COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Amendment No. 1 to the legal services contract with Hooper, Lundy & Bookman, LLP for legal services in the litigation matters of San Benito County v. Disability Rights California, Superior Court of California, County of San Benito, Case No. CU-19-00080 and Disability Rights California v. County of San Benito et.al., U.S. District Court, Northern District of California San Jose Division, Case No. 5:19-cv-01833 to modify the scope of services to include legal representation in State and Federal Court and to increase the total contract sum by an additional amount of $175,000 for a new total amount of $200,000.  The costs of this contract will be paid for by the Behavioral Health Department and will not be a general fund expense.

SBC FILE NUMBER: 160

Hooper, Lundy & Bookman were previously engaged to provide specialized legal advice in the area of Behavioral Health, specifically with regard to privacy issues involving behavioral health clients.  Last month this Board authorized initiation of litigation in the matter of San Benito County v. Disability Rights California, Superior Court of California, County of San Benito, Case No. CU-19-00080.  The defendants in that action have filed a separate complaint against the county in federal court, Disability Rights California v. County of San Benito et.al., U.S. District Court, Northern District of California San Jose Division, Case No. 5:19-cv-01833.  Due to the specialized nature of this area of law, it is recommended that Hooper, Lundy & Bookman represent the County in both of these matters.

The contract scope of work is still being negotiated at the time of the agenda posting.

Delegate authority to the CAO or his designee, to approve Amendment No. 1 to the legal services agreement with Hooper, Lundy & Bookman, LLP amending the scope of services and total contract amount not to exceed $200,000 once the contract amendment has been finalized.