Reso 2022-020 LSA Allen, Glaessner, Hazelwood, and Werth for Legal Representation

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RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO.2022-020 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH ALLEN, GLAESSNER, HAZELWOOD, AND WERTH FOR LEGAL REPRESENTATION ASSOCIATED WITH TORT LIABILITY CLAIMS AND LITIGATION FOR A NOT TO EXCEED VALUE OF $250,000 AND SET TO EXPIRE JUNE 30, 2023; TO NEGOTIATE AND APPROVE CHANGE ORDERS UP TO A CUMULATIVE VALUE NOT TO EXCEED 20% ($50,000) OF THE ORIGINAL CONTRACT AMOUNT; AND TO APPROPRIATE FUNDS FROM THE SELF- INSURANCE UNRESTRICTED FUND BALANCE (FUND 689) WHEREAS, the City, in accordance with its purchasing provisions, has identified Allen, Glaessner, Hazelwood, and Werth to provide legal representation associated with tort liability claims and litigation; 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 hereby RESOLVES as follows: 1. That the agreement with Allen, Glaessner, Hazelwood, and Werth in an amount not to exceed $250,000 is hereby approved; and 2. That the City Manager or her designee is authorized to negotiate and approve cumulative change orders up to a maximum of 20% 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; and 4. That the City Manager is authorized to execute said agreement; and 5. That Council authorizes an appropriation of $100,000 in Fiscal Year 2021-2022 and $150,000 in Fiscal Year 2022-2023 from the Self -Insurance Fund unrestricted fiend balance to operating account 689-19-004-5110 for legal services; 6. That Council authorizes a carryover into the Fiscal Year 2022-2023 operating budget any unspent funding in Fiscal Year 2021-2022, thereby increasing adopted appropriations; and 7. That an original executed agreement shall be provided to the City Clerk and be attached to this resolution.