December 3, 2024
DocID #31178v1
City Attorney's Office
DATE: December 3, 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:
Third Amendment to Legal Services Agreement with
Bennett, Gelini and Gelini, APC, to increase compensation and extend the end term
FINANCIAL IMPACT: This third amendment will be for $300,000 for a total amount not to exceed $559,990. Expenditures for
Bennett, Gelini and Gelini, APC, will be charged to the Risk Management General Liability Fund 50182316-
400554.
PREVIOUS COUNCIL
ACTION:
September 12, 2023
May 21, 2024
STATEMENT OF THE
ISSUE:
To continue to receive appropriate representation
defending the City in active civil litigation and future litigation matters, the City Attorney requires approval of a third amendment to the legal services agreement with
Bennett, Gelini and Gelini, APC.
RECOMMENDED ACTION: APPROVE a third amendment to the legal services agreement with Bennett, Gelini and Gelini, APC, to
increase the compensation by $300,000 for a total
amount not to exceed $559,990 and extending the term
to end December 31, 2027 – City Attorney’s Office
(Kimberly Chin 510-620-6709/Shannon Moore 510-620-
6505).
AGENDA
REPORT
December 3, 2024
DocID #31178v1
DISCUSSION:
Bennett, Gelini and Gelini, APC (BGG), currently provides special counsel services defending the City in tort/dangerous condition and personal injury litigation. BGG has been 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 conditions and personal injury litigation.
Rates for BGG are as follows: partner - $195 per hour, associate - $170 per hour, and paralegal is $125 per hour.
The City Attorney’s Office requests approval of this third amendment to the legal services agreement with Bennett, Gelini and Gelini, APC, increasing the payment limit by $300,000 for an amount not to exceed $559,990 and extending the term to December 31, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 3 to the Original Contract (proposed) Attachment 2 – Amendment 2 to the Original Contract
Attachment 3 – Amendment 1 to the Original Contract
Attachment 4 – Original Contract with Bennet, Gelini and Gelini, APC