MOTION TO APPROVE:  Legal services agreement with Weiss Serota.
 

This continues Weiss Serota as legal counsel for MTECC with an updated agreement.
 

Weiss Serota is currently serving as legal counsel for MTECC and has been since MTECC began in 2022.
 
The updated legal services agreement breaks the services up into general administrative and project specific services.The major tasks for the general administrative include:
 
Administrative Legal Services
 

• General Legal Counseling and advice as generally provided by a chief legal advisor.
• All in-person meetings, telephone calls, emails, teleconferences and video conferences with individual board members, the Executive Director and staff.
• Preparation or review and revision of MTECC Board Resolutions.
• Preparation and review of agenda memorandums and item summaries for agenda items to be heard at meetings of the Board.
• Orientation of newly appointed Board Members.
• Legal research, analysis and drafting memorandums and correspondence responding to routine inquiries. 
• Review of administrative policies.
• Drafting, review and revision of Administrative Agreements.
• Amendments to the MTECC formation interlocal agreement.
• Review of procurement documents of multi-year design and construction, engineering and inspection libraries including the general engineering consultant contracts that would be based on future specific work orders for these services.
• Review request for Program Management Consultant services for the annual general services work order.

These services are being provided for a monthly fixed fee of $4,000 to total $48,000 per year.  This amount is within the annual budget allocation for legal services for administrative activities.
 
Project Specific Legal Services
 
In addition, legal services will be available for project specific activities including, but not limited to the below based on hourly rates.
 

• Legal Services related to the procurement, funding, design or construction of specific transportation projects (“Project Services”).  Project Services include but are not limited to, preparation, review and revision of project specific request for work order documents, Project Administration Agreements; Local Agency Program (LAP) Agreements; Project funding agreements or Subrecipient Agreements; and word orders for professional design, CEI, construction related services.
• All services provided on litigation matters, including adversarial proceedings before any administrative tribunals, courts, mediators, arbitrators and appellate tribunals.
• Special projects.  Special projects include any individual task requiring more than 15 hours of research and drafting that would include items such as securing approval of amendments to the MTECC formation interlocal agreement. 

No recommendation as MTECC legal services report to the Board.
 

If you have any questions about this item, please contact Lowell Clary at (850) 212-7772 or lowell.clary@claryconsulting.com