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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-374 RESOLUTION NO. ; RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES ASSESSMENT DISTRICT NO. 1980-5, EL ALAMO IMPROVEMENTS - DANVILLE The Board of Supervisors of the County of Contra Costa resolves: This Board of Supervisors approves that certain agree- ment between the County of Contra Costa and Sturgis , Ness, Brunsell & Sperry a professional corporation, for services of that firm as Special Bond Counsel for Assessment District No. 1980-5, El Alamo Improvements - Danville, Contra Costa County, California, dated the 7th day of April, 1981, which agreement is on file in the office of the County Clerk . The Chairman of the Board of Supervisors is authorized to sign the agreement and the County Clerk is authorized to attest its execution. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 7th day of April, 1981. ATTEST: JAMES R. OLSSON, Clerk By AGREEMENT FOR LEGAL SERVICES ASSESSMENT DISTRICT NO. 19801-5 , EL ALAMO IMPROVEMENTS - DANVILLE This is an agreement for legal services between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, Attorneys at Law, Emeryville, California, referred to as Bond Counsel. 1. Client retains Bond Counsel as special counsel to perform the following legal services relating to Assessment District No.. 1980-5 , E1 Alamo Improvements - Danville, Contra Costa County, California: (a) Preparation of all forms of resolutions, notices, affidavits, and other documents required by the Municipal Improvement Act of 1913 , including the legal format of the engineer' s report required by Section 10204 . (b) The preparation of written instructions to Client' s Clerk and other staff members concerning the per- formance of legally-required duties. (c) Review of documents prepared by Client' s engineering staff or consulting engineers, including boundary map, assessment diagram, assessment roll, and the general provisions of construction specifications . (d) Attendance at the public hearing on the engineer' s report (including continuances of the hearing, if any) . (e) Attendance at all other public meetings of Client at which matters relating to the assessment dis- -1- :i 7?//3 74/ trict are considered, except routine matters. (f) Attendance at staff meetings or meetings of property owners, upon the request of the Client, after reasonable notice. (g) Telephone consultation with staff members and property owners to answer legal questions about the assessment proceedings. (h) Preparation of the notice inviting bids and construc- tion onstruetion contract, if required, and review of contract bonds and insurance documents. (i) Arrangements for the printing of improvement bonds to represent unpaid assessments , including the print- ing of a bond register and, if required, assessment installment notices. (j) The preparation of a record of assessment install- ments for the use of the County Auditor, if required. (k) Arrangements for the sale of improvement bonds either by negotiation or by public bid, at the option of Client, including a review of financial disclosure requirements and, if required, the preparation of the notice inviting bond bids. (1) The preparation of bond delivery documents . (m) The rendition of a legal opinion on the validity of the improvement bonds and the proceedings leading to their issuance. 2. The services of Bond Counsel under this agreement shall not include the following: (a) Legal services in connection with the acquisition of interests in real property, either through negotia- tion or through exercise of the power of eminent domain. (b) Legal services in connection with litigation. i� 7 The performance by Bond Counsel of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. 3. In consideration of the services set forth in paragraph 11 Client shall pay to Bond Counsel the following fee and costs: (a) The legal fee of Bond Counsel shall be a scaled percentage of the project cost set forth in the engineer' s report as finally approved under Section 10312 of the Streets and Highways Code. The "project cost" shall be deemed to include estimated construction cost, es- timated or actual payment for the acquisition of existing improvements and realproperty► payments to other public agencies or utilities, capacity charges, and contingency amounts. The "project cost" shall be deemed to exclude engineering, legal, right-of-way and other con- sulting or professional fees, inspection fees, bond printing costs, allowance for selling im- provement bonds at a discount, and any other incidental expenses of the project. (b) The legal fee shall be an amount equal to three percent (3%) of that portion of project cost not exceeding $1 million, plus two percent (2%) of that portion of project cost exceeding $1 million but not exceeding $2 million, plus one percent (1%) of that portion of project cost exceeding $2 million. The fee shall not be less than $1,500 . (c) Costs shall be reimbursed to Bond Counsel as follows: 1) The cost of transportation. 2) The cost of preparing auditor' s record, -3- if required: Seven cents per assessment for each year of the bond issue, with a minimum of $30. 00. 3) The cost of long distance telephone calls: at billed cost. 4) The cost of photocopying: Ten cent:d per sheet. The cost of other services for which Bond Counsel makes arrangements under this agreement (such as bond printing costs) shall be billed to the Client and shall be paid by Client directly to the payee. (d) Payment by Client of the legal fee is contingent upon the levy of assessments and the sale and delivery of improvement bonds representing unpaid assessments in the assessment district. If for any reason, assess- ments are not confirmed and bonds delivered, Bond Counsel shall be paid no legal fee. Both the legal fee and costs are payable upon delivery of the bonds . 4. Bond Counsel certifies that it has no interest, either direct or contingent, in any property or contract aris- ing from or affected by the assessment district, except as Bond Counsel under this agreement. Bond Counsel does not represent any owner of property within the proposed boundaries of this assessment district, and has not received a fee -4- ?1/3 741 -4- $113741 from any source for services connected with the project. DATED: APR 7 1� UN ' O CONTRA. COSTA, a political s bdiv' ion of the State of California By ma hairn, Board of Supervisors ATTEST: JAMES R. OLSSON, County Clerk ixI ` �i "Client" STURGIS, NESS, BRUNSELL & SKERRY a professional corporation By "Bond Counsel" _5_