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SR - AGR-6248.1 - LEGAL SERVICES LITIGATION DEFENSE1. SUBJECT 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. 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. and are in the process of also retaining law firm in the matter of Herco v. City of Orange. 1 3. RECOMMENDED ACTION I 1. Authorize the appropriation of $150,000 from the Liability unreserved fund balance to expenditure account number 740.0301.51600.00000, Liability -Legal Services; and 2. Approve and authorize the Mayor and City Clerk to execute the First Amendment to Attorney Services Agreement with Kutak Rock LLP. 14. FISCAL IMPACT Upon appropriation, funds will be available to cover the cost of the agreement as follows: 740.0301.51600.00000 Liability -Legal Services $150,000 5. STRATEGIC PLAN GOAL(S) 1. Be a fiscally healthy community Strategies: b) Expend fiscal resources responsibly. ITEM # 3-_1 1 7/12/16 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. and a second matter Herco v. City of Orange. 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. These litigation matters involve 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. 18. ATTACHMENTS • First Amendment to Attorney Services Agreement ITEM # 2 7/12/16 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. PAGE 4