Detroit Water and Sewerage Department
File #: 21-0604    Version: 1 Name:
Type: Contract Status: Passed
In control: Financial Services
On agenda: 9/15/2021 Final action: 9/15/2021
Title: The Board of Water Commissioners for the City of Detroit Water Sewerage Department approves DWSD Contract No. 6003769 (LS-1906) with Bush Seyferth, PLLC for Legal Services for Representation in Litigation Related to the June and July 2021 Rain Events, in the amount of $500,000 for a term of two (2) years. This authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
Indexes: Board of Water Commissioners, Finance Committee
Title
The Board of Water Commissioners for the City of Detroit Water Sewerage Department approves DWSD Contract No. 6003769 (LS-1906) with Bush Seyferth, PLLC for Legal Services for Representation in Litigation Related to the June and July 2021 Rain Events, in the amount of $500,000 for a term of two (2) years. This authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.

Body
Agenda of September 1, 2021
Item No. 21-0604
Contract No: 6003769 (LS-1906)
Contractor: Bush Seyferth, PLLC
Address: 100 W Big Beaver Road, Suite 400, Troy, MI 48084
Contract Amount: $500,000
Contract Term: 8/15/21 - 8/14/23 (2 years)


TO: The Honorable
Board of Water Commissioners
City of Detroit, Michigan

FROM: Gary Brown, Director
Water and Sewerage Department

RE: Legal Representation for Litigation Related to the June 25th & 26th and
July 2021 Rain Events
Bush Seyferth, PLLC

MOTION

Upon recommendation of General Counsel, Debra N. Pospiech, Esq. the Board of Water Commissioners for the City of Detroit Water and Sewerage Department approves DWSD Contract No. 6003769 (LS-1906) with Bush Seyferth, PLLC for Legal Services for Representation in Litigation Related to the June and July 2021 Rain Events, in the amount of $500,000 for a term of two (2) years. This authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.


BACKGROUND / JUSTIFICATION

The historic rainfalls of June 25 and 26th 2021 contributed to a substantial amount of flooding and sewage backups in the City of Detroit and surrounding suburbs. On July 16th another rain event occurred that caused flooding and backups in a smaller section of the City. Under the Governmental Liability for Negligence Act (Act 170 of 1964), a governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system unless:

1. The sewage disposal system had a defect.

2. The governmental agenc...

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