Title
Staff Report for a Resolution for Amendment No. 2 to a Legal Services Agreement with Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Associated with Tort Liability Claims and Litigation for $600,000 and to Extend the Term of the Legal Services Agreement for an Additional Three Years
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff requests that the City Council consider and approve Amendment No. 2 to a Legal Services Agreement (Agreement) with Bertrand, Fox, Elliot, Osman & Wenzel 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 $600,000.00 additional funds required for legal fees in 2017-18.
BACKGROUND
The City of San Leandro originally entered into a Legal Services Agreement with Bertrand, Fox, and Elliot on June 25, 2013, to provide contract legal representation services to the City for the Mengel and Woody v. City of San Leandro case. The original agreement was for a not to exceed amount of $49,999.00.
On November 3, 2014, the City entered into the Agreement with Bertrand, Fox, and Elliot to provide legal representation on tort claims and litigation presented to the City on various issues for a not to exceed amount of $100,000.00 and an end date of June 30, 2016.
On February 16, 2016, the City amended the Agreement to extend the term for an additional two years through June 30, 2018 and increase the compensation to a not to exceed $500,000.00 as a result of substantial tort claims filed against the City in 2015.
Analysis
The City contracted with the law firm of Bertrand, Fox, Elliot, Osman & Wenzel for its proven success rate and experience representing public agencies in tort litigation. The Mengel and Woody litigation budget for defense costs was originally estimated to be less than $50,000.00, and the actual defense costs totaled $42,000.00.
The law firm continues t...
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