TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Jason M. Dooley, Chief Deputy County Counsel
SUBJECT: Amendment No. 6 to Agreement No. 160133B with Hanson Bridgett LLP
RECOMMENDATION
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Approve and authorize Amendment No. 6 to Agreement No. 160133B with the law firm of Hanson Bridgett LLP extending the term of the agreement to expire on June 30, 2031. (Fiscal Impact: Nominal; Discretionary)
[4/5 vote required]
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BACKGROUND
County Counsel is the public officer vested by the State with authority to advise and represent the County and its officers in all legal matters and civil actions. (Gov. Code, §§ 26520, 26526, 26529, 27642.) The Board of Supervisors may employ outside counsel to assist the County Counsel in providing legal advice or litigation services (Gov. Code, §§ 31001, 25203) or where the County Counsel has a conflict of interest (Gov. Code, § 31000.6, subd. (a)) or the County refuses to provide representation. (Gov. Code, § 996.4.)
The County entered into Agreement No. 160133B with Hanson Bridgett LLP on September 20, 2013. The Agreement was subsequently amended in 2014 to adjust the term, in 2015 to adjust the maximum compensation and billing rates, in 2016 to adjust the scope of work and maximum compensation, in 2023 to adjust the term and hourly rates, and in 2025 to adjust the scope of work and hourly rates. The agreement provides for consultation and legal advice as necessary, with specific assistance on Elections law, as well as specialized litigation services. The proposed amendment would change the term to expire on June 30, 2031, with two renewals at the end of each fiscal year.
Requested Action: Approve and authorize Amendment No. 6 to Agreement No. 160133B with Hanson Bridgett LLP amending the term of the agreement.
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
County Counsel |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The County is involved in tax litigation that requires specialized knowledge and additional resources. Hanson Bridgett is representing Napa County in this matter. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future fiscal years as needed. |
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Consequences if not approved: |
If the proposed amendments are not approved, litigation would have to be handled in-house, which may impact other work. |
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.