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City of San Leandro <br />City Council <br />Meeting Date: April 21, 2025 <br />Agenda Number: 5.c. <br />Agenda Section: CONSENT CALENDAR <br />File Number: 25-150 <br />File Type: Staff Report <br />Adopt a Resolution to Approve and Authorize the City Manager to Execute a Legal Services Agreement <br />Between the City of San Leandro and Stream, Kim, Hicks, Wrage & Alfaro, PC for Tort Litigation <br />Defense Services <br />COUNCIL PRIORITY <br />·Fiscal Sustainability and Transparency <br />SUMMARY <br />The consulting services agreement before City Council sets forth that Stream, Kim, Hicks, Wrage <br />& Alfaro, PC represent the City of San Leandro in tort litigation matters. The litigation services <br />under the agreement are to be provided after a notice or summons is served upon the City of San <br />Leandro regarding tort litigation, as follows: <br />1.Counsel shall meet and confer with the City of San Leandro on options for litigation <br />strategy and receive approval for the City's preferred course of action; <br />2.Counsel shall prepare responsive pleadings for federal and state court proceedings <br />including, but not limited to, appropriate motions to dismiss or answer; <br />3.Counsel shall meet with City personnel, investigate the case and provide an <br />explanation of the legal proceedings; <br />4.Counsel shall prepare for and meet and confer with opposing counsel on preparation <br />of joint case management conference (CMC) statements and appear in Court on <br />behalf of the City for initial case management conferences (CMCs); <br />5. Counsel shall prepare a discovery plan, propound and respond to written discovery, <br />and analyze plaintiffs’ discovery responses; <br />6.Counsel shall prepare clients and attend alternative dispute resolution (ADR) as <br />ordered by federal or state court; <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 Motions for Summary Judgment (MSJ), or other dispositive <br />motion(s), upon authority from the City and after meet and confer with clients on <br />options and preferred strategy; <br />9. Counsel shall prepare for and attend settlement conferences, including meet and <br />confer with clients and opposing counsel; and <br />10.Where a case is not resolved by MSJ or settlement, upon client’s approval counsel <br />shall prepare for and attend jury trial of the case and review with clients appellate <br />strategy and options following verdict and post-verdict motions, if necessary. <br />RECOMMENDATIONS <br />Page 1 City of San Leandro Printed on 9/4/2025