Best Best & Krieger LLP
Response to Request for Qualifications
Land-Secured Financing Services
City of La Quinta
March 5, 2025
Best Best & Krieger LLP
Mrunal M. Shah
mrunal.shah@bbklaw.com
bbklaw.com
COVER LETTER ................................................................................................................................................. 2
BACKGROUND, QUALIFICATIONS AND EXPERIENCE ...................................................................................... 4
(A) SPECIFIC SERVICES PROVIDED .......................................................................................................................................... 4
(B) NUMBER OF YEARS IN BUSINESS ....................................................................................................................................... 4
(C) NUMBER OF YEARS PERFORMING SERVICES ...................................................................................................................... 4
(D) QUALIFICATIONS OF PROJECT MANAGER AND KEY PERSONNEL ........................................................................................... 5
Mrunal Shah .................................................................................................................................................................................... 5
Kim Byrens ...................................................................................................................................................................................... 5
(E) FIRM OWNERSHIP ............................................................................................................................................................ 6
(F) SUBSIDIARY INFORMATION ............................................................................................................................................... 7
(G) QUALIFICATIONS ............................................................................................................................................................. 7
Recent Projects ............................................................................................................................................................................... 7
REFERENCES OF CALIFORNIA GOVERNMENT AGENCIES ............................................................................... 8
FEE SCHEDULE ............................................................................................................................................... 10
HOURLY RATES ................................................................................................................................................................... 10
COST REIMBURSEMENT ........................................................................................................................................................ 11
REQUESTED EXCEPTION TO THE CITY’S AGREEMENT FOR CONTRACT SERVICES ........................................................................ 11
LIST OF COMPLEMENTARY SERVICES OFFERED ............................................................................................ 11
STAFFING AND PROJECT ORGANIZATION ..................................................................................................... 12
MRUNAL SHAH .................................................................................................................................................................... 12
KIM BYRENS ........................................................................................................................................................................ 13
JENNIFER BRADLEE .............................................................................................................................................................. 14
JOHN ROTTSCHAEFER .......................................................................................................................................................... 15
SUBCONTRACTING SERVICES ....................................................................................................................... 15
DISCLOSURES ................................................................................................................................................ 15
CONFLICTS OF INTEREST STATEMENT ................................................................................................................................... 16
EXPLANATION OF METHODOLOGY .................................................................................................................17
SERVICES RELATED TO THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS ................................................................ 17
SERVICES RELATED TO THE COMMUNITY FACILITIES DISTRICTS BOND ISSUANCE ..................................................................... 17
DISCLOSURE COUNSEL SERVICES ......................................................................................................................................... 18
NON-COLLUSION AFFIDAVIT ......................................................................................................................... 19
TABLE OF CONTENTS
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COVER LETTER
March 5, 2025
VIA EMAIL
City of La Quinta
Rosemary Hallick, Principal Management Analyst
78495 Calle Tampico
La Quinta, California 92253
rhallick@laquintaca.gov
Re: Request for Qualifications for Land-Secured Financing Services
Dear Rosemary,
On behalf of Best Best & Krieger LLP (BBK), I am pleased to enclose this proposal to provide land-
secured financing services, specifically bond counsel and disclosure counsel services, to the City of La
Quinta (City).
Our experience serving as bond counsel, disclosure counsel and special counsel for Community Facilities
Districts (CFD) and Assessment Districts (AD) makes BBK ideal to assist the City connection with the
potential issuance of bonds, and we are prepared to assist immediately.
Our Public Finance team can handle every detail relating to the authorization, sale and delivery of public
securities. Whether for transportation, schools, public recreation, housing or water supply, our attorneys
have extensive experience in all types of financing structures, including short-term and long-term
borrowing, fixed- or variable-rate obligations and derivatives.
BBK’s main office is the office that we will primarily service this project from and is listed below:
BBK Riverside
3390 University Ave., 5th Floor
Riverside, CA 92501
Phone: (951) 686-1450
Fax: (951) 686-3083
Additionally, BBK maintains an office in Indian Wells, located at 74-760 Highway 111, Suite 100, Indian
Wells, CA 92210, located fewer than 7 miles away La Quinta City Hall.
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I, Mrunal M. Shah, will be the primary contact person for this engagement, and am authorized to bind the
firm to the terms of this proposal. My contact information is as follows:
Mrunal M. Shah Partner
3390 University Ave., 5th Floor
Riverside, CA 92501
Phone: (951) 826-8259
Email: mrunal.shah@bbklaw.com
All information and pricing provided in our presentation is valid for at least ninety (90) days following the
City’s submittal deadline of March 5, 2025.
Any individual who will perform work for the City is free of any conflict of interest.
I appreciate your consideration of BBK’s proposal and look forward to the opportunity to discuss our
qualifications and other relevant information with you in more detail. In the interim, if there is any
additional information or background material that you require, please do not hesitate to contact me.
Sincerely,
Mrunal M. Shah
of BEST BEST & KRIEGER LLP
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BACKGROUND, QUALIFICATIONS AND EXPERIENCE
(a) Specific Services provided
BBK is a law firm with full-service capabilities and an interconnected network of practices that allow us to
assist our public agency, business and private
clients with their complex, multidisciplinary
issues. Our experienced attorneys and legal
staff share their knowledge and resources to
help clients navigate the ever-changing legal
complexities and regulatory challenges. With
proactive and strategic counsel and
representation, we enable clients to focus on
their businesses while we help them plan for the
future.
In response to the specific services sought by the City as part of its RFQ, BBK proposes to provide bond
counsel and disclosure counsel services related to land-secured financing.
With more than 40 years of experience, BBK’s nationally recognized Public Finance practice group has
acted as bond, disclosure and underwriter’s counsel in financings for public agencies throughout
California and was recognized by Chambers USA in 2024 for California: Public Finance. We are bond
counsel, disclosure counsel and underwriter’s counsel on billions in par value of municipal bonds and are
renowned for creative public finance solutions for construction projects, acquiring new public
infrastructure and land-secured financings. We are also highly regarded for our success in restructuring
troubled debt, enabling underperforming assets to achieve value and pay debt service.
(b) Number of Years In Business
Formed in 1891, BBK is proud to say that we have been entrusted to serve our clients for more than 130
years.
(c) Number of Years Performing Services
BBK has maintained an active public finance practice since 1975 and is one of the leading bond counsel
firms in California
We are bond counsel and
disclosure counsel on billions in
par value of municipal bonds.
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(d) Qualifications of Project Manager and Key Personnel
BBK proposes to staff the CFD projects with partners Mrunal Shah and Kim Byrens , as well as Of Counsel
Jennifer Bradlee, in the Public Finance practice group. The attorneys will be supported by our paralegal
team of Anne McClure and Priscilla Anderson. We have additional staff in public finance, Kenneth Burgess
and Juan Zaragoza, who will assist with the preparation of legal documents and processing the formation
of the CFD from the application of the developer, the conduct of the hearing and the election and the levy
of the special taxes. Any bond issuance will be additionally staffed with partner John Rottschaefer, who
focuses his practice on the federal taxation of municipal bonds.
Mrunal Shah and Kim Byrens will be the key personnel who will be responsible for performance if any
agreement results from the City’s RFQ.
The team proposed to you has unmatched depth of experience in the formation of CFDs, the issuance of
bonds of CFDs, the annual administration of CFDs, and the restructuring of defaulted CFDs.
MRUNAL SHAH
Mrunal Shah serves as bond counsel for numerous CFD formations and bond issuances for public
agencies throughout California since 2002. Her experiences includes CFD formations by both landowner
vote and registered voter elections for residential, commercial and industrial development which finance
public services and infrastructure. Mrunal has served as bond and disclosure counsel for the City of
Rancho Cucamonga and Riverside Unified School District. With each CFD, Mrunal works with staff to
understand the goals and priorities of the public agency and uses these to successfully negotiate funding
agreements with developers. Additionally, Mrunal is well versed in the negotiation of joint community
facilities agreement that allow for the financing of improvements of other public agencies.
Additionally, Mrunal has served as disclosure counsel for several clients in public offerings for several
CFD financings, assisting clients in the preparation of Official Statements and advising on applicable
federal securities laws. Mrunal also regularly provides disclosure training to inform staff and the
governing board of their obligations and duties under applicable federal securities laws.
Mrunal also serves as bond and/or disclosure counsel in connection with CFD and assessment district
financing for the following clients:
City of Azusa City of Colton City of Laguna Beach
City of Ontario City of San Marcos City of San Bernardino
City of Upland Southgate Recreation and Park District Valley Center Municipal Water District
KIM BYRENS
Kim Byrens has participated in the development of standards for increasing the awareness of public
agencies of the credit risks involved when issuing bonds for CFDs since 1990. She acts as bond counsel
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for cities throughout the state and advises cities with respect to the facilities financed, the manner of
conducting the proceedings, the conduct of the election, the levy of the special taxes, the issuance of
bonds, and the administration of the bond funds. Kim helps cities use CFDs as a tool for the City to obtain
premium capital facilities, as well as a mechanism to maintain those facilities. She encourages the
preparation of a funding agreement at the time of formation of a CFD, so that the parameters of the CFD
are understood. She works with developers to create joint community facilities arrangements with other
public agencies. Her negotiating skills and foresight helps cities navigate the development of public
facility programs through CFDs.
Specifically, Kim has helped Jurupa Community Services District negotiate the payment of premium park
improvements (via a per home fee) through CFDs to develop a nationally recognized park program in the
Eastvale service area. Kim has worked as work out bond counsel on several defaulted CFDs (BBK was not
counsel on the original deal), where she had to navigate the negotiation of agreements with existing
bond owners, the conduct of foreclosure proceedings and credit bids at foreclosure sale, the formation
of an overlapping CFD, the preservation of the existing CFD for any current homeowners, the restructure
of defaulted bonds and the issuance of new CFD bonds.
Kim’s disclosure counsel experience includes public offerings, limited offerings and private placements
for CFDs, and she has helped develop increased disclosure standards for new development. She works as
disclosure counsel in many different market environments, which can alter the story of the development,
such as recent times when the need for housing in California is immediate and homes sell rapidly, and
during the great recession when home sales were impeded by hard economic times and high foreclosure
rates.
In addition to the clients described above, Kim has served as bond and/or disclosure counsel for CFD and
assessment district financings for the following clients:
City of Corona City of Encinitas City of Galt
City of Paso Robles Elsinore Valley Municipal Water District
Resumes for the proposed attorney team can be found later in our proposal within the Staffing and
Project Organization section.
(e) Firm Ownership
As a California Limited Liability Partnership, BBK is owned by a number of the firm’s partners who have an
equity stake in the firm.
BBK is governed by a five-member Executive Committee, chaired by Managing Partner Eric Garner, and
elected by the partners. Additional firm leadership includes practice group leaders, office managing
partners and a professional management team.
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(f) Subsidiary Information
BBK is not a subsidiary of a parent company.
(g) Qualifications
We have assembled a very experienced team for the City: Kim Byrens has more than 34 years of
experience as bond counsel for CFDs; Mrunal Shah has more than 20 years of experience as bond counsel
for CFDs; Jennifer Bradlee has been a bond practitioner for more than 10 years; and John Rottschaefer
has practiced in the federal tax area for more than 40 years. Our paralegals have been with BBK for 23
and 18 years and have more than 10 years as public finance paralegals for the formation of CFDs and
assessment districts. BBK has served as bond counsel assisting in the development and implementation
of prolific CFD programs, such as the City’s, throughout the Inland Empire which have assisted public
agencies ensure that both their facilities and services needs are met. Such CFD Programs include:
Client Name CFD Programs
City of Corona 20 CFDs
Jurupa Community Services District 61 CFDs
City of Rancho Cucamonga 12 CFDs
Riverside Unified School District 41 CFDs
These CFDs have been critical to the development of the Inland Empire and expansion of economic
opportunities. The CFDs have provided financing for, among other things, critical water and sewer
improvements, flood control improvements, roads, the establishment and maintenance of an award-
winning park program, premium student housing, police and fire services and the maintenance of
landscaping, street lighting and other public improvements.
RECENT PROJECTS
Role of the firm: Bond Counsel for the City of Corona CFD 2018-1 (Improvement Area No. 2)
Dollar value of the services: $26,000,000
Dollar value of the fee: $105,000
Description of services: Proceedings amending the boundaries of improvement areas and special taxes,
preparation of revisions to funding agreement and joint community facilities agreement, attendance at all
meetings and calls in which project is discussed, review of facilities to be reimbursed and advice regarding
Mello-Roos Act and Federal Tax Law, preparation of all legislative approvals, preparation of all legal documents,
review of all disclosure documents including Official Statement, preparation of all closing documents,
management of execution and delivery of all closing documentation, certificates, instructions and opinions.
Relationship to client: Bond Counsel
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Role of the firm: Bond Counsel for the Jurupa Community Services District Public Financing Authority
Dollar value of the services: $66,365,000
Dollar value of the fee: $161,500
Description of services: Preparation of legislative approvals for the refunding of thirteen CFDS and the issuance
of their bonds together with the issuance of bonds by the Public Financing Authority (PFA), preparation of all
legal documents of each CFD and the PFA. Federal tax law review of expenditures of all of the CFDs and PFA.
Attendance at all meetings and calls in which project is discussed. Review of all disclosure documents including
Official Statement, preparation of all closing documents, management of execution and delivery of all closing
documentation, certificates, instructions and opinions.
Relationship to client: Bond Counsel
Role of the firm: Bond Counsel and Disclosure Counsel for Riverside Unified School District CFD No. 21
Improvement Area No. 1
Dollar value of the services: $5,435,000
Dollar value of the fee: $77,000
Description of services: Preparation of all legislative approvals required for formation of CFD, change
proceedings and issuance of bonds, negotiation of agreements with developer and parties to joint community
facilities agreements, attendance at all meetings and calls in which project is discussed, preparation of all legal
documents, preparation of all disclosure documents including Official Statement, City disclosure certificate and
developer disclosure certificate, preparation of all closing documents, federal tax review and advice,
management of execution and delivery of all closing documentation, certificates, instructions and opinions.
Relationship to client: Bond Counsel and Disclosure Counsel
REFERENCES OF CALIFORNIA GOVERNMENT AGENCIES
Please do not hesitate to contact any of the following references for a more in-depth discussion of our
ability to provide bond and disclosure counsel services for the City.
Reference Project Description
City of Corona
Kim Sitton, Finance Director
(951) 279-3532
kim.sitton@cononaca.gov
Bond Counsel – Corona CFD No. 2018-1 (Bedford) –
Establishment of capital facilities funding plan for
development and the negotiation of acquisition, construction
and funding agreement. Conduct the formation and
amendment proceedings, and bond issuance. Assist the City
with administrative matters relating to disclosure and special
tax levies. Advice on federal tax issues.
Project Dates: Ongoing, primary services: June - September
2024
Staff assigned: Kim Byrens, Jennifer Bradlee, Anne McClure
Final outcome: Bonds issued 2018, 2020 and 2024
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Reference Project Description
Jurupa Community Service District
Steve Popelar, Director of
Administrative Services and Finance
(951) 685-7434
spoppelar@jcsd.us
Bond Counsel – Currently CFD No. 60. Establishment of
capital facilities funding plan for development throughout the
District and the negotiation of acquisition, construction and
funding agreements. We are currently on CFD No. 60 within
the District. We conduct the formation, amendments, and
administration of the CFDs. Advice on federal tax issues. We
have acted as bond counsel on all of the CFDs within the
District.
Project Dates: Ongoing, primary services: March - June 2024
Staff assigned: Kim Byrens, Jennifer Bradlee, Anne McClure
Final outcome: In process
City of Paso Robles
Ryan Cornell, Finance Director
(805) 237-3999 ext. 6650
rcornell@prcity.com
Bond Counsel and Disclosure Counsel – CFD No. 2022-1
(Olsen Ranch) – Establishment of capital facilities funding plan
for development and the negotiation of acquisition,
construction and funding agreement. Conduct the formation
and amendment proceedings. Assist City with continuing
negotiations with developer Working on amendments and
other administrative matters toward bond issuance.
Project Dates: Ongoing , primary services: March –July 2022
Staff assigned: Kim Byrens and Jennifer Bradlee
Final outcome: Formation completed, amendments
continuing due to changes in development plan.
City of Galt
Michael Selling, Public Works
Director
(209) 366-7265
mselling@cityofgalt.org
Bond and Disclosure Counsel – CFD No. 2020-2 (Liberty
Ranch) – Establishment of capital facilities funding plan for
development and the negotiation of acquisition, construction
and funding agreement. Conduct formation proceedings and
bond issuance and administrative matters relating to tax
levies and continuing disclosure. Advice on federal tax issues.
Project Dates: March 2020 - Present
Staff assigned: Kim Byrens and Jennifer Bradlee
Final outcome: Bonds issued in 2023, new issue pending.
Riverside Unified School District
Erin Power, Assistant
Superintendent, Business Services
(951) 788-7135
epower@riversideunified.org
Bond and Disclosure Counsel – Establishment of premium fees
through CFDs for School Facilities. Serve as bond and
disclosure counsel, administrative counsel for disclosure
issues and special tax levies. Advice on federal tax issues
Project Dates: Ongoing, primary services: September 2005 -
Present
Staff assigned: Kim Byrens, Mrunal Shah, Jennifer Bradlee,
Anne McClure
Final outcome: Multiple new money and refunding CFD
financings issued; 2024 Refunding Bonds, CFD No. 21 IA No. 1
2025 Special Tax Bonds, two new bond issues pending.
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FEE SCHEDULE
As a leading public law firm in California, BBK has a longstanding commitment to efficient and cost-
effective delivery of legal services. We are able to address complex legal issues with creativity, speed,
efficiency and accuracy at a fair and reasonable cost.
Our services for the formation of the CFD and the negotiation of agreements with the developer and any
other public agencies will be charged on an hourly basis at our special counsel rates. Such fees will be
paid from the deposit to be made by the developer and held by the City, and are anticipated to be
$40,000.
We generally structure our fees on a fixed basis based upon the size and complexity of the transaction.
Based on our current understanding of the issuance of the CFD Bonds and the involvement of BBK
attorneys in drafting documents relating to the issuance of the CFD Bonds and delivering our legal
opinion, our Bond Counsel fee, including reimbursement for costs, would be a minimum of $35,000 for a
small issue of $5,000,000. However, such fees will increase based upon several variable factors relating
to the bond issue and the time of the attorneys involved.
Our Disclosure Counsel fee will be a minimum amount of $30,000 and a maximum amount of $65,000
depending upon the ultimate size and disclosure requirements of the residential development securing
the CFD Bonds.
If we are awarded the roles of both bond and disclosure counsel we would reduce our fees by $5,000.
Our fee proposal is a firm offer, valid for 90 days following the deadline for submittal to the City.
Hourly Rates
For services performed apart from a bond transaction, our team’s hourly rates are:
Personnel Hourly Rate
Mrunal Shah, Partner $605
Kimberly Byrens, Partner $655
Jennifer Bradlee, Of Counsel $500
John Rottschaefer, Partner $690
Such hourly rates shall increase by three percent each year on July 1, commencing with July 1, 2026.
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Cost Reimbursement
Our fees include all routine word processing, secretarial costs, and office costs associated with the
provision of legal services, including facsimile transmittals and telephone charges.
Reimbursement of costs advanced by us on behalf of the client, as well as other expenses, will be billed in
addition to the amount billed for fees. These currently include, but are not limited to, extraordinary
photocopy charges at $0.25/page; producing or reproducing photographs, documents and other items
necessary for legal representation; and computer research. Additionally, costs include the preparation of
transcript books for each transaction; such costs shall not exceed $2,000.
The amount of reimbursable expenses does not include travel expenses relating to any rating trip or
meeting with bond issuance companies. If the City plans travel, we will attend scheduled meetings and
expect to be compensated for our travel-related expenses.
Requested Exception to the City’s Agreement for Contract Services
We request that the following modification be made to the City’s Agreement for Contract Services:
Exhibit F.1.b.
Indemnification for Other Than Professional Liability. Other than in the performance of professional
services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation
expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and
costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable
to, in whole or in part, the negligent performance of this Agreement by Contracting Party or by any
individual or entity for which Contracting Party is legally liable, including but not limited to officers,
agents, employees, or subcontractors of Contracting Party.
LIST OF COMPLEMENTARY SERVICES OFFERED
In addition to the preparation and publication of the disclosure document, BBK can provide ongoing
training and counsel for the purpose of ensuring that the City complies with its initial and ongoing
disclosure obligations. We can also provide any services with respect to SEC enforcement actions, should
the City ever require such services. Pricing for such trainings or complementary services is available
upon request depending on the type of service needed.
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STAFFING AND PROJECT ORGANIZATION
BBK proposes to staff the CFD projects with partners Mrunal Shah and Kim Byrens , as well as Of Counsel
Jennifer Bradlee, in the Public Finance practice group. Any bond issuance will be additionally staffed with
partner John Rottschaefer, who focuses his practice on the federal taxation of municipal bonds.
Mrunal Shah
Mrunal M. Shah | Partner
mrunal.shah@bbklaw.com | Biography
Mrunal Mehta Shah serves as bond, special and disclosure counsel
for a variety of transactions representing public agencies
throughout the State of California. She has the distinction of being
lead bond counsel for the WRCOG HERO and PACE Programs as
well as the CEDA Bond Program. Mrunal’s experience includes the
financing and refinancing of Mello-Roos Bonds, assessment
district bonds, certificates of participation, lease revenue bonds,
enterprise revenue bonds, general obligation bonds, tax allocation
bonds, pension obligation bonds and property assessed clean
energy bonds. Additionally, she is a leader in the field of “green”
financings. Her CFD clients include the Cities of Upland, Laguna
Beach, San Marcos, Azusa, and San Bernardino, and include other
special districts such as Southgate Recreation and Park District,
Valley Center Municipal Water District.
Mrunal earned a bachelor’s degree from the University of
California, San Diego And she received her law degree from
Tulane University. Mrunal is the practice group leader of the firm’s
Public Finance practice and serves as a co-chair on the firm's
Diversity, Equity & Inclusion Committee.
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Kim Byrens
Kimberly A. Byrens | Partner
kim.byrens@bbklaw.com | Biography
Kim Byrens works on a broad variety of transactions as bond,
underwriter’s or disclosure counsel. Such financings include
Mello-Roos Bonds (CFDs), sales tax revenue bonds, Marks-Roos
Joint Financing Authority lease or enterprise revenue bonds,
revenue bonds, tax allocation bonds, and certificates of
participation. She has participated in many competitive and
negotiated financings.
Kim serves as bond counsel to municipal clients all over the State
of California. She has assisted development as bond counsel for
Community Finance Districts, including very large CFDs in
suburban communities experiencing rapid growth and requiring
new infrastructure. Her CFD clients include the City of Chula
Vista, the City of Azusa, Jurupa Community Services District,
Riverside Unified School District, the City of Corona, Elsinore
Valley Municipal Water District, the City of Paso Robles, the City
of Galt, and the City of Palm Springs. She has also served as bond
counsel for several complex special tax bond restructures, which
required creativity to revive development. Kim has assisted all of
her clients with the establishment and maintenance of a debt
program and regulatory compliance with federal tax law for tax-
exempt bonds and 15c2-12 continuing disclosure compliance. She
has worked on many structured financings, including variable rate
demand obligations, commercial paper notes and the
restructuring of these types of variable rate obligations.
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Jennifer Bradlee
Jennifer Bradlee | Of Counsel
jennifer.bradlee@bbklaw.com | Biography
Jennifer Bradlee advises clients on a wide range of public projects
from start to finish, or at various points as needed during project
progress. Jennifer serves as bond, special, disclosure and
underwriter’s counsel in financings for public agencies
throughout California. She has comprehensive experience in
public finance, taxation, facilities and business, and local
government issues. Jennifer advises clients on a variety of matters,
including facilities funding, public agency bonds, bond elections,
public contracts, Mello-Roos community facilities districts, lease
financings, taxation and other transactions. Jennifer earned a
bachelor’s degree from Saint Mary’s College of California. She
received her law degree from Santa Clara University School of
Law and earned a LL.M. in taxation from the University of San
Francisco School of Law.
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John Rottschaefer
SUBCONTRACTING SERVICES
At this time, BBK does not anticipate utilizing any subcontractors for any part of the scope of services
included within the City’s RFQ.
DISCLOSURES
Like other large law firms, BBK has been sued occasionally by clients alleging malpractice. None of the
attorneys listed in this proposal have been named in any lawsuits or complaints in the past five years.
There have been no actions against matters relating to the Public Finance department in the last five
years.
Lawrence Jay Jacobson; Darlene Anne Bolivar v. Lavine & Associates CPA, Inc., a California corporation;
Jon M. Lavine, an individual; Lois W. Williams, an individual; Bruce G. Holden, an individual; Best, Best &
Krieger, LLP, a California Limited Liability Partnership; Gordon Rees Scully Mansukhani, LLP, a California
Limited Liability Partnership; Nexus Development Corporation, a Delaware corporation; NDC, Long
Beach, LLC, a dissolved Delaware Limited Liability Corporation; Curtis r. Olson, an individual; Matthew B.
John R. Rottschaefer | Partner
john.rottschaefer@bbklaw.com | Biography
John Rottschaefer handles federal tax matters with respect to
municipal bonds and enjoys a well-established reputation
throughout California in this highly distinct field. He is a partner
in the Public Finance practice group of BBK. John provides
technical advice with respect to many derivative products,
forward purchases, swaps, sales-of-call rights and other unique
financing methods.
He actively participates in structuring transactions and the
various tax, legal and policy considerations involved. John has
been engaged throughout his practice to assist agencies with
compliance of federal tax-exempt requirements, restructures
of defeasance escrows and has help guide clients through IRS
audits of tax-exempt bonds.
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Kaufman, an individual; Larry D. Vince, an individual; Scott R. Magee, an individual; Sandra J. Hartness, an
individual; Asset Investments, Inc., a dissolved California corporation. Orange County Superior Court
Case No. 30-2022-01269337-CU-RI-WJC. The plaintiffs are beneficiaries of a family trust. BBK attorney
Bruce Holden represented the trustee of the family trust in administering the trust. Mr. Holden left BBK
to join a different law firm over 10 years ago. The plaintiffs allege that Mr. Holden conspired with the
trustee to misuse trust assets. The plaintiffs sued BBK as well as Mr. Holden’s new law firm. BBK denies
the allegations and intends to vigorously defend itself in the lawsuit.
Daniel Horwath, individually and as trustee of the Daniel & Rosa Horwath Family Trust Dated September
1, 2000, and as liquidating member of Violet Street Properties, LLC v. S&H Packing & Sales Co., Inc., a
California corporation; Robert Underwood, an individual; Vido Artukovich, an individual; Buchalter, a
professional corporation; Hill, Farrer & Burrill, LLP; Peter Knepper, an individual; BuxBaum HCS, LLC, a
California limited liability company; Best Best & Krieger LLP; and Does 1-100, inclusive. Los Angeles
County Superior Court case number 22STCV37042. This lawsuit is part of an intra-family corporate
governance dispute. The Plaintiff sued BBK and two other large law firms, along with multiple individuals
associated with a corporation. The lawsuit alleges that the individuals improperly paid significant legal
fees to the three law firms, and that the law firms conspired with the corporate directors to do so. BBK’s
position is that it performed appropriate legal services to earn the fees paid. BBK intends to defend the
case vigorously.
In re Matter of Susan S. Irving, v. Best Best & Krieger LLP, a business entity, form unknown; Donald F.
Zimmer, an individual employed or formerly employed at Best, Best & Krieger; Christopher L. Carpenter,
an individual employee or formerly employed at Best, Best & Krieger; and Does 1-10, inclusive. San
Bernardino County Superior Court, Case No. CIVSB2409448, March 20, 2024. This is a complaint for
damages for an alleged malpractice stemming from an estate planning that occurred in 2010. On June 18,
2024, Mr. Donald Zimmer and Mr. Christopher Carpenter were dismissed from the matter with
prejudice. BBK intends to vigorously defend the matter.
Conflicts of Interest Statement
BBK maintains a detailed database of client information. Before proposing to represent a new client, the
database is accessed to determine whether any conflicts of interest exist. Additionally, each attorney is
emailed a description of the proposed representation and asked to comment on any potential conflicts.
This database is overseen and managed by our firm’s Billing and Client Information Department. After
checking the database and consulting our attorneys, we have concluded that BBK does not have any
actual conflict of interest that would disqualify us from serving as legal counsel for the City of La Quinta.
However, BBK does represent other clients on matters where there is the potential for a future conflict
to arise with the City of La Quinta. First, BBK represents its longtime client Coachella Valley Association
of Governments on the CV Link Project that could possibly involve the City of La Quinta. Second, BBK
represents various clients on water matters that could possibly involve the City of La Quinta. For these
reasons, we will need the City of La Quinta to provide an advance waiver to represent its other clients
should a conflict arise in the future.
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EXPLANATION OF METHODOLOGY
Services Related to the Establishment of Community Facilities Districts
Our services for forming a CFD start with meeting the client and its Municipal Advisor. The purpose is to
set goals of the City for the essential needs from the development in addition to the funding of basic
public improvements or additional services. Following that meeting, services will include:
Working with the City team and the developer team to ensure that there is a good understanding
of the timing and scope of the public facilities to be funded through the CFD. All of this will be at
the timeframe dictated by the City’s team.
Reviewing the special tax formula to be prepared for each CFD and consulting with the City, the
Municipal Advisor and the Special Tax Consultant to ensure the goals of the City are met. We will
attend all meetings at which the special tax is discussed as well as all meetings at which the
facilities to be financed are discussed.
Preparing all legislative approvals and notices for the formation of the CFD. We will prepare any
scripts for the Mayor to conduct the hearing and election. We will also assist City staff with the
preparation of reports and presentations to Council and assist the City Clerk with the conduct of
the election. We will prepare all resolutions, ordinances and other documentation for the
submission of the levy of special taxes to the County Treasurer-Tax Collector. This will be
deliverable at the times set out in a calendar of events which we will assist the Municipal Advisor in
preparing. For each action to be taken in the formation of the CFD by the Council, a BBK attorney
will attend.
Preparing the funding agreements necessitated by the development and the formation of the
CFD. If any other public agency is going to receive proceeds of the bonds, we will prepare the joint
communities facilities agreement between the City, the developer and the other public agency.
Services Related to the Community Facilities Districts Bond Issuance
Our services related to the CFD bond issuance will include:
Working with the City and the financing team to set the goals and prepare the approving
resolution and financing documents for review by the entire team. Upon establishing the basic
terms of the bonds and the not-to-exceed parameters of the borrowing, we will present items to
the Council for approval. Deliverable items during this stage of the process will include the fiscal
agent agreement/indenture, approving resolution of the city council, bond purchase agreement
and the Official Statement.
Prior to bringing the financing to Council for review, assisting the City team with the preparation
of any presentations or reports to Council and will attend all meetings at which the financing is
discussed.
Upon the successful sale of the securities by the underwriter, finalizing the bond terms in the
fiscal agent agreement/indenture; prepare and circulate the closing certificates and opinions to
be delivered by the various participants in the transaction. After comments have been received by
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CITY OF LA QUINTA
the participants, we will circulate all documents and certificates for signature by the relevant
parties.
Conducting a pre-closing meeting the day prior to the delivery of the bonds at our offices, and
delivering the pre-closing materials virtually to all participants in the transaction. We will also
deliver our final opinion as bond counsel, any additional or supplemental opinions requested by
the underwriter. Upon successful delivery of the bonds, we will finalize the transcript and deliver
it to the financing participant in a digital closing binder. we will provide the City with additional
transcripts in the format of its choice, and will always make ourselves available to discuss ongoing
administrative issues with respect to the bonds.
Disclosure Counsel Services
We understand the City is seeking disclosure counsel services that include, but are not limited to
conferring with the City and other financing team members, including the developer, appraiser, market
absorption consultant and the City Municipal Advisor, regarding the financing and the scope of due
diligence inquiry to be conducted; preparing the drafts of a Preliminary Official Statement relating to the
sale of the CFD bonds and advising the City as to the scope of disclosure, the sources of all information,
and its compliance with applicable securities laws; attending administrative or financing team meetings
at which the financing is discussed when requested to attend or when attendance is deemed necessary;
facilitating the printing of the Preliminary and Final Official Statements; any additional support or
documentation related to the role of Disclosure Counsel and required for closing and ongoing advice on
continuing disclosure requirements and prepare certificates and agreements to comply with applicable
securities laws. As part of our disclosure counsel services, we will provide training to the City’s finance
and administration staff for initial and continuing disclosure compliance.
Our role as disclosure counsel will include the following:
Assemble and prepare preliminary and final official statement; undertake such independent
inquiry as may be necessary at the time of initial offering to render an appropriate disclosure
opinion. This includes review, for disclosure purposes, reports of the appraiser and market
absorption consultant and developer, together with any intended investment arrangement for the
proceeds of the proposed bonds.
Review legal documents and approving resolutions prepared by bond counsel for disclosure
purposes and in particular review compliance with the disclosure of Rule 15c2-12.
Review materials to be distributed at any investor presentations.
Render an appropriate disclosure counsel opinion which will describe the nature of our review and
inquiries and indicate that the issuer has appropriately disclosed all material information with
respect to the financing in the disclosure document.
Provide, as required, legal advice with respect to an “event” disclosure under Rule 15c2-12
Review the City’s process for approval of the Official Statement and make such recommendations,
if necessary, to comply with the anti-fraud provisions of the 1933 Act, in light of recent actions
against tax-exempt issuers by the Securities Exchange Commission.
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CITY OF LA QUINTA
NON-COLLUSION AFFIDAVIT
Please find on the following page an executed Non-Collusion Affidavit, executed by an official authorized
to bind the firm.
Page 7 of 7
ATTACHMENT 1
NON-COLLUSION AFFIDAVIT FORM
Must be executed by submitter and submitted with the presentation
I, ________________________________________ (name) hereby declare as follows:
I am _________________________________ of ______________________________,
(Title) (Company)
the party making the foregoing presentation, that the presentation is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that
the presentation is genuine and not collusive or sham; that the submitter has not directly or indirectly
induced or solicited any other submitter to put in a false or sham presentation, and has not directly or
indirectly colluded, conspired, connived, or agreed with any submitter or anyone else to put in a sham
presentation, or that anyone shall refrain from proposing; that the submitter has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
presentation price of the submitter or any other submitter, or to fix any overhead, profit, or cost element
of the presentation price, or of that of any other submitter, or to secure any advantage against the public
body awarding the agreement of anyone interested in the proposed agreement; that all statements
contained in the presentation are true; and, further, that the submitter has not, directly or indirectly,
submitted his or her presentation price or any breakdown thereof, or the contents thereof, or divulged
information or data relative hereto, or paid, and will not pay, any fee to any corporation, partnership,
company, association, organization, presentation depository, or to any member or agent thereof to
effectuate a collusive or sham presentation.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Submitter Signature: __________________________________________________
Submitter Name: __________________________________________________
Submitter Title: __________________________________________________
Company Name: __________________________________________________
Address: __________________________________________________
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䵲畮慬⁍⸠卨慨
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Best Best & Krieger LLP