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File Number: 14-470 <br />City of San Leandro <br />Meeting Date: November 3, 2014 <br />Staff Report <br />Agenda Section: CONSENT CALENDAR <br />Agenda Number: 8.1. <br />TO: <br />City Council <br />FROM: <br />Chris Zapata <br />City Manager <br />BY: <br />David Baum <br />Finance Director <br />FINANCE REVIEW: David Baum <br />Finance Director <br />TITLE: <br />Staff Report for an Amendment to Legal Services Agreement with Jarvis, Fay, <br />Doporto, and Gibson, LLP in the case of Ilmberger et al. v. City of San <br />Leandro <br />SUMMARY AND RECOMMENDATIONS <br />Staff requests that the City Council authorize the City Manager to enter into an amended legal <br />services agreement with the law firm of Jarvis, Fay, Doporto and Gibson to complete <br />representation of the City in the case of Ilmberger et al. v. City of San Leandro. <br />BACKGROUND <br />The City of San Leandro entered into a Legal Services Agreement with Jarvis, Fay, Doporto, <br />and Gibson, LLP on January 22, 2014, to provide contract legal representation services to the <br />City for the Ilmberger et al. v. City of San Leandro case. The original agreement is for a not to <br />exceed amount of $49,900.00. <br />Analysis <br />The City contracted with the law firm of Jarvis, Fay, Doporto, and Gibson, LLP for their <br />success rate experience in defending agencies in sewer overflow litigation. The Ilmberger <br />litigation budget for defense costs was originally estimated to be less than $50,000.00. <br />However, the plaintiff's attorney has been difficult and slow to communicate, and costs for <br />depositions, expert witnesses, subpoenas, etc. have been required to handle this case in a <br />more expeditious manner. Consequently, legal services budget for defense costs has been <br />revised and estimated to increase an additional $60,100.00 for a total not to exceed amount <br />of $110,000.00. <br />Fiscal Impacts <br />City of San Leandro Page 1 Printed on 10128/2014 <br />