Title
AMEND THE RETENTION LETTER WITH WINSTON & STRAWN LLP TO CONTINUE REPRESENTATION OF THE CITY IN THE REVIEW OF ISSUES RELATED TO THE BIOMASS POWER PURCAHSE AGREEMENT (NB)
Explanation
In 2015, the City Attorney's Office assisted the General Manager for Utilities, in confirming the qualifications of Winston & Strawn LLP, an international firm with depth of qualified personnel and experience in renewable energy power purchase agreements, to assist the City d/b/a GRU in the review of issues related to the Biomass PPA as requested by the new General Manager for Utilities. On August 6, 2015, the City Commission approved the retention of Winston & Strawn LLP to represent the City d/b/a GRU in the review of the Biomass PPA with a cap of $100,000 in legal fees. Since the City d/b/a GRU is approaching the $100,000 cap, the General Manager and City Attorney request approval to amend the retention letter to allow for the expenditure of up to an additional $100,000 in legal fees related to the review of the GREC PPA.
Fiscal Note
The rates quoted by Winston Strawn, LLP are hourly rates of $880 for Ms. Cottle. It is unknown at this time exactly how many hours of work will be requested of outside counsel. The additional amount of up to $100,000 will be paid either from GRU budgeted funds for legal expenses or from unanticipated cost savings that GRU realizes.
Recommendation:
The Board: 1) recommend that the City Commission authorize the Office of the City Attorney, on behalf of the General Manager for Utilities, to amend the retention letter with Winston & Strawn LLP for the representation of the City d/b/a in the review of issues related to the Biomass PPA to reflect a maximum cap of $200,000 in legal fees; or 2) provide an alternative recommendation.