SR - AGR-6248.2 - SECOND AMENDMENT FOR LEGAL SERVICES RELATED TO LITIGATION DEFENSE1. SUBJECT
Second Amendment to Attorney Services Agreement with the law firm of Kutak Rock LLP to
provide for an additional $125,000 for legal services related to litigation defense for a total
amount not to exceed $375,000.
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 Herco v. City of
Orange.
3. RECOMMENDED ACTION
1. Approve and authorize the Mayor and City Clerk to execute the Second Amendment to
Attorney Services Agreement with Kutak Rock LLP.
4. FISCAL IMPACT
Funds are available to cover the cost of the amended agreement as follows:
740.0301.51600.00000 Liability -Legal Services $125,000
5. STRATEGIC PLAN GOAL(S)
1. Be a fiscally healthy community
Strategies:
b) Expend fiscal resources responsibly.
ITEM # 3-5 1 12/13/16
6. GENERAL PLAN IMPLEMENTATION 777771
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. Vargas - Ludwig is now completed however Herco v City of Orange is still being
defended. These litigation matters involve allegations of serious injury with numerous parties
and have been and will be very time consuming for our in -house legal staff which is why outside
counsel has been retained.
8. ATTACHMENTS _77:1
• Second Amendment to Attorney Services Agreement
ITEM # 2 12/13/16