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Home My WebLink About78-196RESOLUTION N0. 78-196 RESOLUTION APPROVING AGREEM~NT FOR LEGAL SERVICES GLARK ROAD ASS~SSMENT DISTRICT N4. 2 Th~ Boazc~ o~ Supervisors of the County of But~e reso].v~s : This Board of Supervisors appraves that certain agreement between the Cour~ty of ~But~e an~ STURGIS, NFSS & BRUNSELL a professi.onal corporation, for services of that firm as Special Bond Counse~ for Clark Road Assessment b~.strict No. 2, Coun'ty a~ Butte, State of Californa.a, dated ~he 21s~ day of Novemb~r, 1978, and attached to this resalution. . The Chairman of the Boarc3 of Supervisors is autk~orized ta sign the agreement and the County Clerk is autharizec~ to attes~ its execution. ~ ~ ~ I HEREBY CERTTFY that the faregoing resalution was duly and reguiarly adop~ed by the.Boarc7 of Supervisors of ~he County of Butte, State of CaJ.i~ornia~ at a regular meeting therea~, held on 'the 21st day of November, 1978, by the fallowing vote, to wi~ : AYES: ~upervi5ors Lemke, Mad~.~an, Mosel~ey and Chairman Winston . -~ ~ NOES: Supervisors None ABSENT: Supervisors Rich~ter ' ' CLARIi A. NELSON, Co[~nty Clerk, , County of Butte, State of Cali~orn~ia By ~.X-~ !I ~ i~-~-~L.--~-~ , s ~ ~~~ AGREEMENT F4R L~GA~ SERVICES CLARR ROAD ASS~SSMENT DTSTRICT N0. 2 This is an agreement for legal services between the COUNTY ~F BUTTE. a pa~itical subdivision af the State of ~ Cali~ornia, reterred to as Client, and STURGIS, NESS & BRUNSELL a professional corporation, At~arneys at Law, Emeryvill~, California, referred to as Bond Counsel. 1. Client retains Bond Counsel a5 special counsel to perfozm ~he fallawing 1~ga1 services reiating to Clark Road Assessment ~zs~~ict No. 2, County of Butte, State of California;~ (a} Pr~paration of all forms of resol~tians;-not~ces, affidavi~s, and o~her documents req~ir~d by the ~ Municipal Improv~~ent Act o~ I9~3, including the ~ega~ format of the engineer's report required by 5ection 10204. (b) The preparation of wri~ten instructions ~o~Client's ~Glerk and other staff inembers concerning the per- = ~- farmance of legally-required d~tiES. (c) Review of aocumen~s prepared by Cl~en~'s enginee~ing ' staff or consulting eng~neers, including boundary map, ass~ssm~nt diagra~n, assessment roll, anc3 the general provisions of construction speci~~cations. -~~ {c~} Attendance at t~e public hearing on the engineer's report (~ncluding con~~nuanc~s of ~the hearing, i~ any). ~(e) A~~endanc~ at all.other public me~tings of Clien~ . at whfch ma~ters relating to the assessment c~istri.ct are considered, except xautine ma~~.ers. _ (f) A~.~.endance at staff ineetings or meeti.ngs o'f property owners, upon the xeques~ o~ the Client, af ter reasonable notice. . . , ~ ~(g) Telephone consultat~on with staff inembers.and proper~y owners to answer legal. ques~ions abaut ~he a5sessment proceedings. . {h) Preparatian of the notice inviting bids and co~struc~ tion can~ract, if requa.red, and review of contrac~ bonds and insurance documents. ;~`..~~~..~~~~ . _1_ . ~~~ r~~~`~ ~~ } _..,_. _ _ . _..._ _ _ .: ~~.... . -...._ -- ._. _ .._ ----- _..._, . ---. . _ (i} Arrangement5 for the printing of ~mpravement bands ta represent unpaid assessments, inc~uding the print~ng of a bond register and. ~f required. assessm~nt insta~l- ment notices. (~) The prepaxation of a r~cord of assessment ins~all- men~s far the use o~ the County Auaitox, if required. (k) Arrangemen~s for the sa~e of improvement bonds either by negotiation or by public bid, at the optian af Clien~, including a review of financial disclosure requixements an~, if required, the preparation of the notice inviting bond bids. (1) The preparation ot bond delivery dacumen~s. (m) The rendi~ion of a legal opinion an the validi~y a~ the improvement bonds and the proceedi.ngs leading to their z.ssuance. ~ 2. The serva.aes af Bond Counsel under this agreement shall no~ include the follawing: (a) Legal services in connec~ion with the acquisition at .~n~erests in real property, either through negotiation or through e~ercise of the power af eminent do~nai.n, {b) Legal servic~s in connection with"~itigatian. The performance by Bond Counsel of services exc~uc~ed by this paragraph,_i£ required by C~ient, shail be under separate oral ar written agreement. 3. ~n consideration of ~he sErvices set forth i.n paragraph ~., Client shall pay to Band Counse.l the folZow~ng f~e and costs: (a) The legal tee of Bond CounseI. sha~.l be a scaled percentage of the praject cast se~ ~orth ~.n the erigineer's report as f3nally approved under 5ection ~.03~2 of the S~reets and Highways Gode. The "proj~c~ cost" shal~. be c~eemed ~o include es~imated construc~ion cost, estimatea or actual payment for the acquisition of existing improvements' -2- and real property, paym~n~s to other public agencies ar ut~l~ties, capaci~y charges, and cont~ngency amo~nts. The "pro3ect cost" sha11 be d~emed to exc~ude engineer- ing, legal, right-o~-way and o~her consu~ting or prof~ssiona~ fees, inspec~ion fees, ban~ printing - costis, a~lowance for se~~ing i~provement bonds a~ a ~isco~nt, and any other incidental expenses af the project. - {b) The legal fee sha11 be an amaunt equal to three per~ cen~ (3~) of that portian o~ prajec~ cos~ no~ exceeding $~ mi~lion, p~us two percent (2$) of that partzan af projec~ cost exceeding $1 rnillion bu~ not exc~eding $2 million, p~us one p~~cent {1~) of that portion of proj~ct cast exceeding $2•million. The ~ee shall not be less than $1,500. (c) Costs shall be reimbursed ta Band Counsel as follows: - 1) The cast of transportatian. 2) The cost o~ preparing auditor's record, if require~: 5even cents per assessment tor each year of the band iss~e, with a minimum o~ $30.00. 3) The cost of long distance telephone ca11s: at bi~led cost. 4) The cost of phatacopying: Ten cents per sheet. The cost of ather services for which Bone3 Counsel makes arrangemen~s under ~his agre~men~ (such as bonc3 printing costs) shall be bilied to the Client anc3 shall be paid by Clien~. a i.r ec t~.y to the payee . (d) Pay~nent by Client of the lega~. fee is contingent upon the ~.evy of assessments and ~he sale and delivery o~ improvement bonds representing e~npa~,d assess~nents i.n the assessment district. If for any reason, assess-- nents are no't confirmed and bonds de~.iver~d, Bond Counsal shall be paid no legal fee. Both •the legal fee and costs are payable upon dela.very of fihe bonds. ~ . ~ -3- 4. Bond Counsel cert~~ies that it has no interes~, ei~her direct or contingent, in any property or contract arising ~rom ar affected by the assessment district, excep~ as Band Connsel under th~s agreement. Bond Counse~ does not represent any owner of property within the propase~ boundaries of this assessment ~istrict, and has not received a fe~ from any source for services connected with the rojec~. DATED: November 21, 39T8 , covNTY o~ ~, o~. ~ ~C~~ subdivisio' h ~a o Cal~farnia ,` By Chairman o£ the Board o Supervisors ATTEST: CLARK-A. NELS~N, Co~n~y Clerk BY . ~~ ~~C ~~'~„e''~ . STIIRGiS, NESS & BRUNSELL a professional corporation , At~orneys at Law ~ BY _~_