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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: First Amendment to Professional Services Agreement with Bracy Law for Arlington Rodgers v. City of San
Bernardino, Increasing the Not-To-Exceed amount from
$100,000 to $150,000 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute the first amendment to the Professional Services Agreement with Bracy Law for representation in the Arlington Rodgers v. City of San Bernardino, et al., Superior Court Case No.
CIVSB2209176 increasing the not-to-exceed amount from $100,000 to $150,000.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The City retained Bracy Hawkins Law, P.C. in October 2023 to represent the City in the Arlington Rodgers litigation under a professional services agreement with an aggregate not-to-exceed amount of $100,000. The litigation remains active, and additional contract authority is needed to continue the City's legal representation.
Background
Arlington Rodgers v. City of San Bernardino
On October 16, 2023, the City entered into an agreement with Bracy Law in the amount of $100,000 pursuant to 3.04.040 (A) of the Municipal Code to represent the City in the Arlington Rodgers v. City of San Bernardino, San Bernardino Superior Court Case CIVSB2209176. This case remains active.
Discussion
The Arlington Rodgers matter remains active, and the existing $100,000 contract authorization amount needs to be increased for continued legal services. 3 5
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Bracy Law has provided effective and timely legal services on this matter. Increasing the not-to-exceed limit will allow for the continued engagement of this firm as legal counsel for the City. Maintaining this relationship is recommended to protect the City’s interests and minimize potential liability.
The amendment does not change the scope of representation or the existing hourly billing rates of $180 for paralegal services, $275 for associate attorney services, and $300 for partner attorney services.
Case Firm Current Not-to-
Exceed Amount
Proposed Not-to-
Exceed Amount
Arlington Rodgers Bracy Law $100,000 $150,000
Strategic Goals and Priorities
Authorization of this amendment 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 increases by $50,000. The Fiscal Year 2026-27 Operating Budget has sufficient funds to accommodate this increase to the Professional Legal Services Agreements.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute the first amendment to the Professional Services Agreement with Bracy Law for representation in the Arlington Rodgers v. City of San Bernardino, et al., Superior Court Case No.
CIVSB2209176 increasing the not-to-exceed amount from $100,000 to $150,000.
Attachments
Attachment 1 – First Amendment to the Professional Services Agreement with Bracy Law for representation in the Arlington
Rodgers case.
Attachment 2 - Professional Services Agreement with Bracy Law for representation in the Arlington Rodgers case.
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A