DATE: March 6, 2018
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Retroactive Amendment 2 to Legal Services Agreement with Epstein, Becker & Green, PC Extending Termination Date
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive Amendment 2 to Agreement P-17-077-Q with Epstein, Becker & Green, PC, for outside legal services to represent the County of Fresno in appeals of federal and state disallowances of cost reimbursement claims, effective March 1, 2017 and amending the termination date of the Agreement to December 31, 2019 with the not to exceed amount remaining at $250,000.
REPORT
Approval of the 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 subsequent federal court litigation. This amendment amends the Agreement to extend the termination date from December 31, 2017 to December 31, 2019 to allow the continuing representation by Epstein, Becker & Green.
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 amended agreement to allow the law firm to continue its representation on behalf of the County beyond December 31, 2017. To the extent that any legal services have been performed by the law firm after December 31, 2017, this Amendment acts retroactively to authorize payment to the law firm for all services provided to the County.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the reco...
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