Agenda Item No: K.7
AGENDA REPORT
DATE: June 2, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026 -111 PD Legal Representation for Personnel Matters for the Fairfield Police Department
Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Bertrand, Fox, Elliot, Osman, and Wenzel, LLP to Provide Legal Representation for Personnel Matters for the Fairfield Police Department
Funding Source: $650,000; General Fund
Contact: Dan Marshall, (707) 428-7374
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Police Department seeks approval to enter into a Professional Services Agreement with Bertrand, Fox, Elliot, Osman, and Wenzel, LLP (BFEOW) for legal representation in the Police Department’s personnel, disciplinary, and employment matters.
DISCUSSION
Bertrand, Fox, Elliot, Osman, & Wenzel, LLP (BFEOW) has a long history of representing municipal agencies in Sol ano County and possesses expertise in public safety personnel matters and litigation areas that are beneficial to the City of Fairfield. BFEOW is regarded as an expert in this highly specialized field, and their on -going counsel is an asset to protecting t he City’s interests.
Since 2017, the Police Department has retained BFEOW for representation in personnel investigations, disciplinary matters and litigations. Recently, the Fire Department has also begun using them for personnel matters.
As the need for their services continues, the proposed contract is for three years with a not to exceed amount of $390,000 with an option to extend the agreement for two additional one-year terms with a not to exceed amount of $130,000 per extension.
FINANCIAL IMPACT
The Professional Services Agreement with BFEOW for legal representation for personnel matters will authorize a not -to-exceed contract for $390,000. Total authorization for this contract is $650,000 ($390,000 + $130,000 + $130,000 (two additional one-year terms)). Funds for services are budgeted in the General Fund for the Police Department (Fund 101, Division and Responsibility Code 50101, and General Code 8902).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may choose to not app rove the proposed resolution which would result in the Police Department not having the much-needed support for police officers.
COORDINATED WITH
N/A
STAFF CONTACT
Nicholas McDowell, Police Captain
(707) 428-7513
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement