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City of San Leandro <br />Meeting Date: June 28, 2021 <br />Staff Report <br />Agenda Section:File Number:21-337 ITEMS REMOVED FROM <br />CONSENT CALENDAR <br />Agenda Number:8.K. <br />TO:City Council <br />FROM:Fran Robustelli <br />City Manager <br />BY:Susan Hsieh <br />Finance Director <br />FINANCE REVIEW:Susan Hsieh <br />Finance Director <br />TITLE:Staff Report for a City of San Leandro City Council Resolution to Authorize the <br />City Manager to Execute a Legal Services Agreement with Bertrand, Fox, Elliot, <br />Osman & Wenzel for Legal Representation Associated with Tort Liability Claims <br />and Litigation for a Not to Exceed Value of $500,000 and set to expire June 30, <br />2023; and to Negotiate and Approve Change Orders Up to a Cumulative Value <br />not to Exceed 10% ($50,000) of the Original Contract Amount <br />SUMMARY AND RECOMMENDATIONS <br />Staff requests that the City Council consider and approve a new Legal Services Agreement <br />(Agreement) with Bertrand, Fox, Elliot, Osman & Wenzel (BFEOW) to continue to provide legal <br />representation services associated with tort liability and tort claims litigation for the City through June <br />30, 2023. Funding is available in the Self-Insurance Fund to cover the cost for legal fees through Fiscal <br />Year 2022-23. <br />BACKGROUND <br />Bertrand, Fox, Elliot, Osman and Wenzel was formed in 1986 by Tom Bertrand and Greg Fox (Bertrand <br />& Fox) as a law firm specializing in representation of public entities like the City of San Leandro. City <br />Attorney Steve Meyers originally retained the firm to defend the City in civil litigation for several years in <br />both state and federal courts. Since that time, the firm has continued to specialize in police and public <br />works (streets, sidewalks, and parks) litigation representation. Today the firm represents approximately <br />60 public entities throughout the Bay Area and Northern California. <br />Since 2015, attorneys Greg Fox, Joanne Tran, Ilana Kohn, and Molly Cherala have been co-counsel <br />with City Attorney Richard Pio Roda on approximately 59 claims and lawsuits filed in either federal or <br />state courts. <br />The claims and lawsuits are roughly divided between civil rights litigation involving the Police <br />Department (primarily filed in federal court) and the Public Works and Engineering and Transportation <br />Departments involving dangerous conditions of City property cases (primarily filed in state superior <br />court). <br />Page 1 City of San Leandro Printed on 6/23/2021 <br />421