Reso 2021-102 LSA Bertrand, Fox, Elliot, Osman & Wenzel

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RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2021-102 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH BERTRAND, FOX, ELLIOT, OSMAN & WENZEL FOR LEGAL REPRESENTATION ASSOCIATED WITH TORT LIABILITY CLAIMS AND LITIGATION FOR A NOT TO EXCEED VALUE OF $500,000 AND SET TO EXPIRE JUNE 30, 2023; AND TO NEGOTIATE AND APPROVE CONTRACT AMENDMENTS UP TO A CUMULATIVE VALUE NOT TO EXCEED 10% ($50,000) OF THE ORIGINAL CONTRACT AMOUNT WHEREAS, the City, in accordance with its purchasing provisions, has identified Bertrand, Fox, Elliot, Osman & Wenzel to provide legal representation associated with tort liability claims and litigation; and WHEREAS, the City wishes to continue the Legal Services Agreement with Bertrand, Fox, Elliot, Osman & Wenzel; and WHEREAS, the City Council is familiar with the terms of the proposed Agreement; and WHEREAS, the City Manager recommends approval of said agreement. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: 1. That the agreement with Bertrand, Fox, Elliot, Osman & Wenzel in an amount not to exceed $500,000 is hereby approved; and 2. That the City Manager or her designee is authorized to negotiate and approve cumulative contract amendments up to a maximum of 10% of the original contract amount, or $50,000; and 3. That the City Manager will memorialize the terms of the Agreement in writing, subject to the approval of the City Attorney as to form; and 4. That the City Manager is authorized to execute said agreement; and 5. That the Self -Insurance Fund account 689-19-004-5110 for legal services in both Fiscal Years 2021-2022 and 2022-2023, as detailed in the City Manager's Proposed Budget, has sufficient appropriations to cover this contractual obligation; and 6. That an original executed agreement shall be provided to the City Clerk and be attached to this resolution.