TRANSMITTAL LETTER FOR BOARD MEETING OF APRIL 4, 2024
COMMITTEE ON PROCUREMENT
Mr. Brian A. Perkovich, Executive Director
Title
Issue purchase order and enter into an agreement with the law firm of Hinshaw & Culbertson LLP to represent the District before the Civil Service Board and any related litigation, in an amount not to exceed $90,000.00. Account 101-30000-612430, Requisition 1616900
Body
Dear Sir,
Authorization is requested to issue a purchase order and enter into an agreement with the law firm of Hinshaw & Culbertson LLP to represent the District in discharge proceedings before the Civil Service Board and any related litigation in an amount not to exceed $90,000.00.
The District solicited three law firms possessing the expertise to provide the requested legal services for a similar employment case. These services include preparing witnesses and exhibits in support of the District’s case as in chief at the discharge hearings, preparing witness examinations at the hearings, closing arguments, and representing the District in any related actions.
Two firms were interviewed by an evaluation committee comprised of staff from the Law and Procurement and Materials Management Departments. Based on the evaluation criteria, including the firms’ professional qualifications, resources and experience with similar employment litigation, the evaluation committee calculated a composite evaluation score from their individual evaluations.
As a result, the law firm of Hinshaw & Culbertson LLP received the highest composite score from the evaluation committee. Tom H. Luetkemeyer, who would serve as lead attorney on this matter, is a well-known and respected attorney in the field of labor and employment law, government procurement practices, and has extensive experience representing units of government in employment litigation. Therefore, the District would recommend that Hinshaw & Culbertson LLP to represent the District in discharge proceedings before the Civil Service Board and any related litigation.
Mr. Luetkemeyer’s normal hourly rate is $550.00, but Hinshaw & Culbertson LLP has agreed to an hourly rate of $395.00 per hour for Mr. Luetkemeyer’s services in this matter and a rate of $250 per hour for any work performed by attorneys serving as second chair. As a result, an exception to the Board’s $250.00 hourly rate cap policy for outside legal services, adopted on March 15, 2018 is recommended.
In view of the foregoing, it is requested that the Director of Procurement and Materials Management be authorized to issue a purchase order and enter into an agreement with the law firm of Hinshaw & Culbertson LLP to represent the District before the Civil Service Board and any related litigation, in an amount not to exceed $90,000.00.
As the law firm of Hinshaw & Culbertson LLP possesses a high degree of professional experience and skill, such action may be taken without advertising in accordance with Section 11.4 of the District’s Purchasing Act.
Funds for the 2024 expenditure in the amount of $90,000.00 are available in Account 101-30000-612430.
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Marcelino Garcia, Chairman Committee on Procurement
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for April 4, 2024