TRANSMITTAL LETTER FOR BOARD MEETING OF APRIL 15, 2010
COMMITTEE ON PROCUREMENT
Mr. Richard Lanyon, Executive Director
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Authority to increase purchase order and amend the agreement with the law firm of Beveridge & Diamond, P.C. to represent the District in negotiations and probable litigation with the United States Environmental Protection Agency, in an amount of $250,000.00, from an amount of $1,250,000.00, to an amount not to exceed $1,500,000.00, Account 101-30000-601170, Purchase Order 3045395
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Dear Sir:
On May 17, 2007, the Board of Commissioners authorized the Director of Procurement and Materials Management to issue a purchase order and enter into an agreement with Beveridge & Diamond, P.C. for legal services, in an amount not to exceed $200,000.00. The contract has no expiration date.
As of April 1, 2010, the attached list of change orders has been approved. The effect of these change orders resulted in an increase in an amount of $1,050,000.00 from the original amount awarded of $200,000.00. The current contract value is $1,250,000.00. The prior approved change orders reflect a 525% increase to the original contract value.
The reason for the change order is that the discussions with the United States Environmental Protection Agency and Department of Justice, which have now expanded to include the Illinois Environmental Protection Agency and the Illinois Attorney General, have consumed a great deal more time and continued on for much longer than originally anticipated at the outset of this matter.
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 and amend the agreement in an amount of $250,000.00 (approximately 20% of the current contract value), from an amount of $1,250,000.00, to an amount not to exceed $1,500,000.00.
Funds are available in Account 101-30000-601170.
Requested, Frederick M. Feldman, General Counsel, FMF:RMH:jvs
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 April 15, 2010
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