TO: Board of Supervisors
FROM: Sheryl D. Bratton, County Counsel
REPORT BY: Thomas C. Zeleny, Chief Deputy
SUBJECT: Amendment No. 1 to Agreement No. 220086B with Best Best & Krieger, LLP for legal services related to Lake Berryessa Concessions
RECOMMENDATION
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Approve and authorize Amendment No. 1 to Agreement No. 220086B with the law firm of Best Best & Krieger, LLP to extend the term of the Agreement to June 30, 2027, for legal services related to the development and operation of concessions at Lake Berryessa. (Fiscal Impact: up to $100,000/year expense; General Fund, County Counsel; Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
Attorney Nancy Park with the law firm of Best Best & Krieger, LLP, was retained by the County on July 13, 2021, to help prepare and negotiate agreements necessary to develop and operate concessions at Lake Berryessa. The County is managing certain concession areas at Lake Berryessa pursuant to an agreement with Federal Bureau of Reclamation approved in 2020. Best Best & Krieger is a full-service law firm of approximately 200 attorneys with a primary practice representing public agencies. Nancy Park is a partner at Best Best & Krieger who is the lead attorney assigned to assist the County. Based in Sacramento, she has substantial commercial real estate experience, representing both the public and private sectors. Best Best & Krieger has expertise in many other disciplines that will also be available to the County if needed, such as CEQA and NEPA expertise.
The Agreement with Best Best & Krieger is scheduled to expire on June 30, 2024. Amendment No. 1 will extend the Agreement to June 30, 2027, and update their fee schedule. The maximum annual compensation under the Agreement will remain at $100,000 per year. To date, the firm has only billed Napa County $5,699 because none of the projects at Lake Berryessa have progressed to the point where much of their services has been needed. By extending the term, this amendment will allow Best Best & Krieger to perform the services originally contemplated by the County.
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? |
County Counsel |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Ms. Park has substantial commercial real estate experience, and her firm has broad experience representing primarily public agencies. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future years if needed. |
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Consequences if not approved: |
Legal services would be provided by County Counsel staff. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.