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TO: |
Board of Trustees |
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THROUGH: |
Jay Fox, Executive Director |
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FROM: |
David Wilkins, Assistant Attorney General, Director Transit Section |
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PRESENTER(S): |
David Wilkins, Assistant Attorney General, Director Transit Section |
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Mike Bell, Assistant Attorney General, UTA Counsel |
TITLE:
title
Change Order: Outside Legal Services Modification to Increase Not-To-Exceed Amount for Outside Legal Services Pool (Chapman and Cutter; Fabian VanCott; Gilmore Bell; Jackson Lewis PC; Kaplan, Kirsch, & Rockwell LLP; Kutak Rock LLP; Nossamon LLP; Parsons, Behle, & Latimer PLC; Spencer Fane LLP; Venable LLP)
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AGENDA ITEM TYPE:
Procurement Contract/Change Order
RECOMMENDATION:
Authorize the Executive Director to execute the notice, and associated disbursements, increasing the not-to-exceed (NTE) amount of the outside legal services pool from $500,000 to $2,000,000.
BACKGROUND:
On June 26, 2024, the Board of Trustees, in response to a request for proposal (RFP), approved the selection of 10 outside firms (hereafter referred to as “Legal Services Pool” or “Pool”) based on various specialties. Each notice of potential award contained an overall pool NTE amount of $500,000 over five (5) years.
When a matter arises requiring outside law firm involvement, an engagement letter is solicited based on rates contained in the RFP and then a Purchase Order will be issued with a NTE amount for the particular effort.
The Pool’s individual contract numbers, specialties, and firms are:
• 24-038441 - Public and Project Finance (Chapman and Cutler)
• 24-038442 - Labor and Employment, Environmental, Litigation, Bankruptcy, Public and Project Finance, Commercial Lease Law, and Policy Drafting Change (Fabian VanCott)
• 24-038443 - Public Project Finance and Tax (Gillmore Bell)
• 24-038444 - Pension, Labor and Employment, Immigration, and Transportation Law (Jackson Lewis PC)
• 24-038445 - Environmental Law, Railroad Law, Surface Transportation Board (STB), National Transportation Safety Board (NTSB), and Transportation Law (Kaplan, Kirsch and Rockwell LLP)
• 24-038446 - Pension, Immigration, Intellectual Property (Kutak Rock LLP)
• 24-038447 - Construction Law (Nossaman LLP)
• 24-038448 - Labor and Employment, Environmental, Litigation, Railroad Law, Bankruptcy, Tax Law, Transportation Law, Intellectual Property Law, and Construction Law (Parsons, Behle and Latimer, PLC)
• 24-038449 - Officer Involved Critical Incidents, Bankruptcy, Construction Law, Commercial Law (Spencer Fane LLP)
• 24-0384410 - Railroad Law, Surface Transportation Board (STB), National Transportation Safety Board (NTSB), and Communications Law (Venable LLP)
Expected expenditures for outside legal services have increased due to several unanticipated legal issues that have arisen. Total outside legal expenses to date equal $472,000. Hence, the need to increase the overall pool NTE amount to $2,000,000.
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DISCUSSION:
Several legal issues have arisen that were not anticipated when the Legal Services Pool was approved in June 2024 with This increase in the overall Not-to-Exceed (NTE) amount is necessary to cover expenses through the end of the contract period ending July 1, 2029 (including two (2) one-year options).
CONTRACT SUMMARY:
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Contractor Name: |
Legal Services Pool |
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Contract Number: |
• 24-038441 • 24-038442 • 24-038443 • 24-038444 • 24-038445 • 24-038446 • 24-038447 • 24-038448 • 24-038449 • 24-0384410 |
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Base Contract Effective Dates: |
Base and Option periods applicable to all vendors in the Pool Base Period: April 30, 2024, through July 1, 2027 Full Option Period: July 2, 2027, through July 1, 2029 |
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Extended Contract Dates: |
N/A |
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Existing Contract Value: |
$500,000 |
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Amendment Amount: |
$1,500,000 |
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New/Total Contract Value: |
$2,000,000 |
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Procurement Method: |
RFP |
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Budget Authority: |
Approved 2025 Operating Budget |
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ALTERNATIVES:
Forgo utilizing outside counsel for specialized areas and increase legal risk to UTA.
FISCAL IMPACT:
This is a pool NTE amount which doesn’t obligate any funds. No funds will be obligated without an approved requisition and issuance of a Purchase Order.
The Legal Services Pool total NTE value: $2,000,000
Total Legal Services Pool expenses to date: $472,000
Remaining Legal Services Pool NTE value: $1,528,000
ATTACHMENTS:
• Change Order: Outside Legal Services Change Order 1 - Increase Not-To-Exceed Amount for Outside Legal Services Pool