ORDINANCE approving and authorizing agreement between City of Houston and BRACEWELL LLP for Bond 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 bonds for public purposes as authorized by State law and as further set forth in the ordinance to finance current expenses.  The proposed bond counsel, Bracewell LLP (“Bracewell”) is a full-service firm that includes a national public finance practice and has the necessary competence, qualification and experience to serve as bond counsel for the City.  The engagement of Bracewell 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 Bracewell LLP (“Firm”) for legal services, including bond counsel services, in an amount not to exceed $250,000.00, for the purpose of representing the City in connection with the substitution of the facility supporting the General Obligation Commercial Paper Notes, Series G-2.

MWBE Information:

This contract is issued with a 24% MWBE participation goal. The Firm will utilize the services of co-bond counsel, the Law Office of Wendy Montoya Cloonan.

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.

REQUIRED AUTHORIZATION:

______________________________________

Arturo G. Michel, City Attorney

$250,000.00 – Genl Oblg Commercial Paper Series G Bona Fide (Fund No. 3612).

Funding for this item is contingent on the closing of the above-referenced transaction. Payment for services will not exceed $250,000.00.

Eric Nguyen, 832-393-6412