HomeMy WebLinkAbout06.a. Review draft Position Paper authorizing the General Manager to amend and extend the contract for legal services with Meyers Nave effective January 1, 2020 through December 31, 2020 Page 1 of 2
Item 6.a.
CENTRAL SAN BOARD OF DIRECTORS
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POSITION PAPER
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DRAFT
MEETING DATE: NOVEMBER 5, 2019
SUBJECT: REVIEW DRAFT POSITION PAPER AUTHORIZING THE GENERAL
MANAGER TO AMEND AND EXTEND THE CONTRACT FOR LEGAL
SERVICES WITH MEYERS NAVE EFFECTIVE JANUARY 1, 2020 THROUGH
DECEMBER 31, 2020
SUBMITTED BY: INITIATING DEPARTMENT:
ANN K. SASAKI, DEPUTY GENERAL GM DEPUTY GENERAL MANAGER
MANAGER
REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER
ISSUE
Board authorization is requested for the General Manager to execute an extension to the contract for legal
services with Meyers Nave effective January 1, 2020 through December 31, 2020.
BACKGROUND
Central San has had a relationship with Meyers Nave since 1985. In July 2015, Central San entered into
its current contract with Meyers Nave to provide general legal services and Counsel for the District
services from Kenton L. Alm, Esq. When Mr. Alm retired from Meyers Nave at the end of 2018, Central
San entered into a separate contract with Mr. Alm to continue providing Counsel for the District services
through December 31, 2020 and amended the existing contract with Meyers Nave. The Meyers Nave
contract was expiring on December 31, 2018 and had an option for two one-year extensions. The contract
was extended to December 31, 2019.
The scope of engagement with Meyers Nave provides ongoing assistance to Mr. Alm in the form of a half-
day weekly of office hours, backup for Counsel of the District services during Mr. Alm's absence, and
specialty legal services on an as-needed basis. While oversight of this contract is the responsibility of
Central San staff, Mr. Alm will assign, review and direct the day-to-day work of Meyers Nave staff. This
arrangement with Meyers Nave and Mr. Alm has worked well and staff recommends exercising the one-
year extension with Meyers Nave under the existing terms and conditions.
ALTERNATIVES/CONSIDERATIONS
The Board could elect not to extend this contract and issue a request for proposal for legal services. This
alternative is not recommended as Meyers Nave has extensive experience and knowledge working with
November 5, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 3 of 41
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Central San.
FINANCIAL IMPACTS
Under the current agreement with Meyers Nave, the monthly retainer for providing one half-day a week of
office hours is $6,890 based on 26 hours per month, plus a flat fee of three percent of professional fees
to cover administrative costs. There is no change to the current rates charged by Meyers Nave under the
proposed extension.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter on November 5, 2019 and recommended
RECOMMENDED BOARD ACTION
Authorize the General Manager to execute an extension to the contract for legal services with Meyers
Nave effective January 1, 2020 through December 31, 2020.
Strategic Plan re-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 3- Comply with all federal, state, and local regulations related to District administration
GOAL THREE: Be a Fiscally Sound and Effective Water Sector Utility
Strategy 2- Manage costs
November 5, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 4 of 41