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Department of Finance - Division of Procurement & Contracts
Reference: A Resolution Of The City Council Of The City Of Brighton, Colorado, Acting By And Through Its Water Activity Enterprise,to find and acknowledge that good cause exists and that it is in the best interests of the City to waive the formal Request For Proposal Procedures For Contract Renewal With Fischer, Brown, Bartlett, And Gunn, P.C., for the provision of water rights-related legal services to the City in the not-to-exceed amount of One Hundred Seventy-Five Thousand Dollars ($175,000), and to authorize the City Manager to execute a Professional Services Agreement on behalf of the City
To: Mayor Gregory Mills and Members of City Council
Through: Marv Falconburg, Acting City Manager
Prepared By: Michael Woodruff, Director of Infrastructure
Date Prepared: February 6, 2020
PURPOSE
Consider a resolution waiving the Request For Proposal (RFP) process for Fischer, Brown, Bartlett, and Gunn, P.C. (“FBBG”), and authorizing the renewal of a Professional Services Agreement for a term ending December 31, 2020, to represent the City of Brighton as special water counsel, particularly with respect to water rights procurement and protection.
STRATEGIC FOCUS AREAS
Supportive, Sustainable Infrastructure
Financially Responsible
BACKGROUND/HISTORY
• FBBG has served as special water counsel to the City since 1985. In that time, they have developed an in-depth understanding of the City’s water supplies, systems, existing decrees, and current water court cases. The company’s Brighton-specific experience and knowledge base allows them to give superior service in the many ongoing court cases and agreements in which the City is involved.
• FBBG provides quality services at a competitive hourly rate.
• FBBG is retained on an as-needed basis. Their time is closely monitored by staff and is limited by the Council-approved budget.
FINANCIAL IMPACT
This contract is paid out of the approved 2020 operating budget. No additional funds are requested at this time. Fischer, Brown, Bartlett, and Gunn, P.C. is retained on an as-needed basis only and must have direction from City staff before moving forward with any work.
STAFF RECOMMENDATION
Based on FBBG’s quality service, competitive pricing, and tenure with the City, staff recommends the approval of the resolution waiving the RFP process for Fischer, Brown, Bartlett, and Gunn, P.C., and authorizing the renewal of their Professional Services agreement for a term ending December 31, 2020.
OPTIONS FOR COUNCIL CONSIDERATION
The Council may take any of the following actions:
1. Approve proposed resolution
2. Reject proposed resolution
3. Postpone consideration of proposed resolution
ATTACHMENTS
• Resolution