DATE: April 25, 2017
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Retroactive Amendment I to Legal Services Agreement with Epstein, Becker & Green, PC and Budget Resolution to Establish Resources to Pay For Legal Services
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute a retroactive Amendment I to Agreement P-17-077-Q with Epstein, Becker & Green, PC, for outside legal services in an amount not to exceed $250,000, to represent the County of Fresno in appeals of federal and state disallowances of cost reimbursement claims, effective March 1, 2017 through December 31, 2017; and
2. Adopt Budget Resolution increasing FY 2016-17 appropriations for County Counsel Org 0710 in the amount of $250,000 (4/5th vote).
REPORT
Approval of the first recommended action will amend the existing agreement with Epstein, Becker & Green, PC, to provide additional legal services in their representation of the County in the appeal before the Departmental Appeals Board of the United States Department of Health and Human Services and any subsequent federal court litigation. The amendment is retroactive to March 1, 2017, as it was necessary to begin the work on the appeal immediately. Approval of the second recommended action will ensure County Counsel has sufficient appropriations to cover the costs associated with this agreement.
ALTERNATIVE ACTION(S):
There are no viable alternative actions.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
This is a contract for specialized legal services. The law firm selected has specific experience in matters appealed before the Department of Health & Human Services Departmental Appeals Board and in federal court.
RETROACTIVE AGREEMENT:
The Amendment supersedes and replaces an agreement with a lower limit on fees entered into by the County Counsel and the Purchasing Agent to allow the law firm to commence efforts on behalf of the County. Therefore, this Amendment is ma...
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