SR - AGR-6248 - LEGAL SERVICES LITIGATION DEFENSEAGENDA ITEM
August 11, 2015
�t N7 Y CP
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
Interim City Manager
FROM: Wayne W. Winthers �4 A-"
City Attorney
ReviewedNerified By:
City Manager
Finance Director
To Be Presented By:
Wayne W. Winthers
X Cons Calendar
City Mgr Rpts
Council Reports
Legal Affairs
Boards /Cmtes
Public Hrgs
Admin Reports
Plan/Environ
1. SUBJECT
Attorney Services Agreement with the law firm of Kutak Rock LLP to provide legal services
related to litigation defense in an amount not to exceed $100,000.
2. SUMMARY
The City retained Kutak Rock LLP ( "Kutak ") to provide services in connection with litigation
defense in the matter of Sergio Vargas- Ludwig v. City of Orange, et. al.
3. RECOMMENDED ACTION
Approve and authorize the Mayor and City Clerk to execute the Agreement with Kutak Rock
LLP.
4. FISCAL IMPACT
Funds are available in the following account: 100.0301.51600, Legal Services, $100,000.
5. STRATEGIC PLAN GOAL(S)
Be a fiscally healthy community
Strategies:
b) Expend fiscal resources responsibly.
ITEM # 3.8 1 8/11/15
6. GENERAL PLAN IMPLEMENTATION
Not Applicable.
7. DISCUSSION and BACKGROUND
The City has retained the law firm of Kutak Rock LLP to provide legal services with respect to
litigation defense in the matter of Sergio Vargas- Ludwig v. City of Orange, et. al. While the
City Attorney's Office does handle most tort liability matters, the City contracts with outside
counsel when the complexity or staff time burden requires such. This litigation involves
allegations of serious injury with numerous parties and will be very time consuming for our in-
house legal staff which is why outside counsel is being retained.
8. ATTACHMENTS
• Attorney Services Agreement
CITY COUNCIL MINUTES
AUGUST 11, 2015
3.6 Fourth and Final Amendment to Agreement with Siemens Industry, Inc./Republic
Intelligent Transportation Services to provide Emergency Response Services for
traffic signals and street lighting maintenance. (A2100.0 Agr- 5713.4)
ACTION: Approved fourth and final Amendment to Contract AGR -5713 with Siemens
Industry, Inc. /Republic Intelligent Transportation Services (ITS) in an amount not to
exceed $40,000 to provide emergency response services for traffic signals and street
lighting maintenance services within the City, and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7 Third Amendment to Contract with Commercial Aquatic Services, Inc. for an
amount not to exceed $35,354.80 in FY 15 -16. (A2100.0 Agr- 5576.A.3)
ACTION: Approved the contract and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.8 Attorney Services Agreement with the Law Firm of Kutak Rock LLP to provide Legal
Services related to Litigation Defense in an amount not to exceed $100,000. (A2100.0
Agr -6248)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.9 Award of Consultant Services Agreement to Raftelis Financial Consultants for
preparing the Sanitation Rate Study. (A2100.0 Agr -6249)
ACTION: Awarded the contract in the amount of $38,638.00 to Raftelis Financial
Consultants and authorized the Mayor and City Clerk to execute on behalf of the City.
3.10 Updated Agreement between Wittman Enterprises and the City of Orange for
Emergency Medical Services (EMS) Transportation Program billing services.
(A2100.0 Agr -6250)
ACTION: Authorized the Mayor and City Clerk to execute a Professional Services
Agreement between the City of Orange and Wittman Enterprises.
3.11 Consultant Services Agreement between Bureau Veritas North America, Inc. and the
City of Orange for Plan Review Services for Fiscal Year 2015 -16. (A2100.0 Agr -
3100.L)
ACTION: Approved the renewed agreement between the City of Orange and Bureau
Veritas North America, Inc. in an amount not to exceed $70,000 for Fiscal Year 2015 -16
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12 Number not used.
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CITY COUNCIL MINUTES JULY 12, 2016
3. CONSENT CALENDAR (Continued)
3.5 Award of Consultant Services Agreement to Annealta Group for as- needed
Construction Inspection Services. (A2100.0; Agr -6365)
ACTION: Awarded a contract to Annealta Group, and authorized the Mayor and City Clerk
to execute on behalf of the City.
3.6 Number not used.
3.7 First Amendment to Attorney Services Agreement with the law firm of Kutak Rock
LLP to provide for an additional $150,000 for legal services related to litigation
defense for a total amount not to exceed $250,000. (A2100.0; Agr -6248)
ACTION: Authorized the appropriation of $150,000 from the Liability unreserved fund
balance to expenditure account number 740.0301.51600.00000 Liability -Legal Services;
and approved and authorized the Mayor and City Clerk to execute the First Amendment to
Attorney Services Agreement with Kutak Rock LLP.
3.8 Lease Agreement with the East Orange County Water District to ground lease the
McPherson Resource Center located at 210 N. McPherson Road. (A2100.0; Agr -6366)
ACTION: Approved the Lease Agreement between the City of Orange and East Orange
County Water District; and authorized the Mayor to execute and the City Clerk to attest to
the Lease Agreement on behalf of the City.
APPROPRIATIONS
3.9 Appropriation of Donation from the Orange Public Library Foundation (OPLF) of
$30,000. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $30,000 donation from OPLF into
revenue Account No. 100.2001.48390.19322 (Library Foundation Donations); and 2)
Appropriated the donation into the following expenditure accounts:
100.2001.53301.19322 - OPLF (Book Budget) $13,500
100.2004.55131.19322 - OPLF (Furniture & Machinery -Tech) $5,000
100.2016.53340.19322 — OPLF (Craft Supplies- Adult) $1,000
100.2016.55131.19322 - OPLF (Furniture & Machinery - Adult) $7,500
100.2017.51670.19322 — OPLF (Other Professional & Consulting) $3.000
$30,000
BIDS
3.10 Bid No. 167 -02; Approval of plans and specifications, and authorization to advertise
for bids for construction of Fiscal Year 2015 -16 (FY16) Community Development
Block Grant (CDBG) Alley and Street Improvements Project: Highland
Neighborhood Streets and Alleys. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG FY16 Alley and Street Improvements Project.
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