RFQ received for S67-26565 – Approve Agreement with Thompson & Horton, LLP for professional services in an amount not to exceed $1,673,210.00
SPECIFIC EXPLANATION:
The City Attorney and Chief Procurement Officer recommend City Council approve an ordinance approving and authorizing an agreement with Thompson & Horton, LLP (“Firm”) for legal services in an amount not to exceed $1,673,210.00. There are two components to the anticipated work. One is for decennial census redistricting services. The other component is to defend an adopted plan in a lawsuit asserting the plan violates the Voting Rights Act and the 14th and 15th Amendments to the U.S. Constitution, as well as for litigation relating to the use of at-large positions. Media has reported that a lawsuit will be filed challenging the use of at-large positions. The cost for the redistricting process is anticipated to be less than 15% of the total amount. The balance is for litigation should it be litigated through trial. Such lawsuits taken through trial are lengthy, fact and expert intensive, and with a significant number of community witnesses.
Article V, Section 3 of the City Charter requires in each year during which a general election is to be held, City Council shall conduct an investigation and determine the population of the City and each city council district. After such determination, City Council shall establish new boundaries for the election of district council members if the distribution of population among the various districts is materially unbalanced or the number of council members is sixteen. The determination is next required in 2023, the year of the City’s next general election.
As part of the City’s redistricting process, it is anticipated that various activities will occur this year leading up to the adoption of the City’s redistricting plan before the next general election. Such activities include, but is not limited to, City Council’s vote on the redistricting criteria for establishing single-member council districts and redistricting guidelines for proposed plans from the public; City Council’s consideration of one or more draft redistricting plans; multiple public hearings on proposed redistricting plans; and City Council’s consideration of an ordinance declaring the population of the City and establishing single-member districts to take effect for council terms beginning in 2024.
The City Attorney recommends engaging the Firm to represent the City in connection with the City’s redistricting process and adoption of a redistricting plan. The Firm’s attorneys are experienced and highly capable of analyzing proposed redistricting plans, advising on the legal and practical merits of proposed plans, and advising, assisting, and representing the City regarding any legal challenges to the City’s redistricting process, adopted redistricting plan, or any matter related to the City’s redistricting or establishment of council districts or council members. The lead attorney has represented other public entities and is highly qualified and experienced in the areas of voting rights and redistricting.
MWBE Information:
This contract is issued with a 24% MWBE participation goal. The Firm will utilize the services of West & Associates, LLP.
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 is included in the FY22 Adopted Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.
REQUIRED AUTHORIZATION:
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Arturo G. Michel, City Attorney
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Jerry Adams, Chief Procurement Officer