File #: 18-597    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 11/8/2018 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 11/19/2018 Final action: 11/19/2018
Title: SUBJECT: Approval of Third Amendment to Agreement for Legal Services with Best Best & Krieger LLP., to Provide Additional Funding in the Amount of $30,000 for Legal Defense Services Related to the City's Post-Redevelopment Dissolution Litigation with the California Department of Finance, Increasing the Not-To-Exceed Amount for these Services to $225,000 REPORT IN BRIEF Considers approving a Third Amendment to Agreement for Legal Services with Best Best & Krieger (BBK) to provide additional funding in the amount of $30,000 for legal services related to the City's defense in the matter entitled California Department of Finance v. City of Merced. Approval of the Third Amendment to the Agreement for Legal Services will result in increasing the not-to-exceed amount for post-Redevelopment dispute litigation to $225,000. RECOMMENDATION City Council - Adopt a motion: A. Approving the Third Amendment to the Legal Services Agreement with Best, Best & Krieger; B. Authorizing the Finance...
Attachments: 1. Third Amendment to Legal Services with Best Best & Krieger.pdf

Report Prepared by: Phaedra Norton, City Attorney

Title
SUBJECT: Approval of Third Amendment to Agreement for Legal Services with Best Best & Krieger LLP., to Provide Additional Funding in the Amount of $30,000 for Legal Defense Services Related to the City's Post-Redevelopment Dissolution Litigation with the California Department of Finance, Increasing the Not-To-Exceed Amount for these Services to $225,000

REPORT IN BRIEF
Considers approving a Third Amendment to Agreement for Legal Services with Best Best & Krieger (BBK) to provide additional funding in the amount of $30,000 for legal services related to the City's defense in the matter entitled California Department of Finance v. City of Merced. Approval of the Third Amendment to the Agreement for Legal Services will result in increasing the not-to-exceed amount for post-Redevelopment dispute litigation to $225,000.

RECOMMENDATION
City Council - Adopt a motion:

A. Approving the Third Amendment to the Legal Services Agreement with Best, Best & Krieger;

B. Authorizing the Finance Officer to make the necessary budget adjustments; and,

C. Authorizing the City Manager or Assistant City Manager to execute the Third Amendment to the Legal Services Agreement with Best, Best & Krieger.

Body
ALTERNATIVES
1. Approve, as recommended by staff; or
2. Approve, subject to modification as conditioned by the City Council; or,
3. Refer to staff for reconsideration of specific items (specific items to be addressed in the motion); or,
4. Deny.

AUTHORITY
Charter of the City of Merced, Section 200.

CITY COUNCIL PRIORITIES
N/A.

DISCUSSION
In January 2016, the City entered into a Legal Services Agreement with the Law Firm Best, Best and Krieger ("BBK") for specialized work relating to the City's post- Redevelopment dissolution including the dispute with the California Department of Finance. On November 15, 2016, the California Department of Finance filed a Petition for Writ of Mandate against the City of Merc...

Click here for full text