Title: CC7 Approve Amendment to Fish and Richardson Contract

Recommendation:
I recommend a second amendment to the consultant contract with the Law Firm of Fish & Richardson and authorize the Superintendent and Board Chairman to sign all necessary documents.

Description:

• The consultant shall perform the following services: Legal advisor shall provide regulatory and transactional advice to the School District with respect to Educational Broadband Service Spectrum lease negotiations with Sprint.  
• This amendment is to extend the maximum payment amount an additional $50,000 for the term of this contract and to increase, beginning January 1, 2006, Mr. Lavergne’s rate to $480 per hour.
• In 1995, the School Board leased its Instruction Television Fixed Service (now renamed Educational Broadband Service Spectrum) spectrum to a predecessor of Sprint.  Since the time that this lease was executed technology and the regulatory environment has changed considerably.  The system that was originally going to be constructed to utilize the School Board's spectrum has never been constructed and as a result, the School Board has received very little in the way of benefits from the lease.
• The Sprint lease is scheduled to expire this fall.  Sprint is expected to challenge the District's ability to terminate.  Staff and Chief Counsel need an attorney with expertise in FCC regulatory matters, spectrum use and valuation issues to assist staff in the evaluation of the alternatives available to the School Board.
• The firm of Fish & Richardson and attorney Ed Lavergne come highly recommended to staff and staff has already had an initial meeting with Mr. Lavergne.  Approval of the funds requested in this Amendment will allow Mr. Lavergne to provide staff with a sound basis for making decisions as to the future use of the School Board's spectrum and the termination or renegotiation of the existing lease.

Financial Impact:

Authorized Amount this Request:  $ 50,000

Previously Authorized Amount Year-to-Date:  $ 85,000

Total Authorized Amount if Request approved:  $ 135,000

Fund Source:  Operating Budget

For Additional Information, contact:

Gerald A. Williams, Esq. (williamsg@palmbeach.k12.fl.us)

Blair R. LittleJohn, III, Esq.

Attachments (list):
Fish & Richardson Documents.pdf
Fish & Richardson Beneficial Interest.pdf
Fish & Richarson New Evaluation.pdf
Fish & Richardson Previous Evaluation.pdf
Fish & Richardson Legal Checklist.pdf