Report Prepared by: Stephanie R. Dietz, City Manager
Title
SUBJECT: Approval of a Retainer Agreement with Marderosian and Cohen to Provide Specialized Legal Services
REPORT IN BRIEF
Considers approving a Retainer Agreement with Marderosian and Cohen to represent the City in seeking recovery of any and all monetary damages suffered, past present and future as a result of the January 2023 flooding events emanating from Bear Creek and other related creeks, rivers, channels and flood control and irrigation facilities located in Merced County, California.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Retainer Agreement with Marderosian & Cohen to provide specialized legal services; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
Body
ALTERNATIVES
1. Approve, as recommend by Staff; or,
2. Approve, subject to other than recommended by Staff; or,
3. Deny; or,
4. Refer to Staff for reconsideration of specific items; or,
5. Continue to a future meeting.
AUTHORITY
Merced Municipal Code, Title 3, Article III, Purchases over Twenty-Five Thousand Dollars.
CITY COUNCIL PRIORITIES
As provided for in the FY 2023-24 Adopted Goals & Priorities
DISCUSSION
In response to the January 2023 Flood Event, City staff is requesting the City Council approve a professional services agreement with Marderosian & Cohen to provide specialized legal advice and assistance on the City’s recovery efforts related to damages caused by the recent flooding.
IMPACT ON CITY RESOURCES
None, at this time. The attorneys’ fees of 33% of the total recovery will only be due if the City prevails. Court costs must be paid as litigation progresses. However, a future cost sharing agreement will be presented to the City Council for the reimbursement of any necessary costs associated with potential litigation as directed by the City Council.
ATTACHMENTS
1. Retainer Agreement