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Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: First Amendment to Legal Services Agreements
AGENDA TITLE:
Approve First Amendments to Legal Services Agreements with Lewis Brisbois Bisgaard
& Smith LLP and Everett Dorey LLP Establishing Total Agreement Compensation and
Expanding Scope (General Fund)
RECOMMENDED ACTION
1. Authorize the Assistant City Manager to execute the First Amendment to Legal
Services Agreement with Lewis Brisbois Bisgaard & Smith LLP increasing the total
agreement compensation to $750,000 and increasing the scope of services to include
additional pending litigation subject to non-substantive changes approved by
Assistant City Manager and Chief Assistant City Attorney; and
2. Authorize the Assistant City Manager to execute the First Amendment to Legal
Services Agreement with Everett Dorey LLP increasing the total agreement
compensation to $400,000 and increasing the scope of services to include additional
pending litigation subject to non-substantive changes approved Assistant City
Manager and Chief Assistant City Attorney.
DISCUSSION
On November 8, 2021, the Santa Ana Police Officers Association and Gerry Serrano filed
a complaint in Orange County Superior Court against the City, the Santa Ana Police
Department, and four individually named City Defendants. The matter has since been
removed to federal court. On November 8, 2021, the Santa Ana Police Officers
Association and Doe Officers filed a complaint in Orange County Superior Court against
the City, Santa Ana Police Department, City Attorney’s Office and three individually
named City Defendants.
Lewis Brisbois Bisgaard & Smith LLP is a well-regarded, full-service national law firm and
the attorneys defending the litigation are experienced employment defense civil
litigators. Likewise, Everett Dorey LLP is a well-regarded, civil litigation defense firm
First Amendment to Legal Services Agreements
February 15, 2022
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located in Irvine. The attorneys defending the litigation are also experienced municipal
defense and employment civil litigators.
Initially, the City entered into $50,000 legal services agreements with Lewis Brisbois
Bisgaard & Smith LLP and Everett Dorey LLP under staff purchasing authority for the
vigorous defense of these two pending litigation matters. Based upon budgets prepared
by both law firms, the City Attorney’s Office is asking for a total not-to-exceed amount of
$750,000 for the Legal Services Agreement with Lewis Brisbois Bisgaard & Smith LLP
and a total not-to-exceed amount of $400,000 for the Legal Services Agreement with
Everett Dorey LLP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Specialized legal services during the terms of these Agreements will be paid out of the
Non-Departmental Professional Services (Account No. 01105015-62300). Future budget
adjustments may be necessary to provide for future year costs (Fiscal Years 22-23 and
thereafter).
Agreement with Lewis Brisbois Bisgaard & Smith LLP
Fiscal Year Accounting Unit-
Account #
Account
Description
Amount
FY 21-22 01105015-62300 Contract Services
Professional
$200,000
FY 22-23 01105015-62300 Contract Services
Professional
$250,000
FY 23-24 01105015-62300 Contract Services
Professional
$250,000
Total:$750,000
Agreement with Everett Dorey LLP
Fiscal Year Accounting Unit-
Account #
Account
Description
Amount
FY 21-22 01105015-62300 Contract Services
Professional
$125,000
FY 22-23 01105015-62300 Contract Services
Professional
$150,000
FY 23-24 01105015-62300 Contract Services
Professional
$75,000
Total:$400,000
First Amendment to Legal Services Agreements
February 15, 2022
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EXHIBIT(S)
1. First Amendment to Legal Services Agreement with Lewis Brisbois Bisgaard & Smith
LLP
2. First Amendment to Legal Services Agreement with Everett Dorey LLP
Submitted By: Laura Rossini, Chief Assistant City Attorney
Approved By: Steven Mendoza, Assistant City Manager
Page 1 of 2
FIRST AMENDMENT TO
LEGAL SERVICES AGREEMENT
WITH LEWIS BRISBOIS BISGAARD & SMITH
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of February,
2022, by and between Lewis Brisbois Bisgaard & Smith LLP [ (“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”). Consultant and City are also referred to herein as “Parties”
or individually as a “Party.”
RECITALS
A.On November 19, 2021, the City and Attorneys entered into a Legal Services Agreement
(“Agreement”) N-2021-254 for Attorneys to represent the City and certain individual City
defendants in pending litigation.
B.The parties desire to amend the Agreement to increase the compensation of the
Agreement, and to expand the scope of services to include additional pending litigation.
THE PARTIES THEREFORE AGREE:
1.Section 1, RETENTION OF ATTORNEYS, will be amended to add civil litigation
defense of employment related matters including, but not limited to, Santa Ana Police
Officers Association, et al. v. City of Santa Ana, et al. (Orange County Superior Court
Case No. 30-2021-01230134).
2.Section 2b, COMPENSATION, will be amended to increase total agreement
compensation from fifty thousand dollars ($50,000) to seven hundred and fifty
thousand dollars and zero cents ($750,000.00).
3.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 Steven Mendoza
Clerk of the Council Assistant City Manager
[Signatures continue on the next page]
EXHIBIT 1
Page 2 of 2
APPROVED AS TO FORM: LEWIS BRISBOIS BISGAARD & SMITH LLP
_____________________________ ____________________________
Laura A. Rossini Name:
Chief Assistant City Attorney Title:
Jeffrey S. Ranen
Partner
Page 1 of 2
FIRST AMENDMENT TO
LEGAL SERVICES AGREEMENT
WITH EVERETT DOREY LLP
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of February,
2022, by and between Everett Dorey LLP [ (“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”). Consultant and City are also referred to herein as “Parties” or individually as
a “Party.”
RECITALS
A. On December 3, 2021, the City and Attorneys entered into a Legal Services Agreement
(“Agreement”) N-2022-013 for Attorneys to represent an individual City defendant in
pending litigation.
B. The parties desire to amend the Agreement to increase the compensation of the
Agreement, and to expand the scope of services to include additional pending litigation.
THE PARTIES THEREFORE AGREE:
1. Section 1, RETENTION OF ATTORNEYS, will be amended to add civil litigation
defense of employment related matters including, but not limited to, Santa Ana Police
Officers Association, et al. v. (Orange County Superior Court Case No. 30-2021-
01230134).
2. Section 2b, COMPENSATION, will be amended to increase total agreement
compensation from fifty thousand dollars ($50,000) to four hundred thousand dollars and
zero cents ($400,000).
3. 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 Steven Mendoza
Clerk of the Council Assistant City Manager
[Signatures continue on the next page]
Page 2 of 2
APPROVED AS TO FORM: EVERETT DOREY LLP
_____________________________ ____________________________
Laura A. Rossini Name:
Chief Assistant City Attorney Title: