Title
Department of Transportation and County Counsel recommending the Board consider the following:
1) Approve and authorize the continuation of the perpetual Agreement 6755 between County of El Dorado and Burke, Williams & Sorensen, LLP for legal advice and litigation representation, review of resolutions of necessity, and property acquisition matters inclusive of eminent domain, concerning various Capital Improvement Program projects; and
2) Find that Agreement 6755 is exempt from competitive bidding in accordance with County’s Procurement Policy C-17, Section 3.4 “Exemptions from Competitive Bidding” because it is for legal services.
FUNDING: For various Capital Improvement Program and Environmental Improvement Program projects, funding will be provided by associated Federal, State, and Local funding sources. Local funding sources may include any combination of the following: Traffic Impact Fee Program, Missouri Flat Area Master Circulation and Financing Plan, Road Fund, Tribe Funds, Accumulative Capital Outlay, Developer Advanced Funds, Sacramento Municipal Utility District, and/or General Fund.
Body
DISCUSSION / BACKGROUND
In accordance with Board of Supervisors Policy C-17, Section 2.4, “Perpetual Agreements,” Departments must obtain authorization from the Board of Supervisors, initially, and on an annual basis, to utilize any contract that does not have a stated contract term and exceeds the Purchasing Agent authority.” Accordingly, Department of Transportation (Transportation) and County Counsel are requesting the Board authorize the continuance of the following perpetual agreement for FY 2024-25.
On June 28, 2022 (Legistar File 22-1065), the Board provided retroactive approval of perpetual Agreement #6755 for Legal Services (Agreement) between County of El Dorado and Burke, Williams & Sorensen, LLP (Consultant). The agreement became effective June 6, 2022, and provides the County with support regarding legal advice and litigation representation, review of Resolutions of Necessity, and property acquisition matters inclusive of eminent domain concerning various Capital Improvement Program (CIP) projects. The Agreement is exempt from competitive bidding in accordance with County’s Procurement Policy C-17, Section 3.4 “Exemptions from Competitive Bidding" because it is for legal services.
On December 12, 2023, (Legistar File 23-1957), the Board provided annual approval of the Agreement with the Consultant for FY 2023-24.
This request is for authorization for continuation of the perpetual nature of the Agreement in order to continue litigation of ongoing and upcoming eminent domain activities. County Counsel acts as the contract administrator, with all contract activities executed on Transportation’s behalf.
ALTERNATIVES
The Board could choose to deny the ongoing use of this perpetual Agreement and require a new agreement be executed with the same or a different outside counsel. However, this would lead to significant project delays due to ongoing litigation on which the Consultant is representing the County.
PRIOR BOARD ACTION
Outlined in Discussion/Background section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Chief Administrative Office’s Procurement and Contracts Division and County Counsel have reviewed this action.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to net County cost associated with this item. Funding for the Agreement is provided by various Capital and Environmental Improvement Program project budgets, including Federal, State, and Local funding sources. Local funding sources may include any combination of the following: Traffic Impact Fee (TIF) Program, Missouri Flat Area Master Circulation and Financing Plan (MC&FP), Road Fund, Tribe Funds, Accumulative Capital Outlay (ACO), Developer Advanced Funds, Sacramento Municipal Utility District (SMUD), and/or General Fund. All expenses associated with this Agreement are included in the respective CIP project budgets in the Right of Way phase(s).
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
David Livingston, County Counsel
Rafael Martinez, Director, Department of Transportation