Title
Staff Report for a City of San Leandro City Council Resolution to Authorize the City Manager to Execute Amendment No. 4 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 $972,279
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff recommends that the City Council approve Amendment No. 4 to a Legal Services Agreement with Bertrand, Fox, Elliot, Osman & Wenzel (BFEOW) to continue to provide legal representation services associated with tort liability and tort claims litigation for the City through June 30, 2021. Funding is available in the Self-Insurance Fund to cover the legal fees.
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 November 3, 2014, the City entered into a new Agreement with BFEOW to provide legal services on tort claims and litigation on various issues for $100,000.00 and an end date of June 30, 2016. 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. The City's Risk Manager retired in December 2020, and new staff members took over the responsibilities. Support from an outside legal firm will continue to benefit the City. Sufficient funds are included in the current year budget to cover legal fees.
Analysis
The Bertrand, Fox, Elliot, Osman & Wenzel law firm continues to provide 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 serv...
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