Page images
PDF
EPUB
[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

22.

CONTRACTING OFFICER WILL COMPLETE BLOCK

CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign
copies to issuing office.) Contractor agrees

this document and return
to furnish and deliver all items or perform all the services set forth ur otherwise
identified above and on any continuction sheets for the consideration stated herom.
The rights and obligations of the parties to this contract shall be subject to and gav
wned by the following ducumerda: ju) tha umurd/contract, (b) the solicitation, if any,
and (c) such provisions, representations, certifications, and specifications, as are
attached or incorporated by reference herein. (Attachments are listed herein.)

23. NAME OF CONTRACTOR

26.

OR

Total amount of Contract thru
June 30, 1975.

TOTAL AMOUNT OF CONTRACT

$200,000.00. 200,

AS APPLICABLE AWARD (Contractor is not required to sig, this document.) Your offer on Solicitation Number Including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award/enntract. Mo further contractual document is necessary

27 United States Railway Association

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

SCHEDULE

Contract USRA-C-50122
Page 2 of 7

ARTICLE I - Background

The Regional Rail Reorganization Act of 1973 (Public Law 93-236, Title II) (the "Act") establishes the United States Railway Association ("USRA") and prescribes its powers and duties. Legal services will be required in connection with the performance by USRA of its functions under that Act. The USRA General Counsel is responsible for providing those services directly, with USRA's legal staff and through the employment of outside counsel. This effort must be carefully coordinated and administered to ensure the most efficient use of available resources and to avoid duplication of effort. It is the purpose of this. contract to delineate the role of Wilmer, Cutler & Pickering (WC & P) in that effort; to provide the means for coordinating that effort with those of the others providing legal services to USRA; and to specify the terms under which WC & P will perform those services.

[blocks in formation]

(a) General - During the period of performance of this contract, WC & P shall provide such legal services, support and representation necessary to carry out the tasks assigned to them within the general areas of their responsibility, as may be defined under the procedures specified in paragraph (c) below.

(b) General Areas of Responsibility The general areas of WC & P responsibilities shall be those delineated by the USRA General Counsel in a memorandum dated February 18, 1975, and a letter to Hogan & Hartson and WC & P, dated February 20, 1975, both attached to and made a part of this contract. Services in these general areas rendered between the contract's effective date and April 30, 1975, are compensible under this contract.

(c) Task Assignments The provision of legal services under this contract after May 31, 1975, shall be further delineated through task assignments. No task requiring more than 25 hours of professional services shall be performed after that date unless approved in advance in a written task assignment. Each written assignment task shall include a brief, but definitive, description of the legal service to be performed and estimates of the total professional hours and the cost and time required to complete it.

Contract USRA-C-50122
Page 3 of 7

No such estimate shall be exceeded by more than 20% without a written task assignment amendment, approved in advance. In the case of tasks requiring no more than 25 hours of professional services, or in the case of the first 25 hours of any task, the assignment may be made or ratified orally by the USRA General Counsel or an Assistant General Counsel.

Task Assignments and task assignment amendments shall be issued or approved by the USRA General Counsel after consultation with WC & P. Authority to issue or approve such task assignments and amendments may be delegated by the General Counsel to an Assistant General Counsel, by written notice to WC & P.

(d) Reports WC & P shall submit semi-monthly reports, showing hours of professional service provided during the period to which it relates, by name, professional level, and task assignment. These reports shall be made, as of the 15th and 31st of each month. At the end of each month WC & P shall submit a billing summarizing the services provided in a form and the manner acceptable to the USRA General Counsel.

ARTICLE III - Period of Performance

This contract shall commence December 1, 1974 and shall continue in effect until expiration of USRA's need for the services of WC & P in the general areas of their responsibility.

ARTICLE IV - Conflicts

WC & P represent that (1) its interests do not materially conflict with those of USRA, (2) it does not represent any client with respect to any matter materially in conflict with USRA, and (3) it shall not, during the period of this contract, engage in representation which so conflicts.

[blocks in formation]

This is a contract for professional services providing for payment of labor hours and expenses. WC & P shall be paid at the rate of $15.00 per hour for paralegal staff members, $60.00 per hour for associates and $90.00 per hour for partners. WC & P shall provide 30 days advance notice of any change in billing rates resulting from the

Contract USRA-C-50122
Page 4 of 7

elevation to partnership of any associate substantially involved in providing services under this contract. The rates include the charge for necessary administrative and regular secretarial time and normal office overhead expenses and supplies, for which no direct charges will be made. The rates provided herein, which are based on the rate structures for lawyers' services approved by the various reorganization courts, shall remain firm through December 31,1975.

On or after January 1, 1976, and at reasonable intervals thereafter, if there has been a general increase in the relevant rates approved by reorganization courts, the Contracting Officer shall, if so requested in writing by WC & P, reconsider the hourly rates under this contract. The Contracting Officer shall equitably adjust the rates, but only to the extent that an increase to those approved by the courts will result in charges not in excess of charges that would obtain if WC & P were to bill USRA on the basis of their then current, actual rates customarily charged to their commercial clients. Direct expense items such as local transportation, messenger service, postage, telephone and telegraph, printing, photocopying and duplicating, overtime (for personnel other than lawyers) and travel shall be listed on invoices as separate charges at actual direct cost. It is understood and agreed that in connection with the foregoing all photocopy shall be billed at $.10 per copy to reflect direct cost and related overhead. WC & P shall use, where scheduling permits, the xerox facilities of USRA for duplicating work under this contract when substantial quantities are required.

ARTICLE VI - Incremental Funding; Limitation of Costs

This contract will be incrementally funded. In no event shall the
Association's liability under this contract exceed the amount set
forth in Box #14 on page 1 of this contract, as it may be increased
from time to time by written notice to WC & P from the Contracting
Officer who executed this agreement on behalf of USRA or a party
designated by USRA to act as the Contracting Officer ("Contracting
Officer"). WC & P shall notify the Contracting Officer whenever
the funds specified in Box #14, page 1, as it may be increased, will
not be sufficient to compensate them for services rendered and to be
rendered, and expenses incurred and to be incurred within the next
15 days. WC & P shall have the right to suspend the performance of
any services or the incurring of any expenses for which funding has
not been provided in advance.

« PreviousContinue »