March 19, 2024
City Attorney's Office
DATE: March 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Subject:
4th Amendment to the Legal Services Agreement with
Orbach Huff & Henderson, LLP
FINANCIAL IMPACT: This amendment will add $100,000 for a total amount not to exceed $570,000. This agreement is charged to the
Risk Management General Liability Fund 50182316-
400554.
PREVIOUS COUNCIL
ACTION:
December 22, 2020, October 5, 2021; May 17, 2022; and
June 30, 2023.
STATEMENT OF THE
ISSUE:
Additional funds are needed to ensure that the City has the appropriate legal representation for police/tort cases.
RECOMMENDED ACTION:
APPROVE a fourth amendment to the Orbach Huff &
Henderson, LLP Legal Services Agreement (LSA) in the
amount of $100,000, for a total contract amount of
$570,000, to continue representing the City in police/tort cases with a term ending on June 30, 2025 – City
Attorney’s Office (Dave Aleshire/Shannon Moore 510-
620-6509).
AGENDA
REPORT
March 19, 2024
DISCUSSION:
Orbach Huff & Henderson, LLP (“Orbach Huff’) currently provides special counsel services defending the City in civil rights and law enforcement liability litigation. Orbach Huff has been representing the City in these types of lawsuits since 2020. They currently are handling five active lawsuits and are also on the City Attorney’s Office’s approved 2018 Request for Qualifications (RFQ). Rates for Orbach Huff partners are $295 per hour, associates $255 per hour and paralegals are $135 per hour.
DOCUMENTS ATTACHED:
Attachment 1 – Orbach Huff & Henderson, LLP LSA
Attachment 2 – Orbach Huff LSA, First Amendment
Attachment 3 – Orbach Huff LSA, Second Amendment
Attachment 4 – Orbach Huff LSA, Third Amendment
Attachment 5 – Orbach Huff LSA, Fourth Amendment (proposed)