Report Prepared by: Stephanie R. Dietz, City Manager
Title
SUBJECT: Approval and Ratification of an Agreement with Lozano Smith to Allow for City Attorney Legal Services
REPORT IN BRIEF
Considers the ratification of the agreement with Lozano Smith, LLP to allow for City Attorney legal services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving and ratifying the agreement for City Attorney legal services with Lozano Smith, LLP, and;
B. Approving a Supplemental Appropriation in the General Fund in the amount of $161,000 to cover the cost of the City Attorney agreement for the remainder of the Fiscal Year.
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. To ensure the continuity of legal services for the City of Merced, the City Council appointed Mrs. Kim Flores as Interim City Attorney on July 6, 2021.
A search immediately began for a full-time in-house City Attorney, with the interview process taking place in October and November of 2021. Unfortunately, the recruitment process was unsuccessful. The City Council chose to continue the search, allowing for dual processes of soliciting proposals from legal firms and accepting applications for a full-time appointment. Interviews were held on April 8, 2022. This process concluded with the selection of Lozano Smith, LLP. City Council’s decision was formalized on May 2, 2022.
The City Attorney legal services contract with Lozano Smith, LLP provides for 250 hours per month, and extended hours of up to 320 with City Manager and Finance Officer approval. The estimated monthly rate of services is $80,500, including negotiated travel expenses. The contract will run for an initial period of 12 months, with two one-year options for extension. It also allows for quarterly workflow reviews with the City Council.
IMPACT ON CITY RESOURCES
The anticipated monthly cost of the City Attorney Services is $80,500 including travel costs. A Supplemental Appropriation from the General Fund in the amount of $161,000 is needed to cover the cost of the agreement for the remaining two months of the Fiscal Year. Future funding of the agreement will be included in the FY 2022/23 City Manager Recommended Budget.
ATTACHMENTS
1. Agreement with Lozano Smith, LLP