Report Prepared by: Craig J. Cornwell City Attorney
Title
SUBJECT: Approval of a Supplemental Appropriation in the Amount of $150,000 from the General Fund Unreserved, Unencumbered Fund Balance to Fund the First Amendment to Agreement for Special Services with Liebert Cassidy Whitmore for Labor Contract Negotiations and Employee Related Legal Services
REPORT IN BRIEF
Considers approving a supplemental appropriation from General Fund Unreserved, unencumbered Fund Balance in the amount of $150,000 to fund the law firm of Liebert Cassidy Whitmore’s continued representation of the City of Merced in matters related to labor contract negotiations and employee related legal services and authorize the City Manager to execute a First Amendment to Special Services Agreement with Liebert Cassidy Whitmore.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the supplemental appropriation from General Fund unreserved, unencumbered fund balance in the amount of $150,000 in the City Attorney Division, to fund ongoing legal expenses related to labor contract negotiations and employee related legal services; and,
B. Approving a First Amendment to an Agreement for Special Services with Liebert Cassidy Whitmore in an amount not to exceed $150,000; and,
C. Authorizing the City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make necessary budget adjustments.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to conditions other than as recommended by staff; or,
3. Deny; or,
4. Continue to a future meeting.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2024-2025 Adopted Budget.
DISCUSSION
On September 7, 2023, the City entered into an Agreement for Special Services (“Agreement”) with the law firm of Liebert Cassidy Whitmore for legal services in support of the City’s labor contract negotiations and employee related legal matters in the amount of $100,000. This allocation has been sufficient to cover legal services thus far. However, additional funding in the amount of $150,000 is necessary for continuing legal services in support of the ongoing labor negotiations and employee related legal matters. This First Amendment will increase the not to exceed amount of the Agreement from $100,000 to $250,000.
IMPACT ON CITY RESOURCES
A supplemental appropriation from General Fund unreserved, unencumbered fund balance in the amount of $150,000 to fund ongoing legal expenses related to labor contract negotiations and employee related legal services.
This will require an affirmative vote of 5 Council Members to pass. If it does not pass, there is no funding available for the First Amendment to Agreement for Special Services with Liebert Cassidy Whitmore.
ATTACHMENTS
1. First Amendment for Special Services