Mayor and Council

   For the meeting on:

  December 17, 2012
   Department:   City Attorney
   Responsible staff:  Debra Yerg Daniel, City Attorney
  phone: (240) 314 - 8150

Award of contract not to exceed $375,000 to Venable LLP for specialized legal services

Staff requests that the Mayor and Council award a contract to Venable LLP in the amount not to exceed $375,000 for specialized legal services.

The City has the need for specialized legal services from Venable LLP in FY2013 in connection with various issues including issuing general obligation revenue bonds, employment benefits, retirement plan, code enforcement, Town Center operations, and the Town Center garage litigation.

Legal work performed by Venable in connection with various issues raised above involve funding sources other than the City Attorney's Office outside counsel budget. In particular, the legal work needed involves the debt service fund (costs for bonds are reimbursed to the City after the bond issuance from the bond proceeds), the pension plan assets, and the parking fund for the garage litigation. As such, this contract covers charges from each of these funding sources.

Procurement Information
In accordance with Section 17-87 of the Rockville City Code, "Miscellaneous Procurement," professional services and other services associated with actual or potential litigation, administrative, or regulatory proceedings are exempt from competitive procurement.

In accordance with Section 17-39(a) of the Rockville City Code, "Awarding authority," all contracts involving more than one hundred thousand dollars ($100,000) shall be awarded by the Council, except as may be specifically provided in Chapter 17.

Fiscal Impact
The not to exceed contract authorization for Venable for FY2013 will be $375,000.

There are currently sufficient funds budgeted to cover the majority of these costs for FY2013 within the respective funding sources.

Staff may need a budget amendment for the parking fund depending on the final costs of the garage litigation.

Department Head:

Debra Yerg Daniel, City Attorney
Approved on: 12/12/2012

City Manager:

Approved on: 12/12/2012