TRANSMITTAL LETTER FOR BOARD MEETING OF MARCH 7, 2013
COMMITTEE ON PROCUREMENT
Mr. David St. Pierre, Executive Director
Title
Authority to increase purchase order and amend the agreement with Smithamundsen LLC, for legal services in the matter of Gaweda, et al. v. MWRDGC, Case No. 10 CH 52264, in an amount of $35,000.00, from an amount of $177,500.00, to an amount not to exceed $212,500.00, Account 101-11000-601170, Purchase Order 3066424
Body
Dear Sir:
Authorization is requested to increase purchase order and amend the agreement with Smithamundsen LLC, for legal services in the matter of Gaweda, et al. v. MWRDGC, Case No. 10 CH 52264. On December 9, 2010, a Class Action Complaint and a Motion for Temporary Restraining Order were filed against the District in the Circuit Court of Cook County. Because immediate action was required, the Board of Commissioners retained the services of Smithamundsen LLC to represent the District. Authorization is requested to increase the purchase order so that Smithamundsen LLC can defend the District in the litigation. The plaintiffs are employees challenging the elimination of termination pay and sick leave incentive pay (both annually and at separation). Outside counsel is needed because the District's attorneys have a conflict of interest in the subject matter of the litigation.
As of February 22, 2013, the attached list of change orders has been approved. The effect of these change orders resulted in an increase in an amount of $168,500.00 from the original amount awarded of $9,000.00. The current contract value is $177,500.00. The prior approved change orders reflect a 1872% increase to the original contract value.
This change order is necessary due to the nature of litigation.
This change order is in compliance with the Illinois Criminal Code because the change is germane to the original agreement as signed and due to circumstances not reasonably foreseeable at the time the contract was signed, and is in the best interest of the District.
It is hereby recommended that the Board of Commissioners authorize the Director of Procurement and Materials Management to execute a change order to increase the purchase order for the agreement in an amount of $35,000.00 (approximately 19.7 percent of the current contract value) from an amount of $177,500.00, to an amount not to exceed $212,500.00.
Funds are available in Account 101-11000-601170.
Requested, Mary Ann Boyle, Treasurer; MB:TN
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Barbara J. McGowan, 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 March 7, 2013
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