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File Number: 22-014 <br />7. Counsel shall prepare clients and defend clients’ depositions, prepare for and depose <br />plaintiff(s) and depose other witnesses as necessary and relevant; <br />8. Counsel shall prepare a Motion for Summary Judgment (MSJ), or other dispositive <br />motion(s), upon authority from the City and after meet and confer with clients on options <br />and preferred strategy; <br />9. Counsel shall prepare for and attend settlement conferences, including meet and confer <br />with clients; and <br />10. Where a case is not resolved by MSJ or settlement, counsel shall prepare for and attend <br />jury trial of the case and review with clients appellate strategy and options following verdict <br />and post-verdict motions, if necessary. <br />Additionally, the consulting services agreement provides that upon the City of San Leandro’s <br />request, counsel shall advise City staff, including the City of San Leandro Police Department <br />command staff on necessary policy changes, revisions, and legal implications and provide <br />officers with training to limit civil liability and future claims. <br />Patrick Moriarty and Vincent Castillo are partners at Allen, Glaessner, Hazelwood & Werth and <br />members of the firm’s public entity practice group. Mr. Moriarty and Mr. Castillo shall serve as <br />lead counsel on behalf of the firm. <br />Mr. Moriarty specializes in defending police officers and departments in civil rights litigation. He <br />joined the firm in 2019 after five years in civil practice. Prior to that his practice included fourteen <br />years as a prosecutor with the Alameda County District Attorney’s Office where Mr. Moriarty tried <br />37 jury trials to verdict. In 2012, Mr. Moriarty worked for the California Attorney General where he <br />wrote responses to criminal appeals and argued before the California Court of Appeal. <br />Mr. Castillo specializes in the defense of general liability, product liability, whistleblower, and <br />employment-related claims. He has extensive experience representing clients involved in the <br />railroad and busing industries, including investigation and litigation of catastrophic accidents <br />resulting in serious personal injury and death. Mr. Castillo also represents clients in investigations <br />conducted by the National Transportation Safety Board and local law enforcement agencies and <br />handles employment-related claims arising under the Federal Railroad Safety Act, the California <br />Fair Employment and Housing Act, and various federal laws. Mr. Castillo has tried numerous <br />cases to verdict in federal and state courts in California and Nevada. <br />Allen, Glaessner, Hazelwood & Werth will serve as counsel for the City of San Leandro and its <br />officers named in any action in federal tort litigation matters effective January 1, 2022, through <br />June 30, 2023. Services will be provided at an hourly rate of: $260 Senior Partner/Partner; $210 <br />Associate; and $95 Paralegal, in an amount not to exceed $250,000. <br />Fiscal Impacts <br />This Self-Insurance Fund contract will cost $250,000, which will require Council to approve an <br />appropriation from the Self-Insurance (Fund 689) unrestricted fund balance to its consulting <br />services operating budget for Fiscal Year 2021-2022 and 2022-2023. <br />Budget Authority <br />This Self-Insurance (Fund 689) contract will require an appropriation of $100,000 for Fiscal Year <br />2021-2022 and $150,000 for Fiscal Year 2022-2023 from its unrestricted fund balance into its <br />consulting services account 689-19-004-5110. This contract will not exceed $250,000 throughout <br />the term ending June 30, 2023, and staff requests Council authority to increase Fiscal Year <br />Page 2 City of San Leandro Printed on 1/14/2022 <br />187