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File #: 212042    Version:
Type: Resolution Status: Passed
File created: 4/19/2022 In control: COMMON COUNCIL
On agenda: Final action: 11/1/2022
Effective date:    
Title: Substitute resolution authorizing payment for legal services from Davis Kuelthau, S.C., for legal services for Alderman Robert Bauman in the matter of Tri-Corp Housing, Inc. v Bauman.
Sponsors: THE CHAIR
Indexes: CONSULTANTS
Attachments: 1. Fiscal Impact Statement, 2. Third amendment to legal services Contract V.2.pdf

Number

212042

 

Version

SUBSTITUTE  2

 

Reference

201480

 

Sponsor

THE CHAIR

 

Title

Substitute resolution authorizing payment for legal services from Davis Kuelthau, S.C., for legal services for Alderman Robert Bauman in the matter of Tri-Corp Housing, Inc. v Bauman.

 

Analysis

This resolution authorizes payment in the amount of $85,000 to Davis Kuelthau, S.C., for legal services relating to the trial and appeal of Tri-Corp Housing’s claims against Alderman Robert Bauman.  Davis Kuelthau will become Amundsen Davis, LLC on November 1, 2022,

 

Body

Whereas, On or about March 3, 2020, the City Attorney entered into a Contract for Legal Services between the City of Milwaukee and Davis Kuelthau, S.C., for representation of Alderman Bauman regarding Tri-Corp Housing’s claims against him; and

 

Whereas, The original agreement attached to the file authorized payment in an amount not to exceed $50,000; and

 

Whereas, On or about September 18, 2020, the City Attorney entered into a first amended agreement attached to the file not exceed an additional $50,000; and

 

Whereas, On or about February 17, 2022, the City Attorney entered into a second amended agreement attached to the file not exceed an additional $140,000; and

 

Whereas, The total cost of legal services has exceeded the prior agreed amounts in order to get the matter through an appeal filed by plaintiffs; and

 

Whereas, The law firm of Davis Kuelthau, S.C., will merge with another firm and become Amundsen Davis, LLC, on November 1, 2022; and

 

Whereas, The City desires to pay Davis Kuelthau, S.C., for the reasonable costs of its legal services that it has incurred and will incur up to October 31, 2022; and to pay Amundsen Davis LLC, for the reasonable costs of its legal services it will incur from November 1, 2022, and thereafter; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the City Attorney is authorized to execute the Third Amendment to Contract for Legal Services between City of Milwaukee, Wisconsin and Davis Kuelthau, S.C., and Amundsen Davis, LLC, as applicable, substantially in the form of Exhibit A attached to this file, for legal services relating to the ongoing representation of Alderman Bauman in the trial and appeal regarding Tri-Corp Housing’s claims against him; and, be it

 

Further Resolved, That an amount not to exceed $85,000 is appropriated from the City Attorney’s Office Counsel Expert Witness Special Purpose Account Number 0001-1490-S157-06300 for retaining outside counsel; and, be it

 

Further Resolved, That the Office of the City Attorney is directed to expend up to $85,000 from this account for this purpose.

 

Requestor

City Attorney

Drafter

RAPederson:

October 20, 2022

1033-2008-967