City Attorney’s Office
www.santa-ana.org/city-attorneys-office
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 19, 2024
TOPIC: Legal Services Agreement with Nathan & Kamionski LLP
AGENDA TITLE
Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to Amend Hourly Rates
RECOMMENDED ACTION
Approve Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325 and Paralegals from $150 to $125 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On May 7, 2024, the City engaged the law firm of Nathan & Kamionski LLP to provide legal services to defend the City and individually named employees in the matter of Ramon Alvarez v. City of Santa Ana, et al, United States District Court Case No. 8:24- cv-00516-DMG-KS. 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. Agreement No. N-2024-171 (“Agreement”) is in effect through May 5, 2026.
Initial engagement was done to have the firm immediately represent the City and individually named employees at an amount no greater than allowed under the City Manager’s Authority of $50,000. On June 4, 2024, the parties entered into a First Amendment to the Agreement (A-2024-072) to increase the compensation by an additional $450,000, for a total not to exceed amount of $500,000.
The City is a member of the Independent City Risk Management Authority (“ICRMA”).
Nathan & Kamionski LLP has notified the City they wish to proactively reduce their rates to match the hourly rates consistent with other member cities, which are part of ICRMA, to bring greater value to ICRMA clients and ensure consistency, as detailed below.
Legal Services Agreement with Nathan & Kamionski LLP
November 19, 2024
4 6
6 4
Classification Current Hourly Rate Proposed Hourly Rate Partners & Senior
Associates
$350/hour $325/hour
Associates $300/hour $300/hour
Paralegals $150/hour $125/hour
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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:
Fiscal Year Accounting Unit-
Account #
Account
Description
Amount
FY 23-24 08009051-64050 Liability and
Property Ins Fund
$25,000
FY 24-25 08009051-64050 Liability and
Property Ins Fund
$250,000
FY 25-26 08009051-64050 Liability and
Property Ins Fund
$225,000
Total: $500,000
EXHIBIT(S)
1. Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager