May 21, 2024
City Attorney's Office
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject:
Second Amendment to Legal Services Agreement with
Bennett, Gelini, and Gelini
FINANCIAL IMPACT: This second amendment will be for $150,000 for a total amount not to exceed $259,990. Expenditures for
Bennett, Gelini, and Gelini will be charged to the Risk Management General Liability Fund 50182316-400554.
PREVIOUS COUNCIL
ACTION:
September 12, 2023
STATEMENT OF THE
ISSUE:
To continue to receive appropriate representation
defending the City in active civil litigation, the City Attorney requires approval of a second amendment to
the legal services agreement with Bennett, Gelini, and
Gelini.
RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with Bennett, Gelini, and Gelini to increase
the compensation by $150,000, with a total amount not to exceed $259,990, and term ending June 30, 2025 – City
Attorney’s Office (Shannon Moore 510-620-6509/
Kimberly Chin 510-620-6509).
DISCUSSION:
Bennett, Gelini, and Gelini (BGG) currently provides special counsel services defending the City in tort/dangerous condition and personal injury litigation. BGG has been AGENDA
REPORT
May 21, 2024
representing the City in these types of lawsuits since February 2023, and the City Attorney’s Office is satisfied with its work and wishes to increase the contract payment limit to ensure continuity of service. BGG has the experience and expertise necessary to continue to represent the City in pending and future dangerous condition and personal injury litigation.
The City Attorney’s Office requests approval of this second amendment to the legal services agreement with Bennett, Gelini, and Gelini increasing the payment limit by $150,000. Rates for Bennett, Gelini are as follows: partner - $195 per hour, associate - $170 per hour, and paralegal is $125 per hour.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 2 to the Original Contract (proposed) Attachment 2 – Amendment 1 to the Original Contract
Attachment 3 – Original Contract with Bennett, Gelini, and Gelini