Title
Authorization to Enter into Agreements for Outside Counsel Legal Services (Ordinance S-49864)
Description
Request to authorize the City Manager, or his designee, to enter into legal services agreements with various law firms and lawyers to provide outside counsel services to the City on an as-needed basis as determined by the City Attorney. Further request to authorize the City Controller to disburse funds in an amount not to exceed $19,000,000 over the two-year period of Fiscal Year (FY) 2023-24 and FY 2024-25 for purposes of this ordinance and to continue using funds authorized under Ordinance S-47701 for ongoing matters started under the legal services agreements covering FY 2021-22 and FY 2022-23.
Report
Summary
The existing list of qualified firms and attorneys that currently provide legal services to the City on an as-needed basis is set to expire on June 30, 2023. The Law Department issued a Request for Qualifications (RFQu) for law firms and lawyers to submit qualifications to be on the list of qualified legal counsel for the City in a variety of areas of legal practice over the next two years. The Law Department received 59 offer submittals to the RFQu and determined that 59 offerors met the requirements and have been approved to be placed on the attached list to be engaged to represent the City on a case-by-case basis (Attachment A). In addition, five law firms from the existing attorney list did not offer submittals to the most recent RFQu but will continue to provide legal services on the matters started under the prior legal services agreements. These five law firms are specially designated on Attachment A.
The City Code authorizes the City Attorney to enter into agreements to provide legal services for the City of Phoenix. Upon approval of this request by the City Council, the City Attorney will enter into agreements, as needed, with firms from the attached list of approved respondents to the RFQu. As needed, the City Attorney may also contract for other legal services, including services of attorneys, expert witnesses, and other legal advisors or consultants consistent with the authority granted in the Phoenix City Code. Should the City Attorney contract with additional law firms and lawyers over the two-year period for FY 2023-24 and FY 2024-25, funds will be disbursed under the authority of this ordinance, and such additional contracts are authorized by this approval.
Contract Term
The contract term will be from July 1, 2023, through June 30, 2025.
Financial Impact
The requested amount of $19,000,000 represents the same amount requested during the current two-year period of FY 2021-22 and FY 2022-23.
The individual agreements with outside counsel set forth specific rates and fees for legal services in accordance with proposals submitted during the RFQu or otherwise agreed to between the City Attorney and applicable law firms and lawyers.
Funds are available in various department budgets, including the Law Department, and Self-Insured Retention Fund. Payments will be made from affected funding sources, primarily from the Self-Insured Retention Fund or the General Fund on an individual case or legal assignment basis.
Department
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Law Department.