File #: 2017-0230    Version: 1 Name:
Type: Action Item Status: Passed
File created: 4/28/2017 In control: Board of Port Commissioners
On agenda: 6/20/2017 Final action: 6/20/2017
Title: RESOLUTION AUTHORIZING FOURTH AMENDMENT TO TETRA TECH, INC. LITIGATION ENVIRONMENTAL SUPPORT AGREEMENT INCREASING THE MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT BY $400,000 FOR A NEW MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT OF $1,766,000, AND EXTENDING THE TERMINATION DATE TO JUNE 30, 2018; AND WAIVING BPC POLICY NO. 110(B) AUTHORIZING A NEW AGREEMENT WITH TETRA TECH, INC. FOR SOUTH CAMPUS LITIGATION ENVIRONMENTAL SUPPORT IN AN AMOUNT NOT TO EXCEED $390,000 THROUGH JUNE 30, 2018
Attachments: 1. 11. 2017-0230A Draft Resolution, 2. 11. 2017-0230B Draft Resolution
DATE: June 20, 2017

SUBJECT:

Title
RESOLUTION AUTHORIZING FOURTH AMENDMENT TO TETRA TECH, INC. LITIGATION ENVIRONMENTAL SUPPORT AGREEMENT INCREASING THE MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT BY $400,000 FOR A NEW MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT OF $1,766,000, AND EXTENDING THE TERMINATION DATE TO JUNE 30, 2018; AND WAIVING BPC POLICY NO. 110(B) AUTHORIZING A NEW AGREEMENT WITH TETRA TECH, INC. FOR SOUTH CAMPUS LITIGATION ENVIRONMENTAL SUPPORT IN AN AMOUNT NOT TO EXCEED $390,000 THROUGH JUNE 30, 2018
Body

EXECUTIVE SUMMARY:

The Office of the General Counsel is responsible for providing legal advice and representation to the Board of Port Commissioners, the CEO and executive team, as well as all departments of the District. This includes defending the District in litigation and administrative procedures, as well as advising the District on transactions, policies and other matters. In order to best advise and defend the District, in addition to the in-house attorneys, the Office of the General Counsel sometimes utilizes the services of expert witnesses and consultants to assist the District in legal matters. This agenda seeks Board approval and authorization for the General Counsel to execute one expert agreement and one amendment to an existing expert agreement. Details regarding the specific matters for which this agreement and amendment are proposed are protected by the attorney/client and work product privileges and are discussed in a separate confidential attorney-client privileged memoranda to the Board.

RECOMMENDATION:

Recommendation
Adopt a Resolution authorizing a Fourth Amendment to Tetra Tech, Inc. litigation environmental support agreement increasing the maximum amount payable under the agreement by $400,000 for a new maximum amount payable under the agreement of $1,766,000, and extending the termination date to June 30, 2018; and new agreement with Tetra Tech, Inc. for South Campus litigation environmental support in an amo...

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