DATE: April 23, 2024
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Amendment to Agreement with Best, Best & Krieger, LLP for Specialized Legal Services Agreement
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute Amendment No. 1 to Agreement for Specialized Legal Services with Best, Best and Krieger, LLP, to include litigation services in connection with the County's General Plan Review and Zoning Ordinance Update and the associated Environmental Impact Report, and to increase the maximum compensation by $200,000 to a total of $500,000.
REPORT
Approval of the recommended action would expand the scope of the current agreement so that the law firm of Best, Best and Krieger, LLP (BBK), would be able to represent the County in two lawsuits that have been filed against the County in connection with the County's General Plan Review and Zoning Ordinance Update and the associated Environmental Impact Report (GPRZOU). The recommended Amendment would also increase the maximum compensation payable to BBK.
ALTERNATIVE ACTION(S):
Your Board may decline to enter the recommended Amendment, but the County would lack the specialized legal services provided by BBK.
FISCAL IMPACT:
The Agreement currently provides for maximum compensation of $300,000. Adding litigation services through the recommended Amendment is likely to increase the total cost of the specialized legal services ultimately provided by BBK. The recommended Amendment reflects that likelihood by increasing the maximum compensation payable to BBK by $200,000 to a total of $500,000. Under the current agreement, the County has spent about $90,000 to date.
DISCUSSION:
On October 8, 2019, your Board approved the original agreement No. 19-517 between the County and BBK for GPRZOU-related services. That agreement was extended by letter to October 8, 2023, when it expired. On January 23, 2024, your Board approved an agreement to re-engage BBK for the GP...
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