TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Jason Dooley, Chief Deputy County Counsel
SUBJECT: Amendment No. 1 to Agreement No. 220285B with Serviam by Wright, LLP
RECOMMENDATION
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Approve and authorize Amendment No. 1 to Agreement No. 220285B with Serviam by Wright, LLP, for legal advice and litigation services related to code enforcement matters. (Fiscal Impact: $80,000 Expense; General Fund; Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
Napa County entered into Agreement No. 220285B on March 21, 2022, with Serviam by Wright, LLP (formerly “Silver & Wright, LLP), to provide certain specialized legal services concerning code enforcement. County Counsel is requesting an amendment to Agreement No. 220285B modifying the maximum compensation and terms of the Agreement.
The services provided by Serviam by Wright, LLP have exceeded the annual maximum in fiscal year 2024-2025, as the matters assigned to the firm are winding down. This amendment will increase the maximum annual compensation to a total of Eighty Thousand Dollars ($80,000.00) for professional services and expenses for the rest of fiscal year 2024-2025. The amendment will also extend the agreement for one year at the maximum annual payment of Fifty Thousand Dollars ($50,000) for fiscal year 2025-2026; provided, however, that such amounts shall not be construed as guaranteed sums, and compensation shall be based upon services actually rendered and expenses actually incurred.
Requested Action: Approve and authorize Amendment No. 1 to Agreement No. 220285B with the firm of Serviam by Wright, LLP.
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: |
Serviam by Wright, LLP possess resources and specialized expertise |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future fiscal years as needed. |
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Consequences if not approved: |
If the proposed amendment is not approved, litigation would have to be handled in-house, which may impact other work. |
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.