City Council agrees to hire attorney for DBOF oversight

August 29, 2007
Santa Paula City Council

With Santa Paula entering relatively unchartered waters for its new wastewater treatment plant, the City Council agreed to retain an attorney to oversee the Design/Build/Operate and Finance strategy.

By Peggy KellySanta Paula TimesWith Santa Paula entering relatively unchartered waters for its new wastewater treatment plant, the City Council agreed to retain an attorney to oversee the Design/Build/Operate and Finance strategy.The City Council agreed to a modified contract for specialized legal services at the Aug. 6 meeting.City Attorney Karl Berger noted that the Council had formally decided to go with the DBOF strategy in July and “as Council is aware, DBOF is a specialized area of construction law generally not utilized by public agencies...it’s a new process few cities have used” except for Beverly Hills.Larry Wiener of Richards, Watson & Gershon is “one of the few public law attorneys in California who has experience with the DBOF process” as the City Attorney of Beverly Hills during the project, noted Berger.
Wiener would be the lead attorney for the city’s DBOF process.According to Berger’s report, “to ensure that the city’s interests are protected during this process I previously advised the Council that special counsel should be retained for drafting the DBOF contract,” negotiating same and providing advice regarding the DBOF process.Berger said it could cost an estimated $250,000 to retain outside counsel to oversee the drafting of contracts and related duties.“...I’ll do everything in my power to make sure it is less than $250,000” said City Manager Wally Bobkiewicz.Mayor Ray Luna asked if a stepped process for expenditure approval could be utilized instead of letting the full contract amount and although Bobkiewicz noted that the projected costs would be reached in steps he suggested that the Council cap expenditures at $75,000 “to start...”



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