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Regional Transportation Commission of Southern Nevada

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Regional Transportation Commission of Southern Nevada DocuSign Envelope ID: D17F8613-95F9-4C37-AD4E-5B21B34348E5 REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA AGENDA ITEM Metropolitan Planning Organization [ ] Transit [ ] Administration and Finance [X ] SUBJECT: APPROVE AGREEMENT PETITIONER: M.J. MAYNARD, CHIEF EXECUTIVE OFFICER REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA RECOMMENDATION BY PETITIONER: THAT THE REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 16-032, LEGAL AND CONSULTING SERVICES, WITH THOMPSON COBURN LLP IN THE ANNUAL NOT-TO-EXCEED AMOUNT OF $291,060.00, PLUS ANNUAL REIMBURSABLE EXPENSES IN A NOT-TO-EXCEED AMOUNT OF $10,000.00, TO EXTEND THE CONTRACT FROM JULY 1, 2020 TO JUNE 30, 2022, AND AUTHORIZE THE CHAIRMAN TO SIGN (FOR POSSIBLE ACTION) GOAL: ENHANCE PUBLIC AWARENESS AND SUPPORT OF THE REGIONAL TRANSPORTATION SYSTEM FISCAL IMPACT: Funds in the amount of $291,060.00 are budgeted in the Administrative Fund in Fiscal Year 2021. Funds will be budgeted in the same fund for future years. BACKGROUND: On October 8, 2015, the Regional Transportation Commission of Southern Nevada (RTC) approved a contract between the RTC and Thompson Coburn LLP to represent the RTC on matters related to Americans with Disabilities Act (ADA) oversight; planning, policy and federal legislative matters; transit labor, operations and administration; and acquisition, capital construction and contract negotiations. This item is to approve Amendment No. 1, which will extend the contract from July 1, 2020 through June 30, 2022 and allocate funds in the not-to-exceed fiscal year annual amount of $291,060.00 for services, plus annual reimbursable expenses that are not to exceed a total of $10,000.00. Staff recommends approval. Respectfully submitted, ____________________________ M.J. MAYNARD Chief Executive Officer RTC Item #40 July 9, 2020 DC/md Consent DocuSign Envelope ID: A59EE4EC-B19D-4CB3-A0E8-4878CAF725A8 AMENDMENT NO. 1 AGREEMENT NO. 16-032 LEGAL AND CONSULTING SERVICES This AMENDMENT is made and entered into as of this 11th day of July, 2020, (“Effective Date”), by and between the REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA, (hereinafter referred to as “RTC”) and Thompson Coburn LLP, (hereinafter referred to as “ATTORNEY”) collectively referred to herein as the “PARTIES.” RECITALS WHEREAS, the PARTIES entered into Agreement No. 16-032 entitled “Legal and Consulting Services” (hereinafter referred to as “AGREEMENT”) dated October 8, 2015; and WHEREAS the PARTIES desire to amend the AGREEMENT in order to extend the term of the AGREEMENT for two years; and NOW THEREFORE, in mutual consideration of the mutual covenants, promises, terms and conditions herein, it is mutually agreed by the RTC and ATTORNEY to amend the AGREEMENT as follows: AGREEMENT The PARTIES, pursuant to Section V-Time of Performance Subsection 3 of the AGREEMENT, agree to amend and modify the AGREEMENT as follows: 1. SECTION V- TIME OF PERFORMANCE DELETE Sections 1 and 2 in their entirety. REPLACE WITH: This AGREEMENT will have a term commencing on October 8, 2015 and terminating on June 30, 2022 unless extended through mutual written agreement by both parties. 2. EXHIBIT B – FEE SCHEDULE DELETE the Exhibit in its entirety. REPLACE WITH: EXHIBIT B – FEE SCHEDULE (dated July 11, 2020) – Attached to the AMENDMENT All other provisions, covenants and conditions of the original AGREEMENT shall remain in full force and effect. Miscellaneous 3. Effect of this Amendment on the Agreement; Interpretation. The Parties acknowledge and agree that the Agreement has not been amended or modified in any respect, other than as set forth DocuSign Envelope ID: A59EE4EC-B19D-4CB3-A0E8-4878CAF725A8 Amendment No. 1 16-032 Legal and Consulting Services in Sections 1 and 2 above. This Amendment does not alter, amend, or otherwise modify the terms and conditions of the Agreement, all of which unmodified terms and conditions shall continue in full force and effect. 4. Dispute Resolution. If any dispute arises under this Amendment, then such dispute shall be resolved pursuant to the dispute resolution provisions contained in the Agreement. 5. Counterparts. This Amendment may be executed in multiple counterparts including .PDF, and each counterpart when fully executed and delivered shall constitute an original instrument, and all such multiple counterparts shall constitute but one and the same instrument. 6. Severability. If any term or provision of this Amendment shall be adjudicated invalid or unenforceable by a non-appealable order of an arbitrator or court of competent jurisdiction, then the remainder of this Amendment, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Amendment shall be valid and be enforced to the fullest extent permitted by law. 7. Conflicts. The terms of this Amendment shall control over any conflicts between the terms of the Agreement and the terms of this Amendment. 8. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 9. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Nevada. 10. No Party Deemed Drafter. The Parties agree no Party shall be deemed the drafter of this Amendment and in the event this Amendment is ever construed by an arbitrator or court of competent jurisdiction, such arbitrator or court shall not construe this Amendment or any provision hereof against any Party as the drafter thereof. Each Party to this Amendment acknowledges that it has contributed substantially and materially in the preparation and negotiation of this instrument. 11. Additional Actions and Documents. The Parties agree to take such additional actions and execute such additional documents as may be necessary or useful to carry out the transactions contemplated by this Amendment. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: A59EE4EC-B19D-4CB3-A0E8-4878CAF725A8 Amendment No. 1 16-032 Legal and Consulting Services IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT as of the Effective Date written above. THOMPSON COBURN LLP REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA By: ________________________________ By: ________________________________ ANTHONY A. ANDERSON LAWRENCE L. BROWN, III Partner Chairman APPROVED AS TO FORM: ATTEST: By: ________________________________ By: ________________________________ RTC LEGAL COUNSEL MARIN DUBOIS Management Analyst DocuSign Envelope ID: A59EE4EC-B19D-4CB3-A0E8-4878CAF725A8 Amendment No. 1 16-032 Legal and Consulting Services EXHIBIT B – FEE SCHEDULE (DATED JULY 11, 2020) RTC FISCAL YEARS 2021 AND 2022 2021 KENT WOODMAN $520 JANE SUTTER STARKE $510 ANTHONY ANDERSON $510 ASSOCIATES $350 2022 KENT WOODMAN $535 JANE SUTTER STARKE $525 ANTHONY ANDERSON $525 ASSOCIATES $365 COSTS THOMPSON COBURN WILL BE REIMBURSED FOR DIRECT COSTS AND EXPENSES INCURRED IN CONNECTION WITH THIS AGREEMENT, INCLUDING TRAVEL, TELEPHONE, MAIL, COPYING, PRINTING AND OTHER RELATED DIRECT EXPENSES FOR PERFORMANCE UNDER THIS AGREEMENT NOT TO EXCEED $10,000.00 PER YEAR PURSUANT TO SECTION IV, PARAGRAPH (L)(B) OF THIS AGREEMENT. DocuSign Envelope ID: D17F8613-95F9-4C37-AD4E-5B21B34348E5 REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA AGENDA ITEM Metropolitan Planning Organization [ ] Transit [X] Administration and Finance [ ] SUBJECT: APPROVE CONTRACT PETITIONER: M.J. MAYNARD, CHIEF EXECUTIVE OFFICER REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA RECOMMENDATION BY PETITIONER: THAT THE REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) APPROVE CONTRACT NO. 20-023F, COMMUNITY MOBILITY PROJECT – COMMUNITY OUTINGS AND WORK READINESS PROGRAM, TO OPPORTUNITY VILLAGE IN THE NOT-TO- EXCEED AMOUNT OF $294,100.00, PURSUANT TO NEVADA REVISED STATUTE 332.115.1 (R), FOR THE PERIOD FROM JULY 1, 2020 THROUGH JUNE 30, 2021, AND AUTHORIZE THE CHAIRMAN TO SIGN (FOR POSSIBLE ACTION) GOAL: SECURE FUNDING FOR EXPANSION, OPERATION AND MAINTENANCE OF SYSTEMS AND ROUTES FISCAL IMPACT: Funds in the amount of $294,100.00 are budgeted and available in Fiscal Year 2021 Transit Fund Budget. BACKGROUND: On June 1, 2020, the Regional Transportation Commission of Southern Nevada (RTC) requested and received an application for the Community Mobility Project from Opportunity Village to provide specialized paratransit transportation to clients who are Americans with Disability Act (ADA) certified through the RTC and reside within the RTC paratransit service area. Opportunity Village’s programs customize their transportation services to meet the training and employment needs of men and women with profound physical and intellectual disabilities. Nevada Revised Statute 332.115.1 (r) specifies that the RTC may award a contract to a nonprofit organization for training and employment of persons with mental or physical disabilities without complying with the requirements for competitive bidding. Staff recommends approval. Respectfully submitted, ______________________________ M.J. MAYNARD Chief Executive Officer RTC Item #41 July 9, 2020 tnb Consent DocuSign Envelope ID: D0037408-7244-4148-91C5-2AB2F861AEFE CONTRACT NO. 20-023F Between REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA and OPPORTUNITY VILLAGE ARC for COMMUNITY OUTINGS AND WORK READINESS PROGRAM DocuSign Envelope ID: D0037408-7244-4148-91C5-2AB2F861AEFE CONTRACT NO. 20-023F
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