Title
Resolution to Approve the First Amendment to the Legal Services Agreement with Dykema Gossett, P.L.L.C. Relative to the Jennifer Alexa, Jeff Malone, and Tim Rugg v. City of Ann Arbor Litigation and Appropriate Funds ($350,000.00) (8 Votes Required)
Memorandum
The City is a defendant in pending litigation in the United States District Court for the Eastern District of Michigan, docketed as Jennifer Alexa, Jeff Malone, and Tim Rugg v. City of Ann Arbor, Case No. 22-13073 ("the Alexa et al. v. City of Ann Arbor Litigation"). The City Attorney's Office selected the law firm of Dykema Gossett, P.L.L.C. ("Dykema") to provide specialized litigation services in this case. This selection was based on the firm's expertise with the specialized legal issues and proven experience in defending similar cases.
Since the original Legal Services Agreement with Dykema was approved by City Council, via R-25-010, there has been significant litigation activity and associated legal services by Dykema, including discovery and motion practice, requiring an increase in the total amount of the fee authorized for this Legal Services Agreement.
The City Attorney's Office recommends and requests City Council approval of an increase to this Legal Services Agreement in the amount of $350,000.00 for a total "not to exceed" amount for the Agreement of $650,000.00 to allow the City to continue its defense of this litigation with the assistance of Dykema. Dykema complies with the City of Ann Arbor's Non-Discrimination and Living Wage Ordinances.
Budget/Fiscal Impact: It is being requested that funding be appropriated from the General Fund fund balance ($338,333.00) and the Construction Fund fund balance ($11,667.00) for the cost of this contract increase.
Staff
Prepared by: Jennifer Richards, Senior Assistant City Attorney
Reviewed by: Atleen Kaur, City Attorney
Approved by: Milton Dohoney Jr, City Administrator
Body
Whereas, The City has retained Dykema Gossett, P.L.L.C. to assist t...
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