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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 PAGE 5