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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE CITY TO BE SELF-INSURED FROM
3 NOVEMBER 3, 2003 UNTIL THE EFFECTIVE POLICY DATE OF THE LAWYERS
PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY CLAIMS,
4 LAWSUITS AND/OR JUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE GIVEN
TO VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS DAMAGED OR
5 DESTROYED IN THE RECENT FIRES IN THE CITY OF SAN BERNARDINO.
6 WHEREAS, the City of San Bernardino is a self-insured entity for the first One Million
7 Dollars ($1,000,000.00) of authorized City activities; and
8 WHEREAS, the City Attorney's Office has been authorized to provide legal advice to
9 residents and/or property owners of the City of San Bernardino whose property was damaged or
10 destroyed in the recent fires, such authorization not including litigation and not extending beyond
II December 31, 2004; and
12 WHEREAS, the use of volunteer lawyers from the legal community to assist in this
13 temporary program shall be coordinated through the Office of the City Attorney; and
14 WHEREAS, the City of San Bernardino has authorized the purchase oflawyers professional
15 liability insurance to cover the City's attorneys and support staff associated with this temporary
16 program effort; and
17 WHEREAS, the City of San Bernardino declares that it is self-insured for One Million
18 Dollars ($1,000,000.00) from November 3, 2003 until the effective policy date of the lawyers
19 professional liability insurance for professional liability claims, lawsuits and/or judgments, etc.
20 arising from the legal advice given to victims and/or property owners whose property was damaged
21 or destroyed in the recent fires in the City of San Bernardino.
22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
23 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
24 SECTION 1. From November 3, 2003 until the effective policy date of the lawyers
25 professional liability insurance for professional liability claims, lawsuits and/or judgments, etc.
26 arising from the legal advice given to victims and/or property owners whose property was damaged
27 or destroyed in the recent fires in the City of San Bernardino, the City of San Bernardino hereby
28 declares that it is self-insured for One Million Dollars ($1,000,000.00) for professional liability
1
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I
2
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO DECLARING THE CITY TO BE SELF-INSURED FROM
NOVEMBER 3, 2003 UNTIL THE EFFECTIVE POLICY DATE OF THE LAWYERS
4
PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY CLAIMS,
5 LAWSUITS AND/ORJUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE GIVEN
TO VICTIMS AND/ORPROPERTY OWNERS WHOSE PROPERTY WAS DAMAGED OR
6 DESTROYED IN THE RECENT FIRES IN THE CITY OF SAN BERNARDINO.
7 claims, lawsuits and/or judgments, etc. arising from the legal advice given by the attorneys in the San
8 Bernardino City Attorney's Office to victims and/or property owners whose property was damaged
9
10
II
12
13
14
IS
or destroyed in the recent fires in the City of San Bernardino.
SECTION 2. The City of San Bernardino hereby covenants and agrees to defend, indemnify,
and hold harmless the attorneys in the City Attorney's Office of the City of San Bernardino as well
as each oftheir successor.>, assigns, agents, and all persons acting by, through, under or in concert
with any ofthem who are employed in the City Attorney's Office, for the legal advice given by the
attorneys in the San Bernardino City Attorney's Office to victims andlor property owners whose
property was damaged or destroyed in the recent fires in the City of San Bernardino for the period
16 of November 3, 2003 until the effective policy date of the lawyers professional liability insurance
17
18
19
for professional liability claims, lawsuits andlor judgments, etc. arising from the temporary program
of providing legal advice, including but not limited to, interpreting insurance policies and assisting
in the filing of claims as conducted by the San Bernardino City Attorney's Office through its
20 attorneys and staff.
21 /II
22 /II
23 /II
24 /II
25 /II
26 /II
27 /II
28
2
I
2
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO DECLARING THE CITY TO BE SELF-INSURED FROM
NOVEMBER 3, 2003 UNTIL THE EFFECTIVE POLICY DATE OF THE LAWYERS
4 PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY CLAIMS,
5 LAWSUITS AND/ORJUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE GIVEN
TO VICTIMSAND/ORPROPERTY OWNERS WHOSE PROPERTYW AS DAMAGED OR
6 DESTROYED IN THE RECENT FIRES IN THE CITY OF SAN BERNARDINO.
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
meeting
9 thereof, held on the
10 wit:
II COUNCIL MEMBERS:
12 ESTRADA
13 LONGVILLE
14 MCGINNIS
15 DERRY
16 SUAREZ
17 ANDERSON
18 MCCAMMACK
19
20
day of
,2003, by the following vote, to
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
21
The foregoing Resolution is hereby approved this
22 2003.
day of
23
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form and
25 legal content:
26
27
28
.t~
MES F. PENMAN
ity Attorney
3
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1/'3 ~o~
Vote: Ayes [- " Nays
Abstain
Resolution #
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'LaO 3 -?-<tS
Absent .G-
Item #
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Change to motion to amend original documents: -
Reso. # On Attachments: - Contract term: -
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NulVVoid After: -
By: -
/( -'5-03:,
11-lea-.),
Date ofClerk/CDC Signature: (\-10-<"),:>,
Date Sent to Mayor:
Date of Mayor's Signature:
.--
Reso. Log Updated:
Seal Impressed: 1_/
Date Me~etter Sent for Signature:
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60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
Date Returned:
~
See ached:
Request for Council Action & Staff Report Attached: Yes "1!!f
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985,8234,655,92.389): Yes
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No V By L
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No Y" By
No / By
Copies Distributed to:
City Attorney /"
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
EDA
Finance
MIS
Others:
Notes:
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BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File:_
Date:
Revised 01/12/01