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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 1, 2020 <br />TITLE: <br />APPROVE AMENDMENT TO AGREEMENT <br />WITH KING & SPALDING LLP FOR <br />SPECIALIZED LEGAL SERVICES IN AN <br />AMOUNT NOT TO EXCEED $850,000 <br />(GENERAL FUND) <br />/s/ Kristine Ri <br />CITY MANAGER <br />CLERK OF COUNCIL USE ONLY: <br />F-ITUBT156TRI191 <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1" Reading <br />❑ Ordinance on 2i1 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 amendment to the agreement with the law firm of King <br />& Spalding LLP for specialized legal services related to the matter entitled City of Santa Ana V. <br />County of Orange et al., United States District Court Case No. 8:20-cv-00069-DOC (KESx), to <br />increase the amount to be expended under the agreement from $350,000 to $850,000, subject to <br />non -substantive changes approved by the City Manager and 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 important and sophisticated claims against the County and implicates various <br />theories of relief. <br />On April 21, 2020, the Council approved a contract with the law firm of Boies Schiller Flexner LLP <br />("BSF") for a three-year term, with an option to extend the agreement for up to two years. The <br />Council subsequently approved for assignment to the law firm of King & Spalding LLP, on May 5, <br />2020, following the transition of the BSF team to King & Spalding. King & Spalding continues to <br />provide the City with a seamless legal representation. <br />Due to the complex and ongoing nature of the litigation, additional compensation detailed in the <br />amendment for $350,000 is required to meet the City's goals. Under the amendment, the total <br />amount to be expended for this agreement shall not exceed $850,000. <br />25K-1 <br />