Approve amendment to Agreement No. 4091 with Magellan Litigation increasing maximum compensation for fiscal year 2023-2024 by $65,000 to $264,999; and adopt budget resolution increasing the District Attorney’s FY2023-24 budget by $65,000 for additional Magellan Litigation expenses utilizing available state revenues. (No general fund impact) (4/5 vote required) (Reisig)

In fiscal year 2021-2022, the District Attorney entered into an agreement with Magellan Litigation. The terms of the agreement were from 7/1/21-6/30/22 for a max compensation of $75,000.  This agreement allowed for the District Attorney to extend this agreement, upon mutual agreement, for two (2) additional (1) year terms.  A sole source was used when entering into this agreement and with the maximum compensation under $200,000, the Manager of Procurement had the authority to sign the agreement.

In fiscal year 2022-2023, the District Attorney exercised the first option to renew the agreement from 7/1/22-6/30/23 for a max compensation of $75,000.  The District Attorney amended this agreement 10/21/22 to a max compensation of $199,999.  Consumer Fraud/Environmental had multiple extensive investigations/court cases in fiscal year 2022/23 which made it necessary to increase agreement.  The agreement maximum compensation was under $200,000, giving the Manager of Procurement authorization to sign the amendment.

In fiscal year 2023-2024, knowing that Consumer Fraud/Environmental was still working on these extensive time-consuming investigations, we renewed the agreement from 7/1/23-6/30/24 for a maximum compensation of $199,999.  It is now necessary to increase this agreement by $65,000 for a maximum compensation of $264,999.  With this request, the agreement exceeds the Manager of Procurements authority and requires Board of Supervisors approval.

County Counsel has reviewed and signed the budget resolution and amendment to agreement with Magellan Litigation.