SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Bertrand, Fox & Elliot for Litigation Services
Report
REPORT IN BRIEF
Approval is requested for a Second Amendment to the Outside Counsel Agreement with the law firm of Bertrand, Fox & Elliot for legal services and representation of the City in the matter of Rivera v. City of Sunnyvale, Case No. 113CV240935, currently pending in the Santa Clara County Superior Court. This Second Amendment is needed to cover the costs associated with proceeding to trial on this case, which are estimated to be $90,000.
BACKGROUND
Gregory Fox, a trial attorney who specializes in the areas of municipal tort defense and constitutional and civil rights law, and partner in the law firm of Bertrand Fox & Elliot, was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services and representation in tort cases and police liability and civil rights matters. Mr. Fox has extensive litigation experience and has aggressively litigated cases on behalf of the City, with a significant number of claims dismissed or adjudicated in favor of the City. The Agreement was entered in May 2013, and the not to exceed amount has been increased once to the current not to exceed amount of $135,000. The term of the Agreement expires in December 2018.
DISCUSSION
Mr. Fox is providing advice and representation on a number of matters, and provides on-call advice related to claims and litigation. This current case involves a dangerous condition lawsuit against the City from tree root damage to sewer lines on the property. The City settled its case with the original plaintiff, Rivera; however, the co-defendant, Casa de Amigos Mobilehome Park (Casa), filed a cross-complaint against the City for declaratory relief, indemnification, apportionment of fault, an injury to property, for which the City is still incurring defense costs. Casa is alleging that Shamel Ash trees are ...
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