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HomeMy WebLinkAbout2007-232 . 1 RESOLUTION NO. 2007-212 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AMENDMENTS TO THE 3 AGREEMENTS WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON ALVAREZ v. CITY OF SAN BERNARDINO AND CITY OF SAN BERNARDINO REDEVELOPMENT 4 AGENCYv.ALVAREZ. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City Amendments to the Professional Services Agreements 9 between the City of San Bernardino and Arias & Lockwood for legal services, copies of which are 10 attached hereto marked Exhibit "A" and Exhibit "B" and incorporated herein by reference as fully as 11 though set forth at length. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no 13 further effect if the agreements are not executed by both parties and returned to the Office of the City 14 Clerk within sixty (60) days following the effective date of the resolution. 15 1/1 16 1/1 17 1/1 18 1/1 19 1/1 20 1/1 21 1/1 22 1/1 23 1/1 24 11/ 25 1/1 26 1/1 27 1/1 28 11/ F:\ROTH\RESOS\Alvarez Arias Amend Prof Svc Agrmt. wpd 1 1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AMENDMENTS TO THE AGREEMENTS 2 WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON ALVAREZ v. CITY OF SAN BERNARDINO AND CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY v. 3 ALVAREZ, et al. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the~day 6 of Julv ,2007, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA --1L- 9 BAXTER --1L- 10 BRINKER --X- 11 DERRY --X- 12 KEllEY --X- 13 JOHNSON ---X....- 14 MC CAMMACK ---X....- 15 ~ehvJV ~ach. el Clark, City Clerk {)Ml PJ XJwn~editnaJJ ~JAfu The foregoing Resolution is hereby approved this tt day of Julv ,2007.. G 16 17 18 19 20 21 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 f.f~ 25 26 27 28 F:\ROTH\RESOS\Alvarez Arias Amend Prof Svc Agnnt. wpd 2 2007-232 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Jaime Alvarez, et al., v. City of San Bernardino, et al. U.S. District Court, No. CV-OO-03048 GHK (RCx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Jaime Alvarez, et al., v. City of San Bernardino, et aI., U.S. District Court, No. CV -00-03048; and B. WHEREAS, JOSEPH ARIAS is now with the firm of ARIAS & LOCKWOOD (A&L); and, C. WHEREAS, the Parties wish to amend the Agreement to reflect JOSEPH ARIAS' current firm and fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L will be representing the City in Alvarez, et aI., v. City of San Bernardino. 2. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law ClerksJParalegals - $70 per hour 3. All communication and notices to A&L shall be directed as follows: Arias & Lockwood 225 W Hospitality Ln #314 San Bernardino, CA 92408 4. All remaining terms of the Agreement will remain the same. ?~,>/tJ 7 ,2007 ARDINO ,2007 Dated: Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Alvarez Agrmt Amendment 071607. wpd . 2007-232 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT City of San Bernardino Redevelopment Agency v. Alvarez. et al. San Bernardino Superior Court No. SCVSS 86091 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in City of San Bernardino Redevelopment Agency v. Alvarez, et aI., San Bernardino Superior Court No. SCVSS 86091; and B. WHEREAS, JOSEPH ARIAS is now with the firm of ARIAS & LOCKWOOD (A&L); and, C. WHEREAS, the Parties wish to amend the Agreement to reflect JOSEPH ARIAS' current firm and fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L will be representing the City in City of San Bernardino Redevelopment Agency v. Alvarez, et al. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law ClerkslParalegals - $70 per hour 3. All communication and notices to A&L shall be directed as follows: Arias & Lockwood 225 W Hospitality Ln #314 San Bernardino, CA 92408 All remaining terms of the Agreement will remain the same. //U~ Fred Is , ity Manager J seph Arias, Partner 4. Dated: Approved as to form: JAMES F. PENMAN, City Attorney greementsWvarez Agrmt Amendment (RDA) 071607.wpd F: