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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 |
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PRESENTER(S): |
David Wilkins, Assistant Attorney General |
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Tim Merrill, Assistant Attorney General |
TITLE:
title
Contract: Outside Legal Services - Environmental Law, Railroad Law, Surface Transportation Board (STB), National Transportation Safety Board (NTSB), Transportation Law (Kaplan, Kirsch and Rockwell LLP)
end
AGENDA ITEM TYPE:
Procurement Contract/Change Order
RECOMMENDATION:
Approve and authorize the Executive Director to execute a legal services agreement and associated disbursements with Kaplan, Kirsch & Rockwell LLP for assistance with Environmental Law, Railroad Law, STB, NTSB, and Transportation Law matters as the need arises. This contract is part of a legal services agreement pool and is subject to a pool Not-To-Exceed amount of $500,000 for the five years.
BACKGROUND:
A full and open competition was held in April 2024 for legal services from outside law firms in specialized areas of the law. Kaplan, Kirsch & Rockwell LLP was selected as one of the firms to be included in the pool for assistance with Environmental Law, Railroad Law, STB, NTSB, and Transportation Law matters.
DISCUSSION:
As specialized legal issues arise, UTA Legal Services needs the ability to seek assistance from outside law firms. Establishment of this pool for pre-determined discounted rates gives UTA the ability to quickly obtain the expert legal guidance or support required. Once a need is identified, UTA provides a work summary to the law firm which in turn provides an engagement letter to UTA based on pre-determined discount rates. UTA Legal Services processes a requisition and then issues a purchase order to the firm to allow them to perform the work. Purchase orders exceeding a Board approval threshold amount will be brought before the Board for approval.
CONTRACT SUMMARY:
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Contractor Name: |
Kaplan, Kirsch & Rockwell LLP |
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Contract Number: |
24-038445 |
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Base Contract Effective Dates: |
May 1, 2024, through July 1, 2027 |
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Extended Contract Dates: |
July 1, 2027 thru July 1, 2029 (option years included in this approval request) |
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Existing Contract Value: |
N/A |
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Amendment Amount: |
N/A |
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New/Total Contract Value: |
NTE $500,000 for entire pool for five years. |
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Procurement Method: |
RFP |
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Budget Authority: |
Approved 2024 Operating Budget |
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ALTERNATIVES:
Forgo specialized and expert legal assistance which would put UTA at risk when facing complex legal matters.
FISCAL IMPACT:
Requisitions authorized and P.O.s issued once a need arises. The legal budget for FY 2024 contains $420K which will be adequate to cover this year. Funding for FY years 25 thru 28 will be allocated at a future date. Any legal services procured in FY24 which could extend into FY 25 or beyond will be issued “subject to availability of funding” printed on the face of the Purchase Order.
Budget for Outside Legal Expenses
2024 Budget - $100,000
2025 Forecast Budget - $100,000
2026 Forecast Budget - $100,000
2027 Forecast Budget - $100,000
2028 Forecast Budget - $100,000
ATTACHMENTS:
Contract/Notice of Award