DATE: January 21, 2020
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Specialized Legal Services Agreement with Olson Remcho, LLP
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize County Counsel to execute a retroactive specialized legal services Agreement with Olson Remcho, LLP, to represent the County of Fresno, along with 13 other defendant counties, in BNSF Railway Company v. Alameda County, et al., U.S.D.C. (N.D.), Case No. 19-cv-07230-HSG, effective January 1, 2020 in substantial compliance with the terms of the Agreement; and
2. Approve and authorize the Auditor-Controller/Treasurer-Tax Collector to issue payment to the County of Kern for the County of Fresno's apportioned equal share of legal fees incurred under the specialized legal services Agreement with Olson Remcho, LLP; and
3. Approve and authorize County Counsel to execute the Joint Defense Agreement with 13 defendant counties in BNSF Railway Company v. Alameda County, et al., U.S.D.C. (N.D.), Case No. 19-cv-07230-HSG in substantial compliance with the terms of the Joint Defense Agreement.
REPORT
Approval of the recommended actions will delegate authority to the County Counsel to engage Olson Remcho, LLP to represent the County of Fresno, and 13 other defendant counties in BNSF Railway Company v. Alameda County. The Agreement and Joint Defense Agreement are not yet finalized but key terms of these agreements are not subject to change. However, due to critical deadlines approaching in the underlying litigation, approval of the recommended actions is needed to expedite Fresno County's ability to engage representation in the above-referenced litigation. This item is countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions as these specialized legal services are not available in the County Counsel's Office.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
Under the County's policies for obtaining services, competitive bidding is not...
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