Agenda

Return

C. 72

To:	Board of Supervisors
From:	Catherine Kutsuris, Conservation & Development
Date:	December 11, 2012

Contra

Costa

County

Subject:

Legal Services Consulting

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/11/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Maureen Toms 674-7878

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 11, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute an amendment with Goldfarb & Lipman, LLP, extending the term of the contract from December 31, 2012, to December 31, 2013, and increasing the payment limit from $400,000 to $760,000, to provide continuing legal consulting services.

FISCAL IMPACT:

None to the General Fund. This contract amendment is funded by the Redevelopment Property Tax Trust Fund administered by the County Auditor Controller, reserve funds held by the Successor Agency and approved by the State Department of Finance, bond revenue.

BACKGROUND:

The Successor Agency to the Contra Costa County Redevelopment Agency has an ongoing need of legal services consulting to assist with implementing the provisions of the Redevelopment Dissolution Act of 2011 as amended. Approval of this contract amendment will enable the Agency to ensure that the administration and implementation of these complex transactions comply with State requirements.

BACKGROUND: (CONT'D)

The contract amendment covers legal services for the 2013 calendar year. The Successor Agency has included these services in its Recognized Obligation Payment Schedule for the January 1, 2013 to June 30, 2013 time period (ROPS 3) which was approved on August 14, 2012 by the by the Board of Supervisors acting as the Governing Board of the Successor Agency, and approved on August 15, 2012, by its Oversight Board. The State Department of Finance has reviewed ROPS 3 and has challenged $105,000 of proposed expenditures dedicated to this contract amendment. The County has met and conferred with the Department of Finance on these proposed expenditures. A decision from the state is expected prior to December 15, 2012. County staff will not authorize work in the challenged areas until the state approves these expenditures or an alternative funding source for this work is identified.

Legal services pursuant to this contract amendment will also be included in the Recognized Obligation Payment Schedule for the July 1, 2013 to December 31, 2013 time period (ROPS 4). which will be reviewed by the Successor Agency and its Oversight Board in March 2013. Work pursuant to this contract amendment during this time period is contingent on these future approvals by the Successor Agency, the Oversight Board and the State Department of Finance.

CONSEQUENCE OF NEGATIVE ACTION:

The Successor Agency would not have the legal services necessary to meet the complex requirements dictated by statute.

CHILDREN'S IMPACT STATEMENT:

Not applicable.