HomeMy WebLinkAbout3.a. Review Draft PP to authorize GM to execute contract with Kent Alm Page 1 of 3
Item 3.a.
. � CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
-- POSITION PAPER
CENTRAL CONTRA COSTA SANITARY DISTRICT DRAFT
MEETING DATE: NOVEMBER 20, 2018
SUBJECT: REVIEW DRAFT POSITION PAPER TO AUTHORIZE THE GENERAL
MANAGER TO EXECUTE ATWO-YEAR PROFESSIONAL SERVICES
CONTRACT WITH KENTON L.ALM, ESQ., TO PROVIDE COUNSEL FOR
THE DISTRICT SERVICES EFFECTIVE JANUARY 1, 2019 THROUGH
DECEMBER 31, 2020, WITH AN OPTION TO EXTEND THE CONTRACT
FOR TWO ADDITIONAL ONE-YEAR TERMS
SUBMITTED BY: INITIATING DEPARTMENT:
ANN K. SASAKI, DEPUTY GENERAL GM DEPUTY GENERAL MANAGER
MANAGER
ISSUE
Board authorization is requested for the General Manager to execute a professional services contract with
Kenton L.Alm, Esq., to provide Counsel for the District services effective January 1, 2019 through
December 31, 2020, with an option to extend the contract for two additional one-year terms.
BACKGROUND
Central San has been receiving general legal services and Counsel for the District services from Mr.Alm,
since 1986. The existing contract is with Mr.Alm as a principal in the firm of Meyers Nave, which has been
the arrangement since 2002. The current Meyers Nave contract is expiring on December 31, 2018. Mr.
Alm has notified Central San of his pending retirement from Meyers Nave as of January 1, 2019. Central
San desires to continue engaging the services of Mr.Alm as Counsel for the District based upon his
extensive experience and knowledge working with Central San. In addition to retaining Mr.Alm, staff
recommends that Meyers Nave continue to be retained under a separate contract to serve as a backup,
provide assistance to Mr.Alm, and provide specialty legal services on an as-needed basis. While the
contract with Meyers Nave will be with Central San, Mr.Alm will be primarily responsible for assignment
and direction of their work on a daily basis.
ALTERNATIVES/CONSIDERATIONS
The Board could elect not to enter into this contract and issue a Request for Proposal for Counsel for the
District services. This is not recommended at this time, as Mr.Alm has extensive experience and
knowledge working with Central San.
November 20, 2018 Regular ADMIN Committee Meeting Agenda Packet- Page 3 of 31
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FINANCIAL IMPACTS
Under the current contract with Meyers Nave, the monthly retainer is $24,124 per month based on 74
hours. Under the proposed contract with Mr.Alm, the retainer would be based on 76 hours per month and
would cover office hours of three days per week at a cost of$16,720 per month. Additional services
outside of the scope of services listed under the retainer would be billed at$235 per hour. Under the
contract with Meyers Nave, Mr.Alm's billing rate was $341 per hour.
The term of the proposed contract is for two years. Additionally, Central San will have the option to extend
the contract beyond December 31, 2020 for two additional one-year terms. The rates charged will be
reviewed and amended annually as of January 1 each year and shall be adjusted by the change in the
Consumer Price Index for all Urban Consumers (San Francisco/Oakland/San Jose)during the most
recently completed November-to-November time period prior to the applicable January, with a maximum of
three percent.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter on November 20, 2018 and
recommended
RECOMMENDED BOARD ACTION
Authorize the General Manager to execute a two-year professional services contract with Kenton L.Alm,
Esq., to provide Counsel for the District services effective January 1, 2019 through December 31, 2020,
with an option to extend the contract for two additional one-year terms.
Strategic Plan Tie-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 3- Comply with all federal, state, and local regulations related to District administration
ATTACHMENTS:
1. Kenton L.Alm, Esq., Rate Sheet
November 20, 2018 Regular ADMIN Committee Meeting Agenda Packet- Page 4 of 31
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KENTON L. ALM, ESQ.
RATE SHEET
RATES
Effective January 1, 2019*
$220/hour— 76 hours
Kenton L. Alm - Retainer
$16,720/month
Kenton L. Alm —Additional Services $235/hour
Legal Assistance Actual rate to be reviewed by
Central San prior to usage
* Rates will be reviewed and amended annually as of January 1 of each year and shall
be adjusted by the change in the Consumer Price Index (CPI) for all Urban
Consumers (San Francisco/Oakland/San Jose) during the most recently completed
November-to-November time period prior to the applicable January with a maximum of
three (3) percent.
RETAINER SERVICES
Retainer services for the purposes of this contract are defined as those certain services
that are customarily provided on a regular basis and specifically include the following:
a. Attendance at Central Contra Costa Sanitary Board meetings, agenda review
meetings, Board Committee meetings (one (1) committee meeting per month), and
California Association of Sanitation Agencies Legislative meetings;
b. Legislative review for California Association of Sanitation Agencies Legislative
Committee and ordinary Counsel of the District services in support of wastewater
related industry matters;
c. All telephone calls lasting less than twelve (12) minutes and/or the first twelve (12)
minutes of telephone calls exceeding twelve (12) minutes in length, excepting calls
on assigned litigation matters;
d. Initial receipt and review of all correspondence, documents, faxes and e-mails,
except on assigned litigation matters;
e. Preparation and presentation of advice to the Board and Board Members
(including customary ancillary activities related to representing the Board); and
f. Twelve (12) hours per week of onsite services.
November 20, 2018 Regular ADMIN Committee Meeting Agenda Packet- Page 5 of 31