B6.16 - Approve the Legal Services Agreement Between The School Board of Hillsborough County, Florida and MacFarlane Ferguson & McMullen, P.A. (Business Services Division)

On June 19, 2018, the Board approved the agreement with MacFarlane Ferguson & McMullen, P.A., for legal services, counsel, consultation, and advice for the Superintendent and staff.  The agreement pricing includes a $19,000 flat fee per month for ongoing, daily, and ordinary course of business legal matters, and a $1,300 flat fee per month for garnishment representation. The hourly rate for real estate, zoning, land use, and real state lease matters will be billed at $200 per hour, not to exceed $10,000 per month, irrespective of the amount of time incurred performing such work. Attorney representation for labor, employment, and human resource matters will be billed at $225 per hour, and construction litigation attorney representation will be charged $250 per hour.

The initial term of this contract shall be for a 1-year period beginning July 1, 2019, with four 1-year renewals. All prices offered are firm against any increase for at least one year from the effective date. This contract may be renewed by the Superintendent, per the terms of the specifications.

Florida Administrative Code 6A-1.012(11)(a) Purchasing Policies states the requirement for requesting competitive solicitations for commodities or contractual services from three or more sources is hereby waived as authorized by Section 1010.04(4)(a), F.S., for the purchase by district school boards of professional services which shall include, without limitation, artistic services, academic program reviews, lectures by individuals, auditing services not subject to Section 218.391, F.S., and legal services including attorney, paralegal, expert witness, court reporting, appraisal, or mediator services.

* Establish a strong foundation of financial stewardship

A Survey Evaluation was sent out to the Superintendent's cabinet regarding the last 12 months of engagement with MacFarlane Ferguson & McMullen, P.A. Overall comments were positive and professional. We have established a way of work that varies with each division. Mr. Jeff Gibson has acquired considerable knowledge regarding the K-12 school environment and our district processes.