COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

 

DATE:

March 30, 2009

BOARD MEETING DATE:

April 14, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Michael P. Murphy, County Counsel

SUBJECT:

Legal Services Relating to Tax Matters

 

RECOMMENDATION:

Adopt a resolution authorizing the County Counsel:

 

1)

To execute an agreement for legal services with Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP for the term of February 1, 2009 through June 30, 2012, for a total obligation of $150,000; and

 

2)

To execute contract amendments which modify the maximum fiscal obligation by no more than $50,000 (in aggregate) and/or modify the contract term and/or services.

 

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government.

Goal(s): 20. Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

BACKGROUND:

From time to time there are matters involving federal and state taxation requirements that arise for the San Mateo County Employees’ Retirement Association (“SamCERA”) as well as the County.

 

DISCUSSION:

Pursuant to Government Code section 31529, the County Counsel is the attorney for SamCERA. I have determined that for certain matters involving federal and state tax requirements, the services of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP can provide assistance to my office in its representation of SamCERA and the County.

 

The agreement before the Board will allow my office to retain and utilize these services in an efficient and timely manner. I have also requested authorization to execute amendments to this agreement for up to $50,000 in aggregate. This authorization parallels ordinance code section 2.14.040 which allows the County Counsel to enter into legal services agreements in an amount up to $50,000.

 

SamCERA will reimburse the County Counsel for the cost of the services provided by Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP in regards to SamCERA matters.

 

FISCAL IMPACT:

The cost to the County is approximately $3,000 a year. Most of the services will be for matters in which SamCERA will reimburse the County.