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RES-8037 Amending Resolution No. 7761RESOLUTION NO. 8037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING RESOLUTION NUMBER 7761 BY ADDING EXHIBIT "B", LEGAL SERVICES AGREEMENT PROCEDURES, TO RESOLUTION NUMBER 7761. WHEREAS, the city Council of the City of Orange adopted Resolution No. 7761 authorizing regulations to facilitate the administering of City contracts requiring services of consultants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange amends Resolution No. 7761 by adding thereto Exhibit "B" (attached) regarding the policy and procedures for legal services. ADOPTED this 16th day of June , 1992. ATTEST: IJj Ltl'~ ()}e~~ City Clerk of the ~ity of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the city Council of the City of Orange at a regular meeting thereof held on the 16th day of June, 1992, by the following vote: AYES: COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 0,.r~ Q cJe?~y City Clerk~heYCi~ of Orange LAR:ld EXHIBIT "B" RESOLUTION NO. PURCHASING DIVISION GENERAL SERVICES DEPARTMENT POLICY/PROCEDURE LEGAL SERVICES AGREEMENT PROCEDURES SCOPE CITY ATTORNEY CITY MANAGER POLICY This policy establishes the procedure for selecting and approving special legal counsel. The policy recognizes that often a case or subject matter requires special legal expertise. In addition, there are instances when litigation or a project would involve attorney time in excess of in- house legal resources, involves a conflict of interest, or when a second opinion is required or requested. The engagement of such specialized legal services at the lowest price consistent with professional standards is the objective of this policy. This policy is divided into three categories: 1. year. Legal services costing under $10,000 per fiscal 2. Legal services costing between $10,000-$30,000 per fiscal year. 3. Legal services over $30,000 per fiscal year. GENERAL GUIDELINES APPLYING TO ALL CATEGORIES OF OUTSIDE LEGAL SERVICES AND AGREEMENTS 1. Selection of outside counsel should use a mix of firms and lawyers to create a competitive situation which will reduce legal costs. 2. The City Attorney's evaluation for selection of specialized legal counsel will review the lawyers knowledge, skills, experience, and hourly billing rate. 3. outside legal services will be obtained through retainer agreements prepared by the city Attorney. 4. The legal services agreements will be submitted to the city Manager, or his designee, for addition to the monthly report to the City Council provided by the City Manager. 5. Subsequent to approval by the City Council and or City Manager, executed copies of the legal services agreement shall be sent to: a. City Clerk for archival purposes (signed original copy). b. The General Services Department for attachment to the purchase requisition and purchase order. c. The Finance Department for the vendor file. d. The professional services contractor. 6. The Finance Department shall verify that funds are available under the appropriate expenditure account and that the payment does not exceed the aggregate amount authorized under the contract, or if an open-ended amount, does not exceed the maximum amount authorized under the above category that was used to select and approve the contract.7. Legal services agreements which are less than 30,000 per fiscal year, and which require additional services which will exceed this amount, other than any amendment or new agreement for the same fiscal year, shall be approved by the city Council.LEGAL SERVICES COSTING UNDER 10.000 PER FISCAL YEAR 1. Legal services agreements in which the estimated total is under $10,000, may be approved and executed by the City Attorney.LEGAL SERVICES COSTING BETWEEN 10.000 TO $30.000 PER FISCAL YEAR 1. Legal services in which the estimated total is between $10,000 to $30,000 may be approved by the City Attorney and City Manager.LEGAL SERVICES COSTING OVER 30.000 PER FISCAL YEAR 1.total is the City Legal services agreements in which the estimated over $30,000 per fiscal year, shall be approved by Council.