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Attachment 2 - Amended Contracts

Mayor and City Council
January 17, 2024

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Attachment 2 - Amended Contracts
Meeting
January 17, 2024
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Mayor and City Council
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Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

EXHIBIT A

FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD AND ROMO

This Fourth Amendment (“Fourth Amendment”) to the Professional Services Agreement dated December 6, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Ruud and Romo (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On April 30, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807 (“Original Agreement”).

b. On July 2, 2021 the City entered into the first amendment to the agreement for a total not to exceed $100,000 (“First Amendment”).

c. On April 6, 2022, the City entered into the second amendment to the agreement for a total not to exceed 200,000 (“Second Amendment”).

d. On January 18, 2023, the City entered into the third amendment to the agreement for a total not to exceed 300,000 (“Third Amendment”).

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $325,000.

3. Except as modified by this Fourth Amendment, a ll provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Forth Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 Atkinson, Andelson, Loya, Ruud and Romo

By: Irma R. Moisa
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

EXHIBIT A

By: Charles A. Montoya
Its: City Manager

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP

This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated January 17, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On December 9, 2021, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to D. Wright v. City of San Bernardino, et al., United States District Court, Case No. 5:21 -0032-CAS (JCx) (“Original Agreement”).

b. On May 31, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”)

c. The City and Consultant now desire to increase the amount of the Original Agreement.

d. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $175,000.

e. Except as modified by this Second Amendment, a ll provisions of the Original Agreement shall remain in full force and effect for the term thereof.

f. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2024 CARPENTER, ROTHANS & DUMONT, LLP

By: Steven J. Rothans
Its: Partner

Dated: _____, 2024 CITY OF SAN BERNARDINO

By: Charles A. Montoya
Its: City Manager

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH JONES AND MAYER

This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated January 17, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Jones and Mayer (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On May 17, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to r epresentation of Imran Ahmed in Deshawn Wright v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS (JCx) (“Original Agreement”).

b. On May 31, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”).

c. The City and Consultant now desire to increase the amount of the Original Agreement.

d. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $175,000.

e. Except as modified by this Second Amendment, a ll provisions of the Original Agreement shall remain in full force and effect for the term thereof.

f. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2024 JONES AND MAYER

By: James R. Touchstone
Its: Partner

Dated: _____, 2024 CITY OF SAN BERNARDINO

By: Charles A. Montoya
Its: City Manager

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP

This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated December 6, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On July 18, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Estate of R. Adams v. City of San Bernardino, et al. , United States District Court, Case No. 5:22- 02206-JGB-SP (“Original Agreement”).

b. On May 31, 2023 the city entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Admendment”)

c. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $250,000.

3. Except as modified by this First Amendment, a ll provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP

By: Steven J. Rothans
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles A. Montoya
Its: City Manager

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO

This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated December 6, 2023, is entered into by and between the City of San Bernardino , and Atkinson, Andelson, Loya, Ruud & Romo, a Professional Corporation (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On July 14 th 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City Brian Pellis, et al. v. City of San Bernardino, et al, Case No. CIVSB 2226731 (“Original Agreement”)

b. On November 1, 2023, the City entered into the second amendment to the agreement for a total not to exceed $100,000.00 (“First Amendment”)

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $250,000.

3. Except as modified by this Second Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 Atkinson, Andelson, Loya, Ruud & Romo

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles A. Montoya
Its: City Manager

CITY FIRM

_____________________________ __________________________ Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND STREAM, KIM, HICKS, WRAGE, & ALFARO APC

This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated December 6, 2023, is entered into by and between the City of San Bernardino, and Stream, Kim, Hicks, Wrage, & Alfaro APC, (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks, Wrage & Alfaro in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807. (“Original Agreement”)

b. On January 18, 2023, the City entered into the second amendment to the agreement for a total not to exceed 250,000. (“First Amendment”)

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $325,000

3. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 STREAM, KIM, HICKS, WRAGE, & ALFARO APC

By: Robert J. Hicks,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles A. Montoya
Its: City Manager

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