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File Number: 15-504 <br />TO: City Council <br />FROM: Chris Zapata <br />City Manager <br />City of San Leandro <br />Meeting Date: September 8, 2015 <br />Staff Report <br />Agenda Section: CONSENT CALENDAR <br />Agenda Number: 8.Q. <br />BY: David Baum <br />Finance Director <br />FINANCE REVIEW: David Baum <br />Finance Director <br />TITLE: Staff Report for a Resolution Authorizing a Legal Services Agreement <br />Amendment No. 1 with Bertrand, Fox, and Elliot for Legal Representation <br />Associated with General Liability Claims and Claims Litigation to Increase the <br />Contract Amount up to $285,000 from the Self -Insurance Fund <br />411611,/_1:Y/_V 111*101*1vild,14►117_11 JIM ki M <br />Staff requests that the City Council consider and approve a Legal Services Agreement <br />Amendment No. 1 with Bertrand, Fox, and Elliot to continue to provide legal representation <br />services associated with general liability claims and claims litigation for the City through June <br />30, 2016. <br />�tLa:(r1:7:�1�1►1� <br />The City of San Leandro originally entered into a Legal Services Agreement with Bertrand, <br />Fox, and Elliot on June 25, 2013, to provide contract legal representation services to the City <br />on the Mengel et al. v. City of San Leandro litigation. The original agreement was for a not to <br />exceed amount of $49,999.00. <br />On November 3, 2014, the City entered into a new agreement with Bertrand, Fox, and Elliot to <br />provide legal representation on claims and litigation presented to the City on various issues <br />for a not to exceed amount of $100,000.00. <br />Analysis <br />The City contracted with the law firm of Bertrand, Fox, and Elliot ("BFE") on the <br />recommendation of its third party administrator, York Services, telephone and in-person <br />interviews, reference checks, and BFE's success rate and experience in defending local <br />public agencies with public safety civil rights litigation. The Mengel litigation budget for <br />defense costs was originally estimated to be less than $50,000.00, and the actual defense <br />costs totaled $42,000. Additionally, BFE was successful in tendering an automobile accident <br />City of San Leandro Page 1 Printed on 9/212015 <br />