Title
Adopt a Resolution to Approve and Authorize the City Manager to Execute a Legal Services Agreement Between the City of San Leandro and Stream, Kim, Hicks, Wrage & Alfaro, PC for Tort Litigation Defense Services
Staffreport
COUNCIL PRIORITY
• Fiscal Sustainability and Transparency
SUMMARY
The consulting services agreement before City Council sets forth that Stream, Kim, Hicks, Wrage & Alfaro, PC 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.
RECOMMENDATIONS
Staff recommends that the City Council approve by resolution the legal services agreement between the City of San Leandro and Stream, Kim, Hicks, Wrage & Alfaro, PC 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 represent and advise City staff on claims and tort litigation.
Joanne Tran is a shareholder at Stream, Kim, Hicks, Wrage & Alfaro, PC specializing in public entity defense. Ms. Tran will 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 this agreement commenced from December 1, 2024, through June 30, 2025. Services will be provided at hourly rates of $260 for Senior Partner and $95 for Paralegal, in an amount not to exceed $400,000.
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.
Staff proposes a contract for Stream, Kim, Hicks, Wrage & Alfaro, PC for a not to exceed limit of $400,000. This authority would allow the City Manager and the Risk Management division to adjust contractual spending limits to an uncertain risk landscape during this next budget cycle.
Legal Analysis
City Attorney approved as to form this legal services agreement.
Financial Impacts
The Self-Insurance budget account 689-19-004-5110 for legal services has enough funds available.
1. This Council action will not impact fund balance because there are funds available in the legal budget FY2024-2025 adopted budget.
ATTACHMENTS
Attachment A: Resolution LSA Stream, Kim, Hicks, Wrage & Alfaro, PC
Attachment B: Scope of Work for LSA
Attachment C: LSA Compensation Schedule
PREPARED BY: T. Michael Yuen, Assistant City Manager, City Manager’s Office