Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Chair

Robert Rivas

District No. 3

 

Jerry Muenzer

District No. 4
Vice - Chair

Jaime De La Cruz

District No. 5

 


Item Number: 5.



MEETING DATE:  6/26/2018

DEPARTMENT:
COUNTY COUNSEL

DEPT HEAD/DIRECTOR: Babrara Thompson

AGENDA ITEM PREPARER: Barbara Thompson

SBC DEPT FILE NUMBER: 160

SUBJECT:

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Amendment No. 1 to the legal services agreement with Colantuono, Highsmith & Whatley, PC for legal services in the litigation matter of BMC Promise Way, LLC, dba Benchmark Communities v. County of San Benito, City of Hollister, Superior Court of California, County of San Benito, Case No. CU-15-00056 to extend the term of the agreement from June 30, 2018 to June 30, 2021; to modify the scope of services to include legal representation on any appeals regarding the matter; to increase the total contract sum in the amount of $25,000 for a new total of not to exceed $165,000; and, if an appeal is to filed in the matter (as expected), to increase the total contract sum by an additional amount of $65,000 for a new total amount of $230,000.

SBC FILE NUMBER: 160



AGENDA SECTION:

CONSENT AGENDA

BACKGROUND/SUMMARY:

BMC Promise Way, LLC, dba Benchmark Communities v. County of San Benito, City of Hollister, Superior Court of California, County of San Benito, Case No. CU-15-00056 is related to the Award Homes matter currently also pending in the San Benito County Superior Court.  Michael Colantuono's office currently represents the County in the Award Homes matter, and in the interests of efficiency, it is recommended that his office represent the County in all related litigation matters.  



BUDGETED:

Yes

SBC BUDGET LINE ITEM NUMBER:



CURRENT FY COST:



STAFF RECOMMENDATION:

Approve Amendment No. 1 to the legal services agreement with Colantuono, Highsmith & Whatley, PC for legal services in the litigation matter of BMC Promise Way, LLC, dba Benchmark Communities v. County of San Benito, City of Hollister, Superior Court of California, County of San Benito, Case No. CU-15-00056 to extend the term of the agreement from June 30, 2018 to June 30, 2021; to modify the scope of services to include legal representation on any appeals regarding the matter; to increase the total contract sum in the amount of $25,000 for a new total of not to exceed $165,000; and, if an appeal is to filed in the matter, to increase the total contract sum by an additional amount of $65,000 for a new total amount of $230,000.



ADDITIONAL PERSONNEL:
No


BOARD ACTION RESULTS:

Approved per staff recommendation. (5/0 vote)
ATTACHMENTS:
DescriptionUpload DateType
Amendment No. 16/11/2018Contract Amendment
legal services agreement4/18/2016Standard Contract