TO: Board of Directors
FROM: Steve Lederer, Manager, UVWMA
REPORT BY: Steve Lederer, Manager, UVWMA
SUBJECT: Approval of Amendment 3 with Agency Counsel Colantuono, Highsmith & Whately (CHW)
RECOMMENDATION
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APPROVAL OF AMENDMENT 3 WITH AGENCY COUNSEL CHW
DISCUSSION AND REQUESTED ACTION: Approval of and authorize the Chair to sign Amendment No. 3 with Agency Counsel Colantuono, Highsmith & Whately (CHW), extending the agreement for one year with additional option years at the Agency’s option.
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BACKGROUND
After a competitive Request for Proposal (RFP) process, the Agency entered into a contract with CHW for the firm to act as Agency Counsel. The firm provided Gary Bell as our primary point of contact. The subject contract will (absent Board action) expire at the end of this fiscal year.
CHW has served the Agency well, and their knowledge of the Agency, its history, documents, and procedures is of value as we move forward. As such, and after discussion with the Board at our last meeting, the Board requested that staff return with a contract amendment to extend the current contract with CHW. Proposed Amendment 3 to the agreement is attached and is recommended for approval. The original contract, and the two previous amendments (which were both specific to a previous rate setting process), are attached as well. The amendment extends the contract for one year, with nine additional one year options. It also updates the hourly rate for Counsel, from $215/hr to $280/hr, which has not been adjusted since the original contract in 2020. For comparison purposes, these are the same rates approved by LAFCO. It does not change the maximum annual amount of the contract ($50,000).
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? |
The annual budget for legal expenses is included in the current and proposed budgets. |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Legal Counsel is necessary, and CHW has provided good service to the Agency over the past 5 years, and holds valuable knowledge and experience that will serve the Agency efficiently in the future. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Annual legal expenses will be included in future annual budgets as needed. |
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Consequences if not approved: |
The Agency will be without legal counsel until a new firm can be found and retained. |
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Additional Information |
None |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: This is action is not a project subject to CEQA.