For discussion and vote by the District Board of Trustees: Contract for legal services, Cagle Pugh

 

  1. The Building Committee has determined the need for a Project Manager to be our point person on the expansion project.  Said PM will work for/with the Building Committee, specifically reporting to Aileen, under terms specified in a contract.  The Building Committee has been granted permission by the Trustees to proceed in the hiring of said PM, with the proviso of contract terms allowing termination of the arrangement if the Certificates of Obligation funding fails to occur.
  2. The process for selecting the PM is underway.  We have requested responses from several local candidates and have received submissions from most.  It is the BC’s intention to score these responses and cull down to two or three leading contenders, then hold Zoom interviews with said contenders with an eye toward selection of our prime candidate.  Time frame for this is within the next 7-10 days.
  3. At such time, we will begin negotiating a contract.  The time frame for this is anticipated to be mid-November.  Ideally, we would like to conclude these negotiations by December 1, so that we can begin our collaborative work before the end of the year.
  4. We CAN create a contract from scratch or possibly use one proffered by the prime candidate.  But the BC feels that it is in the Library’s best interests to create a baseline contract that fully protects US and meets our needs, so that we can negotiate from this starting point.  Also, there may be issues in such a contract that are unknown to us or to any lawyers at our disposal.  The pro bono attorney, Mr. Floriani, has been unresponsive to date.  Carrie Campbell is unfamiliar with this area of law.  However, Carroll Wilson’s son-in-law Kevin Murphy is At Counsel with Cagle Pugh, a firm that specializes in Construction Law.  We have reached out to Kevin re the possibility of him serving as our attorney in this matter.  Kevin has helped us a number of times in past months regarding questions about PMs and other issues, pro bono, but cannot do something this involved on an informal, freebie basis.
  5. Kevin has quoted his rate: $350 an hour and estimates that work on the contract will require 3.5 hours.  It may require less; it may require more.  It will all depend on our PM candidate and everyone’s willingness to compromise on the final wording.  In any case, the final amount should not exceed $3,000, and will more likely be in the $1,500 range.  Cagle Pugh requires a retainer of $1,200 before commencing any work.
  6. Per prior decisions by the Trustees, all project financing – including professional services – will come via the Trustees regardless of the source of the funds (Foundation, CO’s, etc.).
  7. The BC has requested and received permissions to execute contracts with SAMCO and with Ms. Stephanie Liebe regarding acquisition of the CO’s.  At present, that process is stalled due to the election cycle, but should resume shortly.  Ms. Liebe is an attorney, but not one versed in Construction Law; her expertise is in public bond issuance and such corollary issues as Certificates of Obligation.  Her rate is similar to that quoted by Mr. Murphy.
  8. In that getting a PM on board will require a contract, and that having a PM in place will drive other actions such as improving our master plan and schedule, identifying and selecting an architect, and getting said architect under contract (which may again require legal expertise from someone such as Mr. Murphy), we feel it is necessary to secure legal representation ASAP in this matter and that Mr. Murphy is an ideal candidate for this purpose.
  9. To that end: we request that the District Board of Trustees approve the expenditure of funds up to a limit of $3,000 for the purpose of developing and executing a contract with a Project Manager individual or firm to be determined in November, and to pay Cagle Pugh a retainer of $1,200 immediately to secure the services of that firm’s representative in that matter.