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1 RESOLUTION NO. 2007-235
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
3 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON FRANK
INGRAM, Ill, et al. v. CITY OF SAN BERNARDINO, et aL
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
7 directed to execute on behalf of said City an Amendment to the Professional Services Agreement
8 between the City of San Bernardino and Arias & Lockwood for legal services, a copy of which is
9 attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth
10 at length.
11 SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the Office of the City
13 Clerk within sixty (60) days following the effective date of the resolution.
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F:\ROTIIIRESOSlIngram Arias Amend Prof Svc Agrmt wpd 1
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1 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON FRANK
INGRAM, Ill, et al. v. CITY OF SAN BERNARDINO, et a1.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 joint
Common Council of the City of San Bernardino at a rellular meeting thereof, held on the ...!2.day
5
of Tll1y , 2007, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA ------L.
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BAXTER ------L.
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BRINKER ------L.
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DERRY ----L.
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KELLEY ----L.
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JOHNSON x
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MC CAMMACK x
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R.o.eke! CJ~
Rachel Clark, City Clerk
The foregoing Resolution is hereby approv~ ~~~~~~~
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Approved as to form:
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JAMES F. PENMAN,
23 City Attorney
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P,IROTH\RESOSIlngram Arias Amend Prof Svc Agnnt.wpd 2
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2007-235
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Ingram, Frank III, et al. v. City of San Bernardino, et al.
U.S. District Court No. EDCV05-00925 V AP (SGLx)
A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH
ARIAS, fonnerly of ARIAS AAEN (AA), (jointly, the "Parties") previously entered into an Agreement
wherein JOSEPH ARIAS would represent the City in Ingram, Frank III, et al. v. City of San Bernardino,
et al., U.S. District Court No. EDCY05-00925 YAP (SGLx); and,
B. WHEREAS, ARIAS AAEN is now known as ARIAS & LOCKWOOD (A&L); and,
C. WHEREAS, the Parties wish to amend the Agreement to reflect JOSEPH ARIAS'
current finn and fees;
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. A&L will be representing the City in Ingram, Frank III, et al. v. City of San Bernardino,
et al., U.S. District Court No. EDCY05-00925 YAP (SGLx); and, .
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 tenns of the Agreement will remain the same.
Dated:
7//r/6 7 ,2007
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Dated
,2007
AROINO
Approved as to fonn:
JAMES F. PENMAN, City Attorney
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greemenrsllngram Agnnt Amendment 071607.wpd