| Major Deliverable: LEGAL COMPENSATION FEES : Term date: July 1, 2024 -June 30, 2025. Cooper & Kirk Firm shall provide private legal services for representation to the Commissioner of Education as prosecutor of assigned cases arising from Agency's, Leroy Pernell, et al., v. FL BOG of the State University System of Fl, et al., in any cases assigned to them by the Agency or provide legal advice as requested for Leroy Pernell, et al., v. FL BOG of the State University System of Fl, et al.,. The "Deliverables" include, but are not limited to: pleadings, motions, briefs and other documents filed in a case, copies of receipts, invoices or other appropriate documentation of expenses for which the CONTRACTOR is seeking reimbursement. At least once each month, the CONTRACTOR shall provide the AGENCY with a case status summary of all pending and completed cases to which other pertinent "Deliverables" may be attached. 1.) Fees shall not exceed $950,000.00, and fees in excess of such amount shall not be compensable. The Contractor shall notify the Agency, in writing, when fees for billable services reach $800,000.00. 2.) Reimbursable costs shall not exceed $50,000.00. The Contractor shall notice the Agency in writing when costs reach $40,000.00. Said notification shall be made as soon as is practicable and prior to the next monthly invoice. Hourly rates: Charles J. Cooper - $725/hour; All Firm Paralegals - (See Exhibit 1 Fee Schedule J. Hourly Billing Schedule Pg. 9 in Contract). |
| Deliverable Price: $1,000,000.00 |
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| Performance Metrics: Payment of all attorneys' fees is subject to appropriation. Attorneys' fees shall be forfeited if, during the pendency of the case, the counsel retained by the state takes a public position that is adverse to the state's litigation or settlement posture. The AGENCY shall be billed in accordance with Exhibit 1. Fees shall not exceed $950,000.00 fees in excess of such amount shall not be compensable. The CONTRACTOR shall notify the AGENCY, in writing, when fees for billable services reach $800,000.00. Said notification shall be made as soon as is practicable and prior to the next monthly invoice. Failure to comply with these provisions will result in non-payment |
| Financial Consequences: The CONTRACTOR shall provide monthly status reports for each case regarding the issues involving AGENCY staff; the judicial or administrative tribunal; statutory or case law interpretation; unique case & legal arguments; accomplishments for reporting period, & suggestions. Status report should be no longer than 2 pages & shall only describe significant events or the absence of significant events. Pleading or case history & billing shall not be recited. All documents shall be timely provided to the Educational Practices Commission (EPC) and General Counsel's Office by CONTRACTOR. All documents filed with Division of Administrative Hearings shall be simultaneously filed with EPC and General Counsel's Office by CONTRACTOR. All documents necessary for prosecution of a case in an informal hearing before EPC shall be filed with the EPC and General Counsel's Office by CONTRACTOR at least 6 weeks prior to scheduled date of hearing, except for those documents obtained after that date. In any case assigned to CONTRACTOR in which AGENCY'S General Counsel's Office will represent the Commissioner at an informal hearing before the EPC instead of the CONTRACTOR; the CONTRACTOR is responsible for providing all documents necessary for the prosecution of the case to both the EPC and General Counsel's Office at least 6 weeks prior to the scheduled date of hearing, except for those documents obtained after that date. |
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