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HomeMy WebLinkAbout08-13-24 CPRL&L Committee PacketOTAY WATER DISTRICT CONSERVATION, PUBLIC RELATIONS, LEGAL & LEGISLATIVE COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA TUESDAY August 13, 2024 12:00 P.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. UAGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE COMMITTEE ON ANY SUBJECT MATTER WITHIN THE COMMITTEE’S JURISDICTION INCLUDING AN ITEM ON TODAY'S AGENDA DISCUSSION ITEMS 3. AUTHORIZE AN AMENDMENT TO THE CURRENT CONSULTING SERVICES AGREEMENT WITH BROWNSTEIN HYATT FARBER SCHRECK, LLP FOR LEGISLATIVE ADVOCACY TO EXTEND THE TERM THROUGH DECEMBER 31, 2025, AND INCREASE THE TOTAL COMPENSATION BY $75,000 TO AN AMOUNT NOT-TO-EXCEED $350,000 (TENILLE OTERO) BOARD MEMBERS ATTENDING: Gary Croucher, Chair Mark Robak All items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the District’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available by contacting the District Secretary at (619) 670-2253. 2 If you have any disability that would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at 670-2253 at least 24 hours prior to the meeting. Certification of Posting I certify that on August 9, 2024, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on August 9, 2024. /s/ Tita Ramos-Krogman, District Secretary STAFF REPORT TYPE MEETING: Regular Board Meeting MEETING DATE: September 4, 2024 SUBMITTED BY: Tenille M. Otero PROJECT: Various DIV. NO.All APPROVED BY: Jose Martinez, General Manager SUBJECT: Authorize an amendment to extend the term and total compensation with Brownstein Hyatt Farber Schreck LLP (BHFS)Agreement for Legislative Advocacy and Lobbying Services GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors authorize the General Manager to issue an amendment to the current consulting services agreement with Brownstein Hyatt Farber Schreck, LLP (BHFS) for legislative advocacy to extend the term through December 31, 2025 and increase the total compensation by $75,000 to an amount not-to- exceed $350,000. COMMITTEE ACTION: See Attachment A. PURPOSE: To obtain Board authorization for the General Manager to issue an amendment to extend the term and increase the total compensation for the consulting services agreement for District-related legislative advocacy. ANALYSIS: The District entered into an agreement on March 6, 2019 with BHFS to obtain legislative consulting and lobbying services for an amount not-to-exceed $200,000. The original agreement with BHFS has been extended through September 30, 2024 and the total compensation was increased by $75,000 to $275,000, through three amendments, which was within the General Manager’s authority. BHFS is actively working on a District-sponsored legislative bill as well as actively engaging in other legislative activity. Therefore, for the purposes of continuity of representation in Sacramento, staff recommends amending the agreement through December 31, 2025 and increasing the total compensation amount by $75,000 with a not-to-exceed amount of $350,000. The amended AGENDA ITEM 3 agreement will allow the District to solicit professional services with BHFS acting as the government relations advocate and counsel. Based on past work, the District believes BHFS is uniquely qualified to best meet the District's needs for comprehensive legislative issues advocacy. This action would also authorize the General Manager to amend the Agreement with BHFS to extend the term and/or increase the contract amount as necessary and within the General Manager’s Authority to provide for the continuation of services, terminate elements of the Agreement, or to include such other services as deemed necessary and appropriate by the General Manager. Time Period of Consulting Services Provided Total Cost of Services Rendered through 6/30/24 Amount Paid to Date Remaining Contract Balance Total or Estimated Future Costs March 2019 through June 2024 $261,506.15 $261,506.15 $13,493.85 N/A July 2024 through December 2025 N/A $1,906.50 11,587.35 Approx. $75,000 Total $261,506.15 $263,412.65 Staff is requesting that an amendment to the current Agreement be approved and issued to extend the term through December 31, 2025. In addition, due to this amendment increasing the total contractual amount above the General Manager’s authority, staff is requesting that the Board also approve an increase to the total compensation by $75,000 to an amount not-to-exceed $350,000. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Legislative advocacy is included in the General Manager's Outside Services budget. The total Fiscal Year 2025 budget for Legislative Advocacy is $60,000. Actual FY2024 expenditures $54,893.11. Recognizing the increased need for legislative advocacy based on a District-cosponsored bill with the City of San Diego for the remainder of the 2024 legislative session, there is sufficient budget but if the need of legislative advocacy and lobbying services increases, there is additional budget in outside services if necessary. Based on a financial review of the General Manager's budget, staff has determined that the budget is sufficient to support the general legislative advocacy services through the end of FY2025. Staff will need to include budget for FY2026. STRATEGIC GOAL: Execute and deliver services that meet or exceed customer expectations, and increase customer engagement in order to improve District Services. Enhance and build customer and community engagement to increase public awareness about the District’s priorities, initiatives, projects, programs, and services. LEGAL IMPACT: None. Attachments: A) Committee Action ATTACHMENT A SUBJECT/PROJECT: Authorize an amendment to extend the term and total compensation with Brownstein Hyatt Farber Schreck LLP (BHFS)Agreement for Legislative Advocacy and Lobbying Services COMMITTEE ACTION: The Conservation, Public Relations, Legal and Legislative Committee is scheduled to review these items at the monthly Board meeting to be held on August 13, 2024. The attachment will be updated with notes from the committee’s discussion.