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CITY.OF SAN BERN~INO - REQUEST Fe:) COUNCIL ACTION
From: BARBARA PACHON, DIRECTOR OF FINANCE Subject: PROFESSIONAL SERVICES AGREEMENT WITH
SABO & GREEN
Dept: FINANCE
Date: NOVEMBER 3, 1994
,ynopsis of Previous Council action:
. Re~olution #94-294 approved on 9/19/94
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~ecommended motion:
Adopt Resolution
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~ Signature
:ontact person:
Barbara Pachon, Director of Finance
Phone:
5242
upporting data attached:
Ward:
'UNDING REOUIREMENTS:
Amount:
Source: (Acct. No.) 755-000-20103
(Acct. DescriPtion)
Finance:
ouncil Notes:
;-0262
Agenda Item No.
q
CITY OF SAN BERNA;tDINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
At the September 19, 1994 meeting of the Mayor and Common Council,
resolution #94-294 was approved. Within this resolution, it named
Sabo & Green, a Professional Corporation, as Counsel of record for
representing the City in judicial foreclosures of special tax liens
,for Assessment District 995.
Cost will only be incurred if Sabo & Green must act on the judicial
foreclosures. If costs are incurred, they will be billed and paid
by the delinquent party in A.D. 995.
:;=__~':' _;\J~_IlJISTRA TOp! S '~D.TE;
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AT THE MEET:NG O~ THE M.g"OR AND COMMON COUNCIL HE~D SE:"7::MBER 19, 2.99L
RESO~UTIOi,; No, ~l~--"=:,!... '.;.':~ A:!}~::'T("D WHTCH ~h"7'"T=~~"". I"'!'T:-'I"f\! ~Ot;;::-''''' ......:;:-LiC.;..- f\""'-TI~t"C
-~ -. ~...... -,'..- -_~ ,_.w.......I.-....J.~.~ ' L\...v~;;'.....u,,~ /-',vl v.....
:E' ATIVE TO SPECIFIED CASES AND NA~ED SABO AND GREEN AS THE CGJ~SE~ OF RECORD,
- ll:TACH::D RE:2.0l...~:--:-ION AUTHDR=Z:~<; T~E EXECL:-I':Y~ ,~:~ L.', hG;EEMEi,:~ ",':-;-'=.A?::} l:.;':-
Gp. _;, =OR~iA~:ZE2 ~nt,T AC:ION,
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RESOLUTION NO.
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 meeting thereof, held on the ____
day of , 1994, by the following vote, to wit:
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
PROFESSIONAL SERVICES AGREEMENT WITH SABO & GREEN, A PROFESSIONAL
2 CORPORATION.
3
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN ABSENT
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
8 DEVLIN
9 POPE- LUDLAM
10 MILLER
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16
CITY CLERK
of
The foregoing resolution is hereby approved this
, 1994.
day
Tom Minor, Mayor
17 City of San Bernardino
18 Approved as to form
and legal content:
19
JAMES F. PENMAN
20 City Attorney
21
22 By:
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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.
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15.
No continuing education expenses are to be included in
billings.
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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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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 -).1 ,1994.
SABO & GREEN
~
By: Charles R. Green
DATED:
, 1994.
CITY OF SAN BERNARDINO
By: Tom Minor, Mayor
APPROVED AS TO FORM
AND LEGAL CONTENT
ATTEST:
JAMES F. PENMAN
City Attorney
Rachel Clark, City Clerk
By: Richard J. Morillo
Sr. Asst. City Attorney
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RESOLUTION NO.
Q.d.-~9 4
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO. 94-226 AND RATIFYING JUDICIAL
FORECLOSURE ACTIONS BEARING CASE NOS.
SCV09593, SCV09594, SBCI09793, SCV09790 AND
SCV14609
WHEREAS, on June 18, 1990, the City of San Bernardino
("City")
created Communi ty Facili ties District No.
995
("District") pursuant to the Mello-Roos Community Facilities Act
of 1982, codified at General Code Section 53311 .!t!;. sea. ("Act");
and
WHEREAS, pursuant to the Act, in December, 1990, the
City issued $7,325,000 Special Tax Limited Obligation Bonds,
which are secured by the special taxes authorized to be levied
against all parcels within the District; and
WHEREAS, certain sums of special taxes duly levied
pursuant to the Act against certain undeveloped parcels within
the District subsequently became delinquent and remain unpaid;
and
WHEREAS, pursuant to Section 53356.1 of the Act, on
January 14, 1994 and January 24, 1994, four (4) actions for
judicial foreclosure of special tax liens were commenced in the
San Bernardino Superior Court on behalf of the City against San
Bernardino S.B. Five, Limited Partnership, Lakeview Development
Company, One Forty Seven Limited Partnership, American National
(sic) Bank, Donald E. Davis, Ruth Newbury, Irving M. Feldkamp
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94-294
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1 III, Orange Coast Title Company, Ken A. Kazarian, James C. Bice,
2 Brimar Industries, Inc., and Does 1-100, bearing Case
3 Nos. SCV09593, SCV09594, SBCI09793, and SCV09790; and
4
5 WHEREAS, on August 1, 1994, the Mayor and Common
6 Council adopted Resolution No. 94-226 Authorizing The Filing Of
7 A Judicial Foreclosure Action Against California Properties Fund
8 And Ratifying Judicial Foreclosure Actions Bearing Case
9 Nos. SCV09593, SCV09594, SBCI09793 and SCV09790; and
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11 WHEREAS, the City Clerk's office failed to obtain the
12 necessary signatures for Resolution No. 94-226 within the
13 required five (5) day period; and
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15 WHEREAS, on August 11, 1994 and August 12, 1994,
16 Substitutions of Attorney were filed in San Bernardino Superior
17 Court Case Nos. SCV09593, SCV09594, SBCI09793 and SCV09790
18 substituting Sabo & Green, A Professional Corporation as counsel
19 of record for the City in place and instead of the Law Offices of
20 Robert A. Owen; and
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22 WHEREAS, pursuant to Section 53356.1 of the Act, an
23 action for judicial foreclosure of the delinquent special tax
24 liens associated with the undeveloped parcels owned by California
25 Properties Fund within the District was commenced in the
26 San Bernardino Superior Court on behalf of the City.
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1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
3 DETERMINE AND ORDER AS FOLLOWS:
4
5 Section 1. The City hereby rescinds Resolution
6 No. 94-226 which was adopted on August 1, 1994.
7
8 Section 2. The City hereby ratifies the judicial
9 foreclosure actions filed on January 14, 1994, January 24, 1994
10 and August 15, 1994 bearing San Bernardino Superior Court Case
11 Nos. SCV09593, SCV09594, SBCI09793, SCV09790 and SCV14609.
12
13 Section 3. The City hereby ratifies the
14 Substitutions of Attorney filed on August 11, 1994 and August 12,
15 1994 in San Bernardino Superior Court Case Nos. SCV09593,
16 SCV09594, SBCI09793 and SCV09790, substituting Sabo & Green, A
17 Professional Corporation as counsel of record for the City in
18 place and instead of the Law Offices of Robert A. Owen.
19 I I I
20 III
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22 III
23 III
24 III
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26 III
27 III
28 III
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94-294
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 94-226 AND RATIFYING
JUDICIAL FORECLOSURE ACTIONS BEARING CASE NOS. SCV09593,
SCV09594. SBCI09793, SCV09790 AND SCV14609
Section 4.
This Resolution shall become effective
immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
reqular
meeting
thereof, held on the
19th
day of Seotemb..r
1994, by the following vote, to wit:
AYES:
Council Members Nearete. Curlin. Hp-TnAnnl:lo'7
Oberhelman, Devlin, Pope-Ludlam
and Miller
NAYS:
ABSENT :
~e~
The foregoing resolution
is hereby approved this
22nd
day of September
, 1994.
-/G~~t#L
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City A~ttorneY ,/)
By: ~.'d~
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94-294
c
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STATE OF CALIFORNIA
COUNTY OF
On before me,
(here insert name and title of the officer), personally appeared
, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s)
whose name (s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies) , and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)