City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: November 14, 2023 FROM: CITY ATTORNEY’S OFFICE WARDS: ALL
SUBJECT: REQUEST TO APPROVE THE RETENTION OF PANEL COUNSEL, Irma Rodriguez Moisa, a Partner with Atkinson, Andelson, Loya, Ruud & Romo AND APPROVE THE LITIGATION BUDGET OF $550,500 ISSUE:
Requesting approval to retain Irma Rodriguez Moisa, Panel Counsel and a Partner at Atkinson, Andelson, Loya, Ruud & Romo, to serve as associated counsel to handle the case of Jessica Tonkovich and Richard de Argon v. City of Riverside, Riverside Superior Court Case No. CVRI2103441, authorize the City Attorney to execute the Outside Counsel Engagement Letter, and to approve the litigation budget of $550,500.
RECOMMENDATION:
That the City Council: approve a $550,500 litigation budget to retain as associate counsel Irma Rodriguez Moisa a Partner with Atkinson, Andelson, Loya, Ruud & Romo, who is on the City’s list of panel counsel; and Authorize the City Attorney to execute the Outside Counsel Engagement Letter DISCUSSION:
The City Attorney’s Office has a fully staffed in-house litigation division. The litigation division defends the City when the City is a named defendant in a civil action. However, there are times when it is necessary to employ a panel firm to provide legal services if, for example, there is a conflict of interest or when the City Attorney’s Office’s available resources have been exhausted.
The City Attorney’s Office’s available resources are currently at maximum capacity; therefore, the City Attorney’s Office is seeking approval to employ the service of Atkinson, Andelson, Loya, Ruud & Romo a law firm on the City approved list of panel counsel to handle the case of Jessica Tonkovich and Richard de Argon v. City of Riverside.
FISCAL IMPACT:
The litigation budget for this matter is anticipated to be up to $550,500. The funds to cover all costs are currently budgeted in the Liability Trust Fund account 1310000-421100 for attorney’s fees in the amount of $378,000 and Liability Trust Fund account 1310000-428200 for legal costs in the amount of $172,500 (which includes the cost of deposition transcripts, copies, trial graphics, a jury consultant, an economist expert and a psychiatric expert).
STRATEGIC PLAN ALIGNMENT:
This item aligns with the following Strategic Priority and Goal from the Envision Riverside 2025 Strategic Plan: high performing government. In addition, it aligns with the following Cross-Cutting Threads:
Fiscal Responsibility – The City Attorney’s Office went through a formal RFP process for outside counsel. Competitive procurement was used to secure qualified law firms at competitive rates for legal services.
Prepared by: Cecilia Rojas, Deputy City Attorney
Certified as to availability
of funds: Edward Enriquez, Assistant City Manager/Chief Financial Officer Approved by: Mike Futrell, City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachment:
Proposed Budget for the case of Jessica Tonkovich and Richard de Argon v City of Riverside Outside Counsel Engagement Letter
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