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RESOLUTION (ID#2396) DOC ID: 2396
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: James F. Penman M/CC Meeting Date: 05/06/2013
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 Financial
Restructuring. (#2396)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as o£ <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
{ Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On August 6, 2012, the Mayor and Common Council authorized the Execution of Amendment
No. 1 to the Professional Services Agreement with Stadling Yocca Carlson&Rauth, P.C.
Background:
The Mayor and Common Council authorized the execution of Amendment No. I to the
Professional Services Agreement with Stradling Yocca Carlson&Rauth, P.C.,however the
amendment was not executed and returned to the City Clerk within the proscribed amount of
time. It is necessary for the Mayor and Common Council to authorized the execution of said
amendment again in order to allow it to be signed and returned to the City Clerk within ninety
days.
City Attorney Review:
Supporting Documents:
agrmt 2396 (PDF)
reso 2396 (PDF)
Updated: 4/24/2013 by Linda Sutherland Packet Pg. 177
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 day of May, 2013 by and between the CITY c
5 OF SAN BERNARDINO (hereinafter "CITY") and STRADLING YOCCA CARLSON & 3
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6 RAUTH, P.C. (hereinafter"SYCR!). d
7 The parties hereby amend sections 1, 2, 10 and 25 of the agreement as follows:
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8 1. SYCR will provide legal advice to the City Attorney's Office on legal issues involving ;L
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9 the reorganization and financial restructuring of the City, including the filing of ate°.,
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10 petition under Chapter 9 of the United States Bankruptcy Code. SYCR shall not E
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11 represent any client in any type of claim against the CITY without prior written a
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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: °
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14 Attorneys - $380.00 per hour; and E
15 Paralegals- $150.00 per hour. E
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16 10, Only Paul Glassman or another attorney approved by the City Attorney shall
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17 provide legal advice contemplated by this Agreement to the City Attorney's Office.
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18 25. This Agreement shall commence on the Effective Date and continue until the Cq
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19 Agreement is terminated as provided for herein.
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AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT
1 BETWEEN THE CITY OF SAN 13ERNARDINO 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: , 2013 CITY OF SAN BERNARDINO, N
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14 By: Patrick J. Morris, Mayor
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Approved as to form: a
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17 JAMES F. PENMAN,
City Attorney o
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By: CU
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1 RESOLUTION NO.
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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:
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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 Stradling Yocca o
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Carlson&Rauth, P.C. for legal services, a copy of which is attached hereto marked Exhibit ,o
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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 $
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16 City Clerk within ninety(90)days following the effective date of the resolution. E
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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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5 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 c
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7 the day of , 2013,by the following vote,to wit: L
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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11 JENKINS ,o
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12 VALDIVIA E
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13 SHORETT a
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17 MCCAMMACK
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19 Georgeann Hanna, City Clerk N
20 The foregoing Resolution is hereby approved this day of ,2013. CD
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22 Patrick J. Morris, Mayor
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23 City of San Bernardino
Approved as to
21 form: Q
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27 es F. Penman
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