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HomeMy WebLinkAbout08-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: Resolutions authorizing the City Manager to execute Amendments to Professional Services Agreements with Arias & Lockwood for representation on lawsuits Dept: City Attorney's Office Date: July 10, 2007 Meeting Date: July 16, 2007 Previous Council Action: Over the years, the City has by resolution entered into Agreements with Joseph Arias for representation in litigation. Recommended motion: Adopt resolutions. }.f~ Signature Contact person: Diane Catran Roth Phone: 5355 Ward: All Supporting data attached: FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) (Accl. Description) Finance: Council Notes: 75-0262 Agenda Item No. f5 1/1?/tJ'7 STAFF REPORT SUBJECT: Resolutions of the Mayor and Common Council authorizing and directing the City Manager to execute Amendments to Agreements with Joseph Arias to provide legal representation on certain city litigation. BACKGROUND: Joseph Arias represents the City in certain pending litigation. Over the years, he has periodically increased his fees to meet rising costs. He has now notified the City that his hourly rate is increasing from $135 per hour to $145 per hour for attorneys, and from $60 per hour to $70 per hour for law clerks/paralegals, effective August 1,2007. The increase will affect the following cases: Jaime A/varez, et a/., v. City of San Bernardino, et at. U.S. District Court, No. CV-00-03048 City of San Bernardino Redeve/opment Agency v. A/varez, et at. San Bernardino Superior Court No. SCVSS 86091 Maria G/ander v. City of San Bernardino, et at. San Bernardino Superior Court No. SCVSS 123858 Shirley Goodwin v. City of San Bernardino, et at. U.S. District Court No. EDCV98-66JFW(SGLx), U.S. Court of Appeals No. 05- 56101 Ingram, Frank III, et at. v. City of San Bernardino, et at. U.S. District Court No. EDCV05-00925 YAP (SGLx) Jamie Johnson v. City of San Bernardino, et at. U.S. District Court No. EDCV07-00028 YAP (JCRx) People v. Lopez and Cardenas, DBA The Club, et at. San Bernardino Superior Court No. SCVSS 134051 People v. Manta Management San Bernardino Superior Court No. 18157 People v. Manta Management San Bernardino Superior Court No. SCVSS117285 Sequenta Lawrence, et a/., v. City of San Bernardino, et at. U.S. District Court, No. ED CV 04-00336 FMC(VBKx) Adrian Eugene Moore v. City, et at. USDC CV01-03064 DDP (Rzx) Michae/ Negrete v. City of San Bernardino, et at. U.S. District Court No. EDCV 06-01047 YAP (OPx) J. R., et a/., v. City of San Bernardino, et at. U. S. District Court No. EDCV 05-1045 JWJ Christina Smith, et a/., v. City of San Bernardino, et at. U. S. District Court No. EDCV 06-00860 YAP (Ctx) Mary Louise Vargas, et a/., v. City of San Bernardino, et at. U. S. District Court No. EDCV 06-01402 YAP (JSRx) Timothy Weisenberger, et a/., v. City of San Bernardino San Bernardino Superior Court No. SCVSS 134901 In addition, Mr. Arias has changed firms and the names of the firms he has worked with have also undergone changes. Therefore, some of the resolutions amend Mr. Arias' contracts to reflect the current name of the lawfirm. FINANCIAL IMPACT: Funds are budgeted for litigation for FY 2007-08 RECOMMENDATION Adopt resolutions 1 RESOLUTION NO. 2 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AMENDMENTS TO THE 3 AGREEMENTS WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON AL V AREZ v. CITY OF SAN BERNARDINO AND CITY OF SAN BERNARDINO REDEVELOPMENT 4 AGENCYv.ALVAREZ. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City Amendments to the Professional Services Agreements 9 between the City of San Bernardino and Arias & Lockwood for legal services, copies of which are 10 attached hereto marked Exhibit "A" and Exhibit "B" and incorporated herein by reference as fully as 11 though set forth at length. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no 13 further effect if the agreements are not executed by both parties and returned to the Office of the City 14 Clerk within sixty (60) days following the effective date of the resolution. 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 1/1 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II F:\ROTH\RESOS\Alvarez Arias Amend ProfSvc Agrmt.wpd 1 1 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AMENDMENTS TO THE AGREEMENTS 2 WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON AL V AREZ v. CITY OF SAN BERNARDINO AND CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY v. 3 AL V AREZ, et ai. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 6 of ,2007, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 17 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor 21 City of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 25 ).f~ 26 27 28 F:\ROTH\RESOS\Alvarez Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Jaime Alvarez, et ai" v, City of San Bernardino, et ai, U.S, District Court, No, CY-OO-03048 GHK (RCx) A, WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D'Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Jaime Alvarez, et ai" v, City of San Bernardino, et ai" U,S, District Court, No, CV -00-03048; 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 Alvarez, et ai" 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 Clerks/Paralegals - $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, Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F, PENMAN, City Attorney By: F\ROTH\A.greements\Alvarez Agrmt Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT City of San Bernardino Redevelopment Agency v. Alvarez, et al. San Bernardino Superior Court No. SCVSS 86091 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, Uointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in City of San Bernardino Redevelopment Agency v. Alvarez, et a!., San Bernardino Superior Court No. SCVSS 86091; 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 City of San Bernardino Redevelopment Agency v. Alvarez, et al. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: FIROTHlAg"ementslAlvarez Agrmt Amendment (RDAi 071607.wpd EXHIBIT "B" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Jaime Alvarez, et aI., v. City of San Bernardino, et al. U.S. District Court, No. CY-OO-03048 GHK (RCx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Jaime Alvarez, et aI., v. City of San Bernardino, et al., U.S. District Court, No. CY-00-03048; and B. WHEREAS, JOSEPH ARIAS isnow 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: I. A&L will be representing the City in Alvarez, et al., v. City of San Bernardino. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Alvarez Agrmt Amendment 071607, wpd AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT City of San Bernardino Redevelopment Agency v. Alvarez, et a1. San Bernardino Superior Court No. SCVSS 86091 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, Gointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in City of San Bernardino Redevelopment Agency v. Alvarez, et a!., San Bernardino Superior Court No. SCVSS 86091; 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 City of San Bernardino Redevelopment Agency v. Alvarez, et a1. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. ,2007 Dated: ,2007 Dated: CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney greements\Alvarez Agrmt Amendment (RDA) 07 I 607.wpd 1 RESOLUTION NO. 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 MARIA GLANDER v. COUNTY 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 I. 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 /1/ 15 /1/ 16 /1/ 17 /1/ 18 /1/ 19 /1/ 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 F:\ROTH\RESOS\Glander Arias Amend Prof Svc Agnnt.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON MARIA GLANDER v. COUNTY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 , 2007, by the following vote, to wit: of 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 Rachel Clark, City Clerk 16 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 PATRICKJ. MORRIS, Mayor City of San Bernardino 20 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 P /{~ 25 26 27 28 F:\ROTH\RESOS\Glander Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Maria Glander v. City of San Bernardino, et af. San Bernardino Superior Court No. SCVSS 123858 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Maria Glander v. City orSan Bernardino, et al., San Bernardino Superior Court No. SCVSS 123858; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law ClerkslParalegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreements\Glander Agrmt Amendment 071607 .wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Maria Glander v. City of San Bernardino, et al. San Bernardino Superior Court No. SCVSS 123858 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Maria Glander v. City of San Bernardino, et al., San Bernardino Superior Court No. SCVSS 123858; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney ,~ F:\ROTH\Agreemenls\Glander Agrrnt Amendment 071607. wpd 1 RESOLUTION NO. 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 SHIRLEY GOODWIN v. CITY OF SAN BERNARDINO, et al. 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 11/ 15 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 11/ 21 III 22 /11 23 /11 24 11/ 25 /11 26 11/ 27 III 28 F:\ROTH\RESOS\Goodwin Arias Amend Prof Svc Agrmt.wpd 1 1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON SHIRLEY GOODWIN v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 16 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 }{ 25 26 27 28 F:\ROTH\RESOS\Goodwin Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Shirley Goodwin v. City of San Bernardino, et al. U.S. District Court No. EDCV98-66JFW(SGLx), U.S. Court of Appeals No. 05-56101 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Shirley Goodwin v. City of San Bernardino, et al., U.S. District Court No. EDCY98-66JFW(SGLx), U.S. Court of Appeals No. 05-56101; and B. WHEREAS, JOSEPH ARIAS is now with 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 Alvarez. et al., 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 Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F\ROTH\Agreements\Goodwin Agrmt Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Shirley Goodwin v. City of San Bernardino, et al. U.S. District Court No. EDCV98-66JFW(SGLx), U.S. Court of Appea]s No. 05-56]0] A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Shirley Goodwin v. City of San Bernardino, et aI., U.S. District Court No. EDCV98-66JFW(SGLx), U.S. Court of Appeals No. 05-5610]; and B. WHEREAS, JOSEPH ARIAS is now with 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: ]. A&L will be representing the City in Alvarez, et aI.. v. City of San Bernardino. 2. A&L shall be paid at the hourly rates set forth below, effective August ],2007: Attorneys - $]45 per hour Law Clerks/Paralegals - $70 per hour 3. All communication and notices to A&L shall be directed as follows: Arias & Lockwood 225 W Hospitality Ln #3]4 San Bernardino, CA 92408 4. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: greements\Goodwin Agrmt Amendment 071607. wpd 1 RESOLUTION NO. 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 FRANK INGRAM, III, et al. v. CITY OF SAN BERNARDINO, et al. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION I. 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 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /1/ 26 /II 27 /II 28 F:\ROTH\RESOS\Ingram Arias Amend ProfSvc Agrmt.wpd 1 1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON FRANK INGRAM, lll, et al. v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of , 2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 25 24 26 27 28 F:\ROTH\RESOS\lngram Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Ingram, Frank Ill, et 01. v. City of San Bernardino, et 01. U.S. District Court No, EDCY05-00925 V AP (SGLx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of ARIAS AAEN (AA), (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Ingram, Frank ll!, et 01. v. City of San Bernardino, et 01., U.S. District Court No. EDCY05-00925 YAP (SGLx); and, B. WHEREAS, ARIAS AAEN is now known as 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: I. A&L will be representing the City in Ingram, Frank Ill, et 01. v. City of San Bernardino, et 01., U.S. District Court No. EDCY05-00925 V AP (SGLx); and, . 2. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTIl\Agreements\lngram Agrmt Amendment 071607, wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Ingram, Frank III, et al. v. City of San Bernardino, et al. U.S. District Court No. EDCV05-00925 V AP (SGLx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of ARIAS AAEN (AA), Gointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Ingram, Frank III, et al. v. City of San Bernardino, et aI., U.S. District Court No. EDCY05-00925 YAP (SGLx); and, B. WHEREAS, ARIAS AAEN is now known as 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 Ingram, Frank III, et al. v. City of San Bernardino, et al., U.S. District Court No. EDCY05-00925 YAP (SGLx); and, . 2. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney ,fc greements\lngram Agrmt Amendment 071607.wpd 1 RESOLUTION NO. 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 JAMIE JOHNSON v. CITY OF SAN BERNARDINO, et al. 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 11/ 15 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 11/ 21 11/ 22 11/ 23 11/ 24 11/ 25 11/ 26 11/ 27 11/ 28 F:\ROTH\RESOS\Johnson Arias Amend Prof Svc Agrmt.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON JAMIE JOHNSON v. CITY OF SAN BERNARDINO, et ai. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of , 2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 ABSTAIN ABSENT Rachel Clark, City Clerk 16 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 25 24 26 27 28 F:\ROTH\RESOSVohnson Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Jamie Johnson v. City of San Bernardino, et al. U.S. District Court No. EDCY07-00028 YAP (JCRx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), Uointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Jamie Johnson v. City of San Bernardino, et al., U.S. District Court No. EDCY07-00028 YAP (JCRx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\AgreementsVohnson Agrmt Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Jamie Johnson v. City of San Bernardino, et ai. U.S. District Court No. EDCV07-00028 YAP (JCRx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Jamie Johnson v. City of San Bernardino, et ai., U.S. District Court No. EDCY07-00028 YAP (JCRx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTIMgreements\Johnson Agrmt Amendment 071607.wpd 1 RESOLUTION NO. 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 SEQUENT A LA WRENCE, et al. v. CITY OF SAN BERNARDINO, et al. 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 ofthe resolution. 14 //1 15 /1/ 16 /1/ 17 /1/ 18 /1/ 19 /1/ 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 //1 27 //1 28 F:\ROTH\RESOS\Lawrence Arias Amend Prof Svc Agrmt.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON SEQUENT A LA WRENCE, et al. v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 PATRICK J. MORRIS, Mayor City of San Bernardino 20 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 25 26 27 28 F:\ROTH\RESOS\Lawrence Arias Amend ProfSvc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Sequenta Lawrence, et al., v. City of San Bernardino, et al. U.S. District Court, No. ED CV 04-00336 FMC(VBKx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Arias, Lockwood & Gray, Uointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Sequenta Lawrence, et al., v. City of San Bernardino, et aI., U.S. District Court, No. ED CV 04-00336 FMC(VBKx); 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: I. A&L will be representing the City in Lawrence, et al., 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 Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreements\Lawrence Agrmt Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Sequenta Lawrence, et al., v. City of San Bernardino, et al. U.S. District Court, No. ED CV 04-00336 FMC(VBKx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Arias, Lockwood & Gray, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Sequenta Lawrence, et al., v. City of San Bernardino, et aI., U.S. District Court, No. ED CV 04-00336 FMC(VBKx); 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: I. A&L will be representing the City in Lawrence, et al., v. City of San Bernardino. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Lawrence Agrmt Amendment 071607. wpd 1 RESOLUTION NO. 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 REPRESENT A TION ON PEOPLE v. LOPEZ and CARDENAS, 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 /1/ 15 /1/ 16 /1/ 17 /1/ 18 //1 19 /1/ 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 F:\ROTH\RESOS\Lopez Arias Amend ProfSvc Agrmt.wpd 1 1 RESOLUTION OFTHEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON PEOPLE v. LOPEZ and CARDENAS, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 23 JAMES F. PENMAN, City Attorney 24 ./~ 25 26 27 28 F:\ROTH\RESOS\Lopez Arias Amend Prof Svc Agnnt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT People v. Lopez and Cardenas, DBA The Club, el al. San Bernardino Superior Court No. SCVSS 134051 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), Uointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in People v. Lopez and Cardenas, DBA The Club, el al., San Bernardino Superior Court No. SCVSS 134051; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTIMgreements\Lopez Agrmt Amendment 071607, wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT People v. Lopez and Cardenas, DBA The Club, et al. San Bernardino Superior Court No. SCVSS 134051 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in People v. Lopez and Cardenas, DBA The Club, et aI., San Bernardino Superior Court No. SCVSS 134051; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Lopez Agnnt Amendment 071607.wpd 1 RESOLUTION NO. 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 PEOPLE OF THE STATE OF CALIFORNIA V. MANTA MANAGEMENT 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 ofthe resolution. 14 11/ 15 11/ 16 11/ 17 /11 18 /11 19 11/ 20 11/ 21 11/ 22 11/ 23 11/ 24 11/ 25 11/ 26 11/ 27 /11 28 F:\ROTH\RESOS\Manta I Arias Amend Prof Svc Agrmt.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON PEOPLE OF THE STATE OF CALIFORNIA V. MANTA MANAGEMENT 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 25 26 27 28 F:\ROTH\RESOS\Manta I Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT People v. Manta Management San Bernardino Superior Court No. 18157 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, 0' Amato, Brishois & Bisgaard, Qointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Manta Management v. City of San Bernardino, San Bernardino Superior Court No. 18157; 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: I. A&L will be representing the City in Manta Management 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 Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreements\Maota Mgt Agrmt Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT People v. Manta Management San Bernardino Superior Court No. 18157 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, D' Amato, Brisbois & Bisgaard, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Manta Management v. City of San Bernardino, San Bernardino Superior Court No. 18157; 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: I. A&L will be representing the City in Manta Management v. City of San Bernardino. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Manta Mgt Agrmt Amendment 071607 .wpd 1 RESOLUTION NO. 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 PEOPLE OF THE STATE OF CALIFORNIA v. MANTA MANAGEMENT et al. 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 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 1/1 27 1/1 28 F:\ROTH\RESOS\Manta II Arias Amend Prof Svc Agrmt.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON PEOPLE OF THE STATE OF CALIFORNIA v. MANTA MANAGEMENT et ai. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICKJ. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 23 JAMES F. PENMAN, City Attorney 24 Byr ff4-< 25 26 27 28 F:\ROTH\RESOS\Manta II Arias Amend ProfSvc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT People v. Manta Management San Bernardino Superior Court No. SCVSSII7285 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Arias, Lockwood & Gray, (jointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in People v. Manta Management, San Bernardino Superior Court No. SCVSS 117285; 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 People v. Manta Management. 2. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\A.greements\Manta Mgt #2 Agrmt Amendment 071607 .wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT People v. Manta Management San Bernardino Superior Court No. SCVSS 117285 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Arias, Lockwood & Gray, Gointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in People v. Manta Management, San Bernardino Superior Court No. SCVSSII7285; 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 People v. Manta Management. 2. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Manta Mgt #2 Agrmt Amendment 071607. wpd 1 RESOLUTION NO. 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 al. 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 11/ 15 11/ 16 11/ 17 11/ 18 /11 19 /11 20 11/ 21 11/ 22 /11 23 11/ 24 11/ 25 11/ 26 11/ 27 /11 28 F:\ROTH\RESOS\Moore Arias Amend Prof Svc Agnnt.wpd 1 1 RESOLUTION OF THEMA YORAND COMMON 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 15 Rachel Clark, City Clerk 16 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICKJ. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 23 JAMES F. PENMAN, City Attorney 24 ,~ 25 26 27 28 F:\ROTH\RESOS\Moore Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Adrian Eugene Moore v. City of San Bernardino. et al. U.S. District Court No. CVOI-03064 DDP (RZ) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and JOSEPH ARIAS, formerly of Lewis, Brisbois, Bisgaard & Smith, Uointly, the "Parties") previously entered into an Agreement wherein JOSEPH ARIAS would represent the City in Adrian Eugene Moore v. City, et aI., US DC CYOI-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: I. 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 I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreemcnts\Moore Agrrnl Amendment 071607, wpd Exhibit "A II AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Adrian Eugene Moore v. City of San Bernardino, et al. U.S. District Court No. CYOI-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 al., USDC CYOl-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 Clerks/Paralegals - $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. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney B'zr 7-~ F:\ROTH\Agreements\Moore Agrmt Amendment 071607.wpd 1 RESOLUTION NO. 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 MICHAEL NEGRETE v. CITY OF SAN BERNARDINO, et at. 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 /1/ 15 /1/ 16 //1 17 /1/ 18 /1/ 19 //1 20 /1/ 21 /1/ 22 /1/ 23 //1 24 /1/ 25 /1/ 26 /1/ 27 //1 28 F:\ROTH\RESOS\Negrete Arias Amend Prof Svc Agrmt.wpd 1 1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON MICHAEL NEGRETE v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof. held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 25 26 27 28 F:\ROTH\RESOS\Negrete Arias Amend Prof Svc Agnnt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Michael Negrete v. City of San Bernardino. et al. United States District Court Case No. EDCY 06-01047 YAP (OPx) A. WHEREAS. the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Michael Negrete v. City of San Bernardino. et al., U. S. District Court No. EDCV 06-01047 YAP (OPx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN. City Attorney By: F:\ROTIMgreements\NegreteAgrmt Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Michael Negrete v. City of San Bernardino, et al. United States District Court Case No. EDCV 06-01047 V AP (OPx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Michael Negrete v. City of San Bernardino, et al., U. S. District Court No. EDCV 06-01047 V AP (OPx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney BY~ f-'~ F:\ROTH\Agreements\NegreteAgrmt Amendment 071607.wpd 1 RESOLUTION NO. 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 l.R. et al. v. CITY OF SAN BERNARDINO, et al. 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 1// 15 1// 16 1// 17 1// 18 /1/ 19 1// 20 /1/ 21 /1/ 22 1// 23 1// 24 1// 25 1// 26 1// 27 /1/ 28 F:\ROTH\RESOS\J.R. Arias Amend Prof $vc Agrml.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON l.R. et al. v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 ,~ 25 26 27 28 F:\ROTH\RESOS\J.R. Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT J. R., et al., v. City of San Bernardino, et al. U. S. District Court No. EDCV 05-1045 JWJ A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would representthe City in J. R., et aI., v. City of San Bernardino, et al., U.S. District Court No. EDCV 05-1045 JWJ; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreem:nts\Reese Agrml Arrendmenl 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT J. R., et aI., v. City of San Bernardino, et al. U. S. District Court No. EDCV 05-1045 JWJ A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in J. R., et aI., v. City of San Bernardino, et aI., U.S. District Court No. EDCV 05-1045 JWJ; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney .~ F:\ROTIl\Agreem:flts\Reese Agrmt Amendment 071607 .wpd 1 RESOLUTION NO. 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 REPRESENT A TION ON CHRISTINA SMITH, et al. v. CITY OF SAN BERNARDINO, et al. 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\RESOS\Smith Arias Amend Prof Svc Agnnt.wpd 1 1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENT A TION ON CHRISTINA SMITH, et ai. v. CITY OF SAN BERNARDINO, et ai. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of , 2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 NAYS ABSTAIN ABSENT Rachel Clark. City Clerk 16 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 23 JAMES F. PENMAN, City Attorney 25 .~ 24 26 27 28 F:\ROTH\RESOS\Smith Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Christina Smith, et al., v. City of San Bernardino, et ul. U. S. District Court No. EDCV 06-00860 V AP (CTx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), Uointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Christina Smith, et ul., v. City of San Bernardino, et aI., U. S. District Court No. EDCV 06-00860 V AP (CTx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: .2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\AgreemeOls\Smilh Agrml Amendment 071607.wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Christina Smith, et aI., v. City of San Bernardino, et aI. U. S. District Court No. EDCV 06-00860 V AP (CTx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Christina Smith, et aI., v. City of San Bernardino, et aI., U. S. District Court No. EDCV 06-00860 V AP (CTx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\Smith Agrmt Amendment 071607.wpd c - 1 RESOLUTION NO. 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 MARY LOUISE VARGAS, et al. v. CITY OF SAN BERNARDINO, et al. 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 1// 15 1// 16 /1/ 17 1// 18 1// 19 1// 20 1// 21 /1/ 22 1// 23 1// 24 /1/ 25 1// 26 1// 27 1// 28 F:\ROTH\RESOS\Vargas Arias Amend ProfSvc Agrmt.wpd 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON MARY LOUISE VARGAS, et al. v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 meeting thereof, held on the _day Common Council of the City of San Bernardino at a 5 of , 2007, by the following vote, to wit: ABSTAIN ABSENT Rachel Clark, City Clerk 16 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICKJ. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 25 26 27 28 F:\ROTH\RESOS\Vargas Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Mary Louise Vargas, et aI., v. City of San Bernardino, et al. U. S. District Court No. EDCV 06-01402 V AP (JSRx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), UointIy, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Mary Louise Vargas, et aI., v. City of San Bernardino, et al., U. S. District Court No. EDCV 06-01402 V AP (JSRx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law ClerksfParalegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreements\Vargas Agrmt Amendment 071607.wpd Exhibit "A" I AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Mary Louise Vargas, et aI., v, City of San Bernardino, et al. U. S. District Court No. EDCV 06-01402 V AP (JSRx) A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Mary Louise Vargas, et aI., v. City of San Bernardino, et al., U. S. District Court No. EDCV 06-01402 V AP (JSRx); and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August I, 2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTH\Agreements\ Vargas Agrmt Amendment 071607. wpd 1 RESOLUTION NO. 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 TIMOTHY WEISENBERGER, et ai. v. CITY OF SAN BERNARDINO, et al. 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 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 F:\ROTH\RESOS\Weisenberger Arias Amend ProfSvc Agnnt.wpd 1 1 RESOLUTION OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 2 AGREEMENT WITH JOSEPH ARIAS FOR LEGAL REPRESENTATION ON TIMOTHY WEISENBERGER, et al. v. CITY OF SAN BERNARDINO, et al. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of ,2007, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK 14 15 16 ABSTAIN ABSENT Rachel Clark, City Clerk 17 The foregoing Resolution is hereby approved this _ day of ,2007. 18 19 20 PATRICKJ. MORRIS, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 25 26 27 28 F:\ROTH\RESOS\Weisenberger Arias Amend Prof Svc Agrmt.wpd 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Timothy Weisenberger, et aI., v. City of San Bernardino San Bernardino Superior Court No. SCYSS 134901 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), Uointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Timothy Weisenberger, et al., v. City of San Bernardino, San Bernardino Superior Court No. SCYSS 134901; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: I. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney By: F:\ROTH\Agreements\Weisenberger Agrmt Amendment 071607, wpd Exhibit "A" AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Timothy Weisenberger, et aI., v. City of San Bernardino San Bernardino Superior Court No. SCVSS 134901 A. WHEREAS, the CITY OF SAN BERNARDINO, a charter city ("City"), and the law firm of ARIAS & LOCKWOOD ("A&L"), (jointly, the "Parties") previously entered into an Agreement wherein A&L would represent the City in Timothy Weisenberger, et aZ., v. City of San Bernardino, San Bernardino Superior Court No. SCVSS 134901; and B. WHEREAS, the Parties wish to amend the Agreement to reflect A&L's current fees; NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. A&L shall be paid at the hourly rates set forth below, effective August 1,2007: Attorneys - $145 per hour Law Clerks/Paralegals - $70 per hour 2. All remaining terms of the Agreement will remain the same. Dated: ,2007 Dated: ,2007 CITY OF SAN BERNARDINO ARIAS & LOCKWOOD Fred Wilson, City Manager Joseph Arias, Partner Approved as to form: JAMES F. PENMAN, City Attorney 1-/~ F:\ROTH\Agreements\Weisenberger Agrmt Amendment 071607.wpd