To: County of Sonoma Board of Supervisors Sonoma County Water Agency Board of Directors Sonoma County Agricultural Preservation and Open Space District, Board of Directors Community Development Commission Northern Sonoma County Air Pollution Control District
Department or Agency Name(s): Human Resources/ County Counsel
Staff Name and Phone Number: Janell Crane - 707-565-2885 and Debbie Latham - 707-565-3101
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Liability Counsel Agreements
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Recommended Action:
Recommended action
Authorize the County Counsel to execute legal services agreements for tort defense legal services for a thirty-six (36) month period from January 1, 2021 to December 31, 2023 with contract maximum limits not to exceed $1,500,000, with the possibility of a one-time two (2) year renewal at the option of the County based on satisfactory performance with contract maximum limits not to exceed $1,000,000, with law firms : Berry Wilkinson Law Group; Bertrand, Fox, Elliott, Osman & Wenzel; Bluestone Zunino & Hamilton, LLP; Keck Law Offices; McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP; Richards, Watson & Gershon. (4/5th Vote Required)
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Executive Summary:
This requested Board action authorizes the County Counsel to execute agreements for legal services with six law firms who were selected through a Request for Proposal (RFP) process completed in September 2020.
Discussion:
The County of Sonoma has been self-insured for general and automobile liability since 1986 and from time to time retains various outside defense firms to represent the County in tort claims and civil litigation filed in State and Federal Courts. These law firms are assigned cases based upon their ability and specific experience with public entity defense. Board Resolution No. 85-2577 delegates responsibility for the oversight and management of civil litigation to County Counsel in consultation with the Risk Manager and both departments are responsible for the coordination and oversight of the work performed by outside counsel. Human Resources-Risk Management is responsible for the administration of all tort claims and litigation and County Counsel provides legal oversight and advice.
In 2020, Human Resources completed a Request for Proposal (RFP) for tort claim litigation and other legal services. Twenty-four firms responded to the RFP. Following the initial evaluation, twelve firms were invited to interview, and from those interviewed, six firms were selected to award contracts. A committee with representatives from County Counsel, HR-Risk Management, Transportation and Public Works, and the Sheriff’s Office participated in the review process. Although the County received many proposals from very competent firms throughout the Bay Area region, the current law firms with which the County contracts continue to rank very high in qualifications and experience. Additionally, these firms provide the most economical fee structure for the type of legal services provided.
The proposed hourly rate for attorneys with more than 15 years of public entity experience is $265, up from the prior rate of $235. However, it should be noted that the rates have not increased in over 5 years. In a recent survey of our neighboring Counties, we found that the rates for similar services range from $215 to $302 an hour depending on the type of case.
The proposed hourly rate for employment matters and complex litigation is $300. The higher rate is due to the highly specialized nature of the area of employment law and other complex cases types such as class action suits.
The selected firms are Berry Wilkinson Law Group; Bertrand, Fox, Elliott, Osman & Wenzel; Bluestone, Zunino & Hamilton, LLP; Keck Law Offices; McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP; Richards, Watson & Gershon. Five out of six of these firms have existing contracts with the County. Information about each of the selected firms is outlined in Attachment A.
The agreements proposed in this report are all fee for service contracts with no minimum or maximum amount of work guaranteed to the firms. The agreements also contain a termination clause that allows the County to terminate the agreements at any time. Actual costs will depend on future litigation or specific projects assigned to each firm. All assignments are reviewed by County Counsel and Human Resources-Risk Management, and all legal services invoices are approved by the Liability Manager, who tracks all work and expenses of each firm. Because an extensive RFP has been completed, the initial contract term is recommended for a thirty-six (36) month term with contract maximum limits not to exceed $1,500,000, with the possibility of a one-time two (2) year renewal at the option of the County based on satisfactory performance with contract maximum limits not to exceed $1,000,000. Depending upon the number of case assignments to each firm and the size and scope of each case assigned, this limit may never be reached, or may require a contract amendment, which would be presented to your Board for authorization.
The chart below summarizes the amount paid for tort defense to outside law firms as well as County Counsel during the previous two years.
|
Fiscal Year |
County Counsel |
Outside Counsel |
Grand Total |
|
2018-2019 |
$ 691,206 |
$ 641,369 |
$ 1,332,575 |
|
2019-2020 |
$ 491,920 |
$ 281,715 |
$ 773,635 |
|
Grand Total |
$ 1,183,126 |
$ 923,084 |
$ 2,106,210 |
Prior Board Actions:
05/19/2020 - Authorized an extension of agreement terms and or increased contract limits.
05/22/2018 - Authorized extension of agreement terms and/or increased contract limits.
06/06/2017 - Authorized an additional contract resulting from RFP process.
09/22/2015 - Authorized scope of work amendment.
06/15/2015 - Authorized award of agreements following an RFP process.
Fiscal Summary
|
Expenditures |
FY 20-21 Adopted |
FY21-22 Projected |
FY 22-23 Projected |
|
Budgeted Expenses |
$ 1,041,000 |
$ 1,180,071 |
|
|
Additional Appropriation Requested |
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|
Total Expenditures |
$ 1,041,000 |
$ 1,180,071 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$ 1,041,000 |
$ 1,180,071 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$ 1,041,000 |
$ 1,180,071 |
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Narrative Explanation of Fiscal Impacts:
Legal services are budgeted in the Self-Insurance Liability budget - Fund# 51230, Dept. ID # 23022500, Account# 51211 (mostly funded through contributions from all county departments/agencies). There are sufficient appropriations budgeted for FY 2020-2021.
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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):
None.
Attachments:
Attachment A
Related Items “On File” with the Clerk of the Board:
Legal Services Agreements