City Attorney Office
www.santa-ana.org/city-attorneys-office
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Agreement and Amendment for Legal Services
AGENDA TITLE
Agreement with Richards, Watson & Gershon, APC and Amendment to Agreement with Nathan & Kamionski, LLP for Legal Services (General Fund and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Richards, Watson & Gershon, APC to provide legal services for a three-year term beginning June 1, 2024 and expiring June 30, 2027, with a provision for a one-year extension, in a total amount not to exceed $300,000 (Agreement No. A-2024-XXX) and a first amendment to the agreement with Nathan & Kamionski LLP to provide legal services, increasing the amount of the compensation by $450,000 for a total amount of $500,000 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Richards Waston & Gershon, APC
Richards, Watson & Gershon, APC (RWG) is well known for providing municipal law services to public entities and has done so since 1954. It represents more than 50 public agencies and serves as City Attorney for more than 25 cities. The firm is headquartered in Los Angeles and has offices in Brea, Temecula, and San Francisco.
Since 2015, RWG has provided general advice and legal review to the City on a case- by-case basis when urgent matters arise in relation to litigation, election issues, or personnel matters requiring immediate attention. This agreement will authorize the City Attorney to call upon RWG to guarantee the continuity of services and allow the City Attorney, as necessary, to defend or file litigation, or seek legal advice when requested by the City Manager.
RWG currently represents the City in on-going litigation brought by Share Our Selves Corporation in federal court challenging the validity of a zoning ordinance adopted by the City.
Agreement and Amendment for Legal Services
June 4, 2024
4 3
1 6
Nathan & Kamionski, LLP
On May 7, 2024, the City engaged the law firm of Nathan & Kamionski to represent the City in the matter of Ramon Alvarez v. City of Santa Ana in the U.S. District Court.
Nathan & Kamionski was selected by the City after staff issued Requests for Proposals to firms which specialize in civil rights defense cases for public entities. Initial engagement was done to have the firm immediately represent the City but at an amount no greater than allowed under the City Manager’s award authority of $50,000. The City and the firm reviewed the costs for defense of the City in this action and City Attorney’s Office is seeking approval by the City Council to increase the compensation by an additional $450,000 over the term of the agreement, including the one-year extension available under the terms of the agreement.
FISCAL IMPACT
Funds are budgeted and available in the following account for the current fiscal year and will be budgeted in the following account for the following fiscal years:
Richards Watson & Gershon, APC
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 01105015-62300 General Fund General Non-
Departmental -
Contract Services
Professional
$10,000
FY 24-25 01105015-62300 General Fund General Non-
Departmental -
Contract Services
Professional
$90,000
FY 25-26 01105015-62300 General Fund General Non-
Departmental -
Contract Services
Professional
$100,000
FY 26-27 01105015-62300 General Fund General Non-
Departmental -
Contract Services
Professional
$100,000
TOTAL $300,000
Agreement and Amendment for Legal Services
June 4, 2024
4 3
1 6
Nathan & Kamionski, LLP
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 08009051-62300 Liability and
Property Ins
Fund
Liability & Property Ins
Fund, Contract Srvcs -
Professional
$25,000
FY 24-25 08009051-62300 Liability and
Property Ins
Fund
Liability & Property Ins
Fund, Contract Srvcs -
Professional
$225,000
FY 25-26 08009051-62300 Liability and
Property Ins
Fund
Liability & Property Ins
Fund, Contract Srvcs -
Professional
$200,000
TOTAL $450,000
EXHIBIT(S)
1. Legal Services Agreement with Richards Watson & Gershon, APC
2. First Amendment to Legal Services Agreement with Nathan & Kamionski, LLP Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, Acting City Manager