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File #: 971781    Version:
Type: Resolution Status: Passed
File created: 2/26/1998 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 4/7/1998
Effective date:    
Title: Substitute resolution appropriating funds from the Outside Counsel/Expert Witness Fund Special Purpose Account Number 01-023-8001 for the purpose of retaining outside legal counsel relating to the creation of a new pension system.
Sponsors: ALD. KALWITZ
Indexes: CONSULTANTS, EMPLOYES RETIREMENT SYSTEM, FEES, LITIGATION, RETIREMENT BENEFITS

NUMB:

971781

VERS:

SUBSTITUTE 3

REF:

 

XXBY:

ALD. KALWITZ

TITL:

Substitute resolution appropriating funds from the Outside Counsel/Expert Witness Fund Special Purpose Account Number 01-023-8001 for the purpose of retaining outside legal counsel relating to the creation of a new pension system.

ANLS:

-Analysis-

 

This substitute resolution appropriates the sum of $65,000 ($39,000 from the City Attorney's Outside Counsel/Expert Witness Fund Special Purpose Account Number 01-023-8001 and $26,000 from the City Clerk's Special Purpose Account Number 09-910-8438) for the purpose of funding an amendment to the contract between the City and the law firm of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. ("Firm"), being previously authorized by the Common Council. The amendment will authorize the Firm to act as a legal consultant and retain an actuarial consultant to establish a new pension plan for city employees, and to study the feasibility of merging the city pension system with the state pension system. This resolution will also require an amendment establishing a Disadvantaged Business Enterprise ("DBE") requirement of 18% of expenditures under the contract.

BODY:

Whereas, Common Council File Number 971183, adopted November 25, 1997, authorized the City Attorney to enter into an agreement with the law firm of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. ("Firm") to provide the City with representation in the case of MPA, et al. v. City of Milwaukee, et al., Case Number 97-CV-007996, as outside counsel in defense of Common Council File Number 970387, passed October 14, 1997; and

 

Whereas, The Firm has made a proposal to expand the scope of the Firm's engagement to include acting as a consultant in the establishment of a new retirement system for city employees; and

 

Whereas, The Firm has indicated that at a minimum it will be necessary to expend 200 hours of attorney time at $185 an hour and sub-contract fee for actuarial consultant; and Whereas, It is in the best interest of the City of Milwaukee to also have the Firm study the feasibility of merging the city pension system with the state pension system; and

 

Whereas, The Common Council is desirous of amending the contract between the City and the Firm to have the Firm undertake both of these projects and also to include as part of the amendment, a requirement in accordance with s. 360-06 of the Milwaukee Code, that 18% of the total dollars to be expended under the contract, be expended in the utilization of a Disadvanaged Business Enterprise ("DBE") contractor in the purchase of professional services; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the sum of $39,000 be appropriated from the Outside Counsel/Expert Witness Fund Special Purpose Account Number 01-023-8001 to City Attorney Account Number 01-023-8002 for the purpose of funding a special project; and, be it

 

Further Resolved, That the City Attorney is authorized and directed to prepare and execute an amendment to the contract for services between the City and the Firm dated December 30, 1997 to retain the services of the Firm as a consultant to establish a new retirement system for city employees and to study the feasibility of merging the city pension system with the state pension system, with a maximum total contract price not to exceed $65,000; and, be it

 

Further Resolved, That as part of such amendment the Firm is authorized to sub-contract for the services of an actuarial consultant with a maximum contract price not to exceed $26,000 of the total contract price of $65,000; and, be it

 

Further Resolved, That all charges be approved by the Office of the City Attorney and that the approved charges for legal consulting be charged to City Attorney Account Number 01-023-8002, and approved charges for actuarial services be charged to the City Clerk's Special Purpose Account Number 09-910-8438; and, be it

 

Further Resolved, That such amendment shall include a requirement that 18% of the total dollars expended, under the contract as amended, shall be spent for sub-contracts to utilize the services of DBE meeting the requirements of s. 360-06 of the Milwaukee Code.

 

 

ZDPT:

 

DFTR:

LRB98076.4

mcw

3/31/98