HomeMy WebLinkAbout2004-2751
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RESOLUTION NO. 2004-275
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL
ADVICE TO OLD WATERMAN CANYON FIRE VICTIMS AND/OR PROPERTY OWNERS
WITHIN THE CITY'S LIMITED SPHERE OF INFLUENCE AND DECLARING THE CITY TO
BE SELF -INSURED FROM AUGUST 26, 2004 UNTIL THE EFFECTIVE POLICY DATE OF THE
LAWYERS PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY
CLAIMS, LAWSUITS AND/OR JUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE
GIVEN TO SAID VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS
DAMAGED OR DESTROYED IN SAID OLD WATERMAN CANYON FIRE.
WHEREAS, the City of San Bernardino is a self -insured entity for the first One Million Dollars
($1,000,000.00) of authorized City activities; and
WHEREAS, the City Attorney's Office was authorized on August 26, 2004 to provide legal advice
to Old Waterman Canyon Fire County victims and/or property owners within the City's limited sphere of
influence, such authorization not including litigation and not extending beyond December 31, 2004, in
accordance with Resolution No. 2003-295; and
WHEREAS, the City Attorney's Office was further authorized on August 26, 2004, in accordance
with Resolution No. 2003-295, to seek purchase of lawyers professional liability insurance to cover the City's
attorneys and support staff associated with this temporary program effort; and
WHEREAS, the City of San Bernardino declares that it is self -insured for One Million Dollars
($1,000,000.00) from August 26, 2004 until the effective policy date of obtained lawyers professional
liability insurance for professional liability claims, lawsuits and/or judgments, etc. arising from the legal
advice given to the afore -mentioned victims and/or property owners within the City's limited sphere of
influence, whose property was damaged or destroyed in said Old Waterman Canyon Fire; and
WHEREAS, the Council hereby ratifies said August 26 authorization so as to include those afore-
mentioned Old Waterman Canyon Fire County victims and/or property owners within the City's limited
sphere of influence, whose property was damaged or destroyed by said fire.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. From August 26, 2004 until the effective policy date of obtained lawyers
professional liability insurance for professional liability claims, lawsuits and/or judgments, etc. arising from
the legal advice given to the afore -mentioned victims and/or property owners within the City's limited sphere
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2004-275
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL
2 ADVICE TO OLD WATERMAN CANYON FIRE VICTIMS AND/OR PROPERTY OWNERS
3 WITHIN THE CITY'S LIMITED SPHERE OF INFLUENCE AND DECLARING THE CITY TO
BE SELF -INSURED FROM AUGUST 26, 2004 UNTIL THE EFFECTIVE POLICY DATE OF THE
4 LAWYERS PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY
CLAIMS, LAWSUITS AND/OR JUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE
5 GIVEN TO SAID VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS
DAMAGED OR DESTROYED IN SAID OLD WATERMAN CANYON FIRE.
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of influence, whose property was damaged or destroyed in said Old Waterman Canyon Fire, the City of San
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Bernardino hereby declares that it is self -insured for One Million Dollars ($1,000,000.00) for professional
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liability claims, lawsuits and/or judgments, etc. arising from the legal advice given by the attorneys in the
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San Bernardino City Attorney's Office to said afore -mentioned victims and/or property owners within the
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City's limited sphere of influence, whose property was damaged or destroyed in the Old Waterman Canyon
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Fire.
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SECTION 2. The City of San Bernardino hereby covenants and agrees to defend, indemnify, and
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hold harmless the attorneys in the City Attorney's Office of the City of San Bernardino as well as each of
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their successors, assigns, agents and all persons acting by, through, under or in concert with any of them who
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are employed in the City Attorney's Office, for the legal advice given by the attorneys in the San Bernardino
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City Attorney's Office to said afore -mentioned victims and/or property owners within the City's limited
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sphere of influence, whose property was damaged or destroyed by the Old Waterman Canyon fire for the
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period of August 26, 2004 until the effective policy date of obtained lawyers professional liability insurance
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for professional liability claims, lawsuits and/or judgments, etc. arising from the temporary program of
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providing legal advice, including but not limited to, interpreting insurance policies and assisting in claims,
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but not including litigation or beyond December 31, 2004, as conducted by the San Bernardino City
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Attorney's Office through its attorneys and staff.
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2004-275
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL
ADVICE TO OLD WATERMAN CANYON FIRE VICTIMS AND/OR PROPERTY OWNERS
WITHIN THE CITY'S LIMITED SPHERE OF INFLUENCE AND DECLARING THE CITY TO
BE SELF -INSURED FROM AUGUST 26, 2004 UNTIL THE EFFECTIVE POLICY DATE OF THE
LAWYERS PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY
CLAIMS, LAWSUITS AND/OR JUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE
GIVEN TO SAID VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS
DAMAGED OR DESTROYED IN SAID OLD WATERMAN CANYON FIRE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
Council of the City of San Bernardino at a Joint regular meeting thereof, held on the 7 th
day of September 2004, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA %
LONGVILLE X
MCGINNIS x
DERRY R
KELLEY X
JOHNSON X
MCCAMMACK X
Rach G. Clark, City Clerk
The foregoing Resolution is hereby approved this —bn- day of September 2004.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: P�vw
i'VALLES, Mayor
San Bernardino
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