Title
Staff Report for a City of San Leandro City Council Resolution to Authorize the City Manager to Execute a Legal Services Agreement with Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Associated with Tort Liability Claims and Litigation for a Not to Exceed Value of $500,000 and set to expire June 30, 2023; and to Negotiate and Approve Change Orders Up to a Cumulative Value not to Exceed 10% ($50,000) of the Original Contract Amount
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff requests that the City Council consider and approve a new Legal Services Agreement (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, 2023. Funding is available in the Self-Insurance Fund to cover the cost for legal fees through Fiscal Year 2022-23.
BACKGROUND
Bertrand, Fox, Elliot, Osman and Wenzel was formed in 1986 by Tom Bertrand and Greg Fox (Bertrand & Fox) as a law firm specializing in representation of public entities like the City of San Leandro. City Attorney Steve Meyers originally retained the firm to defend the City in civil litigation for several years in both state and federal courts. Since that time, the firm has continued to specialize in police and public works (streets, sidewalks, and parks) litigation representation. Today the firm represents approximately 60 public entities throughout the Bay Area and Northern California.
Since 2015, attorneys Greg Fox, Joanne Tran, Ilana Kohn, and Molly Cherala have been co-counsel with City Attorney Richard Pio Roda on approximately 59 claims and lawsuits filed in either federal or state courts.
The claims and lawsuits are roughly divided between civil rights litigation involving the Police Department (primarily filed in federal court) and the Public Works and Engineering and Transportation Departments involving dangerous conditions of City property cases...
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