Title
Approval of Services Agreement No. AGR20-905 with Kutak Rock, LLP in the amount of $150,000.00, plus Applicable Gross Receipts Tax, for the Purpose of Legal Services
Recommended Action
I move that the Board of Public Utilities approve Services Agreement No. AGR20-905 with Kutak Rock, LLP in the amount of $150,000.00, plus applicable gross receipts tax, for the purpose of legal services related to utilities issues.
Staff Recommendation
Staff recommends that the Board approve as presented.
Body
The general County as well as the DPU have used the services of Kutak Rock for a variety of issues, mostly related to interface with the DOE/NNSA for several decades. DPU’s existing 5-year contract, which is about to expire, is for $110,000, and has approximately $30,000 remaining unspent. Several issues are looming that will require more utilization of Kutak Rock services than the past 5 years. Among the upcoming issues are renewal of the water rights lease with the NNSA, renewal of the water sales contract and negotiations for the modification and/or renewal of the Energy Coordination Agreement. Staff expects to be heavily relying on Kutak Rock during these negotiations, so the ceiling amount of the contract is being raised to $150,000. Kutak Rock has also performed work related to the Small Modular Reactor project for both the DOE and UAMPS, so they are uniquely qualified to assist in the County’s upcoming deliberations related to participation in this project. The general County has a separate contract with Kutak Rock for advice and assistance with a variety of other DOE-related issues. This proposed contract however, is strictly for utilities-related services. The selection of legal services is exempt from competitive procurement under the County Procurement Code.
Alternatives
Staff could use a different law firm or rely entirely on in-house attorneys for the upcoming negotiations with NNSA. Kutak Rock, due to their long association with Los Alamo...
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