HomeMy WebLinkAbout1994-347
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RESOLUTION NO. \;)A >A7
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
PROFESSIONAL SERVICES AGREEMENT WITH SABO & GREEN, A PROFESSIONAL
CORPORATION.
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 to sign and execute, on behalf of said City, the
Professional Services Agreement which is the contract with Sabo & .
Green, a Professional Corporation. This contract is a result of
the action taken at the September 19, 1994 Council meeting when
Council approved resolution number 94-294.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 21st
day of November
, 1994, by the following vote, to wit:
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94-347
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
PROFESSIONAL SERVICES AGREEMENT WITH SABO & GREEN, A PROFESSIONAL
2 CORPORATION.
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COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN X
HERNANDEZ X
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OBERHELMAN X
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DEVLIN X
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POPE-LUDLAM X
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MILLER X
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14 The foregoing resolution is hereby approved this 22nd day
of November , 1994.
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By; ,jJ Nhv;fiJ. (lJ
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~7~-)JI/;~
Tom Minor, Mayor
City of San Bernardino
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94-347
PROFESSIONAL SERVICES AGREEMENT
Assessment District 995
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of SABO & GREEN (hereinafter "S&G") are the parties to
this Agreement.
2. S&G will be representing the CITY OF SAN BERNARDINO in
connection with the resolution of five (5) actions for judicial
foreclosure of special tax liens arising out of delinquent
Community Facilities District No. 995 special taxes.
3. S&G shall be paid at the hourly rates set forth below:
Principal
Associate
Paralegal
Clerks
Attorneys - $140.00 per hour;
Attorneys - $120.00 per hour;
and Law
- $ 90.00 per hour;
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges,
photocopying, postage, lodging, mileage and related travel costs
shall be itemized when submitted to the CITY for reimbursement.
S&G may include a single charge in an amount not to exceed four
percent (4%) of fees in lieu of reimbursement for photocopying,
telephone charges, and postage.
6. If attorney's fees are charged "portal to portal"
(e.g., from office to court and return), then S&G shall not be
entitled to reimbursement for mileage and parking fees.
7. S&G shall obtain approval from the CITY to retain
expert consultants and other professionals (not including court
reporters) for purposes of defending the litigation. S&G may, if
it chooses, pay the fees and charges of such consultants and seek
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reimbursement from CITY on its periodic statement, or it may
forward the consultant's bill to CITY with a request that the CITY
pay it directly. Consultants shall not bill the CITY directly
without prior approval of the CITY'S Finance Department.
8. Status reports will be submitted to CITY through the
City Attorney's Office whenever any significant event occurs, and
in any event at least quarterly. Information sufficient to set
reserves, including, without limitation, potential liability
exposure and percentage of fault shall be included.
9. Copies of all opinions, pleadings, discovery and
motions shall be provided to the City Attorney's Office which may
reproduce same and provide copies to other parties or attorneys in
this, or other litigation.
10. Copies of any correspondence and other documents sent
to any of the defendants in this action shall also be provided to
the CITY through the City Attorney's Office.
11. Any and all settlements shall require CITY approval.
Request for settlement authority shall be made through the City
Attorney's Office which shall obtain the necessary CITY approvals.
12. In the event the settlement value of the case appears
to exceed $50,000, the City Attorney's Office shall be notified
immediately.
13. Only Charles Green of S&G or other Senior Attorney
approved by the CITY shall try this case.
14. No client development costs are to be included in
billings.
15. No continuing education expenses are to be included in
billings.
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94 347
16. Final billing shall be accompanied by copies of the
Request for Dismissal, Satisfaction of Judgment, Release and any
other final documents.
17. Either party may terminate this contract at will. S&G
will continue to represent the CITY on the terms and conditions in
this Agreement until the case and file are transferred to another
attorney.
18. S&G is an independent contractor as to the CITY.
19. S&G shall maintain the following types of insurance
with limits as shown:
a) Workers Compensation as required by the laws
of the State of California.
b) Comprehensive General Liability Insurance
coverage. The policy shall have at least a combined
single limit of $1,000,000 for bodily injury and
property damage.
c) Professional Liability Insurance with limits
of at least $1,000,000 per claim.
S&G shall furnish or cause to be furnished certificates
of insurance evidencing the insurance coverage above required,
which certificates shall provide that such insurance shall not be
terminated or expire without thirty (30) days written notice to
the City Attorney's Office, and shall maintain such insurance from
the time S&G commences performance of services hereunder until the
completion of such services.
All policies required above are to be primary and non-
contributing with any insurance or self-insurance programs carried
or administered by the CITY or other parties represented under
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94-347
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this Agreement
20. All communications and billings to the CITY are to be
directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
DATED: q"J. I ,1994.
SABO & GREEN
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By: Charles R. Green
DATED: //~ 1.3 ,1994.
CITY OF SAN BERNARDINO
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By: Tom inor, Mayor
APPROVED AS TO FORM
AND LEGAL CONTENT
ATTEST:
JAMES F. PENMAN
City Attorney
cJ.NL ~
l~Clark, City Clerk
By:
Sr.
d J. Morillo
City Attorney
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