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File Number: 23-580 Staff recommends the City Council approve by resolution Amendment No. 2 to increase the Legal Services Agreement between the City of San Leandro and CMTR by $450,000 for a not to exceed limit of $1,450,000, for legal services related to tort litigation matters. BACKGROUND The Legal Services Agreement provides that upon the City of San Leandro’s request, counsel shall advise City staff, including the City of San Leandro Police Department command staff, on necessary policy changes, revisions, and legal implications and provide officers with training to limit civil liability and future claims. Patrick Moriarty and Vincent Castillo are partners at CMTR and members of the firm’s public entity practice group. Mr. Moriarty and Mr. Castillo shall serve as lead counsel on behalf of the firm. Mr. Moriarty specializes in defending police officers and departments in civil rights litigation. His practice included fourteen years as a prosecutor with the Alameda County District Attorney’s Office where Mr. Moriarty tried 37 jury trials to verdict. In 2012, Mr. Moriarty worked for the California Attorney General where he wrote responses to criminal appeals and argued before the California Court of Appeal. Mr. Castillo specializes in the defense of general liability, product liability, whistleblower, and employment-related claims. He has extensive experience representing clients involved in the railroad and busing industries, including investigation and litigation of catastrophic accidents resulting in serious personal injury and death. Mr. Castillo also represents clients in investigations conducted by the National Transportation Safety Board and local law enforcement agencies and handles employment-related claims arising under the Federal Railroad Safety Act, the California Fair Employment and Housing Act, and various federal laws. Mr. Castillo has tried numerous cases to verdict in federal and state courts in California and Nevada. CMTR continues to serve as tort litigation counsel for the City of San Leandro and its officers named in any action in tort litigation matters effective starting on December 1, 2022, through June 30, 2025. Services will be provided at an hourly rate of $260 Partner; $210 Associate; and $95 Paralegal, in an increase of $450,000 not to exceed $1,450,000. Analysis Between 2013 - 2023 the City of San Leandro contracted $3,249,999 on Legal Services Agreements for tort litigation defense including the 2023 CMTR contract and previous amendments with Bertrand, Fox, Elliot, Osman & Wenzel (BFEOW) and Allen, Glaessner, Hazelwood & Werth (AGHW) in 2021 for tort litigation defense. CMTR is a law firm formed from attorney’s from completed Legal Services Agreements with BFEOW, and AGHW. These attorneys have historically provided excellent services and expertise in tort liability claims and litigation. Due to these successful outcomes on litigated matters, staff requests, with the City Attorney’s approval, the continued use of the partners who created CMTR for tort litigation defense. Staff proposes an amendment to the CMTR contract with an effective date that aligns with the next biennial budget cycle and a not to exceed limit of $1,450,000. Additionally, staff recommends Council approve the City Manager to authorize contract amendments up to 10% Page 2 City of San Leandro Printed on 12/21/2023