(insert date of meeting)
City Attorney's Office
DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Joe Leach, P.E. Public Works Director
Subject:
(This will appear on the agenda)
Amendment to legal services contract with Downey Brand
law firm
FINANCIAL IMPACT: This item is included in the Wastewater Fiscal Year 2020- 2021 budget as a separate line item (40322631-400534)
and will be paid from the Enterprise Fund.
PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The proposed contract amendment No.1 will allow the
City to use Downey Brand law firm to represent them
during discussions and for reviewing legal documents
regarding the Baykeeper Settlement Agreement.
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE contract amendment no. 1 with Downey
Brand law firm in the amount of $255,000, for an
additional two (2) years, ending December 31, 2024, for the legal review of the requirements as predetermined in the existing Baykeeper Settlement Agreement and to
represent the City in any future settlement agreement
discussions. The total contact will not exceed $510,000 without prior council approval - Public Works (Joe Leach AGENDA
REPORT
(insert date of meeting)
620-5478). This item was continued from the
December 21, 2021, meeting.
DISCUSSION:
In 2006, the City of Richmond, Veolia Water, West County Agency, and West County Wastewater District settled an environmental lawsuit brought forth by Lawyers for Clean Water (AKA: Baykeeper). In that settlement agreement, there were certain requirements that each agency must fulfill with specific deadlines to complete them.
Due to Richmond’s inability to comply with the terms of the 2006 Settlement Agreement, Baykeeper negotiated another Settlement Agreement in 2018 (Attachment 3). This agreement extends until 2028.
The City retained the legal services of Downey Brand to assist with negotiating the terms of both the 2006 and 2018 Settlement Agreements with Baykeeper. As a result, Downey Brand has the knowledge and background represent the City during various discussions with Baykeeper and to provide legal review of any documents prior to submittal as required in the current Settlement Agreement.
Therefore, staff is requesting City Council to approve this contract amendment with Downey Brand.
DOCUMENTS ATTACHED:
Attachment 1 – Downey Brand Contract Amendment
Attachment 2 – Downey Brand Original Contract
Attachment 3 – 2018 Baykeeper Settlement Agreement