CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 19, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager;
Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:
1. Second Amendment to the Professional Services Agreement with Graves & King for representation in the Mark Detinne, et al. v. City of San Bernardino, et al. San Bernardino Superior Court Case No. CIVDS 2016739 increasing the not-to-exceed amount from $150,000 to $350,000.
2. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731 increasing the not-to-exceed amount from $450,000 to $950,000.
3. Fifth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et al., San Bernardino Superior Court Case No. CIVDS2003802 increasing the not- to-exceed amount from $225,000 to $241,859.69.
4. Second Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi, for representation in the Maria Segura, as successor in interest to Nicholas Segura, et al. v. City of San Bernardino, US District Court Case No. 8:23-cv-00786-HDV-DFM increasing the not-to-exceed amount from $100,000 to $200,000.
Executive Summary
Amending the legal services agreements will allow the City to pay the final outstanding invoices on the Gary Saenz matter, which is now closed. All other cases are ongoing and generating new invoices. Amending the agreements would allow the City to retain current legal counsel.
Background
Mark Detinne, et al. v. City of San Bernardino, et al.
•On February 2, 2021 the City entered into an agreement with Graves & King in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal Code to represent the City in San Bernardino Superior Court Case No. CIVDS 2016739. •On March 16, 2022, the City entered into the first amendment to the agreement for a total not to exceed $150,000.
Brian Pellis, et al. v. City of San Bernardino, et al.
•On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US District Court Case No. CIVSB 2226731.
•On October 17, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.
•On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000.
•On June 5, 2024, the City entered into the second amendment to the agreement for a total not to exceed $450,000.
Gary Saenz, et al. v. City of San Bernardino, et al.
•On July 08, 2019, the City entered into an agreement with Lynberg and Watkins in the amount of $50,000 to represent the City in the Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802. •On February 26, 2020, the City entered into the first amendment to the agreement with a cap of $25,000.
•On July 15, 2020, the City entered into the second amendment to the agreement for a total not to exceed $75,000.
•On August 17, 2022, the City entered into the third amendment to the agreement for a total not to exceed $150,000.
•On April 19, 2023, the City entered into the fourth amendment to the agreement for a total not to exceed $225,000.
Maria Segura, as successor in interest to Nicholas Segura, et al. v. City of San Bernardino
•On April 19, 2021, the City entered into an agreement with Lawrence, Beach, Allen & Choi in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the United States District Court Case No. 5:22-CV- 00277-JGB-SP.
•On November 1, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000.
Discussion
Graves & King have represented the City in the Mark Detinne, et al. v. City of San Bernardino matter. This case is still active.
Atkinson, Andelson, Loya, Ruud and Romo have represented the City in the Brian Pellis. v. City of San Bernardino matter. This case is still active.
Lawrence, Beach, Allen & Choi have represented the City in the Maria Segura, as successor in interest to Nicholas Segura v. City of San Bernardino matter. This case is active.
Increasing the not to exceed limits with will retain all three firms listed above as legal counsel for these matters. It is advisable to maintain these firms as continued representation is essential to protect the City’s interest and avoid unnecessary liability.
Lynberg and Watkins have consistently worked on the Gary Saenz matter. This matter is now closed. Increasing the contract amount will allow for final invoices to be paid.
The proposed amendments to the contract amounts are as follows:
Case Firm Current Not-to
Exceed Amount Proposed Not-to-
Exceed Amount
Mark Detinne, et
al.
Graves & King $150,000 $350,000
Brian Pellis, et al. Atkinson,
Andelson, Loya,
Ruud and Romo
$450,000 $950,000
Gary Saenz, et al. Lynberg and
Watkins
$225,000 $241,859.69
Maria Segura, et
al.
Lawrence, Beach,
Allen & Choi
$100,000 $200,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.
Fiscal Impact
The fiscal impact is $816,859.69. The Fiscal Year 2024-25 Operating Budget has sufficient funds to accommodate this increase to the Professional Services Agreements.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:
1. Second Amendment to the Professional Services Agreement with Graves & King for representation in the Mark Detinne, et al. v. City of San Bernardino, et al. San Bernardino Superior Court Case No. CIVDS 2016739 increasing the not-to-exceed amount from $150,000 to $350,000.
2. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731 increasing the not-to-exceed amount from $450,000 to $950,000.
3. Fifth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et al., San Bernardino Superior Court Case No. CIVDS2003802 increasing the not- to-exceed amount from $225,000 to $241,859.69.S
4. Second Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi, for representation in the Maria Segura, as successor in interest to Nicholas Segura, et al. v. City of San Bernardino, US District Court Case No. 8:23-cv-00786-HDV-DFM increasing the not-to-exceed amount from $100,000 to $200,000.
Attachments
Attachment 1 – Second Amendment to the Professional Services Agreement with Graves & King
Attachment 2 – Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo
Attachment 3 – Fifth Amendment to the Professional Services Agreement with Lynberg and Watkins
Attachment 4 – Second Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi
Attachment 5 – Professional Services Agreement and Prior Amendments with Graves & King
Attachment 6 – Professional Services Agreement and Prior Amendments with Atkinson, Andelson, Loya, Ruud & Romo
Attachment 7 – Professional Services Agreement and Prior Amendments with Lynberg and Watkins
Attachment 8 – Professional Services Agreement and Prior Amendments with Lawrence, Beach, Allen & Choi
Ward:
All Wards
Synopsis of Previous Council Actions:
March 16, 2022, the Mayor and City Council authorized the City Manager to execute the First Amendment with Graves & King for representation in the Mark Detinne, et al. v. City of San Bernardino, et al. San Bernardino Superior Court Case No. CIVDS 2016739
May 15, 2024, the Mayor and City Council authorized the City Manager to execute the Third Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis, et al. v. City of San Bernardino, et al Case No. CIVSB 2226731 April 19, 2023, the Mayor and City Council authorized the City Manager to execute the Fourth Amendment with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No.
CIVDS2003802.
November 1, 2023 the Mayor and City Council authorized the City Manager to execute the First Amendment with Lawrence, Beach, Allen & Choi for representation in the Maria Segura, as successor in interest to Nicholas Segura, et al. v. City of San Bernardino, US District Court Case No. 8:23-cv-00786-HDV-DFM.