03.06 Legal Services Agreement Amendment1. SUBJECT
First Amendment to Attorney Services Agreement with the law firm of Woodruff, Spradlin &
Smart to provide legal services related to litigation defense in the matter of The Estate of
Michael Perez v. City of Orange.
2. SUMMARY
The City currently has an agreement with Woodruff, Spradlin & Smart ( "Woodruff') for an
amount not to exceed $30,000.00 to provide legal services in the matter of The Estate of Michael
Perez v. City of Orange which will soon be expended. The proposed First Amendment will
increase the not to exceed amount by $60,000 from $30,000 to $90,000.
3. RECOMMENDED ACTION
Approve and authorize the Mayor and City Clerk to execute the First Amendment to Attorney
Services Agreement with Woodruff, Spradlin & Smart.
4. FISCAL IMPACT
Funds are available to cover the cost of the agreement as follows:
100.0301.51600.00000 Legal Services
$60,000
5. STRATEGIC PLAN GOAL(S)
Be a fiscally healthy community
Strategies:
b) Expend fiscal resources responsibly.
6. GENERAL PLAN IMPLEMENTATION
Not Applicable.
7. DISCUSSION and BACKGROUND
The City has retained the law firm of Woodruff, Spradlin & Smart to provide legal services with
respect to litigation defense in the matter of The Estate of Michael Perez v. City of Orange.
While the City Attorney's Office does handle most litigation matters, the City does contract with
outside counsel when the complexity or staff time burden requires such. These litigation matters
involve allegations of wrongful death, excessive force and civil rights allegations with numerous
parties and will be very time consuming for our in -house legal staff, which is why outside
counsel is being retained.
An amendment of the not to exceed amount is necessary to carry out an appropriate defense in
this case.
8. ATTACHMENTS 77771
• First Amendment to Attorney Services Agreement
ITEM # 2 4/10/18
CITY COUNCIL MINUTES APRIL 10, 2018
3. CONSENT CALENDAR (Continued)
3.6 First Amendment to Attorney Services Agreement with the law firm of Woodruff,
Spradlin & Smart to provide legal services related to litigation defense in the matter
of The Estate of Michael Perez v. City of Orange. (A2100.0; AGR- 6569.1)
ACTION: Approved and authorized the Mayor and City Clerk to execute the First
Amendment to Attorney Services Agreement with Woodruff, Spradlin & Smart.
3.7 Instructional Services Agreement between the Rancho Santiago Community College
District (District) and the City of Orange (City). (A2100.0; AGR -6589)
ACTION: Entered into a five -year Instructional Services Agreement between the District
and the City.
3.8 Agreement with Orange County Sheriff's Department Emergency Management
Bureau for Fiscal Year 2017 Emergency Management Performance Grant (EMPG);
and appropriation of funds. (A2100.0; AGR -6590)
ACTION: 1) Approved the agreement between the City of Orange and the Orange County
Sheriff s Department Emergency Management Bureau in an amount not -to- exceed
$20,359; and authorized the City Manager to execute the agreement on behalf of the City;
2) Accepted into the City's revenue budget a $20,359 grant from the Orange County
Sheriff's Department Emergency Management Bureau, into revenue account number
100.3021.45495.30099 Other Grant Revenue — EMPG Grant 2017; and
3) Authorized the appropriation of $20,359 into expenditure account number
100.3021.50221.30099 Overtime — Safety -EMPG Grant 2017.
3.9 Appropriation of Funds received from Rancho Santiago Community College District
(Santa Ana College) for Fire Department training hours. (C2500.H)
ACTION: Accepted into the City's revenue budget a $20,617.75 payment from Rancho
Santiago Community College District, into revenue account 100.3023.48210.20234 —
(Expense Reimbursement Santa Ana College Fire Training); and authorized the
appropriation of $20,617.75 into expenditure account 100.3023.51840.20234 — (Local -
training Santa Ana College).
3.10 Request to accept and appropriate into the City's revenue budget a $25,350 donation
from the Friends of the Orange Public Library (Friends). (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $25,350 donation from the Friends
into revenue account number 100.2001.48390.19990 (Friends Donations); and 2)
Authorized the appropriation of $25,350 into the following expenditure account numbers:
100.2001.53301.19990 — Library Books (Friends of the Library) $11,350
100.2016.51670.19990 — FOPL (Other Professional & Consulting) $6,000
100.2016.53340.19990 — Craft Supplies (Friends of the Library) $3,500
100.2017.53340.19990 — Craft Supplies (Friends of the Library) $4,500
$25,350
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