File #: 17-0817    Version: 1
Type: Agenda Item Status: Approved
File created: 7/18/2017 In control: Board of Supervisors
On agenda: 7/25/2017 Final action: 7/25/2017
Title: County Counsel recommending the Board authorize the Chair to sign Amendment 1 to the Agreement for Legal Services #427-S1711 between El Dorado County, Robert G. Holderness and Donahue Davies, with a retroactive effective date of July 18, 2017 and with no increase to the rate of compentation or the not-to-exceed amount of the original contract, to increase the scope of services of the original Agreement to include matters related to the Mitigation Fee Act during the pendency of the Austin v. County of El Dorado et al. litigation. FUNDING: General Fund.
Attachments: 1. Holderness Agreement Amd 1 7-25-17, 2. Holderness Agreement #427-S1711, 3. Execute agreement 427-S1711
Title
County Counsel recommending the Board authorize the Chair to sign Amendment 1 to the Agreement for Legal Services #427-S1711 between El Dorado County, Robert G. Holderness and Donahue Davies, with a retroactive effective date of July 18, 2017 and with no increase to the rate of compentation or the not-to-exceed amount of the original contract, to increase the scope of services of the original Agreement to include matters related to the Mitigation Fee Act during the pendency of the Austin v. County of El Dorado et al. litigation.

FUNDING: General Fund.
Body
DEPARTMENT RECOMMENDATION
County Counsel recommending the Board authorize the Chair to sign Amendment 1 to the Agreement for Legal Services #427-S1711 between El Dorado County, Robert G. Holderness and Donahue Davies, with a retroactive effective date of July 18, 2017 and with no increase to the rate of compentation or the not-to-exceed amount of the original contract, to increase the scope of services of the original Agreement to include matters related to the Mitigation Fee Act during the pendency of the Austin v. County of El Dorado et al. litigation, El Dorado County Superior Court Case number PC20150633.

DISCUSSION / BACKGROUND
On January 24, 2017 the Board approved a contract between the County of El Dorado, Robert Holderness and Davies Donahue to provide legal services in the form of advice, assistance, and representation in regard to all legal aspects arising from two discrete matters; the claim for reimbursement of expenditures made by diamond Springs /El Dorado Fire District from development impact fees collected by the County under the Mitigation Fee Act; and a similar claim for reimbursement made by El Dorado Hills Community Services District.

This contract amendment seeks to expand the scope of services to all matters related to the Mitigation Fee Act during the pendency of the Thomas Austin and Helen Austin v. County of El Dorado et al., El Dorado County Superior Court Case number PC201...

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