Legislation Details

File #: 26-1256    Version: 1
Type: Agreement Status: Agenda Ready
File created: 6/2/2026 In control: Board of Supervisors
On agenda: 6/16/2026 Final action:
Title: Approve and authorize seven (7) legal services agreements for general liability defense legal services with the following firms: Allen, Glaessner, Hazelwood, & Werth, LLP; Bertrand, Fox, Elliott, Osman + Wenzel; Hawkins Parnell & Young, LLP; Lozano Smith, LLP; McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP; Porter Scott Attorneys; and Renne Public Law Group, with annual contract maximums ranging from $250,000 to $500,000, with terms from July 1, 2026, to June 30, 2029, with the possibility of a one-time two (2) year extension at the option of County Counsel. (Fiscal Impact: $3,250,000 Expense; Risk Management Fund; Budgeted; Discretionary)
Attachments: 1. Liability Counsel Firm Descriptions, 2. Allen Glaessner Agreement, 3. Bertrand Fox Agreement, 4. Hawkins Parnell Agreement, 5. Lozano Smith Agreement, 6. McNamara Firm Agreement, 7. Porter Scott Agreement, 8. RPLG Agreement, 9. Exhibit D PRISM Defense Counsel Standards
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TO:                     Board of Supervisors

FROM:                     Sheryl L. Bratton, County Counsel

REPORT BY:                     Jason M. Dooley, Chief Deputy County Counsel

SUBJECT:                     Approve and authorize the Chair to execute the legal services agreements for litigation defense with the seven selected firms.

 

RECOMMENDATION

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Approve and authorize seven (7) legal services agreements for general liability defense legal services with the following firms: Allen, Glaessner, Hazelwood, & Werth, LLP; Bertrand, Fox, Elliott, Osman + Wenzel; Hawkins Parnell & Young, LLP; Lozano Smith, LLP; McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP; Porter Scott Attorneys; and Renne Public Law Group, with annual contract maximums ranging from $250,000 to $500,000, with terms from July 1, 2026, to June 30, 2029, with the possibility of a one-time two (2) year extension at the option of County Counsel. (Fiscal Impact: $3,250,000 Expense; Risk Management Fund; Budgeted; Discretionary)

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BACKGROUND

The Risk Management program is responsible for the administration of the County’s self-insured General Liability Program providing coverage for civil claims, including personal injury and property damage claims, to all County departments and agencies under the direction of the Board of Supervisors. From time to time, Risk Management retains outside defense firms to represent the County in tort claims and/or civil litigation. These law firms are assigned cases by the County based upon their ability and specific experience with public entity defense.

Currently, the County does not engage these firms directly. Instead, the County’s third-party administrator, George Hills Company, sends letters of retention on the County’s behalf and manages invoices. To align with best practices, beginning in 2023, County Counsel became involved in assigning cases to those firms already engaged through George Hills, as well as reviewing and approving all invoices. County Counsel is uniquely well-suited for this work, since attorneys are best able to recognize when outside counsel has been inefficient or billed excess hours. 

To align the process of engaging outside counsel with the practices of other counties, and to ensure greater oversight of Risk Management expenses, County Counsel issued a Request for Proposal (RFP) for as needed liability counsel which included direct contracts for legal services between the County and the selected firms. Twenty-four (24) firms responded to the RFP. Following the evaluation, including interviews of the top ranked firms, seven firms were selected to award contracts. The selection committee, consisting of representatives from County Counsel and Risk Management, was pleased with the recommended law firms’ high level of qualifications and experience in public entity tort and liability defense.

The selected firms are: 1) Allen, Glaessner, Hazelwood, & Werth, LLP (Agreement Number 270065B): 2) Bertrand, Fox, Elliott, Osman + Wenzel (Agreement Number 270067B); 3) Hawkins Parnell & Young, LLP (Agreement Number 270071B); 4) Lozano Smith, LLP (270068B); 5) McNamara, Ambacher, Wheeler, Hirsig & Gray LLP (270069B); 6) Porter Scott (Agreement Number 270070B); and 7) Renne Public Law Group (Agreement Number 270066B). Four out of these seven firms currently represent the County in General Liability matters, among other matters. Information about each of the selected firms is outlined in Attachment 1.

The agreements proposed in this report are all fee for service contracts with no minimum or maximum amount of work guaranteed to the firms. The agreements also contain a termination clause that allows the County to terminate the agreements at any time. Actual costs will depend on future litigation or specific projects assigned to each firm. All assignments are reviewed by County Counsel and Risk Management, and all legal services invoices are approved by County Counsel, which tracks all work and expenses of each firm. The initial contract term is recommended for a 3-year term with the possibility of a one-time two (2) year contract renewal, at the option of the Chief Human Resources Director and County Counsel based on satisfactory performance. Each contract is subject to an annual maximum, ranging from $250,000 to $500,000. In the case of the firms that have existing matters with the County, the maximum was selected based on data relating to annual amounts paid.  Depending upon the number of case assignments to each firm and the size and scope of each case assigned, this limit may never be reached, or may require a contract amendment, which would be presented to this Board for authorization.

Notably, the County’s policies with PRISM allow for reimbursement of legal expenses above the County’s self-insured retention amount. However, PRISM does not consider the legal fees of in-house counsel, i.e., County Counsel, as qualifying for reimbursement.

Requested Action:
Approve and authorize the Chair to sign the legal services agreements for litigation defense with the seven selected firms, effective July 1, 2026.

 

FISCAL IMPACT

Is there a Fiscal Impact?

Yes

Is it currently budgeted?

Yes

Where is it budgeted?

4500 - Liability Insurance

Is it Mandatory or Discretionary?

Discretionary

Discretionary Justification:

These law firms specialize in public entity litigation defense

Is the general fund affected?

Yes

Future fiscal impact:

Funds will be appropriated in future fiscal years, as needed.

Consequences if not approved:

Litigation would have to be handled in house by County Counsel, taking time away from other projects. Further, such legal defense costs would not be reimbursed by PRISM.

Additional Information

County Strategic Initiative: Elevate County Service and Workforce Excellence

 

ENVIRONMENTAL IMPACT

ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.