TO: Board of Supervisors
FROM: Thomas Zeleny, Interim County Counsel
REPORT BY: Chris R.Y. Apallas, Deputy County Counsel
SUBJECT: Amendment 3 to Agreement No. 190327B with Kaplan Kirsch Rockwell
RECOMMENDATION
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County Counsel requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 190327B with the law firm of Kaplan Kirsch Rockwell, increasing the maximum compensation from $69,900 per fiscal year to $150,000 per fiscal year and extending the term to June 20, 2022 with two renewals at the end of each fiscal year.
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EXECUTIVE SUMMARY
Kaplan Kirsch Rockwell (KKR) is a full-service law firm that advises public sector clients on land use, airport development, airport land use consistency, and other legal issues. The County entered into Agreement No. 190327B with KKR on January 24, 2019 for the provision of specialized legal services related to the Napa County Airport. The Agreement was subsequently amended on October 12, 2020, increasing the maximum compensation from $25,000 to $30,000 per fiscal year and extending the term to January 24, 2022, and again on March 1, 2021, increasing the maximum compensation to $69,900 per fiscal year. The County has an ongoing need for the firm's specialized expertise in pending Airport matters. Thus, staff requests approval of a third amendment to the contract (Napa County Agreement No. 190327B), effective January 24, 2022, to increase the maximum compensation per fiscal year to $150,000 and extend the term to June 30, 2022, with two one-year renewals.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Airport |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Kaplan Kirsch Rockwell possesses resources and specialized expertise in the area of airport operations. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Funds will be appropriated in future years if necessary. |
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Consequences if not approved: |
Representation in the litigation would be provided by County Counsel. The County and the Board would not receive the benefit of specialized legal services and advice from outside counsel. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by CEQA Guidelines section 15378; therefore the proposed action is not subject to CEQA pursuant to CEQA Guidelines
section 15060(c)(3).
BACKGROUND AND DISCUSSION
County Counsel is the public officer vested by the State with authority to advise and represent the County and its officers in all legal matters and civil actions. (Gov. Code, §§ 26520, 26526, 26529, 27642.) The Board of Supervisors may employ outside counsel to assist the County Counsel in providing legal advice or litigation services (Gov. Code, §§ 31001, 25203) or where the County Counsel has a conflict of interest (Gov. Code, § 31000.6, subd. (a)) or the County refuses to provide representation. (Gov. Code, § 996.4.)
Napa County entered into Agreement No. 190327B on January 24, 2019 with KKR to provide legal services related to operations at the Napa County Airport. County Counsel now wishes to enter into Amendment No. 3 to the Agreement with KKR for the ongoing provision of legal services related to the Airport.