Broken Arrow City Council
Meeting of: 05-19-2026
Title:
title
Approval of and authorization to execute a Professional Services Agreement with Best & Sharp, for providing counsel and legal advice regarding Civil Rights law and approval of a Conflict of Interest Waiver
End
Background:
Best & Sharp is a well-respected law firm with vast knowledge and experience involving Civil Rights § 1983 actions. The City Attorney is recommending retention of this firm due to the firm’s expertise in Civil Rights litigation.
Currently, the City has pending lawsuits in the U.S. District Court for the Northern District of Oklahoma, U.S. District Court for the Eastern District of Oklahoma, and the U.S. Court of Appeals for the 10th Circuit including:
The City of Broken Arrow and Officer Jonathan Seagraves, Merrill v COBA et al, CIV-22-07-RAW;
The City of Broken Arrow, Richard McMahon v. COBA et al., 25-CV-00207-JFJ;
The City of Broken Arrow, Officer Reynolds and Officer Drain, Warner v COBA et al, NDOL 25-CV-19-GKF-JFJ
The attached Conflict of Interest Waiver seeks the City’s informed consent to allow Best & Sharp to represent the City in the above federal civil rights cases while the firm continues to represent Kimley-Horn and Associates, Inc. in a separate, unrelated state court matter (Cook matter, CJ-2024-3387, Tulsa County). In the Cook case, the City is also a defendant and has made a demand for defense and indemnity from Kimley-Horn. Best & Sharp has confirmed there is no actual conflict, that they can provide competent and diligent representation to both clients, and that Kimley-Horn has already consented. Signing the waiver protects the City’s ability to retain this highly qualified firm for its federal litigation needs while fully addressing any potential conflict under applicable ethics rules.
The attached Professional Services Agreement memorializes retention of the firm, costs and the hourly rates to be charged. The firm charges the following rates:
Attorney: $300 per hour maximum
Associates: $250 per hour maximum
Paralegals: $110 per hour maximum
Routine costs such as copying and postage are addressed in the Agreement. Costs and fees for this matter will be paid by the City as incurred.
Cost: As incurred
Funding Source: General Fund
Requested By: Trevor Dennis, City Attorney
Approved By: City Manager’s Office
Attachments: Professional Services Agreement
Conflict of Interest Waiver
Recommendation:
recommend
Approve the Professional Services Agreement and Conflict of Interest Waiver with Best & Sharp and authorize its execution.
end