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HomeMy WebLinkAbout06.C- City Attorney RESOLUTION (ID# 1969) DOC ID: 1969 B O CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: James F. Penman M/CC Meeting Date: 08/06/2012 Prepared by: Jolena E. Grider, (909) 384- 5355 Dept: City Attorney Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Professional Services Agreement with Stradling Yocca Carlson&Rauth, P.C. for Legal Services Relating to Reorganization and Restructuring. Financial Impact: The legal costs for reorganization and restructuring services will be accounted for in the City Attorney Budget at the rates established in the attached agreements. Motion: Adopt Resolution. Synopsis of Previous Council Action: On June 18,2012 the Council Authorized the Execution of an Agreement Between Stradling Yocca Carlson&Rauth, P.C. for Reorganization and Financial Restructuring Advice. City Attorney Review: Supporting Documents: Reso 1969 (PDF) agrmt 1969 (PDF) Updated:8/2/2012 by Linda Sutherland B © 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINOAUTHORIZING THE EXECUTION OF AMENDMENT y NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON& RAUTH,P.C.FOR LEGAL SERVICES 5 RELATING TO REORGANIZATION AND FINANCIAL RESTRUCTURING. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE v 7 CITY OF SAN BERNARDINO AS FOLLOWS: N 8 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said 9 City Amendment Number One to the Professional Services Agreement with Stradling Yocca o 10 0 o: Carlson&Rauth, P.C. for legal services,a copy of which is attached hereto marked Exhibit a 11 y a 12 "A"and incorporated herein by reference as fully as though set forth at length. } 13 0 ^ 14 SECTION 2. The authorization granted hereunder shall expire and be void and of no d Z 15 further effect if the agreement is not executed by both parties and returned to the Office of the E 16 City Clerk within sixty(60) days following the effective date of the resolution. E 17 18 O rn 19 20 o 0 d 21 /// Cr c 22 E L V 23 ;g 24 25 26 27 O 28 1 Packet Pg. 133 C I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINOAUTHORIZING THE EXECUTION OF AMENDMENT 2 NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT WITH 3 STRADLING YOCCA CARLSON&RAUTH,P.C. FOR LEGAL SERVICES 9 RELATING TO REORGANIZATION AND FINANCIAL RESTRUCTURING. s I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on v 7 the day of 2012,by the following vote,to wit: N B Council Members: AYES NAYS ABSTAIN ABSENT 9 m MARQUEZ o 10 m 11 JENKINS y a 12 VALDIVIA 13 SHORETT ° 14 KELLEY z 15 JOHNSON E 16 c d 17 MCCAMMACK a 19 19 Georgeann Hanna, City Clerk zo The foregoing Resolution is hereby approved this day of 2012. N 21 c d zz E Patrick J. Morris, Mayor 23 Approved as to City of San Bernardino a 24 form: 25 26 27 es F. Penman 2 s ity Attorney 2 Packet Pg. 734 I AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STRADLING YOCCA CARLSON 2 & RAUTH, P.C. FOR REORGANIZATION AND FINANCIAL RESTRUCTURING 3 ADVICE. 4 This Amendment is made and entered into this _ day of August, 2012 by and between the 5 CITY OF SAN BERNARDINO (hereinafter "CITY") and STRADLING YOCCA CARLSON & Y 6 RAUTH,P.C. (hereinafter"SYCR"). v 7 The parties hereby amend sections 1,2, 10 and 25 of the agreement as follows: rn L 8 1. SYCR will provide legal advice to the City Attorney's Office on legal issues involving 1 : 9 the reorganization and financial restructuring of the City, including the filing of a a 10 petition under Chapter 9 of the United States Bankruptcy Code. SYCR shall not > 11 represent any client in any type of claim against the CITY without prior written 12 approval to do so from the CITY through the City Attorney's Office. z° 13 2. SYCR shall be paid at the hourly rates set forth below: E E 14 Attorneys - $380.00 per hour; and E 15 Paralegals- $150.00 per hour. m 16 10. Only Paul Glassman or another attorney approved by the City Attorney shall = m 17 provide legal advice contemplated by this Agreement to the City Attorney's Office. CD 18 25. This Agreement shall commence on the Effective Date and continue until the E m m R 19 Agreement is terminated as provided for herein. d 20 /// E U 21 22 23 24 25 26 1-7 /// AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT I BETWEEN THE CITY OF SAN BERNARDINO AND STRADLING YOCCA CARLSON &RAUTH,P.C. FOR REORGANIZATION AND FINANCIAL RESTRUCTURING 2 ADVICE. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and 4 through their respective authorized officers,as of the date first written above. 5 N 6 Dated: 2012 STRADLING YOCCA CARLSON & 7 RAUTH,P.C. m 8 `o N 9 By: Paul Glassman a 10 } 11 ° 12 Dated: 2012 CITY OF SAN BERNARDINO, z6 13 E -o c 14 By: Andrea Travis-Miller, Acting City Manager E a 15 Approved as to form: rn 16 17 JAMES F. PENMAN, City Attorney E 18 19 / By: E 20 21 a 22 23 24 25 26 ')'7 Packet Pg. 136