Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Approval of a Fourth Amendment to Agreement for Professional Services with Hanson Bridgett, LLP, in an Amount not to Exceed $100,000 for a Total Contract Amount of $370,000
REPORT IN BRIEF
Considers approving a Fourth Amendment to an Agreement for legal services with Hanson Bridgett, LLP in an amount not to exceed $100,000 for a total contract amount of $370,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Fourth Amendment to an Agreement for Professional Services with Hanson Bridgett LLP in an amount not to exceed $100,000; and,
B. 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 2024-25 Adopted Budget.
DISCUSSION
On July 3, 2023, the City entered into an Agreement for Professional Services (“Agreement”) with the law firm of Hanson Bridgett, LLP for legal services in support of the City Attorney’s Department. The initial budget allocation was $36,000. Although the City Attorney’s Department has 3 full-time employee attorney positions allocated in the FY 23-24 budget, the City Attorney position is the only one currently filled.
On September 18, 2023, the City entered into a First Amendment to Agreement for additional funding in the amount of $64,000. This First Amendment increased the not to exceed amount of the Agreement from $36,000 to $100,000.
On March 19, 2024, the City entered into a Second Amendment to Agreement for additional funding in the amount of $20,000. This Second Amendment increased the not to exceed amount of the Agreement from $100,000 to $120,000.
On April 15, 2024, the City entered into a Third Amendment to Agreement to exercise the first option to renew the term of the Agreement for one-year and for additional funding in the amount of $150,000. This Third Amendment increased the not to exceed amount of the Agreement from $120,000 to $270,000.
This allocation has been sufficient to cover legal services thus far. However, additional funding in the amount of $100,000 is necessary to ensure that funds are available for this firm’s assistance to the City Attorney’s Office for the rising costs of the City’s defense of Pitchess Motions filed against our Merced Police Officers. The additional compensation of $100,000.00 will be funded by the Police Department. This Third Amendment will increase the not to exceed amount of the Agreement from $270,000 to $370,000.
IMPACT ON CITY RESOURCES
Funding is available within the Police Department’s current fiscal year operating budget.
ATTACHMENTS
1. Fourth Amendment for Professional Services
2. Agreement for Professional Services
3. First Amendment to Agreement
4. Second Amendment to Agreement
5. Third Amendment to Agreement