Report Prepared by: Craig J. Cornwell, City Attorney, City Attorney’s Department
Title
SUBJECT: Approval of Best, Best & Krieger Fifth Amendment, Liebert Cassidy Whitmore Second Amendment, Richards, Watson & Gershon Fourth Amendment, and Hanson Bridgett Agreement for a Total Amount not to Exceed $315,000.00
REPORT IN BRIEF
Approval of Best, Best & Krieger Fifth Amendment, Liebert Cassidy Whitmore Second Amendment, Richards, Watson & Gershon Fourth Amendment, and Hanson Bridgett Agreement for a total amount not to exceed $315,000.00.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Fifth Amendment to Agreement for Legal Services with Best, Best & Krieger, LLP for additional compensation in an amount not to exceed $70,000; and,
B. Approving a Second Amendment to Agreement for Special Services with Liebert Cassidy Whitmore for additional compensation in an amount not to exceed $45,000; and,
C. Approving a Fourth Amendment to Agreement for Legal Services with Richards, Watson & Gershon for additional compensation in an amount not to exceed $50,000; and,
D. Approving a three-year Agreement with Hanson Bridgett, LLP for an amount not to exceed $150,000; and,
E. Authorizing the City Manager to execute the necessary documents.
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 2025-26 Adopted Budget.
DISCUSSION
The following amendments to the current outside legal counsel agreements with Best, Best & Krieger, Liebert Cassidy Whitmore, and Richards, Watson & Gershon and new agreement with Hanson Bridgett, LLP are requested as follows:
Best, Best & Krieger, LLP’s Fifth Amendment Request
On May 5, 2022, the City entered into an Agreement for Legal Services (“Agreement”) with the law firm of Best, Best & Krieger, LLP (“BBK”) in the amount of $25,000 for ERMA covered claims and labor and employment matters pursuant to the City Manager’s contract authority.
On February 6, 2023, the City and BBK entered into a First Amendment to Agreement for additional funding in the amount of $55,000. This increased the not to exceed amount of the Agreement from $25,000 to $80,000.
On April 15, 2024, the City and BBK entered into a Second Amendment to Agreement for additional funding in the amount of $10,000. This increased the not to exceed amount of the Agreement from $80,000 to $90,000.
On August 5, 2024, the City and BBK entered into a Third Amendment to Agreement for additional funding in the amount of $50,000. This increased the not to exceed amount of the Agreement from $90,000 to $140,000.
On February 17, 2026, the City and BBK entered into a Fourth Amendment to Agreement for additional funding in the amount of $50,000. This increased the not to exceed amount of the Agreement from $140,000 to $190,000.
Additional funding in the amount of $70,000 is necessary to ensure that funds are available for this firm’s assistance to the City for ERMA covered claims and labor and employment matters. This Fifth Amendment will increase the not to exceed amount of the Agreement from $190,000 to $260,000.
Liebert Cassidy Whitmore Second Amendment Request
On September 7, 2023, the City entered into an Agreement for Special Services (“Agreement”) with the law firm of Liebert Cassidy Whitmore (“LCW”) for legal services in support of the City’s labor contract negotiations and employee related legal matters in the amount of $100,000.
On August 5, 2024, the City and LCW entered into a First Amendment for additional funding in the amount of 150,000. This increased the not to exceed amount of the Agreement from $100,000 to $250,000.
This allocation has been sufficient to cover legal services thus far. However, additional funding in the amount of $45,000 is necessary for continuing legal services in support of the ongoing labor negotiations and employee-related legal matters. This Second Amendment will increase the not to exceed amount of the Agreement from $250,000 to $295,000.
Richards, Watson & Gershon Fourth Amendment Request
On February 20, 2024, the City entered into a Legal Services Agreement with Richards Watson & Gershon (“RWG”) to provide assistance to the City Attorney on general municipal law advisory and transactional matters in the amount of $125,000.
On April 15, 2024, the City and RWG entered into a First Amendment to Agreement for additional funding in the amount of $70,000. This increased the not to exceed amount of the Agreement from $125,000 to $195,000.
On June 16, 2025, the City and RWG entered into a Second Amendment to Agreement for additional funding in the amount of $36,000. This increased the not to exceed amount of the Agreement from $195,000 to $231,000.
On February 17, 2026, the City and RWG entered into a Third Amendment to Agreement for additional funding in the amount of $60,000. This increased the not to exceed amount of the Agreement from $231,000 to $291,000.
This allocation has been sufficient to cover legal services thus far. However, additional funding in the amount of $50,000 is necessary for continuing legal services in support of the City Attorney’s Office. This Fourth Amendment to Agreement will increase the not to exceed amount of the Agreement from $291,000 to $341,000.
Hanson Bridgett, LLP Agreement
On July 3, 2023, the City entered into an Agreement with the law firm of Hanson Bridgett, LLP (“HB”) for legal services in support of the City Attorney’s Department. This agreement expires on June 30, 2026.
The legal services provided by HB have been invaluable to the City and our office desires to continue utilizing HB’s specialized legal services. The proposed agreement is a three-year term with the option to renew for two additional one-year terms for a not to exceed amount of $150,000.
IMPACT ON CITY RESOURCES
Funding for these services is available within the City Attorney’s current fiscal year operating budget.
ATTACHMENTS
1. Fifth Amendment for Best, Best & Krieger
2. Second Amendment for Liebert Cassidy Whitmore
3. Fourth Amendment for Richards Watson & Gershon
4. Agreement for Hanson Bridgett