TRANSMITTAL LETTER FOR BOARD MEETING OF JANUARY 19, 2012
COMMITTEE ON PROCUREMENT
Mr. David St. Pierre, Executive Director
Title
Authority to increase purchase order and amend the agreement with the law firm of Beveridge & Diamond, P.C. to represent the District in connection with Natural Resources Defense Council, Inc. et al. v. Metropolitan Water Reclamation District of Greater Chicago, Case No. 11-CV-2937, in an amount of $450,000.00, from an amount of $400,000.00, to an amount not to exceed $850,000.00, Account 101-30000-601170, Purchase Order 3069593
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Dear Sir:
On June 16, 2011, 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 $350,000.00. The contract has no expiration date.
This purchase order has one prior change order approved on December 15, 2011. The effect of the change order resulted in an increase in an amount of $50,000.00 from the original amount awarded of $350,000.00. The current contract value is $400,000.00. The prior approved change order reflects a 14% increase in the original contract value.
The reason for the change order is unanticipated issues that have arisen in the discovery and motion practice phase of this complex, multi-party environmental litigation. The District is requesting authority to execute an amendment to the contract, which would increase the amount of the monthly capped fee from the current amount of $50,000.00 to $75,000.00 per month.
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 $450,000.00 (approximately 112.5% of the current contract value) from an amount of $400,000.00 to an amount not to exceed $850,000.00.
Funds are available in Account 101-30000-601170.
Requested, Ronald M. Hill, General Counsel, RMH:LLD: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 January 19, 2012
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