24 September 13, 2022
City Attorney's Office
AGENDA
REPORT
DATE: September 13, 2022
TO: Mayor Butt and Members of the City Council
FROM: Dave Aleshire, City Attorney
Heather Mc Laughlin, Interim Senior Assistant City
Attorney
Subject: Approval of a Third Amendment to McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP Legal Services Agreement
for Police Tort Litigation and other Matters
FINANCIAL IMPACT: The total expenditure for the legal services amendment is not to exceed $120,000, for a total contract payment limit not to exceed $545,000). This agreement is charged to
the Risk Management General Liability Fund 50182316-
400554. An appropriation of $120,000 is requested.
PREVIOUS COUNCIL
ACTION:
City Council approved the original agreement on March 3, 2021. First and Second Amendments were approved on
November 20, 2021, and May 17, 2022.
STATEMENT OF THE
ISSUE:
To ensure the City has appropriate legal representation relating to existing police tort litigation, the City Attorney’s Office requests approval of the legal services amendment in the amount not to exceed of $120,000.
RECOMMENDED ACTION:
APPROVE the third amendment to the legal service
agreement with McNamara law firm., and APPROPRIATE
$120,000 for the amendment. – City Attorney’s Office
(Heather McLaughlin 510-620-6509).
24 September 13, 2022
DISCUSSION:
McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP (formerly McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP) currently represents the City in several police tort lawsuits. At the time of the second amendment, it was reported that the firm was handling the Ferreira-Dias, Hernandez, Sutherland, and Montanocordoba matters.
Sutherland has settled for $6K and no admission of liability. The plaintiff in Montanocordoba lost the case and has not appealed the case further. The other cases are still active.
As the City Attorney’s office works to review and reduce outside counsel costs, it is appropriate to continue to the work with this firm. As noted above, the firm has had good success and is in the middle of working on the other matters. It would be inefficient in time and uneconomical to switch firms at this point in the two remaining cases.
DOCUMENTS ATTACHED:
Attachment 1 – McNamara Legal Services Agreement (“LSA”) Attachment 2 – McNamara First LSA Amendment
Attachment 3 – McNamara Second LSA Amendment
Attachment 4 – McNamara Third LSA Amendment