REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  April  11, 2017
CATEGORY:  Consent - General Government-4.

SUBJECT:

Second Amendment to Legal Services Agreement

Supervisorial District No. :  All

DEPARTMENT CONTACT:  James R. Ross, Assistant County Counsel 530-225-5711

STAFF REPORT APPROVED BY:  James R. Ross, Assistant County Counsel

RECOMMENDATION

Approve and authorize the Chairman to sign an amendment, effective the date of signing, to the agreement with Abbott & Kindermann, Inc. to increase hourly rates for legal services.

SUMMARY

N/A

DISCUSSION

Abbott & Kindermann, Inc., have represented the County of Shasta in numerous matters since February 15, 2005.  At the inception of the agreement, the maximum hourly rate was $270.  Effective January 15, 2008, the agreement was amended to increase the maximum hourly rate to $330.  Abbott & Kindermann’s rates have not been increased since 2008.  This Second Amendment proposes to increase the maximum rate to $390.  Abbott & Kindermann are a specialty firm with expertise in land use, the Subdivision Map Act, and the California Environmental Quality Act (CEQA).  They are recognized as one of the leading Northern California firms in these areas.  The firm also routinely presents legal updates and has provided, at no charge, trainings to County staff.  In most of the matters assigned to the firm, the project proponent reimburses the County for the fees incurred.  The firm has an excellent working relationship with staff which can be invaluable especially in litigation involving CEQA claims. 

ALTERNATIVES

The Board could decline to approve the amendment.

OTHER AGENCY INVOLVEMENT

The County Administrative Office has reviewed the recommendation.  The Planning Department has reviewed the request and supports the recommendation.

FINANCING

The total amount to be paid will depend upon the number of hours involved in resolving matters or providing advice.  Generally, costs of representation are borne by a project proponent.  However, there may be specific matters that arise requiring the firm’s expertise for which the County would be directly billed.