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City of San Leandro <br />Meeting Date: April 16, 2018 <br />Staff Report <br />Agenda Section:File Number:18-145 CONSENT CALENDAR <br />Agenda Number:8.G. <br />TO:City Council <br />FROM:Jeff Kay <br />Interim City Manager <br />BY:David Baum <br />Finance Director <br />FINANCE REVIEW:David Baum <br />Finance Director <br />TITLE:Staff Report for a Resolution for Amendment No. 2 to a Legal Services <br />Agreement with Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation <br />Associated with Tort Liability Claims and Litigation for $600,000 and to Extend <br />the Term of the Legal Services Agreement for an Additional Three Years <br />SUMMARY AND RECOMMENDATIONS <br />Staff requests that the City Council consider and approve Amendment No. 2 to a Legal Services <br />Agreement (Agreement) with Bertrand, Fox, Elliot, Osman & Wenzel to continue to provide legal <br />representation services associated with tort liability and tort claims litigation for the City through <br />June 30, 2021. Funding is available in the Self-Insurance Fund to cover the $600,000.00 <br />additional funds required for legal fees in 2017-18. <br />BACKGROUND <br />The City of San Leandro originally entered into a Legal Services Agreement with Bertrand, Fox, <br />and Elliot on June 25, 2013, to provide contract legal representation services to the City for the <br />Mengel and Woody v. City of San Leandro case. The original agreement was for a not to <br />exceed amount of $49,999.00. <br />On November 3, 2014, the City entered into the Agreement with Bertrand, Fox, and Elliot to <br />provide legal representation on tort claims and litigation presented to the City on various issues <br />for a not to exceed amount of $100,000.00 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 <br />years through June 30, 2018 and increase the compensation to a not to exceed $500,000.00 as <br />a result of substantial tort claims filed against the City in 2015. <br />Analysis <br />Page 1 City of San Leandro Printed on 4/10/2018 <br />68