Broken Arrow City Council
Meeting of: 11-18-2019
Title:
title
Approval of and authorization to execute a Professional Services Agreement with Metcalf & Splitler, LLP., for providing counsel and legal advice regarding Tiger Hill Retaining Wall Design and Construction Defect Dispute with Contech, Inc., O.J.C., Co., and Heartstone
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Background:
On June 17, 2019, the City entered into a Professional Services Agreement with the law firm of McDonald, McCann, Metcalf & Carwile, LLP. Steve Metcalf, with McCann, Metcalf & Carwile served as the City’s primary legal representative in the matter of City of Broken Arrow v. Contech. On October 25, 2019, Mr. Metcalf advised the City he left McCann, Metcalf & Carwile, LLP, and formed the law firm of Metcalf & Spitler, LLP. The City Attorney recommends the City continue to have Mr. Metcalf represent the City in the matter and enter into a new professional services agreement with the firm of Metcalf & Spitler, LLP
The attached Professional Services Agreement memorializes retention of the frim, costs and the hourly rates to be charged. The firm charges the following rates:
Steven Metcalf $275.00 per hour maximum
William H. Spitler $245.00 per hour maximum
Associates $195.00 per hour maximum
Paralegals $80.00 to $100.00 per hour maximum
Routine costs such as copying and postage are addressed in the Agreement. Costs and fees for this matter are capped at $75,000.00 and will expire on June 30, 2020.
Cost: Not to exceed $100,000.00
Funding Source: City Attorney Operating Budget
Requested By: Trevor Dennis, Acting City Attorney
Approved By: City Manager’s Office
Attachments: Professional Services Agreement
Recommendation:
recommend
Approve the Professional Services Agreement with Metcalf & Splitzer, LLP and authorize its execution.
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