatille„nsonil Ti
City Mana er
altOn
Citytlerk
BEST BEST & KRIEGER LLP
By:
ichael J. Maurer
City Attorney
A-/
Date:
Date:
Date: -517 t 7
22242.00000\29583000.1