TITLE
Consider a memorandum/resolution ratifying an agreement with Naman Howell Smith & Lee for legal services related to McLean Construction v. The City of Killeen.
SUMMARY
DATE: June 12, 2018
TO: Ronald L. Olson, City Manager
FROM: Kathy Davis, City Attorney
SUBJECT: Ratify Agreement with Naman Howell Smith & Lee for Legal Services
BACKGROUND AND FINDINGS:
On February 23, 2018, the City of Killeen was sued by McLean Construction related to a dispute over the responsibility for failing roadway work performed on Stagecoach Road and Lowes Boulevard by McLean Construction. In a previous closed session on this matter, Council indicated its desire to strongly defend this lawsuit, to include hiring outside counsel. In light of that guidance, the City Attorney’s Office engaged the services of Naman Howell Smith & Lee ("NHSL") to assist as this lawsuit is not covered by TML’s services. NHSL has a construction law expert on staff, David LeBas, as well as Roy Barrett, who has been the city’s primary litigator for many years and is very familiar with the City.
Based upon our past experience with litigation costs, we initially believed that formal City Council approval would not be required for the engagement letter, and it was signed by Assistant City Manager Dennis Baldwin on February 27, 2018. However, we have since been advised that litigation involving construction disputes are more expensive than other types of litigation in which the City is usually involved and will also require the hiring of an expert, which further increases the expense. As a result, we will spend more than $50,000 in a single fiscal year. Accordingly, the City Council is being asked to ratify the Assistant City Manager’s signature on the engagement letter. Expenses related to retaining an attorney are professional services and are exempt from competitive purchasing procedures.
THE ALTERNATIVES CONSIDERED:
The Council’s alternatives are: (1) to ratify the Assistant City M...
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