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City of San Leandro City Council Meeting Date: November 21, 2022 Agenda Number: 10.b. Agenda Section: CONSENT CALENDAR File Number: 22-657 File Type: Staff Report Adopt a Resolution to Approve and Authorize the City Manager to Execute a Legal Services Agreement Between the City of San Leandro And Castillo, Moriarty, Tran & Robinson for Tort Litigation Services COUNCIL PRIORITY ·Fiscal Sustainability and Transparency SUMMARY The consulting services agreement before City Council sets forth that Castillo, Moriarty, Tran & Robinson represent the City of San Leandro and its officers in tort litigation matters. The litigation services under the agreement are to be provided after a notice or summons is served upon the City of San Leandro regarding tort claim litigation, as follows: 1.Counsel shall meet and confer with the City of San Leandro on options for litigation strategy and receive approval for the City's preferred course of action; 2.Counsel shall prepare responsive pleadings for federal and state court proceedings including, but not limited to, appropriate motions to dismiss or answer; 3.Counsel shall meet with City personnel, investigate the case and provide an explanation of the legal proceedings; 4.Counsel shall prepare for and meet and confer with opposing counsel on preparation of joint case management conference (CMC) statement and appear in Court on behalf of the City for initial CMC; 5. Counsel shall prepare a discovery plan, propound and respond to written discovery, and analyze plaintiffs’ discovery responses; 6.Counsel shall prepare clients and attend alternative dispute resolution (ADR) as ordered by federal or state court; 7.Counsel shall prepare clients and defend clients’ depositions, prepare for and depose plaintiff(s) and depose other witnesses as necessary and relevant; 8.Counsel shall prepare a Motion for Summary Judgment (MSJ), or other dispositive motion(s), upon authority from the City and after meet and confer with clients on options and preferred strategy; 9. Counsel shall prepare for and attend settlement conferences, including meet and confer with clients and opposing counsel; and 10.Where a case is not resolved by MSJ or settlement, upon client’s approval counsel shall prepare for and attend jury trial of the case and review with clients appellate strategy and options following verdict and post-verdict motions, if necessary. RECOMMENDATIONS Staff recommends that the City Council approve by resolution the legal services agreement Page 1 City of San Leandro Printed on 11/17/2022