TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Thomas C. Zeleny, Chief Deputy County Counsel
SUBJECT: Amendment No. 5 to Agreement No. 190327B with Kaplan Kirsch Rockwell for legal services related to the Napa County Airport
RECOMMENDATION
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Approve and authorize Amendment No. 5 to Agreement No. 190327B with Kaplan Kirsch Rockwell (KKR) for legal services related to the Napa County Airport, to adjust the hourly rates for calendar year 2025. (Fiscal Impact: minimal; Airport Fund; Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
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. Legal services are primarily provided by Peter Kirsch, a partner in the firm. The Agreement has been amended four times to adjust the hourly rates and maximum compensation, and to extend the term of the Agreement. The Agreement is scheduled to expire on June 30, 2025, but the parties anticipate proceeding with the “renewal years” built into the contract which will extend the term until June 30, 2027.
The hourly rates charged by KKR have not been adjusted since 2020. This Amendment No. 5 will increase the hourly rates of the firm’s attorneys for calendar year 2025. The hourly rates will increase from $525 to $594 for partners in the firm, from $365 to $432 for associates, and add an hourly rate of $205 for paralegals and law clerks. This amendment will allow the hourly rates to increase by up to 5% per year thereafter. The maximum annual compensation under the Agreement remains the same at $100,000 per fiscal year.
Requested Action: Approve and authorize Amendment No. 5 to Agreement No. 190327B with the firm of Kaplan Kirsch Rockwell.
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 are included in the Airport’s FY24-25 budget. Funds will be appropriated in future years, if necessary. |
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Consequences if not approved: |
Representation 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. |
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.