File #: 19-1325    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 9/9/2019 In control: County Counsel
On agenda: 9/17/2019 Final action: 9/17/2019
Title: Retroactive Approval of Past Payments to Porter Scott and Approval of a New Agreement with the Firm
Attachments: 1. Staff Report, 2. Porter Scott Invoice Detail.pdf, 3. Agreement for Legal Services with Porter Scott.pdf, 4. Porter Scott Fee Agreement 2017.pdf, 5. Executed Agreement.pdf

To: Board of Supervisors

From: County Counsel

Agenda Section: Consent

SUBJECT:
title
Retroactive Approval of Past Payments to Porter Scott and Approval of a New Agreement with the Firm
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Ratify past payments to the firm of Porter Scott in the amount of $276,701 as detailed in Attachment 1; and
2. Approve an engagement agreement with Porter Scott for legal services from September 17, 2019 to June 30, 2020 in an amount not to exceed $100,000 (Attachment 2).

Body
SOURCE OF FUNDING:
Liability Fund

DISCUSSION:
The County of Humboldt has been using the legal services of Porter Scott (PS) since March 2017. Porter Scott provides legal representation to the county in litigation involving civil rights and negligence claims. Initially, services were provided pursuant to an agreement relating to the matter of Magney v. County of Humboldt, et al. (1:17-cv-02389-NJV) that was executed by the parties on March 16, 2017. Litigation payments to Porter Scott for other cases were generally approved by the Board, but the County Counsel (Jeffrey S. Blanck) did not prepare or submit additional retainer agreements for Board approval. Nevertheless, services and payments continued at the direction of the County Counsel without agreements in place. The Board's action today will ratify the payments that have been made to Porter Scott for past services as detailed in the attachment.
A new agreement is provided for your Board's approval. This agreement will take effect as of today's date and will continue through June 30, 2020. The agreement encompasses litigation expenses for ongoing cases. Future litigation expenses will be authorized and detailed through individual retainer agreements.

FINANCIAL IMPACT:
The county has already paid Porter Scott for most of the services performed to date; this item only secures the Board's ratification of the prior payments. Ongoing expenses under the new agreemen...

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