HomeMy WebLinkAboutItem 13 - Second Amendment to Legal Services Agreement 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.
Legal Services Agreement with Nathan & Kamionski LLP
November 19, 2024
Page 2
4
6
6
4
Classification Current Hourly Rate Proposed Hourly Rate
Partners & Senior
Associates
$350/hour $325/hour
Associates $300/hour $300/hour
Paralegals $150/hour $125/hour
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and available in the following account for the current fiscal year
and will be budgeted in the following account for the following fiscal years:
Fiscal Year Accounting Unit-
Account #
Account
Description
Amount
FY 23-24 08009051-64050 Liability and
Property Ins Fund
$25,000
FY 24-25 08009051-64050 Liability and
Property Ins Fund
$250,000
FY 25-26 08009051-64050 Liability and
Property Ins Fund
$225,000
Total:$500,000
EXHIBIT(S)
1. Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP
Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager
1
SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT WITH
NATHAN & KAMIONSKI LLP
This Second Amendment is made and entered into on this 19th day of November, 2024, by and
between Nathan & Kamionski LLP, an Illinois limited liability company (“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. On May 7, 2024, the City and Attorneys entered into Agreement No. N-2024-171
(“Agreement”) to provide legal services to defend the City and certain individually named
Defendant 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. The Agreement is still in effect.
B. On June 4, 2024, the parties entered into a First Amendment to the Agreement (#A-2024-072)
to increase the compensation by an additional $450,000.00, for a total not to exceed amount
of $500,000.00.
C. City is a member of the Independent City Risk Management Authority (“ICRMA”).
Attorneys have notified City that they wish up update their rates match the hourly rates
consistent with other member cities, which are part of the ICRMA, to bring greater value to
ICRMA clients and ensure consistency. City and Attorneys agree that these rates are
consistent with the value provided by Attorneys.
D. The Parties now wish to amend the Agreement to update the hourly rates provided by
Attorneys. No other changes, including to the overall compensation noted in Recital B, are
contemplated by this Second Amendment.
The Parties therefore agree:
1. Section 2.b, Compensation for Services Rendered, is hereby amended to reflect the
following hourly rates: Partners ($325/hr.), Associates ($300/hr.), Paralegals ($125/hr.)
The revised rates will not affect the total not to exceed amount of $500,000.00.
2. Except as modified by this Second Amendment, all terms and conditions of the Agreement,
as amended, shall remain in full force and effect.
[Signatures on following page]
2
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the day
and year first above written.
ATTEST:
_________________________
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _________________________
TAMARA BOGOSIAN
Senior Assistant City Attorney
CITY OF SANTA ANA
____________________________
ALVARO NUÑEZ
City Manager
NATHAN & KAMIONSKI, LLP
______________________________
By:
Title: