Memorandum
Date: January 9, 2024
To: The Honorable Lake County Board of Supervisors
From: Lloyd C. Guintivano, County Counsel
Subject: Consideration to: (a) Waive the competitive bidding procedures pursuant to Lake County Code Section 2-39.2 and Section 1.C.2 of the County’s Consultant Selection Policy; and (b) Approve Amendment One to Retention Agreement Between Friedman & Springwater LLP and the County of Lake increasing the contract amount by $15,000, not to exceed $40,000 and authorize the Chair to sign.
Executive Summary:
On August 30, 2023, your Board approved the retention agreement between the County of Lake and Friedman & Springwater LLP for legal representation in Proceeding No. P-77, the Potter Valley Project, currently pending before the Federal Energy Regulatory Commission and related matters regarding a proposal by Pacific Gas and Electric Company to de-commission the Potter Valley Project. Based on the costs incurred to date, Friedman & Springwater LLP anticipates incurring costs exceeding the $25,000 cap stated in the retention agreement. Therefore, the amendment proposes to increase the cap by $15,000.
This agreement is exempt from competitive bidding procedures pursuant to Lake County Code Section 2-39.2 and Section 1.C.2 of the County’s Consultant Selection Policy.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Purchasing Considerations (check all that apply): ☐ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)
☐ For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)
☐ Other (Please describe in Executive Summary)
Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake
Recommended Action:
(a) Waive the competitive bidding procedures pursuant to Lake County Code Section 2-39.2 and Section 1.C.2 of the County’s Consultant Selection Policy; and
(b) Approve Amendment One to Retention Agreement Between Friedman & Springwater
LLP and the County of Lake increasing the contract amount by $15,000, not to exceed
$40,000 and authorize the Chair to sign.