| Major Deliverable: LEGAL COMPENSATION FEES : This is a joint agreement with the Board of Governors and DOE. Services include legal representation in the cases Leory Pernell, et al., v. Florida Board of Governors of the State University System of Florida, et al., Case No. 4:22-cv-304-MW-MAF, and Adriana Novoa, et al., v. Manny Diaz, Jr., et al., Case No. 4:22-cv-00324-AW-MAF, both filed in the U.S. District Court, Northern District of Florida, Tallahassee Division, and any subsequent cases, appeals, or related matters, as requested by DOE and BOG. All Attorneys, $795/hour, including Charles Cooper, John Ohlendorf, John Ramer, Davis Cooper, and Megan Wold $725/hour. Non-Attorneys (Kaitlyn Trolio, Erica Lizza, Annitta Bailey) $270/hour, Work related to discovery $380/hour Total available for attorney fees $950,000.00 and $50,000.00 for reimbursement costs
DOE and BOG will split all billing 50/50 on this contract, and each will receive its own invoice (billing should be set up the same as 25-019). $500,000 encumbered for each agency. |
| Deliverable Price: $1,000,000.00 |
| Non Price Justification: |
| Performance Metrics: 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. |
| Financial Consequences: 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. Reimbursable costs shall not exceed a total of $950,000.00, with equal amounts of $50,000.00 and costs in excess of the amount allocated for each fiscal year shall not be compensable. 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 |
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