TRANSMITTAL LETTER FOR BOARD MEETING OF APRIL 18, 2019
COMMITTEE ON PROCUREMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authorization to ratify the action of the Executive Director of April 11, 2019, issuing a purchase order and entering into an agreement with the law firm of Pugh, Jones & Johnson, P.C., for legal services in connection with an employment matter, in an amount not to exceed $35,000.00, Account 101-25000-612430, Requisition 1519461
Body
Dear Sir:
On April 11, 2019, the Executive Director authorized the Director of Procurement & Materials Management to issue a purchase order and enter into an agreement with the law firm of Pugh, Jones & Johnson, P.C., for legal services in connection with an employment matter, in an amount not to exceed $35,000.00.
The District requested proposals from three law firms possessing the expertise to provide the requested legal services. The firms were interviewed by an evaluation committee comprised of staff from the Human Resources, Law, and Procurement & Materials Management Departments. Based on evaluation criteria, including the firms’ legal expertise, project specific experience, resources, and cost proposals, composite evaluation scores were calculated from the committee’s individual evaluations. The law firm of Pugh, Jones & Johnson, P.C., received the highest composite score from the evaluation committee. Mr. Stephen Pugh and Mr. Jorge Cazares, both Directors of the firm, would handle this matter for the District. Both Mr. Pugh and Mr. Cazares have extensive relevant experience in employment law and litigation. The firm has agreed to an average hourly rate of $325.00, which is the firm’s reduced fee for governmental clients.
Although discounted rates were sought, all three firms proposed hourly rates higher than than the hourly rate of $250.00 that the Board of Commissioners has established as a cap on hourly fee rates paid to outside legal counsel. Pursuant to the Board’s policy, because the District is not able to retain the expertise needed at the established cap amount, the Board’s approval is requested for an exception in order to pay a higher hourly rate for this specialized legal work.
Inasmuch as the law firm of Pugh, Jones & Johnson, P.C., possesses a high degree of professional skill, it is recommended that the Board of Commissioners ratify and approve the action of the Executive Director of April 11, 2019, authorizing the Director of Procurement and Materials Management to issue a purchase order and enter into an agreement with Pugh, Jones & Johnson, P.C., without competitive bidding, in accordance with Section 11.4 of the Purchasing Act, in an amount not to exceed $35,000.00.
Funds are available in Account 101-25000-612430.
Requested, Susan T. Morakalis, General Counsel, and Beverly K. Sanders, Director of Human Resources, STM:BKS:LAG
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 18, 2019