San Bernardino header
File #: 9178   
Type: Consent Status: Passed
File created: 11/27/2023 Department: County Counsel
On agenda: 12/5/2023 Final action: 12/5/2023
Subject: Purchase Order with Miller Barondess, LLP for Specialized Legal Services
Attachments: 1. Item 30 Executed BAI
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 an...

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