Report to Carson Reclamation Authority
Tuesday, June 04, 2019
Discussion
SUBJECT:
Title
CONSIDER AMENDED AND RESTATED ENVIRONMENTAL REMEDIATION AND DEVELOPMENT MANAGEMENT AGREEMENT WITH RE|SOLUTIONS, LLC, A COLORADO LIMITED LIABILITY COMPANY ("RES")
Body
I. SUMMARY
This Amended and Restated Environmental Remediation and Development Management Agreement ("Agreement") is by and between the Carson Reclamation Authority, a joint powers authority formed under the laws of the State of California ("CRA"), and RE|SOLUTIONS, LLC, a Colorado limited liability company ("RES"). This Agreement amends and restates in its entirety the previous Environmental Remediation and Development Management Agreement, dated as of July 26, 2017 between the CRA and RES as amended by Amendment No. 1 dated December 13, 2017, Amendment No. 2 dated August 21, 2018, and Amendment No. 3 approved September 4, 2018 (as amended, the "Original Agreement"). It was felt a new, clean Amended and Restated Agreement would be better for tracking and monitoring the Agreement going forward.
Most of the changes to the Original Agreement were in the nature of formatting and making certain sections internally consistent with one another. However, there were revisions to sections of the Minimum Monthly Fee Credit, the Incentive Payment, and Project Completion Fees. The Agreement also contains new, more specific language on reporting RES' staffing levels (Section 5.01(d)), as well as RES' contracting requirements for when it contracts with its subcontractors, as well as the process of approving or amending contracts (Sections 5.06(b) and (c)).
II. RECOMMENDATION
Recommendation
1. APPROVE the Amended and Restated Environmental Remediation and Development Management Agreement with RE|Solutions, LLC; and
2. AUTHORIZE the Chairman to execute all documents related to this Amendment.
Body
III. ALTERNATIVES
Take another action the Board deems appropriate.
IV. BACKGROUND
CRA and RES entered into ...
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