03.07 Legal Services 1st Amendment Litigation DefensepFoRd .
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AGENDA ITEM
m.8.18
May 12, 2020
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Gary A. Sheatz, City Attorney
REVIEW: City Manage / Finance`
1. SUBJECT
First Amendment to Attorney Services Agreement with The Sohagi Law Group to provide
legal services related to litigation defense in the matterof Orange ParkAssociation v. City
of Orange.
2. SUMMARY
The City currently has an agreement with The Sohagi Law Group to provide legal services
in the matter of Orange Park Association v. City of Orange, for an amount not to exceed
30,000, which will soon be expended. The proposed First Amendment will increase the
not to exceed amount by $80,000, to a total amount not to exceed $110,000 without City
Council authorization.
3. RECOMMENDED ACTION
1. Approve a First Amendment to Attorney Services Agreement with The Sohagi Law
Group in the amount of $80,000 and authorize the Mayor and City Clerk to execute on
behalf of the City.
2. Authorize the appropriation of $80,000 from the General Fund unreserved fund
balance to expenditure account number 100.0301.51600.00000, General Fund — Legal
Services.
4. FISCAL IMPACT
The total expenditure for this amendment is $80,000 and will be funded through General
Fund (100).
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Expend fiscal resources responsibly.
ITEM 3 05/12/2020
6. DISCUSSION AND BACKGROUND
While the City Attorney's Office handles most litigation matters in-house, the City does
contract with outside counsel when the complexity of a case, or a significant burden to
staff time requires additional staffing expertise. The litigation in this case involves
allegations under the California Environmental Quality Act ("CEQA") and as is common
with CEQA litigation, requires the time consuming compilation of an extensive
administrative record. In addition, CEQA litigation is a document intensive process
involving technical issues and complex remedies, which are time consuming and would
over-burden in-house legal staff.
The City has retained the law firm of The Sohagi Law Group to provide legal services with
respect to litigation defense in the matter of Orange Park Association v. City of Orange.
The Sohagi Law Group provides services to public entities exclusively, specializing in
CEQA litigation.
Pursuant to the conditions of approval under the entitlements issued in the Trails at
Santiago Creek development project, the City will seek reimbursement of legal fees
related to the defense of the CEQA litigation.
7. ATTACHMENTS
First Amendment to Attorney Services Agreement
ITEM 2 OS/12/2020
FIRST AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS FIRST AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the "First
Amendment")is made and entered into as of 2020,by and between the CITY OF
ORANGE, a municipal corporation("City"), and THE SOHAGI LAW GROUP, a Professional Law
Corporation("Law Firm"),with reference to the following:
A. City and Law Firm entered into a Professional Services Agreement (Agreement No.
6951) dated as of February 25, 2020, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Law Firm desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by increasing the compensation.
NOW, THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein,all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Law Firm agree that all references in this First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3 Comnensation. The total not-to-exceed compensation for the services to be
rendered as set forth in Section II.A of the Original Agreement is increased by EIGHTY THOUSAND
DOLLARS and 00/100 ($80,000.00) and Section II.A is hereby amended in its entirety to read as
follows:
Law Firm's total compensation for all services performed under this Agreement, shall
not exceed ONE HiJNDRED TEN THOUSAND DOLLARS and 00/100($110,000.00)
without the prior written authorization of City."
Section 4. Inteeration. This First Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this First Amendment and the terms and provisions of the Original Agreement,the terms
and provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
IN WITNESS of this Agreement,the parties enter into this First Amendment on the year and
day first above written.
LAW FIRM" CITY"
THE SOHAGI LAW GROUP, CITY OF ORANGE, a municipal corporation
a Professional Law Corporation
By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Gary A. Sheatz, City Attorney