Title
Resolution to Approve Amendment Number 1 to the Legal Services Agreement with Kaplan Kirsch, LLP For Legal Services (Airport Runway Project Litigation) (Amendment $75,000.00; Total $150,000.00)
Memorandum
Attached for your review and approval is a resolution to approve Amendment Number 1 to the legal services agreement with Kaplan Kirsch, LLP in the amount of $75,000.00 for additional legal services relative to the City’s airport litigation, making the total amount for the agreement $150,000.00.
In connection with the 6/24 airport runway safety extension project initially authorized in 2009, the City completed its environmental assessment and based thereon in October 2023 the Federal Aviation Administration (FAA) and Michigan Department of Transportation (Aeronautics) (MDOT) issued a Finding of No Significant Impact and Record of Decision (FONSI/ROD) documenting their determination that the project would not have significant impacts.
On December 15, 2023 Pittsfield Charter Township, Michigan and Committee for Preserving Community Quality, Inc. filed a petition for review of the FONSI/ROD in the United States Circuit Court of Appeals for the District of Columbia (DC Circuit litigation) which remains pending.
In August 2024, the petitioners in the DC Circuit litigation also filed a separate lawsuit in the United States District Court for the Eastern District of Michigan (USDC litigation) against MDOT, its director, and the City alleging numerous violations of federal and state law and seeking declaratory and injunctive relief to stop the project. FAA is not a party to the USDC lawsuit. The USDC litigation has been stayed by stipulation of the parties pending the outcome of the DC Circuit litigation.
The City immediately engaged specialized outside legal counsel, Kaplan Kirsch, LLP, who had assisted the City previously on airport litigation, to assist with the DC Circuit and USDC litigation and entered into a legal services agreement for an amount not to exceed $75,000.00. Since then, Kaplan Kirsch, LLP has assisted the City in these matters and the initial contract amount is nearly exhausted.
The DC Circuit and USDC litigation are ongoing and require additional legal services, and the City Attorney’s Office requests approval of Amendment Number 1 for an additional $75,000.00 for additional legal services for airport litigation and related issues. If approved, the total contact amount would be $150,000.00.
Budget/Fiscal Impact: Funding for the legal services provided through this agreement is available in the approved Airport Fund operations and maintenance budget.
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Reviewed by: Atleen Kaur, City Attorney
Reviewed by: Carl Konopaska, Airport Manager
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, Litigation relating to the City’s 6/24 airport runway safety extension project remains ongoing, and the City has a need for additional specialized legal services;
Whereas, The City engaged Kaplan Kirsch, LLP to provide specialized legal services relating to the DC Circuit and USDC litigation, and the initial authorized contract amount is nearing exhaustion;
Whereas, The City Attorney’s Office recommends approving Amendment Number 1 to the legal services agreement with Kaplan Kirsch, LLP to ensure the City can continue to respond to the ongoing airport litigation; and
Whereas, Kaplan Kirsch, LLP complies with the City of Ann Arbor’s Non-Discrimination and Living Wage Ordinances;
RESOLVED, That City Council approve Amendment Number 1 to the Agreement Between the City of Ann Arbor and Kaplan Kirsch LLP in the amount of $75,000.00 for legal services relating to the DC Circuit litigation and USDC litigation in connection with the City’s airport;
RESOLVED, That the funding for these legal services shall remain available without regard to fiscal year;
RESOLVED, That the Mayor and City Clerk be authorized to execute the amendment subject to approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator be authorized to take any necessary administrative actions to implement this resolution.