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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department: Human Resources
Subject: Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:
1. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807
3. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS 1 7
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6. Second Amendment to the Professional Services Agreement with Jones & Mayer, for representation of City employee Imran Ahmed in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices and retain current legal counsel.
Background
Andrea Miller (II) V. City of San Bernardino
On April 30, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.
On July 2, 2021, the City entered into the first amendment to the agreement for a total not to exceed $100,000. On April 6, 2022, the City entered into the second amendment to the agreement for a total not to exceed 200,000. On January 18, 2023, the City entered into the third amendment to the agreement for a total not to exceed 300,000.
Andrea Miller (II) v. City of San Bernardino
On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks, Wrage & Alfaro to represent Councilmember Sandra Ibarra in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.
On January 18, 2023, the City entered into the second amendment to the agreement for a total not to exceed 250,000.
Estate of Rob Marquise Adams, et al. v. City of San Bernardino On July 18, 2022, the City entered into an agreement with Carpenter, Rothans & Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino. Case No. 5:2022cv02206
On May 31, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.
Brian Pellis, et al. v. City of San Bernardino, et al.
On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US District Court Case No. CIVSB 2226731.
On October 17, 2023, the city entered into the first amendment to the agreement for a 1 7
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total not to exceed $100,000.
Deshawn Wright v. City of San Bernardino
On December 9, 2021, the City entered into an agreement with Carpenter, Rothans & Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS.
On May 31, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.
Deshawn Wright v. City of San Bernardino
On May 17, 2022, the City entered into an agreement with Jones & Mayer in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent Imran Ahmed in the Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS.
On May 31, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.
Discussion
At this time, it is necessary to increase the not-to-exceed contract amounts for all agreements listed above.
Both Atkinson, Andelson, Loya, Ruud and Romo and Stream Kim Hicks Wrage & Alfaro have worked on behalf of the City and Councilmember Sandra Ibarra on the Andrea Miller (II) v. City of San Bernardino matter. This case is now closed. Increasing the not to exceed cap will fund all final pending invoices.
Carpenter, Rothans & Dumont, LLP have worked on behalf of the City on the Estate of Rob Marquise Adams, et al. v. City of San Bernardino matter. It is advisable to maintain this firm as continued representation is essential to protect the City’s interest and avoid unnecessary liability.
Atkinson, Andelson, Loya, Ruud and Romo have represented the City in the Brian Pellis. v. City of San Bernardino matter. This case is still active. Increasing the not to exceed limit will retain this firm as counsel for this matter.
Both Carpenter, Rothans & Dumont and Jones & Mayer have worked on behalf of the City and City employee Imran Ahmed on the Deshawn Wright v. City of San Bernardino matter. This case is now closed. Increasing the not to exceed cap will fund all final pending invoices.
The proposed amendments to the contract amounts are as follows:
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Case Firm Current Not-to-
Exceed Amount
Proposed Not-to-
Exceed Amount
Andrea Miller (II) v.
City of San
Bernadino E080807
Atkinson, Andelson,
Loya Ruud & Romo
$300,000 $325,000
Andrea Miller (II) v.
City of San
Bernadino E080807
Stream, Kim, Hicks,
Wrage & Alfaro
$250,000 $325,000
Estate of Rob
Marquise Adams, et
al. v. City of San
Bernadino
5:2022cv02206
Carpenter, Rothans
& Dumont
$100,000 $250,000
Brian Pellis, et al. v.
City of San
Bernardino, et al
CIVSB 2226731
Atkinson, Andelson,
Loya, Ruud & Romo
$100,000 $250,000
Deshawn Wright v.
City of San
Bernardino
5:21-0032-CAS
Carpenter, Rothans
& Dumont
$100,000 $175,000
Deshawn Wright v.
City of San
Bernardino
5:21-0032-CAS
Jones & Mayer $100,000 $175,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments 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 total increase to the contracts is $550,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:
1. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807 1 7
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3. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21-0032-CAS Attachments
Attachment 1 – Original Contracts
Attachment 2 – Amended Contracts
Ward:
All Wards
Synopsis of Previous Council Actions:
May 31,2023 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis, et al. v. City of San Bernardino, et al Case No. CIVSB 2226731
May 31, 2023 The Mayor and City Council authorized the City Manager to execute the First Amendment Carpenter, Rothans & Dumont LLP for representation in the Estate of Rob Marquise Adams, et al. v.
City of San Bernardino Case No. 5:2022cv02206.
May 31, 2023 The Mayor and City Council authorized the City Manager to execute the First Amendment Jones and Mayer for representation of Imran Ahmed in D. Wright case v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS.
May 31, 2023 The Mayor and City Council authorized the City Manager to execute the First Amendment Carpenter, Rothans and Dumont for representation in D. Wright case v. City of San Bernardino, et al., United States District Co. Case No. 5:21- 0032-CAS.
January 18, 2023 The Mayor and City Council authorized the City Manager to execute the Third Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. 1 7
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City of San Bernardino. 4th District Court of Appeals Case No.
E080807.
January 18, 2023 The Mayor and City Council authorized the City Manager to execute the Second Amendment with Stream Kim Hicks Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.