Business Services Action Item

DATE:	Tuesday, February 4, 2020
TO:	School Board Members
FROM:	Jeff Eakins, Superintendent
SUBJECT / RECOMMENDATIONS
Approve the Increase in Expenditures for Legal Services - Fisher & Phillips, LLP (Business Services Division)
EXECUTIVE SUMMARY
On May 7, 2019, the board approved the legal services agreement with Fisher & Phillips, LLP for counsel, consultation, and advise for the Superintendent and staff on legal matters involving Exceptional Student Education services at an annual flat fee of $137,500.  Ms. LaKisha M. Kinsey-Sallis is the District's attorney with Fisher & Phillips, LLP.  Services under the annual flat fee include day-to-day advice on non-litigation maters; reviewing, respond to, or preparing correspondence on non-litigation matters; attendance at Individual Education Plan (IEP) meetings involving non-litigation matters; and time spent performing legal research on non-litigation matters.   At this time, approval for an increase in expenditures is required to cover litigation services for Exceptional Student Education.  Ms. Kinsey-Sallis' rate is $250 per hour for litigation services.  These services include day-to-day advice on litigation matters (including cases that the Board or district has reasonable belief will result in litigation); attendance at all meetings involving litigation matters including, but not limited to, attendance at IEP meetings; reviewing, responding to, or preparing correspondence on litigation matters; preparing pleadings, discovery documents, and other filings or documents/correspondence arising in the context of or otherwise related to litigation matters; interviewing witnesses and speaking with district personnel arising in the context of or otherwise related to litigation matters; and time spent performing legal research on litigation matters.
STRATEGIC OBJECTIVES
• Establish a strong foundation of financial stewardship
FINANCIAL IMPACT (Budgeted:  Yes)
Annual expenditures for litigation services are estimated to be $125,000.  For tracking purposes, the project number specific to this agenda item is 4492.  As of January 13, 2020, the remaining balance less encumbrances for this line item equaled $470,025.
EVALUATION
Contract administration and evaluation is performed by the Project Manager (the "End User") and the Procurement Officer, who function as a team, by utilizing an online vendor performance report or via in-person reviews. The evaluation consists of an assessment of the vendor-provided goods and services, deliverables, and compliance with contractual requirements. The resulting data will support renewal decisions and/or alterations to a new agreement.
SUBMITTED BY:  Corey A. Murphy, General Manager, Procurement Services Kimberly Workman, General Director, Exceptional Student Education

Tracye H. Brown		Gretchen Saunders
Assistant Superintendent (813) 272-4879		Chief Business Officer (813) 272-4270
		B 6.04
Hillsborough County Public Schools (Florida) * Mtg.#20200204_978 (Board Meeting) * Section B Item# 6.04