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File #: 2023-0910    Version: 1
Type: Motion Status: Approved
File created: 8/2/2023 In control: General Legislative Session
On agenda: 8/16/2023 Final action: 8/16/2023
Title: Motion 23-333, approval of Amendment No 5 to the Agreement for Services with Charles H. Montange for consultation and representation regarding Centennial Trail legal rights
Attachments: 1. Motion 23-333, 2. Staff Report, 3. Amendment No. 5 - SIGNED, 4. Agreement, 5. Amendment No. 1, 6. Amendment No. 2, 7. Amendment No. 3, 8. Amendment No. 4, 9. Motion 19-385, 10. Motion 22-556, 11. Motion 18-232, 12. Motion for Amendment 3, 13. Motion Assignment Slip

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

Title

Motion 23-333, approval of Amendment No 5 to the Agreement for Services with Charles H. Montange for consultation and representation regarding Centennial Trail legal rights

body

DEPARTMENT:  DCNR

 

ORIGINATOR:  Rich Patton

 

EXECUTIVE RECOMMENDATION:  Approved by Lacey Harper 8/7/23

 

PURPOSE: To extend the agreement with outside rail/STB counsel until the end of April 2024 in order to allow time for completion of all Surface Transportation Board and other proceedings and increase the total compensation in order to continue legal efforts (including retaining of paid consultants by outside rail/STB counsel for STB-related work) as previously outlined. 

 

BACKGROUND: An extension of the agreement and additional compensation is needed to cover additional expenses into 2024 to continue to pursue railbanking of the rail corridor. This amendment will allow the retained attorney to advise and represent the County in connection with ongoing litigation associated with thre rail corridor, including in an STB abandonment/railbanking action.

 

FISCAL IMPLICATIONS:

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU

CURRENT YR

2ND YR

1ST 6 YRS

309-51094804426599

$135,000

 

 

 

 

 

 

 

 

 

 

TOTAL

$135,000

 

 

 

 

REVENUE: FUND, AGY, ORG, REV, SOURCE

CURRENT YR

2ND YR

1ST 6 YRS

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 

 

 

 

DEPARTMENT FISCAL IMPACT NOTES:  Click or tap here to enter text.

 

CONTRACT INFORMATION:

ORIGINAL

 

CONTRACT#

NA

AMOUNT

  $50,000.00

AMENDMENT

 1

CONTRACT#

 

AMOUNT

  $35,000.00

AMENDMENT

 2

CONTRACT#

 

AMOUNT

  $80,000.00

AMENDMENT

 3

CONTRACT#

 

AMOUNT

  $50,000.00

AMENDMENT

 4

CONTRACT#

 

AMOUNT

  $50,000.00

AMENDMENT

 5

CONTRACT#

 

AMOUNT

$135,000.00

Contract Period

ORIGINAL

START

      02/11/2019   

END

     12/31/2020 

AMENDMENT

START

     05/08/2019

END

     12/31/2020

AMENDMENT

START

     12/04/2019

END

     12/31/2020

AMENDMENT

START

     12/16/2021

END

     12/31/2022

AMENDMENT

START

     01/11/2023

END

       7/31/2023

AMENDMENT

START

     08/01/2023

END

     12/31/2024

 

OTHER DEPARTMENTAL REVIEW/COMMENTS:  Reviewed/approved by Risk - Shelia Barker 8/2/23 and Finance - Nathan Kennedy 8/4/23