DATE: December 15, 2015
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Retroactive Amendment I to Agreement with McCormick Barstow to continue representing County in nineteen lawsuits filed against the County arising out of the decertification of the class in Espinoza v. County of Fresno
RECOMMENDED ACTION(S):
TITLE
Approve and authorize Chairman to execute Retroactive Amendment I to Agreement No. 13-593 with McCormick Barstow, to continue representing County in nineteen lawsuits filed against the County arising out the decertification of the class in Espinoza v. County of Fresno.
REPORT
The recommended action will amend the legal service agreement with McCormick Barstow, increasing the hourly rates paid for legal services rendered in representing the County in the pending lawsuits filed after the decertification of the class in Espinoza v. County of Fresno.
ALTERNATIVE ACTION(S):
Your Board could opt not to approve Amendment I to the Agreement retaining McCormick Barstow, but the hourly rates payable for legal services rendered would remain the same. The Agreement stated that the hourly rates listed in the Agreement would be effective until July 20, 2015, at which time the parties would renegotiate hourly rates. Should your Board not approve Amendment I and McCormick Barstow will not continue providing legal services pursuant to the hourly rates set forth in the Agreement, the County will need to transition representation of the County in these cases to another law firm.
RETROACTIVE AGREEMENT:
Amendment I is retroactive to October 1, 2015 as rate negotiations were complete by that time but the Amendment could not be processed until this time.
FISCAL IMPACT:
Amendment I increases the hourly rate payable for legal services rendered. County Counsel has sufficient funds budgeted in FY 2015-16 to cover these estimated legal costs. There is no cap set forth in the Agreement.
DISCUSSION:
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