Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 12/5/2017
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Item Creation Date:

LGL - Susman Comptroller Contract

Agenda Item#: 19.


 
                               
Summary:

ORDINANCE approving and authorizing Professional Services Agreement for Legal Services between the City of Houston and SUSMAN GODFREY, LLP, for representation of the City in the case styled: City of Houston v. Towers Watson & Co: Civil Action No. 14-CV-02213; making certain findings as required by state law; establishing a maximum contract amount - $450,000.00 - Property & Casualty Fund

Background:

The City sued WTW Delaware Holdings LLC f/k/a Towers Watson & Co. f/k/a Towers Perrin Towers in the case styled; The City of Houston v. Towers Watson & Co.: Civil Action No. 14-cv-02213. The lawsuit is currently set for trial in Federal District Court for the Southern District of Texas on May 1, 2018. The City asserts claims for negligence, negligent misrepresentations, and professional malpractice and seeks damages in an amount in excess of the minimal jurisdictional limits of the court.

 

The Firm has handled this complex matter for the City of Houston since 2014. The current contract needs to be replaced by a new contract which addresses state law requirements. The new Agreement also includes payment of a $450,000.00 fee to the Firm by December 31, 2017 in consideration for a reduction of the City’s contingent fee obligation. In addition, the $450,000.00 payment will be deducted from any recovery before the contingent fee is calculated.

 

This Agreement will become effective upon approval by the Texas Comptroller of Public Accounts.

 

Pay or Play The Firm has certified that it provides health benefits to eligible employees in compliance with the City policy.

 

M/WBE Subcontracting The Office of Business Opportunity has approved an MWBE waiver.

 

Houston First Susman Godfrey is a Houston based Firm.

 

FISCAL NOTE

Funding for this item is included in the FY2018 Adopted Budget.  Therefore, no Fiscal Note is required as stated in the Financial Policy Ord. 2014-1078.

 

 

 

 

_____________________________

Ron Lewis, City Attorney

Prior Council Action:
July 16, 2014 Ord. 2014-0725, November 16, 2016 Ord. 2016-0882
Amount and Source of Funding:
$450,000.00 current allocation and maximum contract amount to be paid from the Property & Casualty Fund (1004).
Contact Information:
Lisa A. Ketai, Sr. Assistant City Attorney (832) 393-6447
ATTACHMENTS:
DescriptionType
RCASigned Cover sheet