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Toronto City Council · 2023-02-07 · 2023.CC3.16

The filed record

Amendments to Retainer Agreement Purchase Order 6046014 with Hicks Morley Hamilton Stewart Storie LLP for Legal Services Related to Pay Equity Issues

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The decision

2023-02-07 · Toronto City Council · adopted

As filed

City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the extension of the City's retainer with Hicks Morley Hamilton Stewart Storie LLP (Purchase Order number 6046014) for legal services in respect of the application of two former employees regarding the City's Non-Union Pay Equity Plan, until the services under the retainer agreement, as they may be amended, are completed, and amend the extended retainer to increase the maximum amount to $115,000.00 from $85,000.

On the agenda

As the city filed it

The law firm of Hicks Morley Hamilton Stewart Storie LLP ("Hicks LLP") was retained in 2017 by the City, through a retainer agreement, to provide legal services in respect of application of two former employees regarding the City's Non-Union Pay Equity Plan. The services provided by Hicks LLP deal with all aspects of the matter identified above, including providing legal advice to the City, preparing for and attending meetings, mediations and hearings on behalf of the City in regard to the application.

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Initially, the retainer was subject to the fee cap of twenty-five thousand ($25,000.00) dollars which served as the upset limit. By retainer amendment dated November 22, 2019, the upset limit was changed from $25,000.00 to $85,000.00. An increase of the upset limit by $30,000, to a total of $115,000.00, should be sufficient to complete the outstanding matters. The initial amount of the retainer was for preliminary work prior to litigation being commenced, with other amounts being added as the matter moved through the various stages of the litigation process. Due to the retainer exceeding 5 years, Council authority is required for the extension pursuant to Chapter 195, Purchasing, of the City's Municipal Code.

Staff recommended

The City Solicitor and the Chief People Officer recommend that: 1. City Council authorize the extension of the City's retainer with Hicks Morley Hamilton Stewart Storie LLP (Purchase Order number 6046014) for legal services in respect of the application of two former employees regarding the City's Non-Union Pay Equity Plan, until the services under the retainer agreement, as they may be amended, are completed, and amend the extended retainer to increase the maximum amount to $115,000.00 from $85,000.

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