Title
Consider recommendation from the Finance/Administrative Committee to approve a contract for special counsel representation regarding certain enforcement matters.
Body
RECOMMENDED MOTION:
Move the board accept the proposal for special counsel representation from Lloyd Gosselink Rochelle & Townsend, P.C.
SUMMARY:
The purpose of this agenda item is for the board to consider a Finance/Administrative Committee recommendation to engage special counsel to represent the board in the event such representation is needed regarding certain enforcement matters associated with the “Administrative Penalty” process contained in Section 1.37 of the EAA Act and Chapter 715 of the EAA rules.
At the April 10, 2018, regular board meeting, the board directed staff to initiate the process to solicit a legal consultant to support the EAA's enforcement program and represent the EAA Board of Directors during the processing of any contested administrative orders related to enforcement actions. The board also voted to deviate from the EAA Bylaws and use an RFP process in lieu of the described RFQ process for such an engagement.
On Wednesday, August 7, 2019, the Edwards Aquifer Authority received one (1) proposal from Lloyd Gosselink Rochelle & Townsend, P.C. The proposal is attached for the board’s reference. Also attached is a copy of the RFP that contains a draft contract that would be utilized to engage special counsel if so directed.
Staff advertised an RFP for special counsel in five regional newspapers: four (San Antonio Express News, New Braunfels Herald-Zeitung, San Marcos Daily Record, and the Uvalde Leader News) on July 21, 2019, and one (Hondo Anvil-Herald) on July 25, 2019. It was posted on the Texas Purchasing Group-Electronic Listing from Monday, July 15, 2019, through Wednesday, August 7, 2019, and on the State of Texas Comptroller-Electronic State Business Daily from Monday, July 15, 2019, through Wednesday, August 7, 2019.
In addition, on Monday Jul...
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