LYNBERG& WATKINS WWW.LYNAFRE.COM
LOS ANGELES ORANGE COUNTY SAN DIEGO CENTRAL COAST
1150 S. Olive Street 1100 Town & Country Road 8880 Rla San Diego Drive 8930 Morro Road Eighteenth Floo suite #1450 Suite #1045 Alascadera, CA 9342 Tel 714 C97-1080 San Diego, CA 92108 Tel 805-232-3884
Te1 215624680015 Tel 619-814-2169 Fax 805-314-2661
Fax 213-892-2763 Fax 714 937-1003 Fax 619-356-4968
REPLY TO: ORANGE COUNTY
July 5, 2019
VIA ELECTRONIC MAIL
Teri Ledoux
Interim City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
RETENTION AGREEMENT
Saenz et al. v. City of San Bernardino City Council, et Superior Court of the State of Califomia,
County of San Bernardino, Case No. CIV DS 1919509
Date of Complaint: July 2, 2019
Our File No.: 1859-0007
This Retention Agreement memorializes that the City of San Bernardino has retained Agreement sets forth the Parties' mutual understanding with respect to the scope of work for which Lynberg & Watkins is responsible, and the fees, costs, and disbursements for which the City of San Bernardino will be responsible.
Lynberg & Watkins agrees to render all necessary professional services arising from and related to the litigation of the above-referenced lawsuit (the "Litigation"'), including without limitation court appearances, drafting of pleadings, correspondence, communications and other documents, analysis, consultation, professional opinions, and such other services as may be required and directed by the City of San Bernardino in relation thereto.
The City of San Bernardino is responsible for attorneys' fees resulting from this representation. Our fees in this matter will be billed monthly and will be due within thirty Re: Saenz et al. v. City of San Bernardino City Council et al.
July 5, 2019
(30) days. Our rates in this matter are an agreed "blended" rate of two hundred twenty- five dollars ($225.00) per hour for all of our attorneys. Paralegal services will be billed at one hundred fifteen ($115.00) dollars per hour. In addition, the City of San Bernardino will be billed for any and all costs and fees advanced in relation to the Litigation, including, without limitation, photocopying, filing fees, and all travel, calculated from our Orange County office. The City of San Bernardino will receive a monthly statement listing all charges and describing the services provided.
Each of the Parties warrants and represents to the other that the signature provided below on its behalf is duly authorized. As such, this Retention Agreement binds the Parties with respect to provision of legal services, payment of attorneys' fees, and reimbursement of related costs and fees incurred, between the commencement of said services and approval and ratification of this Retention Agreement by the City Council of the City of San Bernardino. Pending that approval and ratification, payments to Lynberg & Watkins shall not exceed fifty thousand dollars ($50,000.00).
Please be advised that at the time this case is concluded and the file is closed, any original documents will be returned to the City of San Bernardino, should you so request. Case files are maintained for a period of ten (10) years and are then appropriately destroyed. No notice of intended destruction will be provided at that time.
The City of San Bemardino is entitled to dismiss Lynberg & Watkins at any time, but the City shall be responsible for any bill for services rendered up to that occurrence.
Lynberg & Watkins routinely uses computer hardware, "cloud" - based law practice management and document/record/file storage software, and mobile communication devices to advance its efficient practice of law. Lynberg & Watkins is aware of the need to take reasonable measure to the security and confidentiality of client and third- party data. Upon request, Lynberg & Watkins will provide information related to its technology practices to the City of San Bernardino. The Parties understand and agree that most, if not, all the documents/records/files that Lynberg & Watkins will receive or send in conjunction with services provided under this Retention Agreement will be in a digital or electronic format. The Parties further understand and agree that the data of the City or third persons may be stored, maintained and accessed on cloud based vendor email or document management servers to which Lynberg & Watkins has access. In executing this Retention Agreement, the City of San Bernardino provides its informed consent allowing Lynberg & Watkins to use such cloud-based email and document management services in performance of its services for the City of San Bernardino.
In accordance with the Califomia Business & Professions Code, Lynberg & Watkins, APC continually maintains professional liability insurance.
If the City of San Bernardino understands and agrees to the terms and conditions described herein, please indicate that consent by signing a copy of this Retention Agreement and returning a signed copy to this office. Please retain a signed copy for 2 4840-5119-9388, v. 1
Re: Saenz et al. v. City of San Bernardino City Council et al.
July 5, 2019
your records.
Thank you again for selecting this firm to assist you in this important matter. We will of course always do our utmost to provide you with efficient service and strive to achieve the best results possible in this and any other matter you may refer to us for handling LYNBERG & WATKINS, APC Representation Accepted By
CITY OF SAN BERNARDINO:
Frank ACI In ladent
BY: EXECUTING PARTNER SIGNATURE
DATE: 7•8-19 Teri Ledoux
PRINTED NAME
City Manager
TITLE
DATE: 7-8-19
3 4840-5119-9388, v. 1
Jamileh Sarabian
From: Jamileh Sarabian
Sent: Wednesday, July 10, 2019 9:47 AM
To: '[email protected]'
Subject: Saenz et al. v. City of San Bernardino City Council, et al.
Attachments: Itr to ledoux.pdf
Dear Ms. Ledoux:
Enclosed please find a copy of your Retention Agreement. I have also mailed the original Retention Agreement to you today.
If you have trouble opening the enclosed attachment, please call me at (714) 352-3517.
Thank you.
Cordially,
JAMILEH SARABIAN
Off: 714-937-1010 Fax: 714-937-1003
Dir: 714-352-3517
LEGAL ASSISTANT TO:
Edward Z. Kotkin, Esq.
Ruben Escobedo III, Esq.
Jonathan A. Arjonilla, Esq.
LYNBERG& WATKINS
1100 W. Town & Country Rd., Suite 1450
range, California 92868
www.lynbers.com www.linkedin.com
LYNBERG & WATKINS WWW.IYNBERG.CON
LOS ANGELES ORANGE COUNTY SAN DIEGO CENTRAL COAST
1150S. Olive Street 185 West F Street 8930 Morro Road
4th Floor Atascadero, CA 93422
San Diego, CA 92101 Tel 805-626-5377
Tel 619-814-2169 Fax 805-626-5326
Fax 714 937-1003 Fax 619-356-4968
REPLY TO: ORANGE COUNTY
February 26, 2020
VIA ELECTRONIC MAIL
Teri Ledoux
City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
AMENDMENT TO RETENTION AGREEMENT
City of San Bernardino v. Saenz et al.
Fourth District Court of Appeal, State of California
Date of Notice of Appeal: December 13, 2019
Our File Nos.: 1859-0008
Saenz et al. v. City of San Bernardino et al.
Not Identified to Date
Date of Incident: Continuing through June/July 2019
Our File Nos.: 1859-0009
Supplemental Matters
TBD
This Amendment to Retention Agreement ("Amendment") memorializes that the City of San Bernardino has retained Lynberg & Watkins, APC to represent it as its attorneys and to render legal services related to the above-referenced matters. The City of San Bernardino and Lynberg & Watkins are sometimes referenced below in the aggregate as the "Parties." This Amendment pertains and relates to, and amends that certain Retention Agreement executed by and between the Parties on July 8, 2019 (the "Original Agreement*). The Original Agreement is attached to this Amendment as Exhibit "A," and incorporated in its entirety herein. Except as specifically indicated in this Amendment, all necessary professional services arising from and related to the above-referenced matters (the "Services"), and all terms and conditions applicable thereto, shall be in accordance with the Original Agreement.
Now that work under the Original Agreement is complete, this Amendment sets forth the Parties' mutual understanding with respect to the continuing scope of legal work for which Lynberg & Watkins shall be responsible, and the fees, costs, and disbursements for which the City of San Bernardino will be responsible, to the limited extent that they vary from the Original Agreement.
Re: City of San Bernardino v. Saenz et al.,
Saenz et al. v. City of San Bernardino, and Supplemental Matters February 26, 2020
Lynberg & Watkins agrees to render all necessary professional services arising from and related to the above-referenced matters (the "Services"), including without limitation court appearances, drafting of pleadings, correspondence, communications and other documents, analysis, consultation, professional opinions, and such other services as may be required and directed by the City of San Bemardino in relation thereto.
The Parties agree that Lynberg & Watkins shall represent the City in (1) an appeal to be filed with the Fourth District Court of Appeal in relation to the trial court's issuance, on October 15, 2019, of a writ of mandate in the matter that was the subject of the Parties' Original Agreement ("Original Matter"), (2) any lawsuit filed by the petitioners in the Original Matter in relation to their tort claim dated July 23, 2019 and transmitted to the City under cover of a letter dated July 24, 2019, and (3) any supplemental matter as determined by the City of San Bernardino, provided however that the City Manager shall not have independent authority hereunder to engage the services of Lynberg & Watkins as to any new matter that will cause any payment to Lynberg & Watkins, exclusive of other Services provided hereunder, in excess of twenty-five thousand dollars ($25,000.00).
Our rates in the appellate matter referenced above, and in any matter to be litigated before any court of appeal hereunder, shall be an agreed "blended" rate of two hundred seventy-five dollars ($275.00) per hour for all of our attorneys, with paralegal services billed at one hundred twenty five dollars ($125.00) per hour. Hourly rates as to all other Services hereunder as shall remain as stated in the Original Agreement, unless they are the subject of a further amendment to the Original Agreement.
If the City of San Bernardino understands and agrees to the terms and conditions described herein, please indicate that consent by signing a copy of this Amendment, and returning a signed copy to this office. Each of the Parties warrants and represents to the other that the signature provided below on its behalf is duly authorized. Please retain a signed copy of this Amendment for your records.
Thank you again for selecting this firm to assist you with Services. We will of course always do our utmost to provide you with efficient service, and strive to achieve the best results possible in this and any other matter you may refer to us for handling.
LYNBERG & WATKINS, APC Representation Accepted By
CITY OF SAN BERNARDINO:
2000:
BY: EDWARD Z. KOTKIN
03/11/2020 Teri Ledoux, City Manager
DATE: PRINTED NAME/TITLE
DATE: 2127/2020
2 Re: City of San Bernardino v. Saenz et al.,
Saenz et al. v. City of San Bernardino, and Supplemental Matters February 26, 2020
4843-0580-4982, v. 1
3 SECOND AMENDMENT TO RETENTION AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND LYNBERG & WATKINS, APC
This Second Amendment ("Second Amendment") is entered into by and between the City of San Bemardino, a charter city organized under the laws of the State of California (hereinafter the 'City"), and Lynberg & Watkins, APC (hereinafter the "Firm") as of July 15, 2020. City anc 'irm are at times referred to individually as "Party" and collectively as the "Parties." WHEREAS, City and Firm entered into the Retention Agreement dated July 5, 2019 for the provision of legal services in connection with the San Bernardino Superior Court case Saenz et al. V. City of San Bernardino City Council, et al. (CIVDS 1919509) ("Original Agreement"); WHEREAS, City and Firm amended the Original Agreement by letter agreement on February 26, 2020 to cover an appeal of the above case and the handling of a tort claim and related case (First Amendment); and
increase the no-os, cred ap From 2, i. 0573,0 the Original Agreement, as amended, to NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
Not-To-Exceed Cap. The $25,000.00 not-to-exceed cap imposed on the new tort claim and related case in the First Amendment is hereby increased to $75,000.00. amended by fict on other rosie l the roans of the Original premen, as IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written.
CITY FIRM
Frank Ac !
5. - 1... 1.
Teri Ledoux, City Manager Frank Harrell, Shareholder
DocuSign Envelope ID: 290C1034-4AB1-45D0-9F8A-98E21F2B8173
EXHIBIT A
THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH LYNBERG & WATKINS
This Third Amendment ("Third Amendment") to the Professional Services Agreement dated August 17, 2022 is made and entered into by and between the City of San Bernardino ("City") and Lynberg & Watkins ("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 8, 2019, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1919509 ("Original Agreement").
b. On February 26, 2020, the City entered into a first amendment to the agreement.
On July 15, 2020, the City entered into a second amendment to the agreement. d. City and Consultant now desire to increase the amount of the Second Agreement.
The Second Agreement is hereby amended to increase the total not to exceed amount from $75,000 to $150,000.
Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.
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: 8/22/2022 LYNBERG & WATKINS
S. Frank Harrell
By: S. Frank Harrell
Its: Partner
Dated: 8/23/2022 CITY OF SAN BERNARDINO
Robert Field
By: Robert D. Field
Its: City Manager
DocuSign Envelope ID: 3F5A9D51-89C3-4C1E-A3A3-AD9B6FDE1C06
FOURTH AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH LYNBERG & WATKINS
This Fourth Amendment ("Fourth Amendment) to the Professional Services Agreement dated April 19, 2023 is made and entered into by and between the City of San Bernardino ("City") and Lynberg & Watkins ("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 08, 2019, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Co. Case No. CIVDS 20003802 ("Original Agreement").
On February 26, 2020, the City and Consultant entered into a First Amendment to the Professional Services Agreement (First Amendment).
c. On July 15, 2020, the City and Consultant entered into a Second Amendment to the Professional Services Agreement (Second Amendment). d. Tote Protesional rice A gand Cent Thind enced into the Third Amendment from S150, Or to S223,00, The Original Agreement is hereby amended to increase the total not to exceed amount Agreement shal repai as mul fire ay chitect for Amendiner, all provisions of the Original This Fourth 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: 16 _ 2023 LYNBERG & WATKINS
5. Frank Harrell
By: S. Frank Harrell
Its: Partner
Dated: 15 _ 2023 CITY OF SAN BERNARDINO
Charles E. Merkely
By: Charles McNeely
Its: City Manager