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HomeMy WebLinkAbout2007-241 1 RESOLUTION NO. 200~-241 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 ADRIAN EUGENE MOORE v. CITY OF SAN BERNARDINO, et aI. 4 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. 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 F:\ROTH\RESOSIMoore Arias Amend Prof Svc Agnnt. wpd 1 . . 1 RESOLUTION OF THEMA YORANDCOMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON ADRIAN EUGENE MOORE v. CITY OF SAN BERNARDINO, et aL 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 16 day 15 ~~~ tJ R el Clar)h1I Clerk The foregoing Resolution is hereby approve~~~of ~~oo~ ~ 16 17 18 19 20 CKJ. MO ayor San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 25 26 27 28 F:\ROTII\RESOSIMoore Arias Amend Prof Svc Agrmt.wpd 2 .. 2007-241 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Adrian Eugene Moore v. City of San Bernardino, et a/. U.S. District Court No. CY01-03064 DDP (RZ) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, Brisbois, Bisgaard & Smith, Gointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Adrian Eugene Moore v. City, et ai., USDC CY01-03064 DDP (RZ); 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: 1. A&L will be representing the City in Adrian Eugene Moore 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 C1erkslParalegals - $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. ARDINO I ,2007 Dated: 7-lt:I'-(j 7 ,2007 Approved as to form: JAMES F. PENMAN, City Attorney B'O- 7'~ F:\ROTHIAgreementsIMoore Agnnt Amendment 071607. wpd