|
File Number: 21-337
<br />Police Department cases include excessive force incidents resulting in death or great bodily injury
<br />(including officer involved shootings) and accidents involving police vehicles. The firm’s strategic
<br />approach to cases includes liability analysis and, when appropriate, early resolution of cases by
<br />mediation pre-lawsuit or early mandatory settlement conference after a lawsuit is filed. This approach
<br />usually allows for efficient and timely resolution of a potential liability case without the expense of
<br />significant attorneys’ fees and costs expended by plaintiff or defense counsel. For other cases, the
<br />tactical use of qualified immunity and other immunities by motion and/or persuasion often results in
<br />voluntary or court ordered dismissal of claims and lawsuits.
<br />The Public Works Department and Engineering & Transportation Department’s cases, respectively,
<br />usually involve claims that City property was negligently designed or maintained causing death or great
<br />bodily injury. These cases have included fatal accidents involving motorists, pedestrians, or bicycle
<br />riders killed by trains at intersections or on bridges. Other cases include street and right-of-way
<br />intersection accidents; falling trees, errant golf balls originating from the City’s golf courses or alleged
<br />defective sidewalks and streets. Defense strategies have included motions seeking dismissal of
<br />claims based on the immunities provided by the Tort Claims Act and filing cross complaints on behalf of
<br />the City against other more responsible parties such as PG&E, Amtrak, AC Transit, or other negligent
<br />corporate, public, or private entities.
<br />The firm, in cooperation with the City Attorney, Risk Manager, Department Heads, or Police Command
<br />staff review each claim and lawsuit and implement new training and policies or changes to existing
<br />training and policies to minimize or prevent similar future accidents and critical incidents.
<br />The firm has an excellent reputation for customer service, responsiveness, ethics, and professionalism
<br />especially with the plaintiffs’ attorneys’ bar and federal and state judges.
<br />Analysis
<br />The Bertrand, Fox, Elliot, Osman & Wenzel law firm continues to provide excellent service on tort
<br />claims and litigation assigned to them and charges reasonable hourly rates for service. Due to these
<br />successful outcomes on litigated matters, staff requests, with the City Attorney’s approval, the
<br />continued use of Bertrand, Fox, Elliot, Osman & Wenzel legal services for a variety of risk management
<br />issues and tort claims.
<br />On June 25, 2013, the City of San Leandro entered into a Legal Services Agreement with BFEOW to
<br />provide contract legal representation services to the City for a not to exceed amount of $49,999.
<br />On November 3, 2014, the City amended the Agreement with BFEOW to provide legal representation
<br />on tort claims and litigation presented to the City on various issues for a not to exceed amount of
<br />$100,000 and an end date of June 30, 2016.
<br />On February 16, 2016, the City amended the Agreement to extend the term for an additional two years
<br />through June 30, 2018 and increase the compensation to a level not to exceed $500,000 as a result of
<br />substantial tort claims filed against the City in 2015.
<br />On April 16, 2018, the City amended the Agreement to extend the term for an additional two years
<br />through June 30, 2021 and increase the compensation limit not to exceed $1,100,000.
<br />On May 17, 2021, the City Council approved a fourth amendment with BFEOW that terminates on June
<br />30, 2021.
<br />Staff proposes a new contract for BFEOW with an effective date that aligns with the next biennial
<br />Page 2 City of San Leandro Printed on 6/23/2021
<br />422
|