Title
Resolution to Approve and Authorize the City Manager to Execute Amendment No. 1 to a Consulting Services Agreement with Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Associated with Tort Liability Claims and Litigation, increasing the contract by $500,000 with a new total not-to-exceed $1,000,000
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff recommends that the City Council approve Amendment No. 1 to a Legal Services Agreement with Bertrand, Fox, Elliot, Osman & Wenzel (BFEOW) to continue providing legal representation services associated with tort liability and tort claims litigation for the City through June 30, 2024.No action is needed by council to fund the amendment. The Self-Insurance Fund has enough budget for FY 2022-2023 to cover the amendment. [CJ1]
BACKGROUND
The City of San Leandro originally entered into a Legal Services Agreement with BFEOW on June 25, 2013 to provide contract tort litigation and claims services to the City. The original agreement was for $49,999. On June 21, 2021, the City entered into a new Agreement with BFEOW to provide legal services on tort claims and litigation on various issues for $500,000.00 and an end date of June 30, 2023. Since that time, the City has amended the contract with BFEOW three times totaling $1,885,000.
It is necessary to amend the contract with BFEOW to reflect the legal activities for the current fiscal year and to finish working on open claims and litigation. Sufficient funds are included in the current year budget to cover legal fees.
Analysis
The Bertrand, Fox, Elliot, Osman & Wenzel law firm has provided excellent service on assigned tort claims and litigation; the firm charges reasonable hourly rates for high quality service. Due to these successful outcomes on litigated matters, staff requests, with the City Attorney's approval, the continued use of Bertrand, Fox, Elliot, Osman & Wenzel's legal services for a variety of risk management issues, tort litigation, and c...
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