TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Gary A. Sheatz, City Attorney
1. SUBJECT
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Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services related to litigation defense in the matter of Christine Haynes v. City of Orange.
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2. SUMMARY
The City currently has an agreement and first amendment with Everett Dorey LLP to provide litigation services for the City's defense in the matter of Christine Haynes v. City of Orange, for an amount not to exceed $80,000, which will soon be expended. The proposed Second Amendment will increase the not to exceed amount by $100,000 for a total amount not to exceed $180,000.
3. RECOMMENDED ACTION
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1. Approve a Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $100,000 and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $100,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.
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4. FISCAL IMPACT
The total expenditure for this amendment is $100,000 and will be funded through General Fund (100).
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Expend fiscal resources responsibly.
6. DISCUSSION AND BACKGROUND
The City has retained the law firm of Everett Dorey, LLP, to provide legal services with respect to litigation defense in the matter of Christine Haynes v. City of Orange. This case was previously handled by in-house staff, however the attorney assigned to the case departed from city employment in late 2020. As a result, the case was transferred to the litigation defense firm.
While the City Attorney's Office handles most litigation matters, the City does contract with outside counsel when the specialized expertise, complexity, or burden on staff time requires such. This case involves allegations of catastr...
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