GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General ATTORNEY GENERAL BRIAN L. SCHWALB September 26, 2023 The Honorable Phil Mendelson, Chairman Council of the District of Columbia John A. Wilson Building *** 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Enclosed for consideration and approval by the Council of the District of Columbia is proposed emergency legislation, the "Contract No. DCCB-2023-F-0039 with Cohen Milstein Sellers & Toll PLLC Approval and Payment Authorization Emergency Act of 2024" and accompanying emergency declaration resolution to approve the award of the proposed definitive multiyear Contract Number DCCB-2023-F-0039 to Cohen Milstein Sellers & Toll PLLC (Cohen Milstein). This contract arranges outside legal counsel from Cohen Milstein to assist the Office of the Attorney General with the investigation of and potential litigation against identified targets in the housing industry for violations of antitrust laws. The contract is a definitive multi-year, contingency-fee contract with a not-to-exceed contract amount of $90 million. The base period of performance is from the date of award through five years thereafter. This contract will definitize a letter contract awarded on May 26, 2023. If you have any questions, please contact Deputy Attorney General Candyce Phoenix at (202) 788-2066 or Candyce.Phoenix@ dc.gov. I look forward to favorable consideration of this contract. Sincerely, Brian L. Schwalb Attorney General Enclosures 400 Sixth Street NW, 10th Floor, Washington, DC 20001-5790, (202) 727-3400, Fax (202) 730-0484 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ at the request of the Attorney General A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To declare the existence of an emergency with respect to the need to approve multi year Contract No. DCCB-2023-F-0039 with Cohen Milstein Sellers & Toll PLLC to provide legal services to the Office of the Attorney General. RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Contract No. DCCB-2023-F-0039 with Cohen Milstein Sellers & Toll PLLC Emergency Declaration Resolution of 2023". 20 Sec. 2. (a) There exists a need to approve multiyear Contract No. Contract No. DCCB- 21 2023-F-0039 with Cohen Milstein Sellers & Toll PLLC to provide legal services to the Office of 22 the Attorney General for an anti-trust matter. 23 (b) Because this is a multi year contract and involves expenditures in excess of $1 million 24 during a 12-month period, Council approval of this contract is required by section 451 of the 25 District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official 26 Code ยง 1-204.51 ). 27 (c) Council approval is necessary to allow the continuation of these vital services. 28 Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 29 emergency circumstances making it necessaiy that the Contract No. DCCB-2023-F-0039 with 30 Cohen Milstein Sellers & Toll PLLC Approval and Payment Authorization Emergency Act of 31 2023 be adopted after a single reading. I I I I I I I I I I I I I I I Sec. 4. This resolution shall take effect immediately. 32