Title
Adopt a Resolution to Approve and Authorize the City Manager to Execute Amendment No. 1 in the amount of $1,000,000 per Fiscal Year to the Legal Services Agreement Between the City Of San Leandro And Stream, Kim, Hicks, Wrage & Alfaro, PC for Tort Litigation Defense Services Already Provided and to be Provided in Fiscal Years 2025-2027
Staffreport
COUNCIL PRIORITY
• Fiscal Sustainability and Transparency
SUMMARY & RECOMMENDATIONS
The Resolution before City Council sets forth amendment No. 1 to the Tort Litigation Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro, PC for continuing representation of the City of San Leandro in tort litigation matters.
City staff recommends that the City Council adopt a resolution to approve Amendment No. 1 to the Tort Litigation Services Agreement between the City of San Leandro and Stream, Kim, Wrage & Alfaro, PC for $1,000,000. This amendment will provide for payment of currently owed and future fees and costs for fiscal years 2025-26 and 2026-27, for costs not to exceed $1,000,000 per fiscal year.
BACKGROUND
The proposed amendment would retain the same scope of services as was presented and authorized by the City Council at the April 21, 2025 Council meeting. More specifically, the agreement sets forth that Stream, Kim, Hicks, Wrage & Alfaro, PC will represent 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 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) statements and appear in Court on behalf of the City for initial case management conferences (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 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 Motions 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.
Joanne Tran is a shareholder at Stream, Kim, Hicks, Wrage & Alfaro, PC specializing in public entity defense. Ms. Tran will continue to serve as lead counsel and work with the City Attorney and City staff on tort litigation defense.
Ms. Tran specializes in public entity defense including claims involving police liability, personal injury, dangerous conditions of public property, and employment matters. She regularly advises and represents clients in all aspects of litigation from the initial investigation of claims through law and motion, discovery, summary judgment, alternative dispute resolution, trials and appeals in both Federal and State court.
The term of the prior agreement commenced on December 1, 2024, and the proposed amendment will ensure continued services through to June 30, 2027 in an amount not to exceed $1,000,000 per fiscal year.
Analysis
The City is periodically susceptible to claims and legal complaints alleging a variety of actions including excessive force claims, property damage, and dangerous conditions of public property, among others. Cost effective and expert tort litigation counsel is necessary to defend the City in these claims and lawsuits, which can involve significant financial exposure. Approval of the amendment would allow the City Manager and the Risk Management division to continue to respond to an uncertain risk landscape during the current biennium.
Legal Analysis
City Attorney approved as to form this legal services agreement.
Financial Impacts
There is sufficient funds in the adopted Self-Insurance budget account 689-19-004-5110 for legal services to cover the costs of the proposed amendment, resulting in no impacts to the General Fund budget.
Since December 1, 2024 Stream, Kim, Hicks, Wrage & Alfaro, PC have served and continues to serve as tort litigation counsel for the City of San Leandro and its employees named in any action in tort litigation matters. Legal defense in civil litigation services are provided at an hourly rate of $285 for Partners; $255 for Associates; and $125 for Paralegals. These rates for tort litigation services are highly competitive with other Bay Area law firms, and in line with the City’s excess insurance carrier, California Joint Powers Risk Management Agency (CJPRMA) hourly rate recommendations. CJPRMA also recommended and continues to support the City’s choice to use this firm as tort litigation defense counsel.
The Tort Litigation Services Agreement also provides that upon the City of San Leandro’s request, and in coordination with the City Attorney’s Office, counsel shall advise City staff, including the City of San Leandro Police Department, on necessary policy changes, revisions, and legal implications and provide officers with training to limit civil liability and future claims.
Previous Actions
• Resolution No. 2025-037: Authorized Consulting Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro, PC
Legal Analysis
The City Attorney approves as to form this amendment to the current legal services agreement.
ATTACHMENTS
A: Resolution Authorizing Legal Services Agreement Amendment No. 1
B: Scope of Work and Compensation Schedule
PREPARED BY: Eric Engelbart, Deputy City Manager, City Manager’s Office