TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 18, 2023
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 in Civil Service Board Case No. 23-03, MWRD v. Regina Berry and any related litigation, in an amount not to exceed $90,000.00. Account 101-30000-612430, Requisition 1600082
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 a discharge proceeding before the Civil Service Board against Regina Berry, Diversity Administrator, 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. These services include preparing witnesses and exhibits in support of the District’s case in chief at the discharge hearing, preparing witness examinations at the hearing, 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.
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 and has extensive experience representing units of government in employment 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 in Civil Service Board Case No. 23-03, MWRD v. Regina Berry 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 2023 expenditure in the amount of $50,000.00 are available in Account 101-30000-612430. The estimated expenditure for 2024 is $40,000.00. Funds for 2024 expenditure are contingent on the Board of Commissioners’ approval of the District’s budget for that year.
Requested, Susan T. Morakalis, General Counsel, STM:JBM:jb
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 May 18, 2023