File #: 18-023    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 1/9/2018 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 1/16/2018 Final action: 1/16/2018
Title: SUBJECT: Consideration of the Second Amendment to the Berliner Cohen, LLP Contract for Interim City Attorney and Interim Legal Services REPORT IN BRIEF Consider authorizing a Second Amendment to the Agreement with Berliner Cohen, LLP to provide Interim City Attorney Services. RECOMMENDATION City Council - Adopt a motion: A. Approving the Second Amendment to the Agreement for Interim Legal Services for Interim City Attorney Services with Berliner Cohen, LLP, and; B. Approving a Supplemental Appropriation from the General Fund unencumbered, unreserved Fund Balance and authorizing the Interim Finance Officer to make the necessary budget adjustments, and; C. Authorizing the City Manager or Assistant City Manager to execute the Second Amendment to the Agreement for Interim Legal Services with Berliner Cohen, LLP.
Attachments: 1. Second Amendment BC Contract, 2. First Amendment BC Contract.pdf, 3. BC Contract.pdf
Report Prepared by: Stephanie Dietz, Assistant City Manager

Title
SUBJECT: Consideration of the Second Amendment to the Berliner Cohen, LLP Contract for Interim City Attorney and Interim Legal Services

REPORT IN BRIEF
Consider authorizing a Second Amendment to the Agreement with Berliner Cohen, LLP to provide Interim City Attorney Services.

RECOMMENDATION
City Council - Adopt a motion:

A. Approving the Second Amendment to the Agreement for Interim Legal Services for Interim City Attorney Services with Berliner Cohen, LLP, and;

B. Approving a Supplemental Appropriation from the General Fund unencumbered, unreserved Fund Balance and authorizing the Interim Finance Officer to make the necessary budget adjustments, and;

C. Authorizing the City Manager or Assistant City Manager to execute the Second Amendment to the Agreement for Interim 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
Following the departure of the former City Attorney, the City was in need of appointing a City Attorney to provide the services required by Section 603 of the City Charter. Around the same time, the City's Senior Deputy City Attorney position became vacant, which left one attorney and two support staff members to staff the City Attorney's Office. On August 15, 2016, the City Council approved an Agreement with the law firm, Berliner Cohen, LLP (hereafter Berliner Cohen) to provide Interim City Attorney and legal Services for the City. Under the terms of this Agreement, Berliner Cohen Partner Jolie Houston was appointed Interim City Attorney and two attorneys from Berliner Cohen's Merced office, Jeff Kauffman, a Berliner Cohen Partner, a...

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