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File #: 221015    Version: 0
Type: Resolution Status: Passed
File created: 11/1/2022 In control: COMMON COUNCIL
On agenda: Final action: 11/22/2022
Effective date:    
Title: Resolution authorizing payment for legal services from VonBreisen & Roper, S.C.
Sponsors: THE CHAIR
Indexes: CONSULTANTS, SUITS PAYMENT
Attachments: 1. FiscalImpactStatement-Gomez re von briesen.pdf, 2. Third_Amendment_to_Contract_for_Legal_Services-Gomez.pdf, 3. Agreement - original Gomez.pdf, 4. Agreement - first amendment Gomez.pdf, 5. Agreement - second amendment Gomez.pdf

Number

221015

Version

ORIGINAL

 

Reference

 

Sponsor

THE CHAIR

 

Title

Resolution authorizing payment for legal services from VonBreisen & Roper, S.C.

 

Analysis

This resolution authorizes payment in the amount of $42,480 to VonBreisen & Roper, S.C. for legal services for City of Milwaukee and the City of Milwaukee Board of Fire and Police Commissioners in the consolidated Wisconsin state court actions entitled Rodolfo Gomez v. City of Milwaukee, Milwaukee County Circuit Court Case No. 18-CV-3767, and Rodolfo Gomez v. the Board of Fire and Police Commissioners for the City of Milwaukee, Milwaukee County Circuit Court Case No. 15-CV-6824.

 

Body

Whereas, On or about March 31, 2015, the City Attorney entered into a Contract for Legal Services between the City of Milwaukee and VonBreisen & Roper, S.C. for legal services in the claims of Rodolfo Gomez against the City of Milwaukee and the Fire and Police Commission; and

 

Whereas, The original agreement attached to the file authorized payment in an amount not to exceed $15,000; and

 

Whereas, On or about September 21, 2015, the City Attorney entered into a first amended agreement attached to the file not exceed an additional $20,000; and

 

Whereas, On or about December 28, 2016, the City Attorney entered into a second amended agreement attached to the file not exceed an additional $5,000; and

 

Whereas, The total cost of legal services has exceeded the prior agreed amounts in order to get the matter through final resolution and disposition; and

 

Whereas, The City desires to pay VonBreisen & Roper, S.C. for the reasonable costs of its legal services that it has incurred in the representation; 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 VonBreisen & Roper, S.C. substantially in the form of Exhibit A attached to this file, for legal services relating to its representation of the City of Milwaukee and the Fire and Police Commission in the defense against the claims brought against them in the Wisconsin state court actions entitled Rodolfo Gomez v. City of Milwaukee, Milwaukee County Circuit Court Case No. 18-CV-3767, and Rodolfo Gomez v. the Board of Fire and Police Commissioners for the City of Milwaukee, Milwaukee County Circuit Court Case No. 15-CV-6824 ; and, be it

 

Further Resolved, That an amount not to exceed $42,820 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 $42,820 from this account for this purpose.

 

Requestor

City Attorney

Drafter

RAPederson:

October 18, 2022

1033-2008-967