CC - Agendas - City Council - WORKSHOP - 10/28/2008

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COUNCIL AGENDA MEMO — October 28, 2008 DEPARTMENT: Legal AGENDA ITEM: Approval of Contract for Legal Services in Brogdon v. City of Prescott Approved Bv: Date: Department Head: Gary D. Kidd, City Attorney 6, 1 L710/28/08 Finance Director: Mark Woodfill City Manager: Steve Norwood /O17o, g Background The Legal Department is seeking the approval of a contract for $50,000 for additional outside legal counsel services to be provided by local attorney, Jim Simmons. Mr. Simmons will serve as co -counsel at the trial of the case of Brogdon v. City of Prescott. The trial will occur over six days from November 4 -14, with recesses. The Legal Department originally entered into a $10,000 contract with Mr. Simmons for him to provide additional advice and evaluate the merits of settlements proposed during the mediation of this case. Because the City Council did not approve the proposed settlements, the case will proceed to trial. Because of the number of expert witnesses that the parties will have testify at trial, and the large volume of medical records to be reviewed and used as exhibits at trial, the Legal Department has sought an expanded role for Mr. Simmons as co - counsel at the trial. Mr. Simmons is an insurance defense and personal injury lawyer with considerable local jury experience in cases of this nature. He has been certified by the State Bar of Arizona as a personal injury specialist for a number of years. Mr. Simmons' expanded role as co -counsel at trial requires an additional $50,000 contract for his services in that role at trial. Fiscal Impact: Sufficient funds have been budgeted and exist in the Risk Management fund 15- 88500-413 for FY09 to provide for this contract. Recommended Action: MOVE to approve contract in the amount of $50,000 for legal services to be provided by Jim Simmons. 1