TO: Board of Trustees
THROUGH: Mary DeLoretto, Interim Executive Director
FROM: David Wilkins, Assistant Attorney General
PRESENTER(S): David Wilkins, Assistant Attorney General
TITLE:
title
Change Order: Federal Monitoring Services Agreement Modification No. 5 - Final Payment to Independent Federal Monitors (Coblentz, Patch, Duffy and Bass LLP)
end
AGENDA ITEM TYPE:
Procurement Contract/Change Order
RECOMMENDATION:
Approve Modification No. 5 to contract 17-2325JH to add the additional amount of $75,270.96 to available contract funds in order to support a final payment of $85,000 to federal monitors, Coblentz, Patch, Duffy and Bass LLP, for their effort expended in consolidating all remaining efforts into a single final report in connection with early termination of the monitoring arrangement.
BACKGROUND:
The original contract was bid and awarded to Coblentz Patch Duffy & Bass to verify UTA's compliance with the terms and conditions of an April 4, 2017 Non-Prosecution Agreement entered into by and between UTA and the United States Attorney's Office for the District of Utah (the 'USAO"). This contract was executed in phases with not-to-exceed amounts for each phase. Contract amendments for each phase were to be executed through change-orders.
UTA has paid the amount of $560,704.50 to date for work done in connection with Phases 1, 2 and 2a. This Modification No. 5 will bring the total to $635,975.46. This final payment of $85,000 represents a 24% discount from the total invoices submitted by the law firm.
DISCUSSION:
This negotiated final payment of $85,000 is a fair settlement for the additional work done by the federal monitors in consolidating all remaining effort into a single final report in connection with the early termination of the monitoring arrangement.
CONTRACT SUMMARY:
|
Contractor Name: |
Coblentz, Patch, Duffy and Bass LLP |
|
Contract Number: |
17-2325JH |
|
Base Contract Effective Dates: |
April 17, 2017 to September 8, 2021 |
|
Extended Contract Dates: |
N/A |
|
Existing Contract Value: |
$560,704.50 |
|
Amendment Amount: |
$75,270.96 |
|
New/Total Amount Contract Value: |
$635,975.46 |
|
Procurement Method: |
Competitive Procurement |
|
Funding Sources: |
UTA local funds |
ALTERNATIVES:
Continued discord over amount of final payment and potential litigation.
FISCAL IMPACT:
This modification amount will be covered with remaining 2021 UTA agency appropriation authority.
ATTACHMENTS:
Change Order: Modification No. 5 - Final Payment to Independent Federal Monitors (Coblentz, Patch, Duffy and Bass LLP)
Original Service Contract