File #: 2019-0459    Version: 1 Name:
Type: Action Item Status: Passed
File created: 11/18/2019 In control: Board of Port Commissioners
On agenda: 12/10/2019 Final action: 12/10/2019
Title: RESOLUTION AUTHORIZING THE GENERAL COUNSEL TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT FOR LEGAL SERVICES WITH ORRICK, HERRINGTON & SUTCLIFFE LLP INCREASING THE MAXIMUM AMOUNT BY $540,000 FROM $466,400 TO $1,006,400 AND AMENDMENT NO. 2 TO THE AGREEMENT FOR EXPERT LEGAL SERVICES WITH WINDWARD ENVIRONMENTAL LLC INCREASING THE MAXIMUM AMOUNT BY $120,000 FROM $210,000 TO $330,000. FY 2020 EXPENDITURES ARE BUDGETED.
Attachments: 1. 5. 2019-0459 Draft Resolution
DATE: December 10, 2019

SUBJECT:

Title
RESOLUTION AUTHORIZING THE GENERAL COUNSEL TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT FOR LEGAL SERVICES WITH ORRICK, HERRINGTON & SUTCLIFFE LLP INCREASING THE MAXIMUM AMOUNT BY $540,000 FROM $466,400 TO $1,006,400 AND AMENDMENT NO. 2 TO THE AGREEMENT FOR EXPERT LEGAL SERVICES WITH WINDWARD ENVIRONMENTAL LLC INCREASING THE MAXIMUM AMOUNT BY $120,000 FROM $210,000 TO $330,000. FY 2020 EXPENDITURES ARE BUDGETED.
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 outside law firms and experts to provide legal and consultant services in specific areas of law and to supplement the services of the in-house resources. This agenda seeks Board approval of authorization for the General Counsel to execute an amendment to the outside counsel agreement with Orrick, Herrington & Sutcliffe LLP adding $540,000 to the current not-to-exceed amount of $466,400 for a new total of $1,006,400 and an amendment to the expert legal services agreement with Windward Environmental LLC adding $120,000 to the current not-to-exceed amount of $210,000 for a new total of $330,000. Details regarding the specific matters for which these amendments are proposed are protected by the attorney/client and work product privileges and are discussed in separate confidential attorney-client privileged memoranda to the Board.

RECOMMENDATION:

Recommendation
Adopt a Resolution authorizing the General Counsel to execute Amendment No. 2 to the Agreement for Legal Services w...

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