To: Board of Supervisors
From: County Counsel
Agenda Section: Consent
Vote Requirement: 4/5th
SUBJECT:
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Second Amendment to the Legal Services Agreement with Murphy Austin Adams Schoenfeld LLP Regarding the Provision of Legal Assistance with Construction-Related Matters on an As-Needed Basis (4/5 Vote Required)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve, and authorize the Interim County Counsel, or a designee thereof, to execute, the attached second amendment to the legal services agreement with Murphy Austin Adams Schoenfeld LLP regarding the provision of legal assistance with construction-related matters on an as-needed basis (4/5 Vote Required); and
2. Direct the Clerk of the Board to provide the Humboldt County Counsel’s Office with one (1) fully executed, certified copy of the Board Order pertaining to this item.
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STRATEGIC PLAN:
The recommended actions support the following areas of the Board of Supervisors Strategic Plan:
Area of Focus: Core Services/Other
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
On October 2, 2018 (Item C-11), the Humboldt County Board of Supervisors (“Board”) approved the current legal services agreement with Murphy Austin Adams Schoenfeld LLP (“Murphy Austin”) regarding the provision of legal assistance with construction-related matters on an as-needed basis. On February 28, 2023 (Item D-11), the Board approved the first amendment to the legal services agreement for a rate adjustment. The attached second amendment to the legal services agreement with Murphy Austin will adjust the rates of compensation charged thereunder as of January 1, 2025. It should be noted that the attached second amendment to the legal services agreement with Murphy Austin comes to the Board after the effective date thereof due to inadvertent delays that occurred during the contract development process.
Accordingly, the Humboldt County Counsel’s Office recommends that the Board approve, and authorize the Interim County Counsel, or a designee thereof, to execute, the attached second amendment to the legal services agreement with Murphy Austin regarding the provision of legal assistance with construction-related matters on an as-needed basis.
SOURCE OF FUNDING:
Liability Fund
FINANCIAL IMPACT:
The attached second amendment to the legal services agreement with Murphy Austin will adjust the hourly rates of compensation charged thereunder from a range of Two Hundred Thirty-Five Dollars ($235.00) to Five Hundred Ninety-Five Dollars ($595.00) per hour to a range of Two Hundred Thirty-Five Dollars ($235.00) to Six Hundred Ninety-Five Dollars ($695.00) per hour.
The Humboldt County Liability Fund currently has sufficient funds to cover the costs and expenses associated with the attached second amendment to the legal services agreement with Murphy Austin.
STAFFING IMPACT:
Approval of the attached second amendment to the legal services agreement with Murphy Austin will not impact current staffing levels.
OTHER AGENCY INVOLVEMENT:
None
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may choose not to approve the attached second amendment to the legal services agreement with Murphy Austin regarding the provision of legal assistance with construction-related matters on an as-needed basis. However, this alternative is not recommended since it will severely impact the Humboldt County Counsel’s Office’s ability to provide adequate legal services.
ATTACHMENTS:
1. Second Amendment to the Legal Services Agreement with Murphy Austin Adams Schoenfeld LLP Regarding the Provision of Legal Assistance with Construction-Related Matters on an As-Needed Basis dated October 2, 2018
2. First Amendment to the Legal Services Agreement with Murphy Austin Adams Schoenfeld LLP Regarding the Provision of Legal Assistance with Construction-Related Matters on an As-Needed Basis dated October 2, 2018
3. Legal Services Agreement with Murphy Austin Adams Schoenfeld LLP Regarding the Provision of Legal Assistance with Construction-Related Matters on an As-Needed Basis dated October 2, 2018
PREVIOUS ACTION/REFERRAL:
Meeting of: 10/02/2018; 02/28/2023
File No.: 18-1225; 23-245