Item 13 - Second Amendment to Legal Services Agreement

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City Attorney’s Office www.santa-ana.org/city-attorneys-office Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 19, 2024 TOPIC: Legal Services Agreement with Nathan & Kamionski LLP AGENDA TITLE Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to Amend Hourly Rates RECOMMENDED ACTION Approve Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325 and Paralegals from $150 to $125 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On May 7, 2024, the City engaged the law firm of Nathan & Kamionski LLP to provide legal services to defend the City and individually named employees in the matter of Ramon Alvarez v. City of Santa Ana, et al, United States District Court Case No. 8:24- cv-00516-DMG-KS. Nathan & Kamionski was selected by the City after staff issued requests for proposals to firms which specialize in civil rights defense cases for public entities. Agreement No. N-2024-171 (“Agreement”) is in effect through May 5, 2026. Initial engagement was done to have the firm immediately represent the City and individually named employees at an amount no greater than allowed under the City Manager’s Authority of $50,000. On June 4, 2024, the parties entered into a First Amendment to the Agreement (A-2024-072) to increase the compensation by an additional $450,000, for a total not to exceed amount of $500,000. The City is a member of the Independent City Risk Management Authority (“ICRMA”). Nathan & Kamionski LLP has notified the City they wish to proactively reduce their rates to match the hourly rates consistent with other member cities, which are part of ICRMA, to bring greater value to ICRMA clients and ensure consistency, as detailed below.