To: Board of Supervisors of Sonoma County
Department or Agency Name(s): Sonoma County Counsel’s Office
Staff Name and Phone Number: Jeremy M. Fonseca, Deputy County Counsel, 707-565-2421
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Agreement to Provide Legal Services to Sonoma Clean Power
End
Recommended Action:
Recommended action
A) Authorize the County Counsel to enter into the proposed legal services agreement with Sonoma Clean Power Authority for as-needed legal services, for revenue in the amount of $100,000 and through December 31, 2028.
B) Delegate authority to the County Counsel to negotiate and enter into legal services agreements with Sonoma Clean Power Authority for as-needed or project-specific services, subject to reimbursement at prevailing counsel rates for full cost recovery and contingent on adequate capacity to render such services.
end
Executive Summary:
The County Counsel Office requests that the Board authorize the legal services agreement with Sonoma Clean Power, for the County Counsel Office to provide as-needed services to Sonoma Clean Power up to the amount of $100,000. Counsel also requests that authority be delegated for future legal services agreements in the event Sonoma Clean Power requests further services.
Discussion:
Sonoma Clean Power Authority (SCP) is a public joint-powers authority that was formed by the County of Sonoma and the Sonoma County Water Agency in 2012. As part of its mission to provide electric power and promote long-term energy security and resilience, SCP has created a capital projects division and is undertaking and planning a variety of new public works initiatives. SCP needs legal services to support these new projects and programs and has requested those services from County Counsel.
Pursuant to Government Code Section 26520, county counsels may render legal services to local public entities as requested. County Counsel has in the past provided such services to outside entities, such as to Sonoma-Marin Area Rail Transit and the Sonoma County Library, and currently provides legal services to outside agencies such as the Great Redwood Trail Agency.
The proposed Legal Services Agreement (LSA) will allow County Counsel to provide general legal services, as requested by SCP and agreed by County Counsel, up to $100,000 and through December 31, 2028. The LSA is contingent on County Counsel being able to maintain its services to the County and affiliated entities, including in the event of any conflict with SCP or as may arise under applicable laws or ethical standards. County Counsel anticipates having sufficient staff capacity to be able to fulfill legal services requests under the proposed LSA.
Also, the LSA would require that SCP pay the fully loaded hourly rate for counsel time, meaning that the County will not be required to commit any of its own financial resources as part of providing services. County Counsel services rates are set annually as part of the fiscal budget process, in accordance with formula outlined by the State Auditor’s Office, County Board of Supervisor’s Resolution No. 52450, and in consultation with the County Executive Office. Pursuant to Government Code section 26520, such fees may not exceed the total cost to the county for the legal services rendered.
SCP’s Board of Directors is expected to vote to approve the proposed LSA on or about April 7, 2026.
This item also requests delegation of authority to enter into further legal services agreements with SCP, to apply in the event SCP requests additional services or services beyond the proposed LSA. Any such agreements would be contingent on ensuring full cost recovery at then-applicable County Counsel rates and a determination that the County Counsel Office can accommodate the work in conjunction with other office needs.
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Prior Board Actions:
none
Fiscal Summary
|
Expenditures |
FY25-26 Adopted |
FY26-27 Projected |
FY27-28 Projected |
|
Budgeted Expenses |
|
$50,000 |
$50,000 |
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
|
$50,000 |
$50,000 |
|
Funding Sources |
|
|
|
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General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
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$50,000 |
$50,000 |
|
Use of Fund Balance |
|
|
|
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General Fund Contingencies |
|
|
|
|
Total Sources |
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$50,000 |
$50,000 |
Narrative Explanation of Fiscal Impacts:
The Agreement calls for reimbursement of all costs associated with providing legal services to Sonoma Clean Power. Actual amounts will be based on actual, approved requests for services, with reimbursement at approved rates and for any actual, direct costs incurred.
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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):
No staffing impacts. Services will only be agreed to be provided on condition of availability and capacity of existing County Counsel Office personnel.
Attachments:
Legal Services Agreement
Related Items “On File” with the Clerk of the Board:
None