-1-
AMENDMENT NO. 2 TO
AGREEMENT FOR MUNICIPAL LEGAL SERVICES AND CITY ATTORNEY
SERVICES BETWEEN CITY OF SAN BERNARDINO AND BEST BEST & KRIEGER LLP
This Amendment No. 2 to the Agreement for Municipal Legal Services and City Attorney Services is made and entered into as of August 5, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (“BB&K”). City and BB&K are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and BB&K entered into an Agreement for Municipal Legal Services and City Attorney Services, dated August 1, 2018 (the “Original Agreement”).
B. WHEREAS, the City and BB&K entered into an Amendment No. 1 to the Original Agreement, dated June 19, 2019, for the purpose of establishing a reduced rate for as-needed code enforcement legal services and City Prosecutor services (“Amendment No. 1”).
C. WHEREAS, the Parties now desire to amend the Original Agreement in order to memorialize the Mayor and City Council’s unanimous decision to appoint Albert J. Maldonado as the City Attorney for the City of San Bernardino at their regular meeting held on July 15, 2026.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement and Amendment No. 1, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Section 3.3.2 of Original Agreement (Designated City Attorney).
Section 3.3.2 of Section 3.3 of the Original Agreement (Designated City Attorney) is hereby deleted in its entirety and replaced with the following language:
“3.3.2 Commencing August 5, 2026, Albert J. Maldonado shall be designated as City Attorney, and shall be responsible for the performance of all Services under this Agreement, including the staffing and supervision of Services performed by other members of BB&K. Andrew Saghian and Elleasse Taylor shall -2-
be designated as Assistant City Attorneys, and shall attend such meetings as may be requested by the City Attorney. No change in these assignments shall be made without the consent of the Client, which may be granted or withheld in Client’s sole and absolute discretion.”
3. Amendment to Section 3.19 of Original Agreement (Delivery of Notices).
Section 3.19 of the Original Agreement (Delivery of Notices) is hereby amended, in part, to update the notice contact information for BB&K as follows:
“BB&K: Best Best & Krieger LLP
2855 East Guasti Road, Suite 400
Ontario, CA 91761
Attention: Albert J. Maldonado”
4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as amended by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.
5. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
-3-
SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE AGREEMENT FOR MUNICIPAL LEGAL SERVICES
AND CITY ATTORNEY SERVICES BETWEEN CITY OF SAN BERNARDINO AND
BEST BEST & KRIEGER LLP
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
Eric Levitt
City Manager
BEST BEST & KRIEGER LLP
Albert J. Maldonado
Partner