File #: 24-366    Version: 1 Name: Authorizing Amendment No. 3 with Castillo Moriarty Tran and Robinson for tort litigation
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 9/3/2024 Final action: 9/3/2024
Enactment date: Enactment #: Reso 2024-112
Title: Adopt a Resolution to Approve and Authorize the City Manager to Execute Amendment No. 3 for $930,000 to the Legal Services Agreement Between the City Of San Leandro And Castillo, Moriarty, Tran & Robinson for Tort Litigation Services Already Provided and to be Provided in Fiscal Year 2024-2025
Attachments: 1. A - Resolution Legal Services Agreement Amendment No. 3
Title
Adopt a Resolution to Approve and Authorize the City Manager to Execute Amendment No. 3 for $930,000 to the Legal Services Agreement Between the City Of San Leandro And Castillo, Moriarty, Tran & Robinson for Tort Litigation Services Already Provided and to be Provided in Fiscal Year 2024-2025
Staffreport
COUNCIL PRIORITY
? Fiscal Sustainability and Transparency
SUMMARY
The Resolution before City Council sets forth amendment No. 3 to the Tort Litigation Services Agreement with Castillo, Moriarty, Tran & Robinson (CMTR) law firm for past due and continuing representation of the City of San Leandro in tort litigation matters.
RECOMMENDATIONS
City staff recommends that the City Council adopt a resolution to approve Amendment No. 3 to the Tort Litigation Services Agreement between the City of San Leandro and Castillo, Moriarty, Tran & Robinson for $930,700. This amendment will provide for payment of past due fees and costs, and future fees and costs for the remainder of the 2024-2024 fiscal year.
BACKGROUND
Since December 1, 2022 Castillo, Moriarty, Tran & Robinson have served and continue 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 $260 Partner; $210 Associate; and $95 Paralegal. 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 CMTR 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,...

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