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Home My WebLink About25A - AGMT LITIGATION DEFENSEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2019 TITLE: APPROVE AMENDMENT TO LEGAL SERVICES AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH CARPENTER, ROTHANS & DUMONT TO INCREASE HOURLY BILLING RATE TO $225/HOUR FOR GENERAL LIABILITY AND POLICE LITIGATION DEFENSE MATTERS (STRATEGIC PLAN NO. 1, 3, 4, 5) &ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Carpenter, Rothans & Dumont, ("CRD") for litigation matters concerning general liability and police litigation defense, effective October 1, 2019, subject to non -substantive changes approved by the City Manager and the City Attorney. The amendment reflects a change in the CRD hourly billing rate from $200 to $225 per hour effective October 1, 2019. While the hourly rate will increase by $25/hour, the overall appropriation for Agreement (A-2017-070), approved by the Council on April 18, 2017, will remain the same. DISCUSSION Since November 21, 2006, the law firm of Carpenter, Rothans & Dumont (CRD) has provided special legal counsel services to the City. The City Council approved the continuation of these services with the City for a three-year term from April 18, 2017 through April 17, 2020. The Agreement is current and in effect. The firm, headquartered in Los Angeles, specializes primarily in police litigation defense services in both federal and state court with an emphasis in civil rights matters involving public safety employees. Mr. Rothans, one of the founding partners of the firm, has practiced law for over thirty years, frequently serves as a Judge Pro Tern and specializes in defending police officers in complex civil rights, police practices, and wrongful death lawsuits involving allegations of excessive force. The 25A-1 Amendment to Legal Services Agreement — Carpenter, Rothans & Dumont September 3, 2019 Page 2 attorneys at the firm are known for their tenacity, knowledge of the law, and attention to detail. In the last ten years, Mr. Rothans with the support of other GIRD partners, obtained defense verdicts at trial in two matters, Cody Hernandez v. City of Santa Ana and Ignacio Leon v. City of Santa Ana. In both cases, the plaintiffs alleged that Santa Ana police officers used excessive force and violated the plaintiffs' civil rights. Many of the partners at the firm have argued before both the California Supreme Court and the Ninth Circuit Court of Appeals. CRD attorneys have successfully defended numerous cities and their police departments throughout Southern California including Anaheim, Fullerton, Pomona and Hawthorne. The firm has provided consistently good service to the City at a competitive rate. This latest contract includes a modest increase for a newly blended rate for partners and associates of $225 an hour. This rate remains below standard industry rates for public entity defense. The City Attorney's Office supports the rate increase. While the hourly rate will increase by $25/hour, the overall appropriation for this Agreement will remain the same. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Goal No. 3 Economic Development, Goal No. 4. Government Financial Stability, and Goal No. 5 Community Health, Livability, Engagement and Sustainability. FISCAL IMPACT Special counsel legal services for this Agreement and the proposed amendment will be paid out of the Risk Management Liability Fund (Account No. 08009061-62300) for the remainder of the term for previously approved contractual legal services. There will be no increase in funds to the Agreement. APPROVED AS TO FUNDS AND ACCOUNTS: Sonia R. Ca alho Kathryn Downs, CPA City Attorneyl Executive Director City Attorne s Office (� Finance and Management Services Agency Executive Director Human Resources Department #7619v4 Exhibit: 1. First Amendment for Legal Services Agreement for Carpenter, Rothans & Dumont 25A-2 FIRST AMENDMENT TO LEGAL COUNSEL SERVICES AGREEMENT WITH CARPENTER, ROTHANS & DUMONT, LLP THIS FIRST AMENDMENT TO AGREEMENT is entered into on this 3`d day of September 2019, by and between Carpenter, Rothans & Dumont ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement #A-2017-070 dated April 18, 2017 ("Agreement") by which Attorneys agreed to provide City with Legal Services and related matters for a three (3) year term through April 17, 2020. The Agreement is current and in effect. B. Attorneys have advised that their hourly billing rates were raised and effective October 1, 2019, they will be implementing those rates. As a result, the parties agree to amend the current Agreement for legal services to reflect Attorneys' new rates effective October 1, 2019. The increase in the hourly rates will not increase the not -to -exceed compensation amount provided in the Agreement. Now, therefore, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: THE PARTIES THEREFORE AGREE: I. Section 2, COMPENSATION, shall be amended to increase the hourly billing rate by $25/hour from $200 an hour to $225 an hour for attorney billing effective October], 2019. Therefore, the new hourly attorney -billing rate will be $225 an hour during the remainder of the term of the Agreement and any extensions thereto. The parties agree and understand that this increase in the hourly billing rate will not affect the not -to -exceed amount referenced in the Agreement. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia R. alho, ity Attomey y: SiVidra M. Schwarzmann Senior Assistant City Attorney KRISTINE RIDGE City Manager CARPENTER ROTHANS & DUMONT By: Steven J. Rothans, Esq. Title: Partner N7633v2 y , 25A-4