TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Nathalie Adourian, City Attorney
1. SUBJECT
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Attorney Services Agreement with Bordin Semmer, LLP to provide legal services relating to litigation defense in the matter of Ayoleone Amani Bufkin, et al. v. Vista Del Rio Housing Partners LP, et al.
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2. SUMMARY
The agreement with Bordin Semmer, LLP for an amount not to exceed $350,000 is for legal services for the City's defense in the matter of Ayoleone Amani Bufkin, et al. v. Vista Del Rio Housing Partners LP, et al.
The City has self-insured retention in the amount of $350,000, including costs, attorney fees, and damages associated with the litigation. After this amount is expended, the City's insurance with the California Insurance Pool Authority will reimburse the City for any additional costs and expenses, including any damages after the case has been concluded.
3. RECOMMENDED ACTION
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Approve the Attorney Services Agreement with Bordin Semmer, LLP in the amount of $350,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
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4. FISCAL IMPACT
The expense for this agreement is $350,000 and will be funded through:
731-1301-55102 Legal Services.
This money has already been budgeted for in the City Attorney's budget and will not constitute any new money costs for the City.
5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.
6. DISCUSSION AND BACKGROUND
Plaintiffs Ayoleone Amani Bufkin and Leslie Howard allege that on May 1, 2023, Defendant Irvin Garcia was operating a vehicle driving southbound on the City Drive South, entered the parking lot of the Vista Del Rio Apartment complex at a high rate of speed and collided head-on into an unprotected ground floor apartment causing injuries to both Plaintiffs. In their complaint, Plaintiffs allege a dangerous condition of public property. Plaintiffs claim there...
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