City of Columbus - File #: 0880-2011

• File #: 0880-2011
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/1/2011
• In control: Public Utilities Committee
• On agenda: 6/6/2011
• Final action: 6/8/2011
• Title: To authorize and direct the City Attorney to modify an existing contract for special legal counsel with Bricker and Eckler, LLP, for the case of CD Gaming Ventures, LLC v. City of Columbus, et al., currently pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of $175,000.00 from the Sewerage System Operating Fund; $175,000.00 from the Water Operating Fund and to declare an emergency. ($350,000.00)

Date	Ver.	Action By	Action	Result
6/8/2011	1	CITY CLERK	Attest
6/7/2011	1	MAYOR	Signed
6/6/2011	1	FINANCE DIRECTOR	Reviewed and Approved
6/6/2011	1	Utilities Drafter	Sent for Approval
6/6/2011	1	Auditor Reviewer	Reviewed and Approved
6/6/2011	1	CITY AUDITOR	Reviewed and Approved
6/6/2011	1	Utilities Reviewer	Sent for Approval
6/6/2011	1	CITY ATTORNEY	Reviewed and Approved
6/6/2011	1	Utilities Reviewer	Sent to Clerk's Office for Council
6/6/2011	1	Columbus City Council	Approved	Pass
6/6/2011	1	COUNCIL PRESIDENT	Signed
6/3/2011	1	Utilities Reviewer	Sent for Approval
6/3/2011	1	Finance Reviewer	Reviewed and Approved
6/3/2011	1	Finance Reviewer	Reviewed and Approved
6/2/2011	1	EBOCO Reviewer	Sent for Approval
6/2/2011	1	ODI DIRECTOR	Reviewed and Approved
6/1/2011	1	Utilities Drafter	Sent for Approval
6/1/2011	1	Utilities Reviewer	Sent for Approval
6/1/2011	1	UTILITIES DIRECTOR	Reviewed and Approved
6/1/2011	1	Utilities Reviewer	Sent for Approval

Explanation

BACKGROUND:  On March 31, 2011, CD Gaming Ventures, LLC filed a Motion for Preliminary Injunction in the case of CD Gaming Ventures, LLC v. City of Columbus, et al., in which it sought an order from the Court compelling the City to provide sewer and water services to the site of the proposed casino facility currently located in Franklin Township. On April 22, 2011, the Court ordered both parties to proceed with expedited discovery, which would result in a compressed period of intensive discovery.  With the substantial interests of the City involved and the complexity and volume of legal work required within a short period of time, there was an immediate need for the assistance of special legal counsel.  The City Attorney solicited informal proposals from three law firms capable of meeting those immediate needs. After evaluating those proposals and interviewing attorneys representing the three law firms, the City Attorney found that Bricker and Eckler, LLP, would be best able to represent the City in this matter, and a contract was entered into.  Substantial work has been performed since that time, necessitating this modification for services performed through May 31, 2011.

FISCAL IMPACT:  This contract modification will be funded by the Department of Public Utilities.  The amount of this contract modification is $350,000.00.

COMPANY: Bricker and Eckler LLP (31-4359739) Expires 1-31-13 (MAJ)

Title

To authorize and direct the City Attorney to modify an existing contract for special legal counsel with Bricker and Eckler, LLP, for the case of CD Gaming Ventures, LLC v. City of Columbus, et al., currently pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of $175,000.00 from the Sewerage System Operating Fund; $175,000.00 from the Water Operating Fund and to declare an emergency.  ($350,000.00)

Body

WHEREAS, the City Attorney has a need for special legal services with regard to the case of CD Gaming Ventures, LLC v. City of Columbus, et al., currently pending in the United States District Court for the Southern District of Ohio, Case No. 2:11-cv-216; and

WHEREAS, the City Attorney solicited informal proposals from three law firms capable of providing the immediate services needed; and

WHEREAS, after evaluating those proposals and interviewing attorneys representing the three law firms, the City Attorney found that Bricker and Eckler LLP was best able to represent the City in this matter; and

WHEREAS, the City Attorney and Bricker and Eckler LLP entered into a contract for special legal counsel on May 4, 2011 to provide legal advice and other legal services to the City Attorney and the Department of Public Utilities with regard to litigation matters pertaining to the litigation; and

WHEREAS, this modification will provide for legal services through May 31, 2011, and

WHEREAS, the City has determined that additional funds are needed in order for the Contractor to perform the services agreed to in the original agreement between the parties; and

WHEREAS, the City has determined that an additional $350,000.00 should be sufficient to cover said services by the Contractor which includes invoices for services already rendered by the Contractor; and

WHEREAS, it is in the best interest of both parties to modify said contract; and

WHEREAS, an emergency exists in the usual daily operation of the City Attorney's Office in that it is necessary to authorize the City Attorney to modify the contract with Bricker and Eckler LLP at the earliest time possible to facilitate payment of unpaid legal bills; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the City Attorney is hereby authorized and directed to modify the contract with Bricker and Eckler LLP for special legal counsel to provide special legal services to the City Attorney and the Department of Public Utilities with regard to the case of CD Gaming Ventures, LLC v. City of Columbus, et al., currently pending in the United States District Court for the Southern District of Ohio, Case No. 2:11-cv-216.  

Section 2. That for the purposes stated in Section 1, an amount not to exceed $350,000.00 is authorized to be expended as follows:

Fund 650

OCA: 600049

Object Level 1: 03

Object Level 3: 3324

Amount: $175,000.00

Fund 600

OCA: 600056

Object Level 1: 03

Object Level 3: 3324

Amount: $175,000.00

Section 3.  That for the reasons stated in the preamble hereto which are hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and immediately after its passage and signature by the Mayor, or within 10 days thereafter if the Mayor neither signs nor vetoes the same.