The City Attorney recommends City Council approve an ordinance authorizing a professional services agreement between the City of Houston (“City”) and Husch Blackwell LLP (“Firm”) with a maximum contract amount of $172,000.00, to provide legal services in litigation regarding the challenge to the MBE portion of the City’s MWSBE program. That lawsuit is styled Landscape Consultants of Texas, Inc., and Metropolitan Landscape Management, Inc. v. City of Houston and Midtown Management District, No. 4:23-cv-3516, in the United States District Court for the Southern District of Texas.
This contract will involve consulting with attorneys in preparing the City’s defense strategy, assisting with discovery, responding to Plaintiffs’ dispositive motion, preparing the City’s dispositive motion, arguing dispositive motions, preparing expert reports, preparing for and presenting both fact and expert witness deposition testimony, reviewing and analyzing opposing parties’ expert reports, and assisting with preparing for opposing expert deposition.
The City recommends Husch Blackwell LLP because the Firm is on the approved list of counsel.
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 proposed contract requires compliance with the City’s Pay or Play ordinance regarding health benefits for employees of City contractors. In this case, the Firm will Pay in compliance with City policy.
MWBE Participation: This professional services agreement has obtained a goal waiver from the Office of Business Opportunity.
Fiscal Note: Funding for this item is included in the FY25 Adopted Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.
___________________________________
Arturo G. Michel, City Attorney
___________________________________
Jedediah Greenfield, Chief Procurement Officer
|
Estimated Spending Authority
|
|
DEPARTMENT
|
FY2025
|
OUT YEARS
|
TOTAL
|
|
Legal Department
|
$172,000.00
|
$0
|
$172,000.00
|