Title
Amendment No. 3 to Legal Services Contract LS-1802970 (Fausone & Grysko)
Body
Agenda of: October 25, 2023
Item No.: 2023-393
Amount: $650,000.00
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E.
Chief Executive Officer
Great Lakes Water Authority
DATE: October 27, 2023
RE: Amendment No. 3 to Legal Services Contract No. LS-1802970 (Fausone & Grysko)
MOTION
Upon recommendation of William M. Wolfson, Chief Administrative and Compliance Officer/ Interim General Counsel, the Board of Directors (Board) of the Great Lakes Water Authority (GLWA), authorizes the Chief Executive Officer (CEO) to enter into Contract No. LS-1802970, “Legal Representation, Consultation and Advise to Great Lakes Water Authority in connection with General Mill v GLWA” with Fausone & Grysko, PLC, at a cost not to exceed $650,000.00 for a duration of six (6) years; and authorizes the CEO to take such other action as may be necessary to accomplish the intent of this vote.
JUSTIFICATION
GLWA retained this law firm to represent GLWA in the General Mill matter. The litigation continues and keeping the continuity of the legal team handling the matter is in the best interest of GLWA. This legal matter has taken longer than most but there were delays in the case due to the pandemic and the complexity of the litigation.
Since the original engagement, the name of the law firm has changed to Fausone & Grysko. This amendment extends the time one year, increases the total compensation by $150,000.00 to $650,000.00, and reflects the change in the name of the law firm.
This amendment is necessary to manage the litigation, however, because the term of this contract now exceeds five years, Board approval is required.
BUDGET IMPACT
There are sufficient funds allocated in the General Counsel’s budget for the continuation of Fausone & Grysko’s services.
COMMITTEE REVIEW
This item was presented to the Legal Committee at its meeting on October 25, 2023. The Legal Committee unanimously recommended that the GLWA Board adopt the resolution as presented.
SHARED SERVICES IMPACT
This item does not impact the shared services agreement between GLWA and DWSD.