ORDINANCE approving and authorizing agreement between the City of Houston and HOLLAND & KNIGHT, LLP for Bond Counsel, Special Disclosure counsel, and Special Tax Counsel Services for Various Departments; providing a maximum contract amount

Pursuant to Texas Government Code Section 2254.1036, the following written notice is given to the public: The City desires to sell notes for public purposes as authorized by State law and as further set forth in the ordinance to finance current expenses.  The proposed bond, special disclosure, and special tax counsel, Holland & Knight, LLP (“Holland & Knight”) is a full-service firm that includes a national public finance practice and has the necessary competence, qualification and experience to serve as bond, special disclosure, and tax counsel for the City.  Holland & Knight has previously represented the City in connection with the issuance of similar notes since 2019.  The engagement of Holland & Knight is in the best interest of the City, since the legal services requested require specialized experience in municipal finance, federal tax, and state securities law and therefore cannot be adequately performed by the attorneys and supporting personnel of the City.  Furthermore, such legal services cannot be reasonably obtained from attorneys in private practice for the payment of hourly fees without contingency because the City will not be obligated to pay any legal fees unless the transaction successfully closes.

The City Attorney recommends City Council approve an ordinance approving and authorizing a professional services agreement with Holland & Knight, LLP (“Firm”) for legal services, including bond counsel, special disclosure counsel, and special tax counsel services, in an amount not to exceed $450,000.00, for the purpose of representing the City in connection with the issuance of the Tax and Revenue Anticipation Notes, Series 2021.

MWBE Information:

This contract is issued with a 24% MWBE participation goal.  The Firm will utilize the services of co-counsel, the Law Offices of Francisco Medina.

PAY OR PLAY:

The contract requires compliance with the City's Pay or Play Ordinance regarding health benefits for employees of City contractors.  In this case, the Firm provides health benefits for eligible employees in compliance with City policy.

HIRE HOUSTON FIRST:

This procurement is exempt from the City’s Hire Houston First Ordinance. The Legal Department is utilizing a professional services procurement.

FISCAL NOTE:

Funding for this item will be included in the FY22 Proposed Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.

REQUIRED AUTHORIZATION:

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Arturo G. Michel, City Attorney

$450,000.00

General Fund

Fund 1000

Eric Nguyen, 832-393-6412

Rahat Huq, 832-393-6428

Gary Wood, 832-393-6440