HomeMy WebLinkAbout06. Authorize one-year extension to contract for legal services with Meyers Nave Page 1 of 2
Item 6.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 21, 2019
SUBJECT: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A ONE-YEAR
EXTENSION TO THE EXISTING 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
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Board authorization is requested for the General Manager to execute an extension to the existing 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 2002. 1 n J my 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
November 21, 2019 Regular Board Meeting Agenda Packet- Page 37 of 91
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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
Central San.
FINANCIAL IMPACTS
Under the current agreement with Meyers Nave, the monthly retainer is $6,890 based on 26 hours per
month, which includes providing one half-day a week of office hours. A flat fee of three percent of
professional fees is also assessed 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 approval to
amend and extend the contract for legal services with Meyers Nave effective January 1, 2020 through
December 31, 2020.
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 Tie-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 21, 2019 Regular Board Meeting Agenda Packet- Page 38 of 91