DATE: January 23, 2018
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Retroactive McCormick Barstow Legal Services Agreement
RECOMMENDED ACTION(S):
TITLE
1. Make a finding that it is in the best interest of the County to suspend the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances for specialized legal services for the District Attorney's office; and
2. Approve and authorize Chairman to execute a Retroactive Agreement for Specialized Legal Services with the McCormick Barstow law firm to represent employees of the District Attorney's Office in two separate complaints made to the State Bar of California and any additional complaints as such may arise, which provides for an approximately two year term, effective December 11, 2017, with total compensation not to exceed $100,000.
REPORT
ALTERNATIVE ACTION(S):
Should your Board opt not to execute the Agreement, the District Attorney employees named in complaints with the State Bar would need to seek alternate resources to pay for their continued representation by the McCormick Barstow law firm or another provided of legal services. The County would be required to pay for all legal services and costs rendered through the date of this item
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
County Counsel's request to suspend the competitive bidding process is consistent with Administrative Policy No. 34 in that McCormick Barstow, which has a proven track record of providing outside legal services to the County, is one of a handful of local law firms specializing in the unique practice area involving attorney misconduct complaints made to the State Bar. The Internal Services Department-Purchasing concurs with County Counsel's request that your Board waive the competitive bidding process due to the need for counsel with specialized expertise to handle these types of matters.
RETROACTIVE AGREEMENT:
Your Board p...
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