Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO AUTHORIZE increase in the current cap for outside counsel services pursuant to the agreement between Broward County and Kaplan Kirsch & Rockwell LLP (KK&R) in connection with complex railroad matters (including, but not limited to, the securing of all necessary access and development rights for the Broward Coastal Link Commuter Rail Project) by $150,000, from $100,000 to $250,000; and authorizing an additional not-to-exceed amount of $100,000 for assistance in negotiating and securing aerial rights over railroad tracks owned by Florida East Coast Railway for airport project development and operations, for a new total maximum not-to-exceed amount of $350,000; and authorizing the County Attorney to approve and execute an amendment to the agreement reflecting the increased fees cap.
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Why Action is Necessary
Board authorization is required for the County Attorney to approve and execute an amendment to the legal services agreement with KK&R.
What Action Accomplishes
Authorizes the County Attorney to take the referenced actions.
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Previous Action Taken
Summary Explanation/Background
The County is in continuing discussions with Florida East Coast Railway, Brightline Holdings, and Miami-Dade County regarding the Broward Coastal Link Commuter Rail Project. These ongoing discussions encompass the addition of rail station locations, the grant of certain property rights (including sufficient track access) through an easement, a long-term access agreement, and agreements addressing development, maintenance, and operations. At its November 4, 2021, meeting (Item No. 15), the Board authorized the County Attorney to retain KK&R as special railroad counsel to assist in connection with these anticipated transactions, similar rail-related transactions, and related regulatory requirements, at an initial maximum amount not to exceed $100,000.
As the discussions regarding Broward Coastal Link Commuter Rail Project reach a critical stage, additional funds are required to continue KK&R’s engagement as special railroad counsel. These funds have been and will continue to be provided from proceeds of the Broward County Transportation Surtax.
The motion also requests separate funding to engage KK&R for services relating to Fort Lauderdale-Hollywood International Airport (Airport) for the acquisition of aerial easement rights required for the advancement of the Automated People Mover (APM) project, with this portion of the engagement to be funded by the Aviation Department.
Under the County’s agreement with KK&R dated November 3, 2021, the firm currently charges blended hourly rates of $525 for all partners, $420 for all associates, and $185 for paralegals and/or law clerks. The agreement provides for an annual 3% increase in rates. These rates represent a discount from the firm’s standard fees and reflect KK&R’s specialization and expertise in railroad law.
If approved, this motion will increase the maximum not-to-exceed amount for services from $100,000 to $350,000.
Source of Additional Information
Nathaniel A. Klitsberg, Transportation Surtax General Counsel, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
$250,000, with $150,000 to be paid with funds from the Broward County Transportation Surtax and $100,000 to be paid by the Aviation Department.