Ordinance 0665-2025
Explanation
1. BACKGROUND
This ordinance seeks to authorize the execution of a contract modification between the City of Columbus and Frost Brown Todd LLP (“Frost Brown Todd”) for the provision of legal representation in the matter of Pheenix USH LLC D/B/A SPIN, v. City of Columbus, et al., Case No. 2:24-cv-004290 (“Litigation”) pending before the U.S. District Court for the Southern District of Ohio.
The Department of Public Service became the subject of Litigation after selecting VeoRide Inc. dba Veo, through a competitive solicitation, to which Spin also responded, to oversee the Columbus and Central Ohio Shared Mobility Program. Spin filed a lawsuit in the U.S. District Court for the Southern District of Ohio challenging the contract award to Veo. Consequently, there was a need to retain outside counsel to represent the Department of Public Service during the Litigation, culminating in the execution of a service contract valued at $50,000 between the City Attorney’s Office and Frost Brown Todd for that purpose.
However, the total cost of representation in this matter will exceed the aforementioned sum, necessitating the execution of a contract modification in order to authorize the encumbrance and expenditure of additional funding in order to compensate Frost Brown Todd for services rendered through the resolution of the Litigation. Frost Brown Todd responded to a Request for Statement of Qualifications (“RFSQ”) in 2024 that was issued by the City Attorney’s Office and was one of the law firms selected by the RFSQ Committee to perform outside counsel work on behalf of the City. It would not be in the best interests of the City to change outside counsel at this juncture in the Litigation, as Frost Brown Todd has been engaged throughout the Litigation and cost efficiencies will be realized by retaining current outside counsel to see the Litigation to its conclusion.
Amount of additional funds to be expended: $85,000.00
Original contract...
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