HomeMy WebLinkAbout07.b. Renewal of Contract with District CounselCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 4, 2010
Subject: CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH
KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE
PERIOD FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2012 AND
AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
Submitted By Initiating Dept. /Div.:
RANDALL M. MUSGRAVES ADMINISTRATION
DIRECTOR OF ADMINISTRATION
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
hj�fgraves
James M elly,
General Manager
ISSUE: The contract renewal for legal services with Kenton L. Alm and Meyers, Nave,
Riback, Silver & Wilson requires approval by the Board of Directors. The term of the
contract is for two years (October 1, 2010 through September 30, 2012).
RECOMMENDATION: Approve the contract with Kenton L. Alm and Meyers, Nave,
Riback, Silver & Wilson for legal services and authorize the Board President to execute
the contract.
FINANCIAL IMPACTS: The negotiated rates represent a cost -of- living increase for Mr.
Alm over the current rate structure for each of the two years of the agreement.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to renew the contract
for legal services, although this is not recommended.
BACKGROUND: The District has been receiving general legal services and Counsel
for the District services from Mr. Kenton L. Alm since 1985 by a contractual
arrangement. The term of the contract renewal is for two years (October 1, 2010
through September 30, 2012) and is on the same schedule as the performance review.
The District's current contract with Kenton L. Alm and Meyers, Nave, Riback, Silver &
Wilson for legal services expired September 30, 2010. The proposed contract renewal
is very similar to the current contract. Hourly rates are modified to reflect increased
costs for service. Meyers Nave voluntarily waived CPI increases provided for under the
existing contract that would have been due in July 2009 and 2010. A small hourly rate
increase for the Senior Principal, Mr. Alm, is reflected in the contract. Other hourly
rates either had a small CPI increase or remain the same based upon Meyers, Nave,
Riback, Silver & Wilson rates.
7.6.
The Blended Rate is used for calculating the charges for the specified retainer services
and will not be increased for the first year of the contract. The Blended Rate represents
POSITION PAPER
Board Meeting Date: November 4, 2010
Subject. CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH
KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE
PERIOD FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2012 AND
AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
a 5% to 10% discount to the projected averaging of rates for the attorneys most
commonly providing District legal services.
A CPI increase equivalent to that provided to CCCSD employees is requested by
Meyers Nave for the second year of the contract.
RECOMMENDED BOARD ACTION: Approve the contract with Kenton L. Alm and
Meyers, Nave, Riback, Silver & Wilson for legal services and authorize the Board
President to execute the contract.