TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: Amendment No. 2 to Agreement 230184B (FC) with Miller Starr Regalia
RECOMMENDATION
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Approve and authorize Amendment No. 2 to Agreement No. 230184B (FC) with Miller Starr Regalia, increasing the maximum amount from $700,000 to a new total of $980,000. (Fiscal Impact: $280,000 Expense, Flood Project Budget, Budgeted; Discretionary)
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BACKGROUND
$48.3 million was appropriated in the U.S. Army Corps of Engineers (USACE) budget for Federal FY 2021 in the USACE annual Work Plan for the Napa River/Napa Creek Flood Protection Project (Flood Project) to complete the federal responsibilities on the Floodwalls North of the Bypass Project (Increment 2) and the Imola to Hatt Floodwalls Project (Increment 3). These two projects are the remaining elements of the Project that were found to have Federal interest according to the Federal Interest Determination that was produced by USACE in 2020. Staff have been working with the USACE since 2021 on a process to move forward to use the appropriated funds to complete these two elements.
As part of the local sponsor cost share, the Flood District is responsible for acquiring the necessary property rights for the construction, operations and maintenance for the Flood Project. This amendment increases the maximum compensation of the District’s contract with outside counsel Miller Starr Regalia by $280,000 to a new total of $980,000. The intent of this amendment is for Miller Starr Regalia to provide services associated with seven lawsuits through the end of the calendar year.
Miller Starr Regalia has been providing professional services to the District since 2002. Miller Starr Regalia has significant experience with supporting the District in its land acquisition efforts as well as other projects and possesses historical knowledge of past District activities. Miller Starr Regalia will continue to provide legal services for the scope of this contract including, but is not limited to, the following items: litigation, transactional legal advice, attendance at meetings, supplemental attorney services and association with District counsel.
Requested Actions:
1. Approve and authorize Amendment No. 2 to Agreement No. 230184B(FC) with Miller Starr Regalia
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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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Without assistance from Miller Starr Regalia, the District is unlikely to be able to complete the total project land acquisitions which will prevent construction of the next phases of the flood project from advancing. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Legal services under this contract will continue through FY 2027-28. |
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Consequences if not approved: |
The District will be unable to construct the Flood Project on schedule. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL DETERMINATION: The Napa River/Napa Creek Flood Protection Project was included in the Final Environmental Impact Report/Statement (FEIR/EIS). The FEIR was circulated twice for public comment, from December 19, 1997, to February 13, 1998, and again in October and November 1998 (although not required), then certified by the Board of Directors of the Napa County Flood Control and Water Conservation District on May 4, 1999. The U.S. Army Corps of Engineers certified the Final Supplemental Environmental Impact Statement (FSEIS) on June 9, 1999.