TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Nathalie Adourian, City Attorney
1. SUBJECT
title
Third Amendment to Attorney Services Agreement with Bordin Semmer, LLP to provide legal services relating to litigation defense in the matter of Brandon Jacob Hull v. City of Orange, et al.
body
2. SUMMARY
The City currently has an Attorney Services Agreement with Bordin Semmer, LLP to provide litigation services for the City's defense in the matter of Brandon Jacob Hull v. City of Orange, et al., with a Second Amendment to the Attorney Services Agreement for an amount not to exceed $310,000, which will soon be expended. $304,445.46 has been spent to date.
The proposed Third Amendment to the Attorney Services Agreement will increase the not to exceed amount by $300,000 for a total amount not to exceed $610,000. The increase will allow counsel to prepare for the trial of this matter that is set to commence on August 17, 2026.
The City has self-insured retention in the amount of $350,000, including costs, attorney fees, and damages associated with the litigation and has an insurance policy with the California Insurance Pool Authority for any expenses exceeding the retention amount. The City is responsible for payment of all expenses and damages upfront and is reimbursed by the California Insurance Pool Authority after the case has been concluded.
3. RECOMMENDED ACTION
recommendation
1. Approve a Third Amendment to Attorney Services Agreement with Bordin Semmer, LLP in the amount of $300,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the following budget transfers from the General Fund (100) to the General Liability Fund (731):
a) 100-0000-90731 Transfer to General Liability $300,000
b) 731-0000-49100 Transfer from General Fund $300,000
3. Authorize additional appropriation in the General Liability Fund (731):
731-1301-55102 Legal Services $3...
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