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City of San Leandro City Council Meeting Date: December 4, 2023 Agenda Number: 5.d. Agenda Section: CONSENT CALENDAR File Number: 23-580 File Type: Staff Report Adopt a Resolution to Approve and Authorize the City Manager to Execute Amendment No. 2 to the 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 Legal Services Agreement before City Council sets forth an amendment no. 2 to Castillo, Moriarty, Tran & Robinson’s (CMTR) continued representation of the City of San Leandro 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 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) statements and appear in Court on behalf of the City for initial CMCs; 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 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 10.Where a case is not resolved by MSJ or settlement, counsel shall prepare for and attend jury trial of the case and review with clients the appellate strategy and options following the verdict and post-verdict motions, if necessary. RECOMMENDATIONS Page 1 City of San Leandro Printed on 12/21/2023