Summary:
A motion to amend Motion No. 2020-0173, passed on April 22, 2020, as amended by Motion No. 2021-0063, passed on February 10, 2021, to increase the spending authority for the purchase from Logica Ratio of professional expert medical support services, and to increase the overall spending authority of Motion No. 2020-0173, as amended, for the Legal Department – Property & Casualty Fund
Background:
The City Attorney recommends that City Council approve an amendment to Council Motion No. 2020-0173, as amended by Motion No. 2021-0063, to make the following changes:
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Increase the amount to LOGICA RATIO from $412,000.00 to $637,000.00, which represents an increase of $225,000.00; and
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Revise the total not-to-exceed amount of the total motion from $812,000.00 to $1,037,000.00.
The City Attorney recommends City Council approve an increase to spending authority from $412,000.00 to $637,000.00 to LOGICA RATIO for the purchase of professional expert medical support services and that authorization be given to issue purchase orders, as necessary, to LOGICA RATIO in the cumulative amount not to exceed $637,000.00, for the Legal Department. The Legal Department has defended multiple lawsuits against the City involving plaintiffs’ allegations of medical expenses, to which the City has relied on medical experts to evaluate such allegations and assist in the City’s filing of counter affidavits. The number of lawsuits in which the City must retain medical experts has increased at a higher rate than the City originally projected when it submitted the first two motions to City Council, resulting in the need to increase the spending authority. To vigorously defend the City and maximize the opportunity to reduce the amount of a settlement or judgment, it is critical that the City retain these experts and file their counter affidavits.
The professional expert support services include, but are not limited to, the following: evaluate the medical issues raised by the plaintiff and prepare a summary report; review documents related to the plaintiff’s claims and damages as described in the petition and any amended petition; review affidavits; draft and provide counter affidavits, perform mental or physical examinations of the plaintiff, or a person under the legal control of the plaintiff, and prepare written reports of the findings; and any other related service that is requested by the City Attorney. This additional spending authority will provide the Legal Department with the resources to select and retain medical experts with the necessary qualifications and experience to perform professional expert support services to the City in the preparation and trial of various matters in litigation as determined by the City Attorney.
The Legal Department has been working with the Strategic Procurement Division of the Finance Department (SPD) to issue a solicitation for professional expert medical support services, among other litigation support services. SPD will issue the solicitation for professional expert medical support services on or before February 1, 2022. This request for additional funding will enable the Legal Department to continue retaining medical experts while that procurement process is completed.
The additional spending authority is expected to support the City’s professional expert medical support services for nine months or until the solicitation process for these services is concluded and an award recommendation is presented to City Council, whichever is earlier.
This recommendation is made pursuant to Chapter 252, Section 252.022(a)(4) "a procurement for personal, professional, or planning services" of the Texas Local Government Code for exempted procurements.
Hire Houston First: This procurement is exempt from the City’s Hire Houston First Ordinance based on the department’s determination that compliance with the ordinance would unduly interfere with contract needs.
Pay or Play: The contract requires compliance with the City’s Pay or Play ordinance regarding health benefits for employees of City contractors. The Firm provides health benefits to eligible employees in compliance with City policy.
MWBE Information: MWBE Zero Percentage Goal document approved by the Office of Business Opportunity.
Fiscal Note: Funding for this item is included in the FY22 Adopted Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.
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Arturo G. Michel, City Attorney
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Jerry Adams, Chief Procurement Officer