Agenda Item
City Council
Item #: 3.8. 4/25/2023 File #: 23-0264
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mary E. Binning, City Attorney
1. SUBJECT
First Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services relating to litigation defense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al.
2. SUMMARY
The City currently has an agreement with Everett Dorey LLP to provide litigation services for the City’sdefense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al., for an amount not to exceed $30,000, which will soon be expended. The proposed First Amendment will increase the not-to-exceed amount by $200,000 for a total amount not-to-exceed $230,000.
3. RECOMMENDED ACTION
1. Approve a First Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $200,000 and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $200,000 from the General Fund unreserved fund balance to expenditure account number 740.0301.51600.00000, Self-Insurance - Liability Fund - Legal Services.
4. FISCAL IMPACT
The total expenditure for this amendment is $200,000 and will be funded through General Fund (100).
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise. The litigation in this case involves allegations of wrongful death, negligence, and dangerous condition of public property which is very time consuming and would over -burden in-house legal staff.
The First Amendment of the agreement, to increase the contract by $200,000, will raise the total not to exceed amount to $230,000, and is necessary to carry out further defense of the City in this case City of Orange Printed on 4/20/2023Page 1 of 2
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Item #: 3.8. 4/25/2023 File #: 23-0264
through trial, currently set to go forward on September 11, 2023.
7. ATTACHMENTS
· First Amendment to Attorney Services Agreement
City of Orange Printed on 4/20/2023Page 2 of 2
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