To: County of Sonoma Board of Supervisors
Department or Agency Name(s): Sonoma County Counsel; Department of Health Services
Staff Name and Phone Number: Robert Pittman, 707-565-2421; Tina Rivera, 707-565-4774
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Legal Services Agreement Amendment #2 - Hooper, Lundy & Bookman, P.C.
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Recommended Action:
Recommended action
A) Authorize County Counsel to execute the second amendment to the three-year legal services agreement with Hooper, Lundy & Bookman, P.C. to provide legal advice and representation in legal matters involving health care and emergency medical services, increasing the contract maximum from $1,000,000 to a not-to-exceed amount of $1,750,000, adding additional key personnel, and to execute amendments to the agreement as necessary. (4/5th Vote Required)
B) Adopt a resolution authorizing budgetary adjustments to the fiscal year 2023-2024 adopted budget, redirecting $750,000 in Health Services annual General Fund Allocation to support contracted legal services, the redirection will require Health Services to utilize $750,000 of 1991 Health Realignment Fund balance to cover the expenses previously funded with the General Fund Allocation. (4/5th Vote Required)
end
Executive Summary:
On December 7, 2021, the Board authorized County Counsel to execute a three-year legal services agreement with Hooper, Lundy & Bookman, P.C., (HLB) to provide legal advice and representation in legal matters involving health care and emergency medical services up to a not-to-exceed amount of $500,000 with a term ending on November 30, 2024. On May 9, 2023, the Board approved an increase of the not-to-exceed amount to $1,000,000.
To provide for the continued provision of as-needed legal services, additional funding must be added to the agreement. This item requests authorization to execute the second amendment to the legal services agreement with HLB to increase the not-to-exceed amount from $1,000,000 to $1,750,000, with no change to the term
This item also requests approval of a resolution authorizing budgetary adjustments to the fiscal year 2023-2024 adopted budget for increased expenses and redirecting $750,000 of Health Services General Fund Allocations to support contracted legal services in addition to use of $750,000 of 1991 Health Realignment Fund balance. The estimated fund balance in 1991 Health Realignment after this obligation as of June 30, 2024, is $25,339,182.
Discussion:
The California Health and Safety Code requires that each county which develops an emergency medical services (EMS) program must designate a local EMS Agency which is responsible for the administrative and regulatory oversight responsibilities for the local EMS system. In Sonoma County, the Board of Supervisors has designated the Sonoma County Department of Health Services (DHS) as the local EMS Agency. The Board has provided policy guidance during the process of updating the EMS ordinance and the development and execution of Sonoma County’s EMS Exclusive Operating Area (EOA) model and continues to provide direction to DHS leadership to establish effective standards for the operation, equipment, and personnel of emergency medical services. The EMS Agency is tasked with the licensing/permitting of ambulance provider companies, hospitals, coordination and monitoring of air and ground ambulances, certification/accreditation of pre-hospital care personnel (Emergency Medical Technicians (EMT), paramedics), policy development and implementation, medical control, quality improvement, and disaster medical response preparedness.
The complexity of tasks related to creating and maintaining a viable and effective emergency medical care system that serves the diverse needs of Sonoma County’s population requires consideration of intricate laws and regulations in a legal area that is highly specialized. Legal needs can arise in various settings on short notice, such as regulatory policy changes, business transactions, administrative proceedings, dispute resolution, or litigation. Having a legal team available to respond to these issues in-depth through industry specialization and experience is key to ensuring and improving the availability, quality and sustainability of emergency medical services provided to the residents of and visitors to Sonoma County for their safety and welfare.
This Board item recommends approval to reallocate Health Services annual General Fund allocation. The department will need to utilize 1991 Health Realignment Fund balance in the amount of $750,000 to fund the increased cost of the legal services agreement with HLB to continue the provision of legal services and representation in legal matters involving health care and emergency medical services. Services will be provided on an ongoing advisory basis and to assist in addressing arising litigation needs when necessary.
Legal Services Agreement
HLB is a leading law firm countrywide with the required substantive and procedural expertise and knowledge in matters related to complex health care laws. They offer a depth of understanding based on industry specialization and experience dedicated to the intricacies of the health care industry. The firm represents local government service providers, health care providers and suppliers in all aspects of operations, including business and regulatory transactions, litigation, arbitration and dispute resolution needs, as well as advocacy and public policy. Services would only be provided on an as-needed-basis under the oversight of County Counsel. It is further recommended that County Counsel be delegated the authority to execute amendments to the agreement as necessary.
HLB original contract for $500,000 was approved on December 7, 2021. On May 9, 2023, the not-to-exceed amount was increased to $1,000,000. The December 2021 Board item outlaid that the contract was to be financed with Health Services Fund balance from Local EMS Agency funds, Litigation Contingency fund, and an undetermined funding source. DHS’ General Fund allocation will fund the undetermined funding source amount of $750,000 in the current contract with approval of this item.
Budget Resolution
This item includes a request for approval of a resolution authorizing budgetary adjustments to the fiscal year 2023-2024 adopted budget, increasing expenditures for legal expenditures. DHS will utilize current 2023-2024 General Fund Allocations and use of 1991 Health Realignment Funds.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
On May 9, 2023, the Board authorized County Counsel to execute the first amendment to the legal services agreement with Hooper, Lundy & Bookman, P.C, in an amount not-to-exceed $1,000,000, and to execute amendments to the agreement as necessary.
On December 7, 2021, the Board authorized County Counsel to execute a three-year legal services agreement with Hooper, Lundy & Bookman, P.C. to provide legal advice and representation in legal matters involving health care and emergency medical services up to a not-to-exceed amount of $500,000 as needed, and to execute amendments to the agreement as necessary.
Fiscal Summary
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Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Budgeted Expenses |
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Additional Appropriation Requested |
$750,000 |
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Total Expenditures |
$750,000 |
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Funding Sources |
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General Fund/WA GF |
$750,000 |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
$750,000 |
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Narrative Explanation of Fiscal Impacts:
The Department will redirect current General fund allocation to fund the additional $750,000 in contractual expenditures, the department will utilize $750,000 in 1991 Health Realignment fund balance to backfill the General Fund redirection to cover the expenses in the FY2023-24 Adopted Budget. The estimated 1991 Health Realignment fund balance after this obligation as of June 30, 2024 is $25,339,182. The Budget resolution will incorporate the transaction to move General Fund to EMS and move 1991 Health Realignment funds to back fill.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1 - Amendment No. 2 to Legal Services Agreement
Attachment 2 - Amendment No. 1 to Legal Services Agreement
Attachment 3 - Legal Services Agreement
Attachment 4 - Budget Resolution
Related Items “On File” with the Clerk of the Board:
None