HomeMy WebLinkAbout2013-078 1 RESOLUTION NO. 7n11-78
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINOAUTHORIZING THE EXECUTION OF AMENDMENT
4 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
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
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City Amendment Number One to the Professional Services Agreement with Strad ling Yocca
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Carlson& Rauth, P.C. for legal services, a copy of which is attached hereto marked Exhibit
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12 "A" and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. The authorization granted hereunder shall expire and be void and of no
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15 further effect if the agreement is not executed by both parties and returned to the Office of the
16 City Clerk within ninety(90) days following the effective date of the resolution.
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2013-78
1 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
RELATING TO REORGANIZATION AND FINANCIAL RESTRUCTURING.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a joint regularmeeting thereof, held on
7 the 6th day of May , 2013, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
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JENKINS x
12 VALDIVIA x
13 SHORETT x
14 KELLEY x
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JOHNSON x
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17 MCCAMMACK x
18 (_,>41,`( 0
Georg n Hanna, City Clerk
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20 The foregoing Resolution is hereby approved this I day of May , 2013.
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22 Pa h J. Morris, Mayor
23 City of San Bernardino
Approved as to
2 4 form:
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26 ( ?tee
27 es F. Penman
ity Attorney
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2013-78
EXHIBIT "A"
1 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
ADVICE.
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4 This Amendment is made and entered into this 6th day of May, 2013 by and between the CITY
5 OF SAN BERNARDINO (hereinafter "CITY") and STRADLING YOCCA CARLSON &
6 RAUTH, P.C. (hereinafter "SYCR").
7 The parties hereby amend sections 1, 2, 10 and 25 of the agreement as follows:
8 1. SYCR will provide legal advice to the City Attorney's Office on legal issues involving
9 the reorganization and financial restructuring of the City, including the filing of 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.
13 2. SYCR shall be paid at the hourly rates set forth below:
14 Attorneys - $380.00 per hour; and
15 Paralegals- $150.00 per hour.
16 10. Only Paul Glassman or another attorney approved by the City Attorney shall
17 provide legal advice contemplated by this Agreement to the City Attorney's Office.
18 25. This Agreement shall commence on the Effective Date and continue until the
19 Agreement is terminated as provided for herein.
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2013-78
AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT
1 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.
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6 Dated: , 2013 STRADLING YOCCA CARLSON &
7 RAUTH, P.C.
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9 By: Paul Glassman
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12 Dated: 6/1 , 2013 CITY OF SAN BERNARDINO,
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14 By: P trick J. M rris, Mayor
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Approved as to form:
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17 JAMES F. PENMAN,
City Attorney
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By: _L
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2013-78
EXHIBIT "A"
1 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
ADVICE.
3
4 This Amendment is made and entered into this 6th day of May, 2013 by and between the CITY
5 OF SAN BERNARDINO (hereinafter "CITY") and STRADLING YOCCA CARLSON &
6 RAUTH, P.C. (hereinafter "SYCR").
7 The parties hereby amend sections 1, 2, 10 and 25 of the agreement as follows:
8 1. SYCR will provide legal advice to the City Attorney's Office on legal issues involving
9 the reorganization and financial restructuring of the City, including the filing of 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.
13 2. SYCR shall be paid at the hourly rates set forth below:
14 Attorneys - $380.00 per hour; and
15 Paralegals- $150.00 per hour.
16 10. Only Paul Glassman or another attorney approved by the City Attorney shall
17 provide legal advice contemplated by this Agreement to the City Attorney's Office.
18 25. This Agreement shall commence on the Effective Date and continue until the
19 Agreement is terminated as provided for herein.
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2013-78
If
AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT
1 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
6 Dated: , 2013 STRADLING YOCCA CARLSON &
7 RAUTH, P.C.
8
9 By: Paul Glassman
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12 Dated: <5/1 , 2013 CITY OF SAN BERNARDINO,
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14 By: P rick J. M rris, Mayor
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Approved as to form:
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17 JAMES F. PENMAN,
City Attorney
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By:
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2013-78
AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT
1 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
6 Dated: ,2013 STRADLING YOCCA CARLSON&
7 RAU '.C.
8
9 By: ':ul Glassman
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12 Dated: 6/ ,2013 CITY OF SAN BERNARDINO,
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14 By: P trick J. rris,
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Approved as to form:
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17 JAMES F.PENMAN,
City Attorney
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By:
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