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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Counsel
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DATE:
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November 26, 2001
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BOARD MEETING DATE:
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December 11, 2001
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TO:
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Honorable Board of Supervisors
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FROM:
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Thomas F. Casey III, County Counsel
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SUBJECT:
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Execution of Agreement Between the County of San Mateo and Farella Braun & Martel
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Recommendation
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Approve a resolution authorizing execution by the County Counsel of an agreement between the County of San Mateo and Farella Braun & Martel for legal representation in connection with Phase IV of the Health Center construction and related litigation.
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Discussion
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During construction of the County of San Mateo Health Center, legal disputes arose for which it was beneficial to consult with attorneys specializing in construction litigation. Your Board previously authorized an agreement with the law firm of Farella Braun & Martel, and, in particular, Alan Harris of that firm, to provide such expertise in a lawsuit in which the County was sued by the architects in a lawsuit originally brought by the engineering consultant to the architects alleging that they are owed fees in connection with the hospital construction. Two additional lawsuits have been filed, one by a contractor and one by the pension trust fund alleging a failure by the construction manager or the trade contractor to make payments for or related to the work performed. Given their expertise in this area, and their prior experience in matters related to this project, it would be beneficial to have Farella Braun & Martel represent the County in these cases.
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Fiscal Impact
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The agreement limits the fees to $200,000 unless this Board authorizes additional payment. These payments are made from the proceeds of the 1994 Series A Health Center bonds.
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__________________________________
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Thomas F. Casey III, County Counsel
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cc: John L. Maltbie, County Manager
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