REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 05, 2023
FROM
TOM BUNTON, County Counsel
SUBJECT
Title
Purchase Order with Miller Barondess, LLP for Specialized Legal Services
End
RECOMMENDATION(S)
Recommendation
Authorize the Purchasing Agent to increase Purchase Order No. 4100313693 with Miller Barondess, LLP by $750,000 from $200,000 to a not-to-exceed amount of $950,000, in order to continue specialized legal services to defend litigation in federal court titled Gary G., et al. v. Gavin Newsom, et al.
(Presenter: Tom Bunton, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Sufficient appropriation and revenue have been included in the 2023-24 Children and Family Services Budget and will be included in future recommended budgets, as necessary.
BACKGROUND INFORMATION
On May 30, 2023, the County was served with the lawsuit titled Gary G., et al. v. Gavin Newsom, et al (Gary G. lawsuit). The Gary G. lawsuit is a proposed class action lawsuit challenging certain California and San Bernardino County policies and procedures controlling the care of foster children.
After soliciting proposals from several law firms, the Office of County Counsel selected the law firm of Miller Barondess, LLP as the most qualified to defend the County and its employees in the Gary G. lawsuit. Miller Barondess, LLP has particular expertise in similar cases.
Approval of this item will allow Children and Family Services to continue to utilize Miller Barondess, LP for the specialized legal services. The Gary G. matter is unique litigation that requires the County to defend a large majority of the policies and procedures used to provide foster care services throughout the county. Thus, this is anticipated to be expensive litigation.
PROCUREMENT
Pursuant to Title 1, Division 2, Chapter 19, Section 12.1908 of the County Code and County Policy 11-04, County Counsel is authorized to select and retain, through a purchase order, specialized legal counsel for a particular matter not-to-exceed $200,000 per fiscal year. Contracts for specialized legal services in excess of $200,000 per fiscal year require Board of Supervisors (Board) approval.
In May 2023, the Office of County Counsel invited proposals from several law firms. Miller Barondess, LLP was selected after reviewing these proposals and interviewing the proposed attorneys. The Office of County Counsel retained Miller Barondess, LLP on June 12, 2023 with a contract limited to $120,000.
On June 9, 2023, the Purchasing Department approved Purchase Order No. 4100304179 in the amount of $120,000 to retain Miller Barondess, LLP to provide specialized legal services. Purchase Order No. 4100304179 was fully expended.
On August 22, 2023, the Purchasing Department approved Purchase Order 4100313693 in the amount of $200,000. There is approximately $46,000 remaining on this Purchase Order. The fees in this matter through the end of the fiscal year are expected to be up to $750,000 requiring Board approval to increase the Purchase Order accordingly.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Laura Feingold, Principal Assistant County Counsel, 387-5459) on November 14, 2023; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on November 17, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404) on November 16, 2023; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on November 17, 2023.