The City Attorney recommends City Council approve an ordinance amending Ordinance No. 2024-752 to increase the maximum contract amount from $172,000.00 to $709,000.00 for a professional services agreement between the City of Houston (“City”) and Husch Blackwell LLP (“Firm”) for legal services.
The original agreement was awarded on October 9, 2024, by Ordinance 2024-752, and provided for Husch Blackwell 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 original agreement budgeted $172,000.00 for Husch Blackwell to provide legal services through the dispositive motion stage, and included 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 discovery portion of the case exceeded initial projections. The additional funding is needed for Husch Blackwell to complete dispositive motion briefing and prepare the case for trial, which is set for April 2025.
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.
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.
|
Estimated Spending Authority
|
|
DEPARTMENT
|
FY2025
|
OUT YEARS
|
TOTAL
|
|
Legal Department
|
$537,000.00
|
$0
|
$537,000.00
|
_________________________
Arturo G. Michel, City Attorney Jedediah Greenfield, Chief Procurement Officer