Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 3/27/2018

Item Creation Date:

LGL - Towers Settlement

Agenda Item#: 9.


 
                               
Summary:

ORDINANCE approving and authorizing Settlement Agreement and Mutual Release between the City of Houston and WTW DELAWARE HOLDINGS LLC f/k/a TOWERS WATSON & CO. f/k/a TOWERS PERRIN in the case styled: City of Houston v. Towers Watson & Co: Civil Action No. 14-C-02213; making certain findings as required by State Law; delegating authority to the City Attorney to approve distribution of a portion of the resulting settlement proceeds to Susman Godfrey L.L.P. pursuant to its Professional Services Agreement with the City (Authorized by Ordinance 2017-991) and subsequent release letter

Background:

The City of Houston, represented by Susman Godfrey L.L.P. (“Special Counsel”) sued WTW Delaware Holdings LLC f/k/a Towers Watson & Co. f/k/a Towers Perrin Towers collectively “Towers", in the case styled City of Houston v. Towers Watson & Co.: Civil Action No. 14-cv-02213 (“Lawsuit”). The City asserted claims for negligence, negligent misrepresentations, and professional malpractice.

 

The City and Towers mediated the case and agreed to enter into the Settlement Agreement and Mutual Release whereby in consideration for settlement of the Lawsuit, Towers will pay the City of Houston Forty Million Dollars ($40,000,000.00) (“Settlement”), and the City will release all claims against Towers both in the Lawsuit and unasserted claims relating to work that Towers performed or may have performed with respect to or on behalf of the Houston Firefighter’s Relief and Retirement Fund, the Houston Municipal Employees Pension System, and the Houston Police Officers’ Pension System.

 

Pursuant to Professional Services Agreement (Contingent Fee Special Counsel for Lawsuit) between the City and Special Counsel, Contract No. 4600014652 (approved by Ordinance No. 2017-0991 and the Office of the Texas State Comptroller of Public Accounts), and Special Counsel’s Release to the City, dated March 19, 2018, Special Counsel will receive a payment of Eleven Million Dollars ($11,000,000.00) for representing the City. The ordinance specifically delegates authority to the City Attorney to approve distribution of the $11,000,000.00 to Special Counsel.

The remainder of the Settlement in the amount of Twenty-Nine Million Dollars ($29,000,000.00) will be paid into the City’s General Fund.

M/WBE Subcontracting: Not applicable because this is a settlement of a lawsuit.

Fiscal Note: No Fiscal Note is required

 

 

 

 

 

__________________________________

Ronald C. Lewis, City Attorney


Contact Information:
Lisa A. Ketai, Sr. Assistant City Attorney (832) 393-6447
ATTACHMENTS:
DescriptionType
Signed CoversheetSigned Cover sheet