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The Board of Water Commissioners for the City of Detroit, Water and Sewerage Department authorizes the Director to approve DWSD Amendment No. 4 to Contract No. 6000680 (LS-1750) to add $150,000 in funding, for a total amended contract not-to-exceed amount of $500,000 for “Legal Services for United House of Prayer V City of Detroit, Wayne County Circuit Court Case No. 15-009083-CZ” with Miller, Canfield, Paddock & Stone, P.L.C. This also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
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Agenda of August 18, 2021
Item No. 21-0565
Proposed Amendment 4
Contract No. 6000680 (LS-1750)
Contractor: Miller, Canfield, Paddock & Stone, P.L.C.
Current Contract Amount: $350,000
Proposed Amendment No. 4 Amount: $150,000
Proposed Total Contract Amount: $500,000
Initial Term: 8/3/15 and continues until satisfactory completion of services
TO: The Honorable
Board of Water Commissioners
City of Detroit, Michigan
FROM: Gary Brown, Director
Detroit Water and Sewerage Department
RE: Proposed Amendment No. 4 to DWSD Contract No. 6000680 (LS-1750)
“United House of Prayer V City of Detroit, Wayne County Circuit Court Case No. 15-009083-CZ” (LS-1750)
MOTION
Upon recommendation of Mamata Burgi, Operations Resource Manager, the Board of Water Commissioners for the City of Detroit, Water and Sewerage Department authorizes the Director to approve DWSD Amendment No. 4 to Contract No. 6000680 (LS-1750) to add $150,000 in funding, for a total amended contract not-to-exceed amount of $500,000 for “Legal Services for United House of Prayer V City of Detroit, Wayne County Circuit Court Case No. 15-009083-CZ” with Miller, Canfield, Paddock & Stone, P.L.C. This also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND / JUSTIFICATION
The Detroit Water and Sewerage Department (DWSD) entered into a contract with Miller, Canfield, Paddock & Stone, P.L.C. to provide legal representation, consultation and advice to DWSD in connection with pending litigation with the United House of Prayer V City of Detroit, Wayne County Circuit Court Case No. 15-009083-CZ.
PROCUREMENT METHOD
The DWSD Director approved the award of the initial contract with Miller, Canfield, Paddock & Stone, P.L.C. in the amount of $100,000 on 10/14/15. Competitive solicitation was not required per item 6 under Judge Cox Order Case No. 77-71100.
Amendment No. 1 to add $150,000 was approved by the DWSD Director in May 2019.
Amendment No. 2 to add $50,000 was approved by the BOWC on 9/18/19.
Amendment No. 3 to add $50,000 was approved by the BOWC on 12/18/19.
Based on the information from Req#489479 (approved on 7/12/21), the DWSD General Counsel Division is requesting an additional $50,000 in funding, for a total amended contract amount of $400,000 for continued legal services relating to the litigation with the United House of Prayer V City of Detroit, Wayne County Circuit Court Case No. 15-009083-CZ.
Clearances are in review and so, the BOWC’s approval will be contingent upon clearances being approved. DWSD Procurement will issue the PO only after the clearances are approved.
SUMMARY:
A. Contract No.: 6000680 (LS-1750)
B. Contractor: Miller, Canfield, Paddock & Stone, P.L.C.
C. Initial Term: 8/3/15 until satisfactory completion of services
D. Initial Contract Amount: $100,000
E. Amendment No. 1 Amount: $150,000
F. Amendment No. 2 Amount: $ 50,000
G. Amendment No. 3 Amount: $ 50,000
H. Proposed Amendment No. 4 Amount: $ 150,000
H. Proposed New Total Contract Amount: $500,000
I. Funding Source: O&M Funds
J. GL String(s):
5720-20168-483101-613100-000204-10790-0000-000000 - 30%
5820-20179-493101-613100-000225-15805-0000-000000 - 70%
This amendment was presented to the DWSD Finance Committee on August 4, 2021. Per DWSD procurement protocol, no other approvals are required.