CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Suzie H. Soren, Deputy City Manager;
Andrea E. Russell, Director of Human Resources & Risk
Management
Department: Human Resources & Risk Management
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. Third 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
2. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.
City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices and retain current legal counsel.
Background
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.
On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000.
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 total not to exceed $100,000.
On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000.
Discussion
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. This case is now closed.
Increasing the not to exceed cap will fund all final pending invoices.
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. It is advisable to maintain this firm as continued representation is essential to protect the City’s interest and avoid unnecessary liability.
The proposed amendments to the contract amounts are as follows:
Case Firm Current Not-to-
Exceed Amount
Proposed Not-to-
Exceed Amount
Estate of Rob
Marquise Adams,
et al. v. City of San
Bernadino
5:2022cv02206
Carpenter,
Rothans
& Dumont
$250,000 $350,000
Brian Pellis, et al.
v. City of San
Bernardino, et al
CIVSB 2226731
Atkinson,
Andelson,
Loya, Ruud &
Romo
$250,000 $500,000
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 $350,000.
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. Third 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
2. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.
City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 Attachments
Attachment 1 – Exhibit A - Original Contracts
Attachment 2 – Exhibit B - Amended Contracts
Ward:
All Wards
Synopsis of Previous Council Actions:
January 23, 2024 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
January 23, 2024 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.