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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 21, 2020 <br />TITLE: <br />APPROVE AGREEMENT WITH BOIES <br />SCHILLER FLEXNER LLP FOR <br />SPECIALIZED LEGAL SERVICES IN AN <br />AMOUNT NOT TO EXCEED $350,000 <br />(GENERAL FUND) <br />/s/Kristine Ri <br />CITY MANAGER <br />CLERK OF COUNCIL USE ONLY: <br />F-ITUNT1.07iirs, <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1s' Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />RECOMMENDED ACTION <br />Authorize the City Manager to execute an agreement with the law firm of Boies Schiller Flexner <br />LLP ("BSF") for specialized legal services related to the matter entitled Cityof Santa Ana v. County <br />of Orange et al., United States District Court Case No. 8:20-cv-00069-DOC (KESx), for a three (3)- <br />year term, with an option to extend the agreement for up to two (2) one (1) year terms, in an amount <br />not to exceed $350,000, subject to non -substantive changes approved by the City Manager and <br />the City Attorney. <br />DISCUSSION <br />On January 13, 2020, following authorization by the City Council, the City of Santa Ana initiated <br />the above legal action against the County of Orange and the cities of Dana Point, San Clemente, <br />and San Juan Capistrano over those cities' alleged plans to transport homeless individuals in their <br />jurisdictions to the City of Santa Ana, and more generally, over the County's failure to provide <br />homeless shelters and services elsewhere than in Santa Ana, which has resulted in disproportional <br />burdens and impacts on Santa Ana. By the action, the City is seeking a more equitable sharing of <br />homelessness -related solutions and also reimbursement for its substantial efforts in this area over <br />the years. <br />While the cities are no longer parties to the action, the County remains a defendant. As alleged, <br />this case raises unique and sophisticated claims against the County and implicates various theories <br />of relief, including constitutional considerations. Additional claims and parties may be added as <br />well to increase the impact of the litigation. <br />BSF is a well -regarded, full -service law firm known for its creative, aggressive, and efficient efforts <br />on behalf of its clients, with offices in 14 U.S. cities and in London. BSF was selected from a pool <br />of several firms based on their resources, expertise, and understanding of the pertinent legal and <br />factual issues. BSF has agreed to a substantial discount of its hourly rate in this matter and has <br />agreed to donate any attorney's fees it may recover as part of the action to the City. In addition, <br />the firm will also provide the first 100 hours of service at no charge to the City. <br />25L-1 <br />