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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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February 9, 2006
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BOARD MEETING DATE:
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February 28, 2006
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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County Counsel
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SUBJECT:
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Resolution Authorizing Agreement with Meredith, Weinstein & Numbers for Legal Services Related to Insurance Coverage
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RECOMMENDATION:
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Adopt a resolution authorizing and directing the President of the Board of Supervisors to execute an agreement with the law firm of Meredith, Weinstein & Numbers to provide legal services related to excess insurance coverage, in the maximum amount of $40,000.
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VISION ALIGNMENT:
Commitment: Responsive, effective and collaborative government.
Goal(s): Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain. Engaging legal counsel to advise on complex insurance coverage issues ensures the most cost effective litigation results.
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BACKGROUND:
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The County has been, or is currently involved in, three cases involving the potential for significant recovery beyond the County’s self-insured retention limits: Fidler v. County of San Mateo, Gallagher v. County of San Mateo, and Braun v. County of San Mateo. Each of these cases presented unique coverage issues requiring specific expertise in insurance coverage law.
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DISCUSSION:
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Barry Weinstein of the law firm of Meredith, Weinstein & Numbers, is particularly well qualified in the areas of insurance coverage law, and has done considerable work for public entities. Mr. Weinstein has provided services to the County in the past, with excellent results. His expertise has been invaluable in helping to position the County to resolve coverage issues in ways that result in savings to the County.
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Amounts will be reimbursed at an hourly rate upon presentation of an invoice. Mr. Weinstein bills at $400.00 per hour, which is a very competitive rate for the Bay Area. His associate, who may do some work at his direction, bills at a rate of $225.00 per hour. The term of the agreement is through December 21, 2006, and the contract has a maximum amount payable of $40,000. We anticipate, however, that the actual amount that will be paid will be considerably less.
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Section 2.92.170 provides that the Board of Supervisors has the sole authority to retain outside counsel, irrespective of the amount of the agreement.
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FISCAL IMPACT:
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The maximum amount to be paid out under this contract is $40,000. It is estimated that the actual amount to be paid out will be considerably less. Any amounts paid will be charged to the Risk Management Trust Fund.
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