8.G.
City Council Meeting - FINAL (AMENDED)
- Meeting Date:
- 03/17/2020
- From:
- Sterling Solomon, City Attorney
Information
TITLE:
Consideration and Approval of Amendment to Contract: Amendment to Contract for Legal Services (on-call) with Dickinson Wright, PLLC.
STAFF RECOMMENDED ACTION:
Approve amendment for price adjustment to contract for on-call legal services with the law firm Dickinson Wright, PLLC.
Executive Summary:
In 2015, the City issued a Request for Proposals (RFP) for on-call legal services to be provided by outside legal counsel. One of the law firms that responded and is now under contract for such on-call services is Dickinson Wright, PLLC. The hourly rate at which Dickinson Wright, PLLC provides legal services to the City is on a tiered scale, based on experience. For example, partners and senior attorneys at the law firm charge a higher hourly rate than associates or paralegals, as is customary with all law firms.
Pursuant to Section 5 of the agreement, Dickinson Wright, PLLC may request an adjustment to their hourly rate (Price Adjustment). On February 21, 2020, Dickinson Wright requested a Price Adjustment for the remainder of the contract which expires later this year (November). The contact, under an extension, is almost five years old. The amount requested is not excessive and well within the discounted hourly rates currently customary in the industry. Staff believes that the new proposed hourly rates are reasonable. As an example, this law firm requesting the Price Adjustment typically charges approximately $550.00 per hour for litigation work by partners at the firm.
The hourly rates at which Dickinson Wright currently provides legal services to the City are as follows:
If approved by Council the new hourly rates, as requested, would be as follows:
Staff recommends approval of the Price Adjustment to the contract accordingly.
By way of additional information, staff is currently in the process of issuing a new RFP for on-call legal service contracts, as is typical every five years. New on-call contracts will be coming before the Council sometime later this year. It is anticipated that Dickinson Wright, PLLC will be one of the respondents to that forthcoming RFP, but that would be a separate matter for a future agenda.
Pursuant to Section 5 of the agreement, Dickinson Wright, PLLC may request an adjustment to their hourly rate (Price Adjustment). On February 21, 2020, Dickinson Wright requested a Price Adjustment for the remainder of the contract which expires later this year (November). The contact, under an extension, is almost five years old. The amount requested is not excessive and well within the discounted hourly rates currently customary in the industry. Staff believes that the new proposed hourly rates are reasonable. As an example, this law firm requesting the Price Adjustment typically charges approximately $550.00 per hour for litigation work by partners at the firm.
The hourly rates at which Dickinson Wright currently provides legal services to the City are as follows:
| Partners & Senior Attorneys (Non-Litigation) | $240.00 / Per Hour |
| Partner & Senior Attorneys (Litigation & Arbitration) | $290.00 / Per Hour |
| Associates | $200.00 / Per Hour |
| Paralegals | $100.00 / Per Hour |
If approved by Council the new hourly rates, as requested, would be as follows:
| Partners & Senior Attorneys (Non-Litigation) | $325.00 / Per Hour |
| Partner & Senior Attorneys (Litigation & Arbitration) | $350.00 / Per Hour |
| Associates | $260.00 / Per Hour |
| Paralegals | $150.00 / Per Hour |
Staff recommends approval of the Price Adjustment to the contract accordingly.
By way of additional information, staff is currently in the process of issuing a new RFP for on-call legal service contracts, as is typical every five years. New on-call contracts will be coming before the Council sometime later this year. It is anticipated that Dickinson Wright, PLLC will be one of the respondents to that forthcoming RFP, but that would be a separate matter for a future agenda.
Financial Impact:
Please see the Executive Summary above.
Policy Impact:
Maintaining well-qualified outside legal counsel to provide legal services on an on-call basis is a high priority for the implementation and defense of City policies and continued compliance with federal and state laws and regulations.
Connection to Council Goal, Regional Plan, CAAP, and/or Strategic Plan:
Having outside legal counsel on call allows City Council and staff to better achieve all of the Council's goals and maintain forward the objectives of the Regional Plan, the CAAP and the Strategic Plan.
Has There Been Previous Council Decision on This:
On June 16, 2015, the City Council approved the on-call contract with Dickinson Wright, PLLC.