Report Prepared by: Stephanie R. Dietz, City Manager
Title
SUBJECT: First Amendment to the Agreement with Berliner Cohen, LLP. to Allow for Interim City Attorney Legal Services
REPORT IN BRIEF
Considers the approval of the first amendment to the agreement with Berliner Cohen, LLP to allow for Interim City Attorney legal services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the first amendment to the agreement for Interim City Attorney legal services with Berliner Cohen, LLP, and;
B. Authorizing the City Manager or designee to execute the first amendment to the agreement for Interim City Attorney legal services with Berliner Cohen, LLP.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Provide direction on specific revisions to the Agreement; or,
3. Request additional information; or,
4. Continue the matter to a certain date; or,
5. Decline to take action.
AUTHORITY
Charter of the City of Merced, Sections 200 and 603
CITY COUNCIL PRIORITIES
N/A
DISCUSSION
On June 2, 2021, Ms. Phaedra Norton provided her conditional notice to the City Council, accepting a position as the City Attorney of the City of Riverside. Subsequently, on June 22, 2021, the Riverside City Council approved Ms. Norton’s employment agreement providing the appropriate action for a formal resignation. The City of Merced is grateful to Ms. Norton for her service over the past 2 ½ years and fully supports her in her future endeavors.
In anticipation of the City Council accepting Ms. Norton’s resignation, staff are recommending that the current Agreement with the law firm, Berliner Cohen, LLP., hereafter Berliner Cohen, be amended to allow for Interim City Attorney services and other legal services as needed for the City. The recommended contract provides for an average of 65 hours per month, at a rate of $19,500 per month. Approving the First Amendment to the Agreement for Interim City Attorney Services allows for continuity of services for the City of Merced and continues the longstanding positive relationship between the City and Berliner Cohen established in 2016.
IMPACT ON CITY RESOURCES
The anticipated monthly cost of the Interim City Attorney Services is $19,500. Due to the City Attorney vacancy, sufficient salary savings are available in the City Attorney’s current budget. No supplemental appropriation is requested at this time.
ATTACHMENTS
1. First Amendment to the Agreement for Interim City Attorney Services
2. Original Agreement with Berliner Cohen, LLC