TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 7, 2014
COMMITTEE ON PROCUREMENT
Mr. David St. Pierre, Executive Director
Title
Issue purchase order and enter into an agreement with the law firm of Laner Muchin to conduct a technical review of the District's Deferred Compensation Plan and Trust Document, for an amount not to exceed $20,000.00, Account 101-25000-601170, Requisition 1382855
Body
Dear Sir:
The District's Deferred Compensation Committee ("Committee") sought proposals from law firms with expertise in the field of 457 plans for the purpose of conducting a technical review of the District's Deferred Compensation Plan to ensure its compliance with all relevant federal and state regulations.
After reviewing the proposals, the Committee recommends the law firm of Laner Muchin to conduct the proposed technical review of the plan document. Laner Muchin has agreed to perform the technical review project for a flat fee of $10,000.00. William H. Nichols, a Laner Muchin partner with 35 years experience related to employee benefit matters, and a long track record of representing public sector clients, will be the primary attorney assigned to the project, and he has agreed to bill the District at a discounted rate of $250.00 per hour. Although the technical review of the plan document will be completed for $10,000.00, the Committee requests a total authorization of $20,000.00 because it anticipates that additional related legal tasks may be necessary as a result of the plan review. It should be noted that the District would be reimbursed for these expenses by the Administrative Allowance account established under the 457 Deferred Compensation Plan. Funds in this account are set aside specifically for expenses related to the administration of the plan.
In as much as the law firm of Laner Muchin possesses a high degree of professional skill, it is recommended that the Director of Procurement and Materials Management be authorized to issue a purchase order and enter into an agreement without advertising, per Section 11.4 of the Purchasing Act, in an amount not to exceed $20,000.00.
It is requested that the Executive Director recommend to the Board of Commissioners that the Chairman of the Committee on Finance, the Clerk, the Director of Procurement and Materials Management and the Executive Director be authorized to execute said purchase order and enter into an agreement with the law firm of Laner Muchin after same is approved by the General Counsel as to form and legality.
Funds are available in Account 101-25000-601170.
Requested, Denice E. Korcal, Director of Human Resources, DEK:JF:LAG:JBM:kk
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully submitted, Barbara J. McGowan, Chairman Committee on Procurement
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 7, 2014