TITLE:
title
PROPOSED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR EVERETT DOREY, LLP FOR LEGAL SERVICES
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DEPARTMENT: CITY ATTORNEY’S OFFICE
PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: KIMBERLY HALL BARLOW, CITY ATTORNEY (714) 754-5399
RECOMMENDATION:
recommendation
Staff recommends the City Council approve the proposed First Amendment to the Professional Services Agreement for Everett Dorey, LLP for legal services and determine the effective date of the amendment, and authorize the City Manager and the City Clerk to execute the amendment.
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BACKGROUND:
On February 19, 2019, the City Council retained Everett Dorey, LLP to assist the City in defending against litigation brought by a number of living homes against the City, as well as to seek abatement of illegally operating group homes who failed and refused to operate within the legal requirements of the City’s municipal codes. The original agreement is provided as Attachment 1. The agreement does not contain an end date; however, it does allow the City to evaluate the performance of the consultant, and to terminate the agreement if performance of the consultant is deemed unsatisfactory.
ANALYSIS:
The proposed amendment would increase the hourly rate for partners from $265 to $365, associates from $250 to $315 and paralegals from $120 to $140. Since the original agreement was approved, Everett Dorey has successfully defended multiple cases and obtained injunctions and judgments against unpermitted homes. They have not had an increase in their hourly rates since the agreement was approved in early 2019.
Everett Dorey has requested that the proposed increases be approved retroactive to September 2, 2025.
ALTERNATIVES:
The City Council could approve the amendment effective on approval or retroactively effective as requested. The City Council could deny approval of the amendment; however, this alternative is not recommended.
FISCAL REVIEW:
The City has utilized services from Everett Dorey, LLP in an amount of approximately $108,000 annually, over the past three fiscal years. The amendment is estimated to increase the contract by 27%, or have an impact of an additional $29,000 annually, but may vary depending on usage. Funding for this agreement is budgeted in Non-Departmental in the General Fund (Fund 101).
LEGAL REVIEW:
The City Attorney prepared this report and the proposed amendment.
CITY COUNCIL GOALS AND PRIORITIES:
This item achieves City Council goals:
1. Strengthen the public’s safety and improve the quality of life.
2. Diversify, stabilize and increase housing to reflect community needs.
CONCLUSION:
Staff recommends the City Council approve the proposed First Amendment to Professional Services Agreement for Everett Dorey, LLP, determine the effective date of the amendment, and authorize the City Manager and the City Clerk to execute the Amendment.