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City of San Leandro <br />Meeting Date: February 16, 2016 <br />Staff Report <br />Agenda Section:File Number:16-009 CONSENT CALENDAR <br />Agenda Number:8.O. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:David Baum <br />Finance Director <br />FINANCE REVIEW:David Baum <br />Finance Director <br />TITLE:Staff Report for Legal Services Agreement Amendment No. 1 with Bertrand, <br />Fox, Elliot, Osman & Wenzel for Legal Representation Associated with Tort <br />Liability Claims and Litigation and Request for Appropriation of $500,000.00 <br />from the Self-Insurance Fund Balance <br />SUMMARY AND RECOMMENDATIONS <br />Staff requests that the City Council consider and approve a Legal Services Agreement <br />Amendment No. 1 with Bertrand, Fox, Elliot, Osman & Wenzel to continue to provide legal <br />representation services associated with tort liability and tort claims litigation for the City <br />through June 30, 2018. Staff requests City Council approval to appropriate $500,000.00 from <br />the Self-Insurance fund balance to the general liability division’s legal fees account. <br />BACKGROUND <br />The City of San Leandro originally entered into a Legal Services Agreement with Bertrand, <br />Fox, and Elliot on June 25, 2013, to provide contract legal representation services to the City <br />for the Mengel et al. v. City of San Leandro case. The original agreement was for a not to <br />exceed amount of $49,999.00. <br />On November 3, 2014, the City entered into a new agreement with Bertrand, Fox, and Elliot to <br />provide legal representation on tort claims and litigation presented to the City on various <br />issues for a not to exceed of $100,000.00 and an end date of June 30, 2016. <br />Analysis <br />The City contracted with the law firm of Bertrand, Fox, Elliot, Osman & Wenzel for their proven <br />success rate and experience representing public agencies in tort litigation. The Mengel and <br />Woody litigation budget for defense costs was originally estimated to be less than $50,000.00, <br />and the actual defense costs totaled $42,000.00. The firm has provided excellent service on <br />other tort claims and litigation assigned to it. <br />Page 1 City of San Leandro Printed on 2/10/2016