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Consent-Law & Justice Services    # 37.
Board of Supervisors
District Attorney
Meeting Date:
01/10/2023
Brief Title
Amend Agreement 22-210 - Aqua Terra Aeris Law Group FY22/23
From:
Jeff Reisig, District Attorney, District Attorney's Office
Staff Contact:
Nikki Abaurrea, Chief Fiscal Admin Officer, District Attorney's Office, x4505
Supervisorial District Impact:
Countywide

Subject

Approve first amendment to Agreement No. 22-210 with Aqua Terra Aeris Law Group to increase the amount by $250,000 for a maximum compensation of $610,000, to assist Consumer Fraud/Environmental Protection Division, authorize the District Attorney to sign amendment on behalf of Yolo County and adopt budget resolution increasing the DA's budget by $245,000. (No general fund impact) (4/5 vote required) (Reisig)

Recommended Action

  1. Approve first amendment to Agreement No. 22-210 with Aqua Terra Aeris Law Group to increase the amount by $250,000 for a maximum compensation of $610,000; 
     
  2. Authorize the District Attorney to sign amendment on behalf of Yolo County; and
     
  3. Adopt budget resolution increasing the DA's 2022-23 budget by $245,000.

Strategic Plan Goal(s)

Thriving Residents
Safe Communities

Reason for Recommended Action/Background

The District Attorney's Consumer Fraud/Environmental Protection Division has been entering into an agreement with Aqua Terra Aeris Law Group since fiscal year 2018/19.  This partnership began at a time when Consumer Fraud/Environmental Protection was very short-handed while handling large cases.  The partnership has continued as many of these cases are still ongoing and with their expert knowledge on these cases, it is crucial for them to remain involved until these cases concluded.  

On August 30, 2022, the Board of Supervisors approved Agreement No. 22-210 with Aqua Terra Aeris in the amount of $360,000.

The Yolo County District Attorney is asking to amend Agreement No. 22-210 by increase the agreement to $610,000 (an increase of $250,000).  

On one specific case, between June and November 2022, there were many unanticipated court rulings and defense motions.  The trial for this case lasted longer than anticipated and the Court gave each party a month to prepare their closing arguments.  All of this has created additional legal services from Aqua Terra Aeris that were not factored into the original lifetime maximum amount and why it is necessary to increase this agreement by $250,000 to a maximum amount of $610,000.    

Collaborations (including Board advisory groups and external partner agencies)

County Counsel has reviewed and signed amendment and budget resolution 

Competitive Bid Process/Vendor Performance

No competitive bid

Fiscal Impact

No Fiscal Impact

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    610,000
Amount budgeted for expenditure:
$    365,000
Additional expenditure authority needed:
$    245,000
One-time commitment:
Yes

Source of Funds for this Expenditure

General Fund
$0
Fines, Forfeitures, Penal
$245,000

Further explanation as needed:

$365,000 was included in the District Attorney FY22/23 adopted budget. We are requesting to increase the District Attorney's FY22/23 budget by $245,000. Additional revenue will come from Fines, Forfeitures, and Penalties. No general fund impact.

Attachments

Form Review

Inbox Reviewed By Date
Financial Services KauXue Thao 12/27/2022 01:04 PM
County Counsel Hope Welton 12/27/2022 01:06 PM
Form Started By:
Nikki Abaurrea
Started On:
12/22/2022 01:05 PM
Final Approval Date:
01/03/2023