District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0699 Compare Versions

OldNewDifferences
1- ENROLLED ORIGINAL
1+________________________________________________________________________________________
2+400 Sixth Street NW, 10th Floor, Washington, DC 20001-5790, (202) 727-3400, Fax (202) 730-0484
3+
4+GOVERNMENT OF THE DISTRICT OF COLUMBIA
5+Office of the Attorney General
6+ATTORNEY GENERAL
7+
8+BRIAN L. SCHWALB
9+
10+February 21, 2024
11+
12+The Honorable Phil Mendelson
13+Chairman, Council of the District of Columbia
14+John A. Wilson Building
15+1350 Pennsylvania Avenue, NW
16+Washington, DC 20004
17+Dear Chairman Mendelson:
18+Enclosed for consideration and approval by the Council of the District of Columbia is proposed
19+emergency legislation, the “Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP
20+Approval and Payment Authorization Emergency Act of 2024” and accompanying emergency
21+declaration resolution (“legislation”) to approve the award of the proposed definitive multiyear
22+Contract Number DCCB-2024-F-0010 to Tycko & Zavareei LLP.
23+
24+This contract arranges for outside legal counsel from Tycko & Zavareei LLP to assist OAG with
25+an investigation and potential litigation against identified targets for violations of the Consumer
26+Protection Procedures Act. The contract is a definitive multi-year, contingency-fee contract with
27+a not-to-exceed contract amount of $60 million. The base period of performance is from the date
28+of award through five years thereafter. This contract will definitize a letter contract awarded on
29+January 9, 2024.
30+
31+If you have any questions, please contact Deputy Attorney General Candyce Phoenix at (202) 788-
32+2066 or Candyce.Phoenix@dc.gov.
33+
34+Sincerely,
35+
36+Brian L. Schwalb
37+Attorney General Enclosures
38+ 1
39+2
40+3
41+4
42+5
43+6
44+7
45+8
46+9
47+10
48+11
49+12
50+13
51+14
52+15
53+~~
54+GtrtiirmanPhl1 Mendelson
55+at the request
56+of the Attorney General
57+A BILL
58+IN THE COUNCIL OF THE DISTRICT
59+OF COLUMBIA
60+16 To approve, on an emergency basis, multiyear Contract No. DCCB-2024-F-0010 with Tycko &
61+17 Zavareei LLP, to provide legal services to the Office of the Attorney General, and to
62+18 authorize payment for the goods and services received and to be received under the
63+19 contract.
64+20
65+21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
66+22 act may be cited as the "Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP
67+23 Approval and Payment Authorization Emergency Act of 2024".
68+24 Sec. 2. Pursuant
69+to section 451 of the District of Columbia Home Rule Act, approved
70+25 December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and section 202 of the
71+26 Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
72+27 Official Code§ 2-352.02), the Council approves multiyear Contract No. DCCB-2024-F-0010
73+28 with Tycko & Zavareei LLP, to provide legal services to the Office of the Attorney General for a
74+29 consumer protection matter, and authorizes payment in the not-to-exceed amount of $60 million
75+30 for goods and services received and to be received under Contract No. DCCB-2024-F-0010.
76+31 Sec. 3. The Council adopts the fiscal impact statement provided by the Chief Financial
77+32 Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-33
78+301.47a). 34
79+Sec. 4. This act shall take effect following approval by the Mayor (or in the event of 35
80+veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no 36
81+longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in 37
82+Section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 38
83+Stat. 788; D.C. Official Code § 1-204.12(a)). 39 1
84+
85+GOVERNMENT OF THE DISTRICT OF COLUMBIA
86+O
87+FFICE OF THE ATTORNEY GENERAL
88+
89+
90+BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL
91+ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION
92+
93+
94+
95+LEGAL COUNSEL DIVISION
96+
97+
98+MEMORANDUM
99+
100+
101+TO: Kirti Suri
102+
103+Assistant Attorney General
104+ Commercial Division
105+
106+
107+FROM: Megan D. Browder
108+Deputy Attorney General
109+Legal Counsel Division
110+
111+DATE: February 2, 2024
112+
113+SUBJECT: Legal Sufficiency Review of the “Contract No. DCCB -2024-F-0010 with Tycko &
114+Zavareei LLP Approval and Payment Authorization Emergency Act of 2024” and
115+Accompanying Emergency D eclaration Resolution
116+
117+(AE-24-188)
118+_____________________________________________________________________________________
119+
120+This memorandum responds to your request that the Legal Counsel Division (the “Division”) provide a
121+legal sufficiency review of the “ Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP Approval
122+and Payment Authorization Emergency Act of 2024” and the accompanying emergency declaration
123+resolution (together, “the Legislation”).
124+
125+Pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
126+803; D.C. Official Code § 1- 204.51), and section 202 of the Procurement Practices Reform Act of 2010,
127+effective April 8, 2011 (D.C. Law 18- 371; D.C. Official Code § 2-352.02), the Legislation approves
128+multiyear Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP, to provide legal services to the
129+Office of the Attorney General for a consumer protection matter, and authorizes payment in the not-to-
130+exceed amount of $60 million for goods and services received and to be received under Contract No. DCCB-
131+2024-F-0010.
132+1
133+
134+
135+The legislation is legally sufficient, and I have attached a Certificate of Legal Sufficiency for your use. If
136+you have any questions regarding this memorandum, please contact Ben Moskowitz, Assistant Deputy
137+Attorney General, Legal Counsel Division, at (202) 724-5565, or me at (202) 724-5524.
138+
139+MDB/bem
140+
141+1
142+ This Division has not reviewed the underlying contract for legal sufficiency and offers no opinion as to its legal sufficiency.
143+
144+1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov
145+
146+GOVERNMENT OF THE DISTRICT OF COLUMBIA
147+OFFICE OF THE ATTORNEY GENERAL
2148
3149
4150
5151
6-1
7-
8-AN ACT
9-
10-_________________
11-
12-
13-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
14-
15-______________________________
16-
17-
18-To approve, on an emergency basis, multiyear Contract No. DCCB-2024-F-0010 with Tycko &
19-Zavareei LLP to provide legal services to the Office of the Attorney General, and to
20-authorize payment for the goods and services to be received under the contract.
21-
22- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23-act may be cited as the “Contract No. DCCB-2024-F-0010 with Tycko & Zavareei LLP
24-Approval and Payment Authorization Emergency Act of 2024”.
25-
26-Sec. 2. Pursuant to section 451 of the Home Rule Act (D.C. Official Code § 1-204.51)
27-and section 202 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C.
28-Law 18-371; D.C. Official Code § 2-352.02), the Council approves multiyear Contract No.
29-DCCB-2024-F-0010 with Tycko & Zavareei LLP to provide legal services to the Office of the
30-Attorney General for a consumer protection matter and authorizes payment in the not-to-exceed
31-amount of $60 million for the goods and services to be received under the contract.
32-
33-Sec. 3. Fiscal impact statement.
34-The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
35-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
36-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
37-
38-Sec. 4. Effective date.
39-This act shall take effect following approval by the Mayor (or in the event of veto by the
40-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
41-90 days, as provided for emergency acts of the Council of the District of Columbia in
42152
43153
44154
45- ENROLLED ORIGINAL
155+Legal Counsel Division
46156
47157
48158
159+MEMORANDUM
160+ TO: Tomás Talamante
161+Director
162+Office of Policy and Legislative Affairs
163+ FROM: Megan D. Browder
164+ Deputy Attorney General
165+ Legal Counsel Division
166+ DATE: February 2, 2024 SUBJECT: Legal Sufficiency Review of the “Contract No. DCCB -2024-F-0010 with Tycko &
167+Zavareei LLP Approval and Payment Authorization Emergency Act of 2024” and
168+Accompanying Declaration Resolution
49169
50-2
51-
52-section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
53-Stat. 788; D.C. Official Code § 1-204.12(a)).
54-
55-
56-
57-
58-______________________________
59-Chairman
60-Council of the District of Columbia
61-
170+(AE-24-188)
171+________________________________________________________________________
172+This is to Certify that this Office has reviewed the above- referenced
173+legislation and that we have found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to call me at (202) 724- 5524.
62174
63175
64176
65177 _________________________________
66-Mayor
67-District of Columbia
178+Megan D. Browder
179+
68180
69181
70182