REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 3, 2024
FROM
TOM BUNTON, County Counsel
SUBJECT
Title
Purchase Order with Hooper, Lundy & Bookman, P.C. for Specialized Legal Services
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RECOMMENDATION(S)
Recommendation
Authorize the Purchasing Agent to increase Purchase Order No. 4100381102 with Hooper, Lundy & Bookman, P.C. by $550,000, from $200,000 to a not-to-exceed amount of $750,000, for the continued provision of specialized legal services to defend litigation in federal and state court titled American Medical Response of Inland Empire v. County of San Bernardino et al. and other specialized legal services related to ambulance services/health care law (Four votes required).
(Presenter: Tom Bunton, County Counsel, 387-5455)
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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 for the cost is included in the 2024-25 Litigation Budget (1340001000).
BACKGROUND INFORMATION
The litigation in federal and state court follows the Board of Supervisors’ (Board) approval on December 5, 2023 (Item No. 80), of a contract with the Consolidated Fire Agencies for ground ambulance services. Hooper, Lundy & Bookman, P.C. (Hooper Lundy) has expertise in ambulance services and healthcare law. Four votes are required under Government Code section 25203, as the Board is approving employment of counsel to assist County Counsel in an ongoing legal matter.
PROCUREMENT
Pursuant to County Code section 12.1908 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 approval.
In December 2023, the Office of County Counsel invited proposals from several law firms. Hooper Lundy was selected after reviewing the proposals and interviewing the proposed attorney.
On February 6, 2024, the Purchasing Department (Purchasing) approved Purchase Order No. 4100341650 in the amount of $200,000 to retain Hooper Lundy to provide specialized legal services. On May 21, 2024 (Item No. 29), the Board approved an increase of $300,000 for a not-to-exceed amount of $500,000. Purchase Order No. 4100341650 has been fully expended.
On October 29, 2024, Purchasing approved a new Purchase Order No. 4100381102 with Hooper Lundy in the amount of $200,000. There is approximately $98,000 remaining on Purchase Order No. 4100381102. The state and federal litigation is ongoing and additional funding is required.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on November 1, 2024; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on November 4, 2024; Finance (Carl Lofton, Administrative Analyst, 387-5404) on November 12, 2024; Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on November 14, 2024.