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File Number: 22-301 <br />tort claims and litigation; the firm charges reasonable hourly rates for high quality service. Due to <br />these successful outcomes on litigated matters, staff requests, with the City Attorney’s approval, <br />the continued use of Bertrand, Fox, Elliot, Osman & Wenzel’s legal services for a variety of risk <br />management issues, tort litigation, and claims. <br />The City will reach the contractual limit of $500,000 as set forth in the agreement and is set to <br />expire June 30, 2023-and needs an amendment to conclude this fiscal year without service <br />interruption. Therefore, staff requests approval of an Amendment No. 1 to the Agreement with <br />BFEOW to utilize the firm’s services when approved by the City Attorney. Amendment #1 will <br />authorize up to $500,000 of work in the current contract through Fiscal Year 2022-23. <br />Previous Actions <br />·2014-083: Authorizing an agreement with BFEOW (NTE $50K) <br />·2015-155: Amendment #1 to BFEOW agreement (NTE $285K) <br />·2016-020: Amendment #2 to BFEOW agreement (NTE $500K) <br />·2018-032: Amendment #3 to BFEOW agreement (NTE $1.1M) <br />·2021-338: Authorizing an agreement with BFEOW (NTE $500K) <br />Fiscal Impacts <br />This Self-insurance fund amendment will cost $500,000, which requires no adjustment to the <br />FY2021-2022 Adopted Budget, FY 2022-2023 has budget to cover the amendment. <br />Budget Authority <br />The Fiscal Year 2021-2022 Self-Insurance Fund operating budget for General Liability legal fees <br />reflects an appropriation of $739,589 with a remaining balance of $172,000, which has sufficient <br />funds to cover this contractual increase for legal services of tort claims and litigation for the <br />remainder of this fiscal year. <br />For Fiscal Year 2022-2023, the Self-insurance fund (F689) has sufficient funds to cover the <br />contract amendment. <br />ATTACHMENTS <br />A - Resolution BFEOW Amendment 1 <br />B - Amendment BFEOW 1 <br />PREPARED BY: Megan Stephenson, Interim Risk Manager <br />Page 2 City of San Leandro Printed on 6/1/2022