Richmond City Council
January 11, 2022

Findma: 2. The design of lots, sb'eets, open space, drainage, sewers, water aad other improvements are consistent with the Zoning Ordinance.

Statement in Support ofPindine: Criterion Satisfied. The subdivision wiU result in a lot configuration that is common in this neighborhood. The project site is adjacent to existing residential buildiags, wMi landscaping and dramage, sewer, water and ofher utility improvements 1iiat are consistent wiffa fhe Riohm.ond Zonmg Ordiumce. If any new utilities are desired, they would be required to comply with the Rictimond Zoning Ordinance and the requirements of the Public Worfes Departm.en.t and respective utility company.

Pmdmg3. The site is physically suitable for -flie type of development.

Statement in Support ofPmdiae: Criterion Conditionally Satisfied. The subdivision is for fhe purpose of subdividing fhe existing lot into two lots for an additional residential dwelling umt. The newly created Lot 1 would be physically suitable for development with the implementation of tfae mitigations indicated m the Mitigating Momtormg and Reporting Program (Attacliment 2). New off-street parking would be required for Lot 1 as a result of this subdivision in order to meet fhe parking requirements offhe Richmond Zoning Ordinance.

Pindine; 4. The site is physically suitable for fhe proposed density of development.

Statement in Support of Finding: Criterion Satisfied. The subject site is presently served by all requisite public facilities and services such as gas, water and electricity, and die lot size of 6,002 SF is larger fhan fhe Tnnirrmm required lot size m fhe 942 General Plan designated district, and the SPR-2 Zoning District.

Fiadiug 5. The design of the subdivision or tiie proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or l3ieir habitat
Statement in Support of Finding: Criterion Satisfied. The subdivision will not cause substantial environmental damage because die existmg lot is currently part of an exiting residential property. Future improvements of the lot -would be typical of other improvements in this neighborhood and would have to conform to fhe Development Standards of the SFR-2 Zosmg Distnct.

Findmg 6. The design of fhe subdivision or fhe type of improvements is not likely to cause serious public healfh problems.

Statement in Support ofFmding: Criterion Satisfied. The design offte subdivision is not likely to cause serious public health problems as it proposes to subdivide an exiting lot iato two residential lots.

Pmdmg 7. The design of fhe subdivision or fhe type of naprovements will not conflict with easements, acquired by Uas public at large, for access tb-ougli or use of, property -wifhia the proposed subdivision.

Statement ia Support of Pmdme: Criterion Satisfied. Tentative Subdivision Map MS 756-08 does not conflict wifii any lcnown existing pubUc easements as shown m Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, fhat the City Council of the City of Richmond, does hereby grant approval of Parcel Map 756-08 subject to -file follo-wmg conditions of approval:

1. Conformance to Parcel Map: The Parcel Map shall be in substantial conformance with fhe Parcel Map m Exhibit A, prepared by Bay Area Land Surveying lac., submitted to and date-stamped received by the Richmond Plaimmg and Buildmg Services Department on April 24, 2009. Prior to finalizing the Parcel Map, it shall be submitted to the Engineering Department for review and approval

accompanied by the requisite review fee. The Parcel Map must be prepared, wet signed and sealed by a. civil engineer or laud surveyor, registered and licensed in flie State of California.

2. Implementation of the Mitigation Monitoring and Reporting Program: The applicant shaU implement Mitigation Measures I-A, VI-A, and VBQ-A, as indicated in the Mitigation Mordtormg and Reporting Program in the Mitigated Negative Declaration (Exhibit C).

3. Indeimufication: To the fullest extent permitted by law, tile subdivider shall defend, indemmfy, and hold harmless the City of Richmond, its Council, Boards, Commissions, agents, officers, employees, consultants, successors and assigns from and against any and all claims, demands, obligations, proceedings, actions, causes of action, suits, losses, judgments, fines, penalties, damages, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements, and all other professional or expert fees and costs) (individually a "Claim," collectively "Claims") which may arise to attack, set aside, void, or annul the• project approvals, or any project condition imposed by the City or any of its agencies. Departments, Commissions, Boards, agents, officers, employees, or Council concemiag said project, whicli Claim, is brought in accordance with all applicable laws related thereto and witfaia the tune period provided by law, includmg but not limited to, any claim, for private attorney general fees claimed by or awarded to any party from City. The City of Richmond shall promptly notify tie subdivider of any claim, action, or proceeding and shall cooperate fully in the defense.

4. Utilities: Any new utilities are required to comply with the Zonmg Ordinance, fhe requirements of the Public Works Department, and respective utility company.

5. Easements: All existing easements related to this property shall be carried fonvard onto the Final Parcel Map mcluding those required by other agencies.

6. Off-Street Parkmg: The applicant shall provide proper off-steet parldng for Lot 1 by constructing a two-car, tandem packmg strip with a one-car carport with a mimmum interior dimension of 10 feet wide md 20 foot length. This caiport shall be constructed prior to tiie recording of the Parcel Map and conform to the City's Development Standards and Building Code. Future residential development of Lot 2 will be required to include at least two covered off-steet parking spaces.

7. Fencmg: In. fhe event a new fence is constructed on the property line of the newly created lot, the applicant shaU construct a "good neighbor" fence.

8. San Francisco Bay Conservation. Development Commission CBCDQ Permit:

The applicant shall apply and receive a development permit from the San Francisco Bay Conservation Development Commission (BCDC) for the proposed Parcel Map and potential easements or view corridors. A copy of the valid permit shall be forwarded to the Plamung Division and the City Engineer.

9. Windows: There shall be no 2nd story windows, other fhan skylights or olerestories, buUt within 29 feet of tie street side property boundary line along the south side of any home erected on the property.

10. Deck: There shall be no roof deck built within 29 feet of the street side property boundary line on any home erected on the property.
11 .Height: Within 29 feet of the street side property line, the maxmium height for any home erected on the property shall be 28 feet fi-om existing grade.

Mitigation Measures from the Mitigation Monitoring and Reporting Program:Page 201 of 648

12. The proj ect applicant for future development of Lot 2 shall reduce the severity of the project's effect on aesthetics by implementuig tiie foUowing the following mitigation measures:
a. The future proj ect shaU be landscaped to soften the view of the development from off-site locations.
b. Landscaping shall be designed to be compatible will existing vegetation on site and in surrounding areas.
c. The new building shall be designed to be visuaUy compatible witii the existing buildings.
d. The applicant shall contact the San Francisco Bay Conservation aad Development Commission (BCDC) and apply for all required permits prior to cxmstruction.

13. The project applicant for future development shall reduce the severity of project effect on Geology and Soils by following fhe followmg mitigation measures:
a. The future project shall be designed in accordance with the 2007 California Bnildmg Code (CBC), which has been adopted by the City of Richmond. b. The rear setback for future development of a building shall be approximately seventeen feet (17') fi-om the top of slope.
o. Best Management Practices (BMPs) for sediment and erosion control shall be followed during construction.
d. An erosion control plan shall be prepared prior to issuance of a Building Permit and implemented, during construction activities. e. A buUdiag project shall inclu.de measures such. as selective removal of expansive soils and weathered rock in fouadafion. and concrete slab areas and replacement -with non-expansive select fill to mimmize the potential damage to site improvements.
£ AU prelimmary design recommendations mdicated iu ftie Prelimmary Soils Bivestigation and Initial Geology and Soils Analysis (Appendix B) shall be followed.

14. The proj.eot applicant for future development shall reduce the severrfy of project effect on Hydrology and Water Quality by following mitigation measures:
a. The future project will be required to provide positive runoff. b. The fatui-e project -will be req'uired to incorporate pervious coverage in hardscape and landscape plans for absorption;
c. The rear setback for future development of a building shall be approximately seventeen (17) feet from the top of slope.
d. Best Management Practices (BMPs) for sediment and erosion control shall be followed during construcfion.

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I certify Ihat -tfae foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof, held on November 3, 2009, by fhe following vote:

AYBS:

Approved:

GAYLE MCLAUGHUN
Mayor
Approved as to form:

Couacilmembers Bates, Butt, Rogers, Ritterman, Viiamontes, Vice Mayor Lopez, and Mayor McLaughlin.

NOES: None.

ABSTENTIONS: None.

ABSENT: None.

DIANEHOLMES
Clerk of the City of Richmond
[SEAL]

RANDY RIDDLE
City Attorney
State of California }
County of Contra Costa
City ofRic'hmond }
:ss.

I certify that the foregoing is a true copy of Resolution No. 128-09, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on November 3, 2009.

1 of 2

RESOLUTION NO. 21-X

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMON D DENYING THE APPEAL AND UPHOLDING T HE PLANNING COMMISSIO N’S CONDITIONAL APPROVAL

OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO CONSTRUC T A SINGLE-

FAMILY RESIDENCE ON A VAC ANT PARCEL WITHIN THE -S, SHORELINE OVERLAY ZONE, AT 357 WESTERN DRIVE (PLN20-043).

WHEREAS, Rudi Garbelmann ( the “applicant”) requests approval of a Conditional Use Permit and Design Review for th e construct ion of a single-family residence (“Project”) at 357 Western Drive (APN: 558-185-006) (“subject site”) within the -S, Shoreline Overlay Zone; and WHEREAS, on October 7, 2021, at a publ ic hearing the Planning Commission reviewed the Project and voted to approve the Conditional Use Permit and D esign Review, subject to conditions to be incorporated in the attached plans (Exhibit A) ; and

WHEREAS, on October 18, 2021, an appeal was file d by Claire Arbour, Simon Winer, and Ron Elson , property owner s surrounding the project site, objecting to the Planning Commission approval of the Conditional Use Permit and Design Review (PLN20-043).

WHEREAS, on December 7 , 2021 , the City C ouncil conducted a prop erly noticed public hearing pursuant to Californ ia Government Code S ection 65090 and has duly considered all written and verbal testimony presented before or during th e hearing, including the staff report ; and

WHEREAS, the proposed projects is categorically exempt under Section 153 03(a) of the California Enviro nmental Quality Act (CEQA ): In urbanized areas, up to three single -family residences may be constructed under this exemption.

NOW, THEREFORE, BE IT RESOLVED , on the b asis of the written appeal, plans, materials, agenda report, and testimony received at or before the public hearing, the City Council does hereby denies the appeal and affirms the Planning Commission’s conditional use permit and design review for the Project.
-------------------------------------------------------------------------------------------------------------

I CERTIFY, that t he foregoing resolution was adopted by the City Council of the City of Richmond, California, at a regular meeting held on December 7, 2021.

AYES:

NOES:

ABSTENTIONS:

ABSENT:

__________________________

CITY CLERK

2 of 2

_____________________
Tom Butt
MAYOR

Approved as to form:

_____________________________

CITY ATTORNEY

PROJECT TEAM
OWNER
RUDt GARBELMANN
P.O. BOX 70371
RICHMOND, CA 54807
[email protected]
(4IS) 636.1786

ARCHITECT
GUNKELARCHrrECTURE
229S SAN PABLO AVENUE
BERKELET. CA, M702
(510)98-M)[2

NEW SINGLE FAMILY
HOME
357.WESTERN DRIVE, RICHMOND, CA 94801

DESCRIPTION OF WORK
CONCTTCUCnON OF NEW StNGl£WM]LT DWELUNG p^TOIt]E5? 1

SYMBOLS
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PROJECT INFORMATION
LOT;
VWX A1LOWABLE HEIGHT:;
ACTUW. HEIGHT; U-.ll"ATHIGHPOimi
MAX R-OGK AREt. AU.OWED: ZSOO SF
TOTAL FLOOH AREA: U<0 SF CT ANDINC
MAX COVBWG& um, ^sx
PBCTOSED COVERAGE I.W SF. 3K
PAiUaNRZ
CONSTitUCTIONTrrc:V.B

CODE COMPUANCE
3Y ADOPTION AND REPRINTS THE2BIB
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C^UFOFU-M PLUMBING CODE (NCOnPOilATES BrADOPTIO
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ASSESSOR'S MAP

VICINITT MAP
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SHEET INDEX

ARCHITECTURAL

VIEW ANGLE STUDT

IBUILDABLSAHEA DIAGRAM
1 HBGHT DIAGRAM

IANDSCAFE PIAN

UNEELEWTIONS
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Exhibit B

Neighborhood Outreach & D^signReview Timeline
11 meetings over 22 months
Project Kick-off
Met with neighbors
Second Neighborhood
Council Meeting -
Project AoDroval
DRB Subcommittee
Meeting
Planning
Commission
Meeting #1
DRB Subcommittee
Review Meeting
for PC
Planning
Commission
Meeting
Continued #4
First Neighborfiood
Council Meeting
DRB Study Session DRB Final
Meeting-Staff
Recommended
Approval
Planning
Commission
Meeting
Continued #2
Planning
Commission
Meeting
Continued #3
Improvements made along the way include:

1. Reduction in the height of the house facing neighbors during neighborhood council

2. Narrowed the foyer in front of the house facing the neighbors during DRB review

3. Reduced the pitch of the roof to make it less stark and changed reflective building materials for DRB

4. Provided additional view studies requested by the Design Review Board

5. Met with DRB subcommittee again & provided additional view studies requested by the Planning Commission

6. Removed the rooftop deck to preserve the privacy of the neighbors during PC

7. Further reduced the pitch of the roof and added a flat roof section for the PC BCDC Shoreline Overlay District Restrictions
The BCDC issued a permitto build in 2012 (permit #M1986.015.02B) with the following restrictions to accommodate neighbors' privacy and protect public views, which was subsequently approved by the Planning Commission:

1. Maximum height limited to 28ft for the first 29ft of the street-side property line

2. No windows for the first 29ft of the street-side property line

3. No rooftop deck for the first 29ft of the street-side property line

4. A larger rear setback to maintain a distance of 17ft from the cliffs edge

5. An established view corridor 5ft wide, along the southern property line

6. An established view corridor 10ft wide, along the northern property line We have followed all BCDC restrictions, and have actually lowered the house by over 6ft under the maximum allowable height to further protect neighbors' views, in addition to narrowing the footprint of the home by 6ft to provide a more expansive water view for neighbor Simon VVinor across the street.

Project Revisions:

Since project kick-off in late 2019, we have met with neighbors multiple times and made numerous revisions. The home is much shorter and narrower than current standards allow and lower than previously established BCDC restrictions. We installed story poles and worked closely with our neighbors through the Point Richmond Neighborhood Council and after revisions, received unanimous approval from the Council. Compared to other homes in the neighborhood, this project is quite modest in size and celebrates the diversity of home designs that define the unique character of the Point. We then made additional changes for the DRB but unfortunately the members could not reach a consensus to provide a recommendation to the Commission.

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GUNKEL ARCHITECTURE
2295 SAN PABLO AVENUE
BERKELEY CA 94702
GUNKELARCHITECTURE.COM
PHONE: (S10) 984 - 1112

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GUNKEL ARCHITECTURE
2295 SAN PABLO AVENUE
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GUNKELARCHITECTURE.COM
PHONE; (510) 9S4 - 1112

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LEGEND

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CONDITIONS

OF APPROVAL

NEW SIHGLE FAMILY
HOME
357 WESTERN DRIVE
RICHMOND, CA 94801

GUNKEL ARCHITECTURE
2295 SAN PA0LO AVENUE
BERKELEY CA 94702
GUNKELARCHITECTURE.COM
PHONE: (510) 984 - 1112

DATE OF SURVEY: MAY 2021.

UTILITIES FOUND ARE BASED UPON SURFACE EVIDENT FINDINGS. RECORDS OF UT1UTIE5 WERE NOT UTILIZED FOR THIS SURVEY . TREES SHOWN ARE THOSE OF SIZE SIGNIFICANCE. THE SITE CONTAINS OTHER TREES UNDER S" AND ARE NOT SHOW FOR MAP CLAR1PC. •TREE CLASSinCATlONS ARE TO THE 3E5T KNOWLEDGE OF THE SURVEYOR. AN ARBORIST MUST SPECIFY ACTUAL TREE TfPE. TREE TRUNK LOCATIONS ARE APPROXIMATE. TREES THAT CROSS A FROPERFl' UNE AT GROUND LEVEL SHOULD BE CQNSIGERES TO BE JOINTLY OWNED BY THE RESPECTIVE PRDPERPf OWNERS. CONSULT AN ARBORIST FOR DETAILS, THE SURVEY CREW. SOME ELEMENTS MA'i
PHYSICAL ITEMS SHOWN ON THIS SURVEY AFiE UMITED TO THOSE: SURFACE ITEMS VISIBLE AS OF THE DATE OF THIS SURVEY AND FROM AVAILABLE RECORD DATA. SUBSURFACE OBJECTS. IF ANY, MAY NOT BE SHOWN. SAID SUBSURFACE OSJECTS MAY INCLUOE, BUT ARE NOT UNITED TO, UNDERGROUND U-nuFl' UNES. UTILITY VAULTS. CONCRETE FOOTINGS, SLASS. SHORtNG, STRUCTJRAL FILES. PIPING.

UNDERGROUND TANKS, AND ANY OTHER SUBSURFACE STRUCTURES NOT REVEALED 9f A SURFACE INSPECTION.

DtMEMSiONS SHOWM HEREON ARE GROUND DISTANCES IN FEET AND DECIMALS THEREOF. ^
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PARCEL MAP MS 756-08
BOOK 213 OF PARCEL MAPS 18
BASIS OF BEARINC3S

BASIS OF BEARINGS IS THE

FOUND REBAR AND CAPS
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FLOW LINE OF THE SANITARY

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PLANTING SUGGESTIONS
DEC1DUOUS TREES
Japanese Maple
Betula

DECIDUOUS SHRUBS
Rosa 'Iceberg'

EVERGREEN SHRUBS
Euonymous 'Green Spire'
Junipers
Laurel nobilis
Pittosporum 'Golf Ball'
Nandina 'Monum'
Thuga 'Emergald Green'
or "Daniellow'
Thuga Green Giant'
Podocarpus

PERENNIALS
Salvia species Penstemon
species Phormium 'Torn
Thumb'

GRASSES & SEDGES
Carex species'
Chondropetalum
tectorum

SUCCULENTS
Agave species
Dudleya species

GROUNDCOVERS
Ceanothus
Junipers
Manzanita

CLIMBERS
Clematis species Lonicera
species •
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CHRISTINE KRAUSE DESIGN STUDIO
CHRISTINEKRAUSEDESIGN.COM
[email protected]
CHRISTINEKRAUSEDESIGN.COM

GARBELMAN RESIDENCE
157 WESTERN DRIVE
RICHMOND, CA 94801
""'DRAWING: PLANTING-DESIGN PLAN
.SCALE: V8"°W "
DATE: 6 JAN 2020
REVISED: 27 MAY 2020
DRAWN BY: Christine Krause

DRAINAGE

1. SITE RETAINING WALLS & FOUNDATIONS TO
HAVE FRENCH DRAINS AT BASE TYP. HARD PIPE
TO DtSSlPATORS OR. LANDSCAPING

2. ALL ROOF DRAINS ROUTED TO D1SS1PATOR. IN

HARD PIPE
SII°23'SO"E 0.60'
377 WESTERN-DRIVE
(E) SINGLE FAMILY
HOME
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OUTFALLDISSIPATOR NOTE: ALL ROOF DRAINAGE TO BE COLLECTED TO DOWNSPOUTS TO BE CONNECTED TO (N) TIGHTLINE DRAIN SYSTEM t\& \
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Police Department

DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Louie Tirona, Acting Chief of Police

Subject:
(This will appear on the agenda)
Police Staffing Presentation
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Not Applicable

STATEMENT OF THE
ISSUE:

Staff presented an overview to the City Council in late July 2020 of police resources. Staff intends to present an updated overview to include modifications made to the
current service model.

RECOMMENDED ACTION:
(This will appear on the agenda)
RECEIVE an updated staffing presentation from the
Police Department to include changes to the services
provided to the community based on resource allocation
due to financial and efficiency considerations – Police Department (Acting Chief Louie Tirona 510-621-1802).

This item was continued from the December 7, 2021,
meeting.

DISCUSSION:

AGENDA
REPORT

DOCUMENTS ATTACHED:

PowerPoint presentation

RICHMOND POLICE DEPARMENT
STAFFING UPDATE DECEMBER, 2021

ACTING CHIEF LOUIE TIRONA
1

OVERVIEW
• Historical staffing comparisons
• 2021 sworn staffing separations
• Current staffing situation
• 2022 priorities, modifications and resource allocation • Recruiting efforts
2

OUR MISSION
The mission of the Richmond Police Department is to prevent crime and maintain order. We work in partnership with our diverse community to help solve neighborhood problems and improve the quality of life in Richmond. We will perform in a manner that promotes public trust, confidence and a sense of safety and security.

OUR VALUES
Integrity, Professionalism, Service, Leadership and Respect We hold these Core Values as fundamental beliefs that form the foundation on which we perform work and conduct ourselves. They require constant abidance in an ever- changing world. They are practices we strive to use everyday in everything we do. 3

196
188 182 177 178 178
157
145
182 182
167 169 168 164
149
130
0 50
100
150
200
250
FY 2014-2015 FY 2015-2016 FY 2016-2017 FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 SWORN POSITIONS BUDGETED VS. ACTUAL
Budgeted Actual
4

1 1
1 1
2 2
2 10
0 2 4 6 8 10 12
Sonoma County
El Cerrito
Sacramento
Nevada County
Pittsburg
Antioch
San Pablo
Retired
2021 SWORN SEPARATIONS
5

CURRENT STAFFING SITUATION
Current vacancies are the result of separations that occurred after the beginning of this current fiscal year in addition to beginning the year with two carry-over management level vacancies.

Additionally, we currently have fourteen sworn personnel on injury leave, four sworn personnel on long term sick leave and three sworn personnel on modified duty.

RETIREMENT ANALYSIS
Currently, 21 officers are eligible for retirement.

By December 2023, 33 current sworn personnel will be eligible for retirement. 6

2022 PRIORITIRES 7
• Staffing patrol to provide the greatest level of direct action service to the community
• Enhanced training for our officers
• Comprehensive investigations will be a priority for patrol officers due to changes in Investigative resource allocation
• Policy development, updates and legislative compliance will be a priority • Development of an improved return to work program for injured employees • Retention, Recruiting and Hiring

2022 MODIFICATIONS
• Regulatory Unit will be eliminated, services transferred to Code Enforcement.
• Robbery and Property Units will be combined under one unit, the General Crimes Unit.
• Crime and Violence Reduction Team personnel are being transferred back to patrol with one sergeant focused on intelligence gathering and information sharing for focused patrol/investigative efforts.
• Specialty units such as Traffic and Youth Services will maintain vacancies. • An analysis of calls for service and resolutions will be conducted to better inform our efforts.
8

2022 SWORN DEPLOYMENT
Patrol
1 Captain
5 Lieutenants
12 Sergeants
54 Officers
2 Trainees
Traffic
1 Sergeant
4 Officers
Investigations
1 Vacant Captain
1 Lieutenant
5 Sergeants
16 Detectives
Administrative
1 Chief of Police
1 Assistant Chief
1 Captain
1 Lieutenant
5 Sergeants (Admin, Records,
Policy Review/Development and
the Office of Professional
Accountability)
3 Officers (one assigned to the jail)
9

72 Patrol
23 Investigations
12 Admin
2 Training 16 Injured
5 Traffic
2022 SWORN PERSONNEL

ALLOCATION
Patrol Investigations Administration Training Injured Traffic 10 65 Patrol
32 Investigations
10 Admin
2 Training 16 Injured
5 Traffic
2021 SWORN PERSONNEL

ALLOCATION
Patrol Investigation Administrative Training Injured Traffic

RETENTION, RECRUITING AND HIRING
 National Climate

1. Do people even want this career?
 Regional Challenges

1. Comparative Pay and Benefits
 Local Challenges

1. Why do candidates not choose Richmond?
11

“In 2020, there were more assaults and murders of police nationally than any other previous year, and the increase has been steep and swift. There were 4,071 more officers assaulted in 2020 than 2019, according to the FBI’s Law Enforcement Officer Killings and Assaults database.” CPR News, 11/2/21
“Nationwide, interest in becoming a police officer is down significantly. In Nashville, job applications dropped from 4,700 in 2010 to 1,900 last year. In Seattle, applications have declined by nearly 50 percent in a department where the starting salary is $79,000.” Washington Post, 12/4/18
“In many places, police morale has plunged and retirements and resignations have soared. A June survey of nearly 200 departments by the Police Executive Research Forum (PERF), a nonprofit think tank, shows a startling 45% increase in the retirement rate and a nearly 20% increase in resignations in 2020-21 compared to the previous year.” NPR, 6/24/21 NATIONAL CLIMATE 12

REGIONAL CHALLENGES
BART PD - $15,000 hiring bonus
Trainee pay $72,900/year
Alameda Sheriff - $10,000 to $15,000 hiring bonus
Trainee pay $80,891/year
Contra Costa SO -$3,000 hiring bonus
Trainee pay $52,390/year
RICHMOND PD – No hiring bonus
Trainee pay $48,000/year
13

REASONS FOR WITHDRAWALS FROM OUR TESTING PROCESS
Compensation and benefit package at RPD lacking compared to other like-sized police agencies.

New hire pay is significantly less than comparable police agencies.

The perception that there is a lack of support from the city leadership.

Concern over reprisals and retaliation from the city leadership regarding complaints. “Your city is probably going to lay off officers next contract.” “I’m going to work for an agency where police work is still respected.” 14

245
86 81
117
72 43
11 7 7
0 50
100
150
200
250
300
2019 2020 2021

POLICE OFFICER CANDIDATES

NUMBER OF APPLICATIONS RECEIVED NUMBER OF CANDIDATES PROCESSED CANDIDATES HIRED 15

RECRUITING EFFORTS
16

CENTRALIZED “RECRUITING” PAGE FOR CANDIDATES– JoinRichmondPD.com • Basic overview of positions (Trainee, Academy Grad, Lateral) • Benefits/Perks of Richmond PD
• FAQs, including minimum qualifications, hiring process overview

GOALS OF THE RECRUITING SITE
• Answer candidates’ common questions
• Engage with candidates! “Why Richmond PD?”
17

Immediate Action:
• Coordinate anticipated timeline of application and testing dates • Gather and create visual content
• Identify anticipated audience groups
• Edit and revise COR site and recruiting website
Intermediate Action:
• Identify and attend recruiting events, specific to target audiences • Launch campaign on media and/or ad sites
• Market Richmond as an attractive community for candidates • Gather applications and facilitate testing processes
• Hiring procedure – documentation and revision
Future Action:

Ongoing – Assess results and revise as necessary
18

FINAL THOUGHTS
Barry Kinsberg, a senior fellow at the University of California at Berkeley law school was quoted in 2015, “If you were looking for what police ought to do, I would send you to Richmond.” Additionally, the department was described as a “model of community policing.”
Loretta Lynch, former President Obama’s Attorney General, even visited Richmond PD to highlight the department as a national example of community policing. She is quoted as saying, “Through the Richmond Police Department’s community policing model, you are showing how developing positive relationships between law enforcement officers and the residents, businesses, schools, faith organizations and community groups in their jurisdiction can create benefits for the entire community.” We are still the same department with many of the same employees who implemented the strategies that garnered national acclaim. We are committed to the mission of providing exemplary policing services to the Richmond community.
19

Department

DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Councilmember Claudia Jiménez

Subject:
(This will appear on the agenda)
Update from Chevron Refinery
FINANCIAL IMPACT: There is no financial impact related to an update on the oil spill.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Representatives from the Richmond Chevron Refinery
will provide a report on the oil spill from February 9, 2021, at the Chevron Long Wharf.

RECOMMENDED ACTION:
(This will appear on the agenda)
RECEIVE an update from the Richmond Chevron
Refinery on the February 9, 2021, oil spill at the Chevron Long Wharf - Councilmember Claudia Jimenez (510-620-
6565). This item was continued from the December
21, 2021, meeting.

AGENDA
REPORT

DISCUSSION:

The Richmond City Council has not received sufficient information from the Chevron Refinery regarding the oil spill that occurred at the Chevron Long Wharf on February 9, 2021. The oil spill resulted in 750 gallons of low-sulfur diesel fuel, creating a sheen that spread for several miles across the bay.

Representatives from Chevron have been invited to provide an update on the oil spill. I am requesting answers to the following questions:

1. Lessons Learned - What did Chevron learn from the incident? Has Chevron addressed the issues it found so that something like this won't happen, again? Are there additional monitoring measures that Chevron is now taking, such as pipeline integrity monitoring (internal or external), etc.?

2. Repairs - Has Chevron completed all repairs?

3. Timeline - Did Chevron have a drone, helicopter, or something in the air before our drone went up? When Chevron had something in the air, was it taking pictures or investigating a reported leak? What was Chevron’s internal timeline for the event? When did Chevron learn of the leak? How did Chevron learn about it?

DOCUMENTS ATTACHED:

None

ATTACHMENT C
30-DAY FOLLOW-UP NOTIFICATION REPORT
FORM

CONTRA COSTA HEALTH SERVICES
INSTRUCTIONS: A hardcopy and an electronic
copy of this report is to be submitted for all Level 2
and 3 incidents or when requested by CCHS. See
Attachment C-1 for suggestions regarding the type
of information to be included in the report. Attach
additional sheets as necessary. This form is to be
used for update reports after the initial 30-day report has been submitted. Forward the completed form to:

ATTENTION: Matt Kaufmann
Hazardous Materials Program Director
Contra Costa Health Services Department
4585 Pacheco Boulevard, Suite 100
Martinez, CA 94553-2229

INCIDENT DATE: February 9, 2021
INCIDENT TIME: 14:36
FACILITY: Chevron Richmond Refinery

PERSON TO CONTACT FOR ADDITIONAL INFORMATION:

Patricia Roberts: (510) 242-3887 (office)

PROVIDE ANY ADDITIONAL INFORMATION THAT WAS NOT INCLUDED IN THE 72- HOUR REPORT WHEN THE 72-HOUR REPORT WAS SUBMITTED, INCLUDING

MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES, COMMUNITY IMPACT, INJURIES, ETC.:

On February 9, 2021, at approximately 2:36 pm, a private citizen notified the Refinery Shift Lead of a sheen on the water in the vicinity of the Richmond Long Wharf (RLW). At approximately 3:14 pm, the leak was determined to be from piping circuit 1611-X005-003 (003 Line) on the RLW from a hole approximately ¼ inch in diameter on the bottom of the line. Booms were deployed around the leak area, routine RLW activities were shut down, and the area was evacuated of non-essential personnel.

Operations isolated the 003 Line and pumped material from it into a recovered oil tank. The leak was confirmed to be stopped at approximately 4:35 pm.

Based on the conservative assumptions that the line contained 100% hydrocarbon and was liquid-packed at the time of the leak, the Chevron Richmond Process Engineering Department calculated that up to 18.1 barrels of hydrocarbon leaked into the San Francisco Bay, resulting in an internal Level 3a classification (1-50 bbl of hydrocarbon to water). A TapRoot team was commissioned, notwithstanding the fact that only Level 3b incidents require such review. The material was characterized as low sulfur diesel and flush water with a flash point of 146° F. According to the Unified Command (UC), no reports of impacted wildlife were made to the Oiled Wildlife Care Network hotline, and no impacts to wildlife were observed by response personnel during the duration of the response. The California Office of Environmental Health Hazard Assessment also determined that no fishery closures were warranted. On February 23, 2021, after no sheen was observed over a four-day monitoring period, the UC determined that clean-up endpoints had been achieved.

30-DAY REPORT, PAGE 2
INCIDENT DATE: February 9, 2021
FACILITY: Chevron Richmond Refinery

I. INCIDENT INVESTIGATION RESULTS
Is the investigation of the incident complete at this time? ____X____Yes _________No If the answer is no, when do you expect completion of the Investigation? _______________________ If the answer is yes, complete the following:

SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT:

External visual inspection, ultrasonic testing, radiographic testing, saturated low frequency eddy current (SLOFEC) inspection, and subsequent postmortem internal inspection indicated that the damage was the result of localized internal corrosion at a location of fractured cement lining.

Several damage mechanisms may have contributed to the failure, including under deposit corrosion. A 2021 SLOFEC inspection of the 003 Line found localized corrosion in the vicinity of the leak location along the bottom of the pipe. Radiographs show breaks in the cement lining and localized pitting on the lower sections of horizontal pipe, where failed lining may have allowed deposits to collect. This damage location and morphology is characteristic of under deposit corrosion. Under deposit corrosion is the result of an isolated and corrosive environment forming underneath deposits or sediment in piping and vessels.

The corrosion drivers can be a combination of factors, such as corrosive species concentrating under deposits, and the galvanic effect resulting from electrochemical differences between the piping covered by the deposits and the uncovered piping. In the case of the cement-lined segments of the 003 Line, penetration of water underneath the cement lining could have facilitated this type of corrosion leading to the failure.

Chevron’s severity classification for a release of liquid hydrocarbon is a function of the volume of hydrocarbon released. Releases of liquid hydrocarbon to water have increased severity classifications as compared with releases to land of the same volume. If the leak was detected and contained sooner and/or if passive containment prevented the hydrocarbon from entering the water, the severity of the event would have been reduced (i.e., Level 1 or 2 instead of Level 3a incident).

SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION:

Recommended Action Targeted Milestone /
Completion Date(s)
Review the design and inspection plan that applied to the 003 Line and provide any recommended alternatives.
1/28/2022
Communicate/train wharf operations on Loss/Near Loss and Management of Change practices and procedures.
4/29/2022
For fixed equipment at the wharf, consider implementing a process and/or utilizing tools similar to the “bad actor” process utilized for rotating equipment.
4/29/2022
Review piping and instrumentation diagrams (P&IDs) and inspection isometrics for lines with cement lined piping in hydrocarbon service and other lines whose piping design is unique to the wharf.

Cement-lined piping
(4/29/2022)
Other lines unique to
the Wharf
(1/27/2023)

30 DAY REPORT, PAGE 3
INCIDENT DATE: February 9, 2021
FACILITY: Chevron Richmond Refinery

Recommended Action Targeted Milestone /
Completion Date(s)
Review leak detection technologies (e.g., tell tales, cameras, flow/pressure indication, etc.) and/or passive containment technologies. 10/28/2022

STATE AND DESCRIBE THE ROOT-CAUSE(S) OF THE INCIDENT:

Contributing Factor 1. The cement-lined carbon steel pipe in intermittent use failed due to internal corrosion.

• Root Cause 1. The asset strategy for the 003 Line did not include inspection techniques that were adequate for detecting localized corrosion in cement-lined pipe. • Root Cause 2. Loss/Near Loss Reports for prior incidents had not been consistently generated. • Root Cause 3. There is no formal process to trigger lookbacks on the history of the line that could track “bad actors.”
• Root Cause 4. MOC review may have provided an opportunity to identify any concerns unique to cement-lined piping.

Contributing Factor 2. If the leak was detected and contained sooner, the severity of the event would have been reduced (i.e., Level 1 or 2 instead of Level 3a incident).

• Root Cause 5. Leak detection and passive containment at RLW requires further review.

(insert date of meeting)

City Attorney's Office

DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Anil Comelo, Interim Deputy City Manager

Subject:
(This will appear on the agenda)
Amendment to legal services agreement with Ellis
Investigations, L.C.

FINANCIAL IMPACT: The cost of these services is considered a part of the program administration costs and accounted for in the FY 2021-2022 Risk Management budget (Risk Management
Legal Services – Non-General Fund 50182316-400206).

The services are provided on an hourly rate so the actual amount spent could be less.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Ellis Investigations, L.C. is currently retained to
confidential personnel investigations for the City. Staff is requesting approval of a first amendment to an existing legal services agreement Ellis Investigations, L.C. in the amount of $90,000 to enable the firm to continue
conducting personnel investigations.

AGENDA
REPORT

(insert date of meeting)
RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE a first amendment to an existing legal
services agreement with Ellis Investigations, L.C., to
conduct personnel investigations for the City in the
amount of $90,000, for a total contract amount of
$100,000, for a term of December 21, 2021, through
June 30, 2023 - Human Resources Department (Anil
Comelo 510-620-6602). This item was continued from
the December 21, 2021, meeting.

DISCUSSION:

The City is required to address complaints of discrimination, harassment and retaliation.

Whenever the City is made aware of a complaint or report of harassment, the City conducts an immediate, thorough and objective investigation. Similarly, the City investigates other workplace issues when appropriate. Other workplace issue investigations include employee misconduct or other personnel issues. Investigations can be conducted internally or externally depending on the circumstances and the alleged parties.

In 2018, the City Attorney’s Office conducted a Request for Qualifications (RFQ) for attorney services and the law firm of Ellis Investigations, L.C. is on the list of qualified firms. The City Attorney’s Office is also bringing forward an item to approve a list of qualified law firms to provide legal services, including personnel investigation services, to the City. Ellis Investigations, L.C. is also on the 2021 RFQ list.

Ellis Investigations, L.C. conducts public sector personnel investigations and works with municipalities throughout the Bay Area. The City entered into an initial legal services agreement for $10,000 on October 22, 2021. The proposed first amendment is for $90,000 for a total contract amount of $100,000, to enable the firm to continue providing investigatory services to the City. The term of the first amendment expires on June 30, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – First Amendment to Legal Services Agreement Attachment 2 – Legal Services Agreement

First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND
ELLIS INVESTIGATIONS, L.C.

This First Amendment to the A greement for L egal Services between the City of Richmond (“City”) and ELLIS INVESTIGATIONS, L.C . (“Special Counsel ”) (the "First Amendment") is enter ed into as of DECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities, in connection with confidential personnel investigations for a total contract amount of Ten Thousand Dollars ($10,000) and expiration term date of June 30, 2023; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to increase the compensation limit by Ninety Thousand Dollars ($90,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment
. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

First Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.

CITY OF RICHMOND ELLIS INVESTIGATIONS, L.C.

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Ellis Investigations, L.C. shall conduct confidential personnel investigations.

Scope of Engagement:

The City understands that there are no guarantees as to the outcome of the investigation.

As an independent contractor, Special Counsel has the right to determine means, manner and findings related to the investigation. The City agrees to allow Special Counsel full discretion to undertake the investigation and otherwise make findings without influencing or interfering with the outcome. The City understands and acknowledges that Special Counsel will exercise independent judgment to make whatever findings it deems are warranted based on the evidence developed in the investigation, and that this engagement is not dependent on Special Counsel making or failing to make a particular credibility determination, finding of fact or conclusion. After conducting relevant interviews and reviewing relevant documents and information, Special Counsel will, if requested by the City, prepare a written report summarizing the investigation and findings.

Legal Services:

It is understood that in this engagement, Special Counsel and the City have an attorney- client relationship and that Special Counsel is providing professional legal services based on its professional experience and expertise. Special Counsel has been retained to use its legal skills to assist the City in developing a response to the concerns. Specifically, Special Counsel will use its expertise in employment law to arrive at findings based on its professional evaluation of the evidence. The parties intend that the investigation, including Special Counsel’s communications, work product and final investigation report, will be covered by the attorney-client privilege and attorney work product protections to the extent legally permissible, unless waived by the City.

Limited Scope Agreement:

The scope of this attorney-client representation is limited. Special Counsel will render legal advice to the City on issues limited to the investigation process. Special Counsel will conduct the investigation as an attorney in furtherance of the City seeking legal advice to resolve the underlying issues. The City will seek legal advice, as appropriate, from other counsel regarding what action to take as a result of the investigation. The scope of the investigation does not include rendering any legal conclusions, making recommendations or, in the event of litigation or administrative claim, representation of the City or anyone else involved in the litigation or claim.

First Amendment to Agreement for Legal Services A-4
Specifically, the City expressly agrees that it will look to its regular legal counsel for such services, as well as for advice with respect to issues which may arise relating to the investigation. This includes, without limitation: (1) the admonitions, if any, to be made to employees who are interviewed concerning confidentiality; (2) the consequences of employee failure to cooperate in the investigation; (3) the accessing of electronic and other data; (4) document retention; (5) litigation holds; (6) appropriate interim employment measures pending investigation; (7) compliance with the federal Fair Credit Reporting Act; and (8) compliance with the California Investigative Consumer Reporting Agencies Act. The City agrees it will comply with employer-required notice and consent rules to the extent applicable, including those under Civil Code sections 1786 et seq.

The City also agrees it will look to its regular legal counsel for advice with respect to issues of attorney-client privilege, scope of privilege, waiver and work product in connection with Special Counsel’s services.

Other Work:

If called upon in the future to testify, respond to discovery about the engagement, or defend the confidentiality of the investigation in any proceeding City agrees to pay Firm for work related to such testimony or discovery at then applicable current rates for such work. In the event of a rate increase, Special Counsel will notify the City in writing before any increase becomes effective. Attorneys’ fees for the investigator’s separate counsel in the event of the need to respond to discovery, prepare for or testify about the investigation.”

Schedule of Fees & Charges
:

Hourly Rates

LESLIE ELLIS $435/hour
OTHER ATTORNEY INVESTIGATORS $315-435/hour
LEGAL SUPPORT SPECIALIST $185/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred Thousand Dollar ($ 100,000) for attorneys’ fees and reimbursements.

1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND
ELLIS INVESTIGATIONS, L.C.

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 22ND day of OCTOBER, 2021 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and ELLIS INVESTIGATIONS, L.C. comprised of attorneys who conduct personnel investigations (“Investigators” or “Special Counsel”) with its principal place of business located at 455 CAPITOL MALL, STE.205, SACRAMENTO, CA 95814. Investigators may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Ellis Investigations, L.C. represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

The Original Agreement shall be amended and replaced in its entirety to read as follows:

1. RETENTION OF FIRM.

City hereby retains and authorizes Ellis Investigations, L.C. to provide investigatory legal services as may be requested, from time to time in writing by the City Attorney on an as- needed basis.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Ellis Investigations, L.C. are to commence upon OCTOBER 22, 2021 DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

2 and shall terminate on JUNE 30, 2023, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than LESLIE ELLIS, KATE SVINARICH, TRACY LAW, TANIA SEANPANAH and LUCY LI. It is agreed by and between the Parties that should it be desirable for any attorney other than the attorneys listed above to work under this Agreement, such attorney may be added only with the express written consent of the City Attorney.

5. PUBLIC FUNDING.

Investigators and City mutually recognize that Investigator’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Investigators scrupulously adhere to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost-effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Ellis Investigations, L.C.’s performance of legal services on behalf of City under the terms of this Agreement, the firm shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Ellis Investigations, L.C. shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected]
.

8. BILLING.

Ellis Investigations, L.C. shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Ellis Investigations, L.C. shall not use legal professionals for DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

3 secretarial work and under no circumstances shall Investigators have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by an assistant or secretary.

9. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Ellis Investigations, L.C. may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of attorneys under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Ellis Investigations, L.C. agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

10. CONFLICTS OF INTEREST.

No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

11. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Ellis Investigations, L.C. bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

12. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement.

Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Ellis Investigations, L.C. shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Ellis DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

4 Investigations, L.C. shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, Ellis Investigations, L.C. shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

13. NON-DISCRIMINATION.

A. As set forth in Chapter 2.28 of Richmond Municipal Code, no discrimination will be made in the employment of any person under this Agreement because of race, religious creed, sex, sexual orientation, national origin or ancestry.

Investigators agree to meet all requirements of the Richmond Municipal Code pertaining to nondiscrimination in employment.

B. If Ellis Investigations, L.C. is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

14. INDEMNIFICATION.

Special Counsel agrees to indemnify the City against all damages caused by Special Counsel’s intentional or negligent acts, errors or omissions (including, without limitation, professional negligence) in the performance of professional services. City agrees to indemnify the Special Counsel against all damages caused by the City’s intentional or negligent acts. Neither the Special Counsel nor the City shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence.

Notwithstanding the foregoing, Special Counsel shall have no obligation to indemnify the City for any actions, claims, complaints, damages or demands, liability, costs, losses and expenses, actual or threatened, brought by an employee, agent or witness arising from the issues under investigation.

15. INSURANCE REQUIREMENTS.

Ellis Investigations, L.C. shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

5 certificates of insurance and coverage verifications as defined in Exhibit D, attached to this Agreement and incorporated by this reference.

16. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Ellis Investigations, L.C. in connection with matters upon which the City has retained Ellis Investigations, L.C. shall not be shown or distributed to any other public or private person or entity except as authorized in writing by the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Ellis Investigations, L.C. or other such information, documents, records, data or other materials to which the Ellis Investigations, L.C. has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Ellis Investigations, L.C. shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

17. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

18. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to Special
Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

19. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

20. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

6 shall not be affected thereby.

21. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

22. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Ellis Investigations, L.C. agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). The firm must submit the Sanctuary City Compliance Statement included herein as Exhibit C along with the bid or proposal prior to execution of the contract.

23. COUNTERPARTS.

This Legal Services Agreement may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

7 The Parties acknowledge and accept the terms and conditions of this Agreement a s evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

ELLIS INVESTIGATIONS, L.C.

By:

Title
: _______________________________
Dat
e: _______________________________

CITY OF RICHMOND
____________________________
C
ity Manager
Na
me:______________________
_
Date: _______________________
APP
ROVED AS TO FORM:
__________________________
C
ity Attorney
ATTEST:
__________________________
C
ity Clerk
Leslie D. Ellis, Partner
11/8/21
DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90 Laura Snideman
11/22/2021

Exhibit A
8 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
S
cope of work:

E
llis Investigations, L.C. shall conduct confidential personnel investigations.

S
cope of Engagement:

T
he City understands that there are no guarantees as to the outcome of the investigation. As an independent contractor, Special Counsel has the right to determine means, manner and findings related to the investigation. The City agrees to allow Special Counsel full discretion to undertake the investigation and otherwise make findings without influencing or interfering with the outcome. The City understands and acknowledges that Special Counsel will exercise independent judgment to make whatever findings it deems are warranted based on the evidence developed in the investigation, and that this engagement is not dependent on Special Counsel making or failing to make a particular credibility determination, finding of fact or conclusion.

After conducting relevant interviews and reviewing relevant documents and information, Special Counsel will, if requested by the City, prepare a written report summarizing the investigation and findings.

L
egal Services:

I
t is understood that in this engagement, Special Counsel and the City have an attorney-client relationship and that Special Counsel is providing professional legal services based on its professional experience and expertise. Special Counsel has been retained to use its legal skills to assist the City in developing a response to the concerns. Specifically, Special Counsel will use its expertise in employment law to arrive at findings based on its professional evaluation of the evidence. The parties intend that the investigation, including Special Counsel’s communications, work product and final investigation report, will be covered by the attorney-client privilege and attorney work product protections to the extent legally permissible, unless waived by the City.

L
imited Scope Agreement:

T
he scope of this attorney-client representation is limited. Special Counsel will render legal advice to the City on issues limited to the investigation process. Special Counsel will conduct the investigation as an attorney in furtherance of the City seeking legal advice to resolve the underlying issues. The City will seek legal advice, as appropriate, from other counsel regarding what action to take as a result of the investigation. The scope of the investigation does not include rendering any legal conclusions, making recommendations or, in the event of litigation or administrative claim, representation of the City or anyone else involved in the litigation or claim.

S
pecifically, the City expressly agrees that it will look to its regular legal counsel for such services, as well as for advice with respect to issues which may arise relating to the investigation.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit A
9 This includes, without limitation: (1) the admonitions, if any, to be made to employees who are i
nterviewed concerning confidentiality; (2) the consequences of employee failure to cooperate in the investigation; (3) the accessing of electronic and other data; (4) document retention; (5) litigation holds; (6) appropriate interim employment measures pending investigation; (7) compliance with the federal Fair Credit Reporting Act; and (8) compliance with the California Investigative Consumer Reporting Agencies Act. The City agrees it will comply with employer- required notice and consent rules to the extent applicable, including those under Civil Code sections 1786 et seq.

T
he City also agrees it will look to its regular legal counsel for advice with respect to issues of attorney-client privilege, scope of privilege, waiver and work product in connection with Special Counsel’s services.

O
ther Work:

I
f called upon in the future to testify, respond to discovery about the engagement, or defend the confidentiality of the investigation in any proceeding City agrees to pay Firm for work related to such testimony or discovery at then applicable current rates for such work. In the event of a rate increase, Special Counsel will notify the City in writing before any increase becomes effective.

Attorneys’ fees for the investigator’s separate counsel in the event of the need to respond to discovery, prepare for or testify about the investigation.” H
ourly Rates:

LES
LIE ELLIS $435/hour
OTHER ATTORNEY INVESTIGATORS $315-435/hour
LEGAL SUPPORT SPECIALIST $185/hour

COMPENSATION
O
nly those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

T
otal compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Ten Thousand Dollars ($10,000).

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit B
10 BILLING PROTOCOLS/GUIDELINES
T
he City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

T
hese protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation. Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. B

ILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit B
11 II. BI LLING GUIDELINES
a. A
ll tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified.
c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing. f. Only those attorneys approved by the City may bill on the case. g. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
h. No more than two paraprofessionals may bill on a par ticular case without the prior approval of the City.
i. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit B
12 j. W ithin thirty (30) days of the E ffective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
k. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
l. Training time is not billable. Law clerks may be used only with prior approval. m. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
n. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
o. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit B
13 e. C ourt filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges.
h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit C
14 SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of Ellis Investigations, L.C. (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contra ctor understands the meaning of the following terms used in the SCCO:
a. "Dat
a Broker” means either of the following:
i. The
collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The
aggregation of data that was collected for another purpose from that for which it is ultimately used.
b.
“Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Con
tractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Con
tractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By
executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _______ day of _____________, 202__, at ____________________, California.

Printed Name: ___ Title:

Signed: Date:

Business Entity:

Ve
ndor SCCO Compliance Statement (Augt2020)
Leslie D. Ellis Partner 11/8/21
Ellis Investigations Law Corporation
eighth November 1
Sacramento
DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit D
15 City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit D
16 City of Richmond - Insurance Requirements - Type 2:

Professional Services
A
utomobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
R
equired Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A :VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

U
mbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

Exhibit D
17 City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place.

Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable

DocuSign Envelope ID: 44F57BF8-7561-4217-B936-4516C6AD5B90

December 21, 2021

Department

DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Heather McLaughlin, Acting City Attorney
Shannon L. Moore, Senior Assistant City Attorney

Subject:
(This will appear on the agenda)
Legal services agreements in amount of $350,000 per firm FINANCIAL IMPACT: The payment limit for each legal services agreement shall not exceed $350,000 per law firm. These
professional services will be included in various City
department budgets as needed.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City Attorney’s Office is requesting authorization to enter into legal services agreements on an as-needed
basis to provide legal advice regarding municipal law
matters and to represent the City and related entities in litigation in state and federal court, including all appeals.

The City Attorney’s Office conducted a Request for
Qualifications (RFQ) in July 2021, and now seeks
approval to enter into a legal services agreement for an amount not to exceed $350,000 from January 1, 2022
through June 30, 2025, with each of the forty-six qualified attorneys and law firms. The request is not to fund each agreement. The funding source will be budgeted in the
applicable department’s budget.

AGENDA
REPORT

December 21, 2021
RECOMMENDED ACTION:
(This will appear on the agenda)
ADOPT a resolution of the City Council authorizing the
City to enter into legal services agreements with law firms to provide municipal law advice and to represent the City and related entities in litigation on an as-needed basis, for an amount not to exceed $350,000 per firm, for three years, beginning on January 1, 2022 through June 30,
2025, with an option to extend the agreements for two
years – City Attorney’s Office (Heather McLaughlin 620- 6509). This item was continued from the December,
21, 2021 meeting.

DISCUSSION:

The Richmond City Attorney’s Office provides all legal services for the City of Richmond and City boards and commissions. The Richmond City Attorney’s Office and other City departments anticipate needing legal services for both municipal law advice and to represent the City and other related entities in litigation.

In 2018, the City Attorney’s Office solicited a Request for Qualifications (RFQ) for legal services and selected thirty-five (35) law firms to retain as needed. The past practice was for the City to enter into legal services agreements with each firm by matter and, since November of 2020, legal services agreements above $10,000 are now approved by City Council.

On July 19, 2021, the Richmond City Attorney’s Office issued an enhanced RFQ for municipal law legal services that sought more detailed responses from applicants to better inform the selection process. The RFQ sought law firms with experience in the following practice areas:

 Administrative Law
 Affordable Housing
 Banking law
 Bankruptcy
 Code Enforcement, including Public Nuisance Actions and Property/Building/Housing/Fire Code Enforcement
 Conflict Counsel
 Constitutional Law
 Criminal and Civil Subpoenas in state and federal courts including Pitchess motions, traffic enforcement and vehicle tows
 Election Law
 Eminent Domain and Inverse Condemnation

December 21, 2021
 Employment Advice and Litigation – Labor and Employment, Pension and Benefits Programs
 Engineering, Design Professional and Construction Contracting Advice and Litigation
 Environmental Advice and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts
 Finance Services – Bond and Debt Management, Bond Counsel, Bond Disclosure Counsel, Infrastructure Financing
 Gang Injunctions
 General Civil Litigation
 Insurance Coverage Advice and Litigation
 Intellectual Property (Contracts for Purchase of Computerized Systems, Software and Equipment)
 Land Use Advice and Litigation, including California Environmental Quality Act and litigation and wireless communications land use regulatory issues  Municipal Fire Litigation
 Municipal Police Litigation
 Municipal Procurement and Contracting
 Personnel Investigations
 Planning related enforcement/revocation proceedings; Representing/Advising City Staff or Decision‐Makers in Administrative, Planning Commission and City Council Hearings
 Real Property
 Redevelopment Agency Law
 Taxation
 Tort and Personal Injury Defense
 Training (Employment, Brown Act, AB 1234)
 Writs and Appeals

The RFQ also stated that the City Attorney’s Office seeks to retain a diverse group of qualified law firms and attorneys that will provide high-quality legal services and are dedicated to containing legal costs. In addition, the office seeks to build ongoing relationships with firms that share our commitment to quality and to cost containment, as well as to expand and strengthen our relationships with Richmond-based firms, small firms, and firms that are committed to equity and inclusion.

Placement on a list of qualified firms does not guarantee that the firm or attorney will be retained to provide services. Outside legal services will be used on an as-needed, case- by-case, or matter-by-matter basis. Specific assignments may include investigating, advising, negotiating, reviewing and/or drafting documents (transactional and litigation), and representation in court, administrative hearings, and alternative dispute resolution proceedings.

To broaden the pool of qualified candidates, the City Attorney’s Office expanded the outreach of eligible applicants by reaching out to over seventy-six law firms and organizations, including Contra Costa City Attorney’s Bar Association, Charles Houston Bar Association, California Women Lawyers, Filipino Bar Association, Korean American

December 21, 2021
Bar Association, San Francisco La Raza Association, and the South Asian Bar Association.

The City Attorney’s Office received forty-six (46) responses and all responses were reviewed by a panel of attorneys. After a review of responses, the panel recommends forty-six (46) firms for inclusion to the list of outside counsel to be used on an as- needed, case-by-case basis, which are as follows:

 Aaronson, Dickerson, Cohn &
Lanzone
 Aleshire & Wynder, LLP
 Allen Glaessner Hazelwood &
Werth LLP
 Armento and Hynes, LLP
 Atchison, Barisone & Condotti
 Atkinson, Andelson, Loya, Ruud
& Romo
 Bassi Edlin Huie & Blum
 Best Best & Krieger LLP
 Boucher Law
 Burke, Williams & Sorensen, LLP
 Colantuono, Highsmith &
Whatley, PC
 Downey Brand LLP
 Edrington Schirmer & Murphy
LLP
 Ellis Investigations Law
Corporation
 Fox Rothschild LLP
 Goldfarb & Lipman LLP
 Jarvis, Fay & Gibson, LLP
 Jones Mayer
 Kane, Ballmer & Berkman
 Kramer Workplace Investigations
 Kronick Moskovitz Tiedemann &
Girard
 Lafayette & Kumagai LLP
 Law Offices of Bill Ford
 Liebert Cassidy Whitmore
 Maloney Employment Law
 Manning & Kass, Ellrod, Ramirez
& Trester, LLP
 McNamara Law Firm
 Meyers Nave
 Newdorf Legal
 Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.
 Oppenheimer Investigations
Group LLP
 Orbach Huff + Henderson
 Orrick, Herrington & Sutcliffe LLP
 Remy Moose Manley LLP
 Renne Public Law Group
 Richards, Watson & Gershon
 Rimon Law
 Schiff Hardin LLP
 Shartsis Friese LLP
 Shute, Mihaly & Weinberger LLP
 Silver & Wright LLP
 Sloan Sakai Yeung & Wong LLP
 Stradling Yocca Carlson & Rauth,
A Professional Corporation
 Telecom Law Firm PC
 The Sohagi Law Group, Plc
 Van Dermyden Makus Law
Corporation

(insert date of meeting)

The City Attorney’s Office requests authority to enter into legal services agreements with the individual firms for an amount not-to-exceed $350,000, over a three-year period, from January 1, 2022 through June 30, 2025, with an option to extend the agreements for two years. The request is not to fund each agreement. The funding source will be budgeted in the applicable department’s budget.

This action does not terminate the existing legal services agreements that are currently in place on various projects and cases. Those agreements will continue and may be amended to allow work under the agreement to continue. Those agreements will not be terminated unless there is a good reason to terminate the agreement such as the end of the case or matter, or if the work was not meeting the City’s goals.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Request for Qualifications (RFQ)
Attachment 3 – Legal Services Agreement (template)

Reso. No.

RESOLUTION NO. ____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AUTHORIZING THE CITY ATTORNEY’S OFFICE TO ENTER INTO LEGAL SERVICES

AGREEMENTS WITH LAW FIRMS ON AN AS NEEDED BASIS FOR AN AMOUNT NOT TO EXCEED $350,000 PER FIRM, OVER THREE YEARS WITH AN OPTION TO

EXTEND THE AGREEMENTS FOR TWO YEARS WITH FUNDING TO BE

PROVIDED IN DEPARTMENT BUDGETS GOING FORWARD

WHEREAS, the Richmond City Attorney’s Office provides all legal services for the City of Richmond and City boards and commissions; and

WHEREAS, the Richmond City Attorney’s Office and other City departments, including the Community Development Department, City Manager’s Office and Port, anticipate needing legal services for both municipal law advice and to represent the City and other related entities in litigation; and

WHEREAS, the Richmond City Attorney’s Office seeks to hire a diverse group of qualified law firms and attorneys that will provide high-quality legal services and are dedicated to containing legal costs. In addition, the City Attorney’s Office wants to build ongoing relationships with firms that share our commitment to quality and to cost containment, as well as to expand and strengthen our relationships with Richmond-based firms, small firms and firms that are committed to equity and inclusion; and

WHEREAS, selection of outside counsel for all matters -- large and small-- is based on the quality of work, commitment to controlling costs, adherence to budgets and a demonstrated commitment to providing equal employment opportunities, equity and inclusion in its workforce; and
WHEREAS, in 2018, the City Attorney’s Office solicited a Request for Qualifications (RFQ) for legal services and selected thirty-five (35) law firms to be retained on an as needed basis; and

WHEREAS, on July 19, 2021, the Richmond City Attorney’s Office developed a more robust RFQ for municipal law legal services that sought more detailed responses from applicants to better inform the selection process; and

WHEREAS, the City Attorney’s Office also broadened the outreach to eligible law firms by reaching out to more than seventy-six law firms and organizations, including the Contra Costa County City Attorneys Bar Association, Charles Houston Bar Association, California Women Lawyers, Filipino Bar Association, Korean American Bar Association, San Francisco La Raza Association, South Asian Bar Association and West County Bar Association; and

WHEREAS, the City Attorney’s Office received forty-six (46) responses to the RFQ and all responses were reviewed by a panel of attorneys in the City Attorney’s Office; and

WHEREAS, the panel recommends the following forty-six (46) law firms to be used on an as needed, case-by-case basis:

 Aaronson, Dickerson, Cohn & Lanzone
 Aleshire & Wynder, LLP
 Allen Glaessner Hazelwood & Werth
LLP
 Armento and Hynes, LLP
 Atchison, Barisone & Condotti
 Atkinson, Andelson, Loya, Ruud &
Romo
 Bassi Edlin Huie & Blum
 Best Best & Krieger LLP
 Boucher Law
 Burke, Williams & Sorensen, LLP
 Colantuono, Highsmith & Whatley, PC
 Downey Brand LLP
 Edrington Schirmer & Murphy LLP
 Ellis Investigations Law Corporation
 Fox Rothschild LLP
 Goldfarb & Lipman LLP
 Jarvis, Fay & Gibson, LLP
 Jones Mayer
 Kane, Ballmer & Berkman
 Kramer Workplace Investigations
 Kronick Moskovitz Tiedemann &
Girard
 Lafayette & Kumagai LLP
 Law Offices of Bill Ford
 Liebert Cassidy Whitmore
 Maloney Employment Law
 Manning & Kass, Ellrod, Ramirez &
Trester, LLP

Reso. No.

 McNamara Law Firm
 Meyers Nave
 Newdorf Legal
 Ogletree, Deakins, Nash, Smoak &
Stewart, P.C.
 Oppenheimer Investigations Group LLP
 Orbach Huff + Henderson
 Orrick, Herrington & Sutcliffe LLP
 Remy Moose Manley LLP
 Renne Public Law Group
 Richards, Watson & Gershon
 Rimon Law
 Schiff Hardin LLP
 Shartsis Friese LLP
 Shute, Mihaly & Weinberger LLP
 Silver & Wright LLP
 Sloan Sakai Yeung & Wong LLP
 Stradling Yocca Carlson & Rauth, A
Professional Corporation
 Telecom Law Firm PC
 The Sohagi Law Group, Plc
 Van Dermyden Makus Law Corporatio

WHEREAS, the City Attorney’s Office requests authority to enter into legal services agreements with each of the individual firms for an amount not-to-exceed $350,000, over a three-year period, from January 1, 2022 through June 30, 2025 with an option to extend the agreements for two years; and

WHEREAS, this action does not terminate the existing legal services agreements that are currently in place on various projects and cases. Those agreements will continue and may be amended to allow work under the agreement to continue. Those agreements will not be terminated unless there is a good reason to terminate the agreement such as the end of the case or matter or if the work was not meeting the City’s goals; and

WHEREAS, the City Attorney’s Office is not requesting to fund each one of the legal services agreements at this time. The funding source will be budgeted in the applicable department’s budget; and

WHEREAS, the City Attorney’s Office will manage the legal services agreements, and each legal services agreement will be paid out of professional services accounts held by various City departments, including the Risk Management Division, City Attorney’s Office, Port, Richmond Housing Authority, Community Development Department and the City Manager’s Office; and

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby authorizes the City Attorney’s Office to enter into legal services agreements for legal services with the firms mentioned above, for an amount not to exceed $350,000 per firm, over a three and a half year period, from January 1, 2022 through June 30, 2025, with an option to extend the agreements for two additional years.

*********************

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held ______________, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Reso. No.

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on ____, 2021.

Pamela Christian, Clerk of the City of Richmond

1 City of Richmond, California

CITY ATTORNEY’S OFFICE
FY 2021-2024

REQUEST FOR QUALIFICATION (RFQ)

RFQ Issued: Monday, July 19, 2021
Qualifications Due: Friday, August 20, 2021 at 5:00 P.M.

Electronic Proposals: Proposals must be submitted online at: www.ci.richmond.ca.us/cao_rfq Submit Questions to: [email protected]
Pre-Proposal Meeting: Tuesday August 3, 2021, 2:00 P.M. – 3:00 P.M. (Pre-registration preferred)

City of Richmond – City Attorney’s Office – RFQ for Advisory and Litigation Legal Services FY 2021-2024 2 Table of Contents

Introduction ..................................................................................................................................................................................... 3

Scope of Services ........................................................................................................................................................................... 4

Requested Qualifying Information (Firm Data and Information) ................................................................................ 5

Fee Structure ................................................................................................................................................................................... 6

Review of Submission .................................................................................................................................................................. 6

Respondent’s Personnel .............................................................................................................................................................. 6

Statement of Interest and Qualifications .............................................................................................................................. 7

3 Introduction
Richmond City Attorney’s Office provides all legal services for the City of Richmond, Richmond Housing Authority, and all City boards and commissions. The City Attorney requests detailed information regarding the qualifications of attorneys or law firms interested in providing legal services to the City of Richmond to establish a list of qualified attorneys or law firms from which outside counsel may be selected. This list will be valid from fiscal year 2021 to fiscal year 2024.

We are interested in hiring a diverse group of qualified law firms and attorneys that will provide high-quality legal services and are dedicated to containing legal costs. We seek to build ongoing relationships with firms that share our commitment to quality and to cost containment, as well as to expand and strengthen our relationships with Richmond-based firms, small firms and firms that are committed to equity and inclusion.

Selection of outside counsel for all matters -- large and small-- is based on the quality of work, commitment to controlling costs, adherence to budgets and a demonstrated commitment to providing equal employment opportunities, equity and inclusion in its workforce.

All firms that we retain must enter into the Richmond’s Legal Services Agreement, and complete and provide the following schedules and documentation.

1. Complete a Contract Application Form that serves as a checklist.

2. Provide proof of insurance in the form of an Insurance Coverage Verification document (Exhibit G) and/or Certificate of Insurance issued by the firm’s insurance agent, which include the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

3. The City of Richmond requires that contractors doing business with the City obtain and submit the following:

• City of Richmond Business License
• W-9 Form
• Vendor Supplemental Questionnaire Form

4 Scope of Services
Placement on a list of qualified firms does not guarantee that the firm or attorney will be retained to provide services. Outside legal services will be used on an as-needed, case-by-case, or matter-by-matter basis. Specific assignments may include investigating, advising, negotiating, reviewing and/or drafting documents (transactional and litigation), and representation in court, administrative hearings and alternative dispute resolution proceedings involving one or more of the following areas:

 Administrative Law
 Affordable Housing
 Banking law
 Bankruptcy
 Code Enforcement, including Public Nuisance Actions and Property/Building/Housing/Fire Code Enforcement
 Conflict Counsel
 Constitutional Law
 Criminal and Civil Subpoenas in state and federal courts including Pitchess motions, traffic enforcement and vehicle tows
 Election Law
 Eminent Domain and Inverse Condemnation
 Employment Advice and Litigation - Labor and Employment, Pension and Benefits Programs
 Engineering, Design Professional and Construction Contracting Advice and Litigation  Environmental Advice and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts
 Finance Services - Bond and Debt Management, Bond Counsel, Bond Disclosure Counsel, Infrastructure Financing
 Gang Injunctions
 General Civil Litigation
 Insurance Coverage Advice and Litigation
 Intellectual Property (Contracts for Purchase of Computerized Systems, Software and Equipment)
 Land Use Advice and Litigation, including California Environmental Quality Act and litigation and wireless communications land use regulatory issues  Municipal Fire Litigation
 Municipal Police Litigation
 Municipal Procurement and Contracting
 Personnel Investigations
 Planning related enforcement/revocation proceedings; Representing/Advising City Staff or Decision-Makers in Administrative, Planning Commission and City Council Hearings

5  Real Property
 Redevelopment Agency Law
 Taxation
 Tort and Personal Injury Defense
 Training (Employment, Brown Act, AB 1234)
 Writs and Appeals
Requested Qualifying Information (Firm Data and Information) Respondents should provide general background information about the law firm and attorneys, with special focus on the area(s) of activity in which representation is sought, and as to the size and experience of the firm in these specific areas. In addition, the Respondents should include the following information:

1. Brief description of the type of legal services that the firm proposes to perform, including which specified practice areas the firm desires to be considered for in the RFQ process.

2. Number of attorneys in the firm with relevant experience, including any information regarding the diversity of the firm’s attorneys and/or a description of the firm’s demonstrated commitment and efforts to provide equal employment opportunity, including but not limited to efforts to provide equity and inclusion for women, minorities, persons with disabilities, sexual orientation (LGBT), etc.;

3. Name of each attorney along with the number of years of relevant experience in the specified areas of practice, education, and any other relevant information, including whether licensed to practice law in California.

4. For litigation, a description of relevant trial and appellate experience, including number of trials to verdict, particularly those representing public entities, in the various specified practice areas.

5. Location of firm’s physical offices, including whether the firm has an office in Richmond or within Contra Costa County.

6. Names of other government clients for whom each qualified attorney has been retained to provide legal services in the relevant substantive practice area(s) within the last five years, and two to three references per practice area, preferably from public agencies.

7. An agreement to inform the City Attorney in writing of any known potential or actual conflicts of interest and to not engage in litigation on behalf of another client against the City without first obtaining written permission from the City Attorney to do so.

8. Proposed fee structure.

9. A list of any costs and expenses the Respondent proposes to bill in addition to legal fees.

10. Any requested exceptions to the City’s standard Legal Services Agreement.

6 Fee Structure
Respondents should provide the following information:

Hourly rates:

Partner, Of Counsel
Senior Associate
Junior Associate
Paralegal
Other

The hourly rate quoted should include all compensation for services rendered, including all overhead expenses, profits and employee costs, including but not limited to clerical and word processing expenses. Respondents should list all expenses they propose to bill in addition to legal fees and the basis for such expenses. Please note if the fee structure for the firm has periodic increases.

Review of Submission
The City Attorney’s Office will develop a list of firms based upon the responses to this Request for Qualifications. Responses will be evaluated by the City Attorney’s Office. Price will not be the controlling factor in selecting firms for the list, but price will be a factor in assigning work. A firm is not entitled to be placed on the list or entitled to work solely on the basis of submission of a low-price quotation. The City Attorney will evaluate the responses in the areas of Scope of Service, Firm Data and Information, and Fee Structure.

Once the list is established, the City Attorney shall seek approval from the Richmond City Council of approved laws firms.

Execution of a legal services agreement and related documents with the City will not guarantee that any case or matter will be assigned to outside counsel. The decision to retain outside counsel will be that of the City Attorney on a case-by-case or matter-by-matter basis. Contracts will remain in effect for a period of not less than one year from the date of execution thereof unless they are terminated before expiration by providing written notice, or unless they are renewed or extended. Fee structures should take this period into account.

Respondent’s Personnel
The City Attorney intends to reserve the right to designate a specific attorney(s) in a contracting law firm to work on a specific case or matter as lead counsel or as associate lead counsel for the services rendered pursuant to any contract, and further intends to reserve the right to terminate the contract if the lead counsel leaves employment of the firm.

7 Respondents are further advised that all the terms and conditions, including fees and fee structures, forming part of any agreement entered into shall, upon such agreement being executed, become a public record of the City and subject to full disclosure, and each Respondent waives any right to object to any such disclosure.

Statement of Interest and Qualifications

RFQ Issued: Monday, July 19, 2021

Qualifications Due: Friday, August 20, 2021 at 5:00 P.M.

Pre-Proposal Meeting: Tuesday August 3, 2021, 2:00 P.M. – 3:00 P.M. (Pre-registration preferred)

Submit Questions to: [email protected]

Electronic Proposals (ONLY): Proposals must be submitted online at: www.ci.richmond.ca.us/cao_rfq

Contact Information: The following city staff are available to answer questions regarding this RFQ: Patrick Seals, Supervising Office Assistant, and Shannon Moore, Senior Assistant City Attorney, at 510-620-6509 or [email protected]

1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

FIRM NAME

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this DAY day of MONTH, 2021 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and FIRM NAME comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at FIRM ADRESS. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.

2 2. DESCRIPTION OF SERVICES TO BE PROVIDED.

[See “Scope of Work” in Exhibit A] .

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2022, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than

ATTORNEY(S)
. It is agreed by and between the Parties that should it be desirable for any attorney other than ATTORNEY(S) to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.

Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

3 Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.

4 12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

5 B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.

Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Ri chmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the pe rformance of this Agreement, it will be in default of thi s Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, rel ease and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (inc luding, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;

6 C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to Special
Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

7 This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.

8 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

FIRM NAME

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor/ City Manager

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk

Exhibit A

9 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall

City of Richmond Contact Attorney: CoR Attorney

Schedule of Fees & Charges:

Hourly Rates

PARTNER(S) $/hour
ASSOCIATE(S) $/hour
PARALEGAL(S) $/hour

COMPENSATION

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of AMOUNT Thousand Dollars ($00,000) for attorneys’ fees and reimbursements.

Exhibit B

10 BILLING PROTOCOLS/GUIDELINES

The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

Exhibit B

11 II. BILLING GUIDELINES

a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.

Exhibit B

12 j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy.

Exhibit B

13 b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For exampl e, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.

Exhibit C

14 PROJECT PLAN AND BUDGET

Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer); • Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties);
• Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.

Exhibit C

15 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.

Exhibit D

16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete ac cess to the covered party’ s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litiga tion and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands tha t the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an ini tial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary.
3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is res ponsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received.

Exhibit D

17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi -page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an a ssessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

Exhibit E

18 LITIGATION GUIDELINES

The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

Exhibit F

19 SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at _________ , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

Exhibit G
20 City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the fo llowing MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duratio n of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property whi ch may arise from or in connection with the performance of the work h ereunder and the results of that wo rk by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the Ci ty as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services o f CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsem ents, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require addit ional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage sh all be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial Ge neral Liability coverage (ISO Occur rence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001 , Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non -contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission t o Self- Insure, signed by the California Department of Industrial Relations and Self - Insurance. If contractor is a sole proprietor (has no employees) tha n contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61 .

General Liability
(primary and excess
limits combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Exhibit G
21 City of Richmond - Insurance Requirements - Type 2:

Professional Services

Automobile Liability $1,000,000 per occurrence for bodily injury and property da mage.

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destru ction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents an d volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense ex penses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

Exhibit G
22 City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
If any insurance policy is written on a claims -made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at lea st five (5) years after completion of the contract of work. 3) If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective date, th e Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as ins ured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affe cting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the requ ired insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required d uring this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place.

Renewal certificates and updated endor sements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwi se materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary s o that the remaining terms and provisions herein may be consistent with public policy and thus enforceab le

(insert date of meeting)

Department

DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Heather McLaughlin, Acting City Attorney
Shannon L. Moore, Senior Assistant City Attorney
Subject:
(This will appear on the agenda)
Approval of a legal services agreement and amendments
to six existing legal services agreements for municipal law litigation
FINANCIAL IMPACT: The total expenditure for the legal services agreement and six amendments is $760,000. All agreements will be
paid from the Risk Management budget with an account
string of 50182316-400554 and the City will seek
reimbursement from a developer for fees/costs incurred
under the Best, Best & Krieger agreement.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

To ensure the City has appropriate representation in
existing dangerous condition, police/tort defense and
other municipal law litigation against the City in federal and state trial and appellate courts, the City Attorney requests approval of a (1) legal services agreement with Edrington, Schirmer & Murphy LLP in the amount of
$100,000, (2) a first amendment to add $75,000 with
Manning & Kass, Ellrod, Ramirez & Trester, LLP, (3) a
first amendment to add $75,000 with Colantuono
Highsmith & Whatley, P.C., (4) a second amendment to
add $125,000 with Orbach Huff & Henderson LLP, (5) a
second amendment to add $125,000 with McNamara,
Ney, Beatty, Slattery, Borges & Ambacher, LLP, (6)
AGENDA
REPORT

(insert date of meeting)
second amendment to add $50,000 with Best, Best &
Krieger, LLP and (7) a third amendment to add $210,000
with Allen, Glaessner, Hazelwood & Werth, LLP.

RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE a legal services agreement with Edrington,
Schirmer & Murphy LLP in the amount of $100,000, a
first amendment to add $75,000 with Manning & Kass,
Ellrod, Ramirez & Trester, LLP, a first amendment to add $75,000 with Colantuono Highsmith & Whatley, P.C., a
second amendment to add $125,000 with Orbach Huff &
Henderson LLP, a second amendment to add $125,000
with McNamara, Ney, Beatty, Slattery, Borges &
Ambacher, LLP, a second amendment to add $50,000
with Best, Best & Krieger, LLP and a third amendment to add $210,000 with Allen, Glaessner, Hazelwood & Werth,
LLP to represent the City of Richmond in pending
municipal law litigation in state and federal court – City Attorney’s Office (Heather McLaughlin 510-620-6509).

This item was continued from the December 21, 2021,
meeting.

DISCUSSION:

To ensure the City has appropriate representation in existing dangerous condition, police/tort defense and other municipal law litigation against the City in federal and state trial and appellate courts, the City Attorney requests approval of a (1) legal services agreement with Edrington, Schirmer & Murphy LLP in the amount of $100,000, (2) a first amendment to add $75,000 with Manning & Kass, Ellrod, Ramirez & Trester, LLP, (3) a first amendment to add $75,000 with Colantuono Highsmith & Whatley, P.C., (4) a second amendment to add $125,000 with Orbach Huff & Henderson LLP, (5) a second amendment to add $125,000 with McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP, (6) second amendment to add $50,000 with Best, Best & Krieger, LLP and (7) a third amendment to add $210,000 with Allen, Glaessner, Hazelwood & Werth, LLP.

All law firms listed above are on the City Attorney’s Office’s approved RFQ 2018 list. In addition, these firms have the experience and expertise necessary to represent the City of Richmond in pending dangerous condition, police/tort defense and other municipal law litigation in federal and state trial and appellate courts. This request is made to

(insert date of meeting)
ensure the City continues to have legal counsel to defend the City and Richmond Housing Authority in ongoing litigation.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement with Edrington, Schirmer & Murphy LLP in an amount
of $100,000.

Attachment 2 – First Amendment to Legal Services Agreement with Manning & Kass, Ellrod,
Ramirez & Trester adding an additional amount of $75,000.

Attachment 3 – First Amendment to Legal Services Agreement with Colantuono Highsmith &
Whatley, P.C., adding an additional amount of $75,000.

Attachment 4 – Second Amendment to Legal Services Agreement with Orbach Huff & Henderson LLP, adding an additional amount of $ $125,000.

Attachment 5 – Second Amendment to Legal Services Agreement with McNamara, Ney, Beatty,
Slattery, Borges & Ambacher, LLP, adding an additional amount of $ $125,000.

Attachment 6 – Second Amendment to Legal Services Agreement with Best Best & Krieger
adding an additional $50,000.

Attachment 7 – Third Amendment to Legal Services Agreement with Allen Glaessner Hazelwood & Werth, LLP adding an additional amount of $210,000.

1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

EDRINGTON, SCHIRMER & MURPHY, LLP

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 21st day of DECEMBER, 2021 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and EDRINGTON, SCHIRMER & MURPHY, LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 2300 CONTRA COSTA BOULEVARD, SUITE 450, PLEASANT HILL, CA 94523-3936. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from

2 time to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

[See “Scope of Work” in Exhibit A] .

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2023, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than KEITH R. SCHIRMER, TIMOTHY P. MURPHY, JAMES M. MARZAN, CODY L. SAAL, JAMES H. LY, MEGAN M. SYMONDS, AND JORDAN C. MEYER. It is agreed by and between the Parties that should it be desirable for any attorney other than KEITH R. SCHIRMER, TIMOTHY P. MURPHY, JAMES M. MARZAN, CODY L. SAAL, JAMES H. LY, MEGAN M. SYMONDS, AND JORDAN C. MEYER to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.

3 Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected]
.

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating

4 to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.

12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the

5 City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.

Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Ri chmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of thi s Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the m aximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (inc luding, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort

6 or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

7 22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.

8 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

EDRINGTON, SCHIRMER & MURPHY,
LLP

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk

Exhibit A

9 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall represent the City and the Richmond Housing Authority in municipal law litigation matter(s) and appeal(s) at the direction of the City Attorney.

City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

KEITH R. SCHIRMER $225/hour
TIMOTHY P. MURPHY $225/hour
JAMES M. MARZAN $225/hour
CODY L. SAAL $210/hour
JAMES H. LY $210/hour
MEGAN M. SYMONDS $210/hour
JORDAN C. MEYER $210/hour

COMPENSATION

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred Thousand Dollars ($100,000) for attorneys’ fees and reimbursements.

Exhibit B

10 BILLING PROTOCOLS/GUIDELINES

The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

Exhibit B

11 II. BILLING GUIDELINES

a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.

Exhibit B

12 j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy.

Exhibit B

13 b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For exam ple, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. Page 328 of 648 Exhibit C

14 PROJECT PLAN AND BUDGET

Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer); • Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties);
• Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.

Exhibit C

15 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.

Exhibit D

16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered part y’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted th e following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands t hat the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an earl y, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liabi lity; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigat ion costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary.
3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is res ponsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received.

Exhibit D

17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi -page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuri es sustained and/or claims, (4) an a ssessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the cas e. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cas es. Past experience has shown that d efense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

Exhibit E

18 LITIGATION GUIDELINES

The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

Exhibit F

19 SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at _________ , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

Exhibit G
20 City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries t o persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the Ci ty as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONT RACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a w aiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or re quire additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shal l not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and comple ted operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of P ermission to Self- Insure, signed by the California Department of Industrial Relations and Self - Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61 .

General Liability
(primary and excess
limits combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a gene ral aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Exhibit G
21 City of Richmond - Insurance Requirements - Type 2:

Professional Services

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage .

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for al l liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damag e or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall redu ce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guara ntee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense ex penses.

Contractor is responsible for satisfaction of the deductible and/or self -insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

Exhibit G
22 City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
If any insurance policy is written on a claims -made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non -renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certif icates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements sta ted herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the r ight to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at an y time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager . However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the requ ired insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond t he expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certific ates and endorsements indicating that the required coverage, terms and conditions are still in place.

Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thu s enforceable

First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

MANNING & KASS, ELLROD, RAMIREZ & TRESTER, LLP

This First Amendment to the A greement for L egal Services between the City of Richmond (“City”) and MANNING & KASS, ELLROD, R AMIREZ & TRESTER, LLP (“Special Counsel ”) (the " First Amendment") is enter ed into as of D ECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on May 5, 2020 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with pending and future police tort litigation and other matters as assigned by the City Attorney for a to tal contract amount of F orty Fi ve Thousand Dollars ($45,000) and expiration term date of June 30, 2022; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to inc rease the compensation limit by Seventy Five Thousand Dollars ($75,000) and to narrow the scope of services to only include pending tort litigation; and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the recital s hereof, and ot her mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment
. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

First Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.

CITY OF RICHMOND MANNING & KASS

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent and defend the City of Richmond in pending tort litigation.

(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S) $225/hour
ASSOCIATE(S) $200/hour
PARALEGAL(S) $135/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred Twenty Thousand Dollars ($ 120,000) for attorneys’ fees and reimbursements.

First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND
COLANTUONO HIGHSMITH & WHATLEY, P.C.

This First Amendment to the A greement for L egal Services between the City of Richmond (“City”) and COLANTUONO HIGHSMITH & WHATLEY, P.C . (“Special Counsel”) (the "First Amendment") is enter ed into as of D ECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on September 1, 2020 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with existing and future municipal law matters for a total contract amount of Three Hundred Twenty Five Thousand Dollars ($325,000) and expiration term date of June 30, 2022; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to inc rease the compensation limit by Seventy Five Thousand Dollars ($75,000) and to narrow the scope of services to only include existing municipal law matters; and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the recitals hereof , and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment
. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

First Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City a nd Special Counsel have caused this First Amendment to be effective as of the last date written below.

CITY OF RICHMOND COLANTUONO H IGHSMITH &
WHATLEY, P.C.

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent and defend the City of Richmond in existing municipal law matters.

City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney James Atencio, Sr. Assistant City Attorney

Schedule of Fees & Charges
:

Hourly Rates

HOLLY WHATLEY $375/HOUR
MICHAEL COLANTUONO $375/HOUR
JON DI CRISTINA $355/HOUR
MATT SLENZ $320/HOUR
NIKHIL DAHMLE $320/HOUR
ALEKS GIRAGOSIAN $285/HOUR
CONOR HARKINS $230/HOUR
EVELYN SCOTT (PARALEGAL) $170/HOUR

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Four Hundred Thousand Dollars ($400,000) for attorneys’ fees and reimbursements.

Second Amendment to Agreement for Legal Services A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ORBACH HUFF & HENDERSON LLP

This Second Amendment to the A greement for L egal Services between the City of Richmond (“City”) and ORBACH HUFF & HENDERSON LLP (“Special Counsel”) (the "Second Amendment") is entered into as of DECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on September 1, 2020 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City i n connection with pending and future police tor t litigation for a to tal contract amount of One Hundred Thousand Dollars ( $100,000) and expiration term date of June 30, 2022; and

WHEREAS, on November 9, 2021, the City and Special Counsel entered into a First Amendment to the Original Agreement that increased the compensation limit by One Hundred Twenty Thousand Dollars ($120,000); and

WHEREAS, the City now desires for Special Co unsel to continue its representation of the City and to inc rease the compensation limit by One Hundred Twenty Five Thousand Dollars ($125,000) and to narrow the scope of services to only include pending police tort litigation; and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second Amendment.

NOW, THEREFORE, in consideration of the recitals hereof , and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment
. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

Second Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF , the City a nd Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND ORBACH HUFF & HENDERSON
LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Second Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent and defend the City of Richmond in pending police tort litigation.

(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S) $295/hour
ASSOCIATE(S) $255/hour
PARALEGAL(S) $135/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total com pensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Three Hundred Forty Five Thousand Dollar s ($345,000) for attorneys’ fe es and reimbursements.

Second Amendment to Agreement for Legal Services A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER, LLP

This Second Amendment to the A greement for L egal Services between the City of Richmond (“City ”) and MCNAMARA, NEY , BEATTY, SLATTERY, BORGES & AMBACHER, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of DECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on June 30, 2020 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with pending and future police tort litigation for a total contract amount of One Hundred Fifty Thousand Dollars ($150,000) and expiration term date of June 30, 2022; and

WHEREAS, on November 20, 2021, the City and Special Counsel entered into a First Amendment to the Original Agreement that increased the compensation limit by One Hundred Forty Five Thousand Dollars ($145,000); and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to inc rease the compensation limit by One Hundred Twenty Five Thousand Dollars ($125,000) and to narrow the scope of services to only include pending police tort litigation; and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second Amendment.

NOW, THEREFORE, in consideration of the recitals hereof , and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

Second Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF , the City a nd Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND MCNAMARA LAW

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Second Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent and defend the City of Richmond in pending police tort litigation.

(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S) $230/hour
ASSOCIATE(S) $200/hour
PARALEGAL(S) $95/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Four Hundred Twenty Thousand Dollars ($420,000) for attorneys’ fees and reimbursements.

Second Amendment to Agreement for Legal Services A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BEST, BEST & KRIEGER, LLP

This Second Amendment to the A greement for L egal Services between the City of Richmond (“City ”) and BEST, BEST & KRIEGER, LLP (“Special Counse l”) (the "Second Amendment") is enter ed into as of D ECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on January 20, 2021 the City and Special Counsel entered into that certain Legal S ervices Agreement (“Original Agreement”) for representation of the City in connection with municipal law litigation matter(s) and appeal(s) at the direction of the City Attorney for a to tal contract amount of Eight Thousand Two Hundred Sixty- Four Thousand Dollars ($8,264) and expiration term date of June 30, 2021; and

WHEREAS, on March 2, 2021, the City and Special Counsel entered into a First Amendment to the Original Agreement that increased the compensation limit by One Hundred Sixteen Thousand Seven Hundred Thirty- Six Dollars ($116,736.00) and extended the expiration term to June 30, 2022; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to increase the compensation limit by Fifty Thousand Dollars ($50,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second Amendment.

NOW, THEREFORE, in consideration of the recitals hereof , and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

Second Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF , the City a nd Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND BEST, BEST & KRIEGER, LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Second Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall handle municipal law litigation matter(s) and appeal(s) at the direction of the City Attorney.

(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S)/OF COUNSEL $385/hour
ASSOCIATE(S) $315/hour
PARALEGAL(S) $180/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred Twenty-Five Thousand Dollar s ($175,000) for attorneys’ fe es and reimbursements.

Third Amendment to Agreement for Legal Services A-1

THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

This Third Amendment to the A greement for Legal Services between the City of Richmond (“City”) and ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP (“Special Counsel ”) (the " Third Amendment") is enter ed into as of D ECEMBER 21, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on September 1, 2020 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with pending and future dangerous c ondition of public property and personal injury litigation for a to tal contract amount of One Hundred Thousand Dollars ($100,000) and expiration term date of June 30, 2022; and

WHEREAS, on March 2, 2021, the City and Special Counsel entered into a First Amendment to the Original Agreement that increased the compensation limit by Two Hundred Thousand Dollars ($200,000); and

WHEREAS, on November 16, 2021, the City and Special Counsel entered into a Second Amendment to the Original Agreement that increased the compensation limit by Two Hundred Thousand Dollars ($200,000); and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to inc rease the compensation limit by Two Hundre d Ten Thousand Dollars ($ 210,000) and to narrow the scope of services to only include pending dangerous condition of public property, personal injury litigation; and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Third Amendment.

NOW, THEREFORE, in consideration of the recitals hereof , and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment
. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Third Amendment.

2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect.

Third Amendment to Agreement for Legal Services A-2

3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

[Signatures on following page]

Third Amendment to Agreement for Legal Services A-3
IN WITNESS WHEREOF, the City and Special Counsel have caused this Third Amendment to be effective as of the last date written below.

CITY OF RICHMOND ALLEN, GLAESSNER, HAZELWOOD &

WERTH, LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Third Amendment to Agreement for Legal Services A-4
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent and defend the City of Richmond in pending dangerous condition of public property, personal injury litigation.

(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S) $255/hour
ASSOCIATE(S) $225/hour
PARALEGAL(S) $115/hour

Compensation
:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Seven Hundred Ten Thousand Dollars ($710,000) for attorneys’ fees and reimbursements.

(insert date of meeting)

City Attorney's Office

DATE: January 11, 2022
TO: Mayor Butt and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Joe Leach, P.E. Public Works Director
Subject:
(This will appear on the agenda)
Amendment to legal services contract with Downey Brand
law firm
FINANCIAL IMPACT: This item is included in the Wastewater Fiscal Year 2020- 2021 budget as a separate line item (40322631-400534)
and will be paid from the Enterprise Fund.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The proposed contract amendment No.1 will allow the
City to use Downey Brand law firm to represent them
during discussions and for reviewing legal documents
regarding the Baykeeper Settlement Agreement.

RECOMMENDED ACTION:
(This will appear on the agenda)
APPROVE contract amendment no. 1 with Downey
Brand law firm in the amount of $255,000, for an
additional two (2) years, ending December 31, 2024, for the legal review of the requirements as predetermined in the existing Baykeeper Settlement Agreement and to
represent the City in any future settlement agreement
discussions. The total contact will not exceed $510,000 without prior council approval - Public Works (Joe Leach AGENDA
REPORT

(insert date of meeting)
620-5478). This item was continued from the
December 21, 2021, meeting.

DISCUSSION:

In 2006, the City of Richmond, Veolia Water, West County Agency, and West County Wastewater District settled an environmental lawsuit brought forth by Lawyers for Clean Water (AKA: Baykeeper). In that settlement agreement, there were certain requirements that each agency must fulfill with specific deadlines to complete them.

Due to Richmond’s inability to comply with the terms of the 2006 Settlement Agreement, Baykeeper negotiated another Settlement Agreement in 2018 (Attachment 3). This agreement extends until 2028.

The City retained the legal services of Downey Brand to assist with negotiating the terms of both the 2006 and 2018 Settlement Agreements with Baykeeper. As a result, Downey Brand has the knowledge and background represent the City during various discussions with Baykeeper and to provide legal review of any documents prior to submittal as required in the current Settlement Agreement.

Therefore, staff is requesting City Council to approve this contract amendment with Downey Brand.

DOCUMENTS ATTACHED:

Attachment 1 – Downey Brand Contract Amendment
Attachment 2 – Downey Brand Original Contract
Attachment 3 – 2018 Baykeeper Settlement Agreement

First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

DOWNEY BRAND, LLP

This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and DOWNEY BRAND, LLP (“Special Counsel ”) (the " First Amendment") is entered into as of DECEMBER 7, 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, on July 1, 2019 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities, in connection with matters pertaining to the compliance by the City of Richmond with the settlement agreement reached in the case of SF Baykeeper, et al v. City of Richmond (Case No. C05-03829 MMC in the United States District Court – Northern District of CA) for a total contract amount of Two Hundred Fifty Five Dollars ($255,000) and expiration term date of December 31, 2021; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to extend the term expiration to December 31, 2024, and to increase the compensation limit by Two Hundred Fifty Five Thousand Dollars ($255,000); and

WHEREAS, the City and Special Counsel desire to amend the O riginal Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment Provision 1. Section 3 of the Agreement, Term of the Agreement, is hereby deleted in its entirety and replaced with the following:

“The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on DECEMBER 31, 2024, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.”

Amendment Provision 2. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Second Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

First Amendment to Agreement for Legal Services A-2

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.

CITY OF RICHMOND DOWNEY BRAND, LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall advise and represent the City of Richmond, and its officers, agents, and employees on matters pertaining to the compliance by the City of Richmond with the settlement agreements reached in the case of SF Baykeeper, et al., v. City of Richm ond, (Case No. C05-03829 MMC in the United States District Court – Northern District of CA).

(City’s Contact Attorney: Stephanie Vollmer, Deputy City Attorney)

Schedule of Fees & Charges:

Law Firm anticipates that the primary attorney working on this ma tter will be Nicole Granquist. The billing rate for Nicole Granquist shall be $380 per hour.

Law Firm also anticipates that it may need to assign other attorneys to work on this matter. City of Richmond agrees that Law Firm may allocate work among attorne ys and other employees Law Firm Deems appropriate, based on their experience and availability. The hourly rates of other attorneys that may be assigned to this matter as follows:

Hourly Rates

NICOLE E. GRANQUIST $415/hour
MELISSA THORME $415/hour
ASSOCIATES $250- $350/hour

Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Five Hundred Ten Thousand Dollar ($ 510,000) for attorneys’ fees and reimbursements.

Contract No. 4859
Vendor No. 6058

Stipulated Request for Entry of Settlement 1 Case No. 3:05-cv-03829-MMC 1 2
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Daniel Cooper (Bar No. 153576)
LAWYERS FOR CLEAN WATER, INC.
1004 O’Reilly Avenue
San Francisco, California 94129
Telephone: (415) 440-6520
Facsimile: (415) 440-4155
Email: [email protected]

Attorneys for Plaintiffs
SAN FRANCISCO BAYKEEPER and

WEST COUNTY TOXICS COALITION

Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)

SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: (510) 735-9700
Facsimile: (510) 735-9160
Email: [email protected]
Email: [email protected]

Attorneys for Plaintiff

SAN FRANCISCO BAYKEEPER

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO BAYKEEPER, a non-profit
corporation, and WEST COUNTY TOXICS
COALITION, a non-profit organization,

Plaintiffs,

v.

CITY OF RICHMOND, a municipal corporation,

Defendant.

Civil Case No.: 3:05-cv-03829-MMC

PLAINTIFFS AND DEFENDANT CITY
OF RICHMOND’S STIPULATED
REQUEST FOR ENTRY OF 2018

SETTLEMENT AGREEMENT,
TERMINATION OF 2006

SETTLEMENT AGREEMENT, AND
TO VACATE HEARING; [PROPOSED]
ORDER

The Honorable Maxine M. Chesney

Order
;
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 1 of 126

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WHEREAS, on October 19, 2006, Plaintiffs San Francisco Baykeeper (“Baykeeper”) and West County Toxics Coalition (collectively, “Plaintiffs”) and Defendant City of Richmond (“Richmond”) (collectively, “Parties”) settled Plaintiffs’ 2005 Clean Water Act citizen suit via settlement agreement (Docket Nos. 29; 32-1 (the “2006 Settlement Agreement”)), and the Court retained jurisdiction over specified claims for the sole purpose of resolving any dispute between the Parties in relation to the enforcement of the terms of the 2006 Settlement Agreement. (Docket Nos. 32; 43.); WHEREAS, on October 16, 2017, Plaintiffs filed a Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”) alleging violation of the terms of the 2006 Settlement Agreement. (Docket No. 38.). On October 27, 2017, upon request of the Parties, this Court continued the briefing and hearing on Plaintiffs’ Motion to allow the Parties to hold a settlement conference. (Docket No. 43.); WHEREAS, the Parties previously stipulated, and this Court previously ordered, that the original Termination Date of the 2006 Settlement Agreement should be extended as to Richmond, and the current expiration date of the Parties’ 2006 Settlement Agreement is June 9, 2018. (Docket Nos. 34, 35, 40, 43.);
WHEREAS, Paragraph 10 of the 2006 Settlement Agreement specifies that the agreement shall terminate within the applicable time period “so long as all payments, fees, and costs due under or pursuant to th[e] [2006] Settlement Agreement, including, but not limited to, provisions governing Supplemental Environmental Projects, Attorney’s Fees and Costs, and Dispute Resolution, have been paid in full.” (Docket No. 32-1 at ¶10.);
WHEREAS, based upon stipulation of the Parties as a result of settlement discussions, (Docket No. 50), on March 13, 2018, this Court ordered that a Notice of Settlement be filed no later than March 30, 2018, that the briefing schedule and hearing on Plaintiffs’ Motion be held off-calendar while the Parties finalize settlement documents, and that on or before May 29, 2018, after the close of the 45-day settlement review period set forth in 40 C.F.R. §135.5 with the United States Environmental Protection Agency (“EPA”) and the United States Department of Justice (“DOJ”) without objection, the Parties shall file their settlement-related documents, or alternatively, provide this Court with a status update with respect to this Court’s October 27, 2017 Order to set a hearing and briefing schedule (Docket No. 43) on Plaintiffs’ Motion. (Docket No. 52.);
;
Order
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 2 of 126

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WHEREAS, on March 30, 2018, the Parties filed a Notice of Settlement, notifying the Court that the Parties had reached a full settlement to resolve all outstanding issues in this action (“2018 Settlement Agreement” attached as Exhibit A to the [Proposed] Order filed concurrently herewith), and Plaintiffs served copies of the 2018 Settlement Agreement via U.S. Mail to DOJ and EPA for a mandatory 45-day review period under 33 U.S.C. § 1365(c)(3) and 40 C.F.R. § 135.5. (Docket No. 53.); WHEREAS, on May 21, 2018, DOJ notified the Court and the Parties that it does not object to the entry of the 2018 Settlement Agreement. (Docket. No. 54.); WHEREAS, the Parties now agree: (1) to terminate the 2006 Settlement Agreement (Docket Nos. 29; 32-1) concurrently with this Court’s approval and entry of the Order retaining jurisdiction to enforce compliance by the Parties with the terms of the 2018 Settlement Agreement, as that may occur before the 2006 Settlement Agreement’s current expiration date of June 9, 2018 (Docket Nos. 34, 35, 40, 43); and (2) that all terms and conditions for termination of the 2006 Settlement Agreement, including those conditions specified in Paragraph 10 of the 2006 Settlement Agreement, have been paid and satisfied in full;
WHEREFORE, the Parties also hereby provide this Court with their settlement-related documents (the 2018 Settlement Agreement, as noted above) as required by this Court’s March 13, 2018 Order (Docket No. 52);
WHEREFORE, the Parties hereby stipulate and request that the Court: (1) approve and enter the [Proposed] Order of the Court retaining jurisdiction over the Parties for the sole purpose of enforcing compliance by the Parties with the terms of the 2018 Settlement Agreement until the 2018 Settlement Agreement terminates; (2) terminate the 2006 Settlement Agreement (Docket Nos. 29 and 32-1) in its entirety upon this Court’s approval and entry of the [Proposed] Order; and (3) dismiss Plaintiffs’ Motion with prejudice and vacate the associated hearing and briefing schedule (Docket Nos. 38 and 43); and WHEREFORE, the Parties hereby stipulate and request the Court to approve and enter the [Proposed] Order attached hereto.
///
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///
;
Order
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 3 of 126

Stipulated Request for Entry of Settlement 4 Case No. 3:05-cv-03829-MMC 1 2
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Respectfully Submitted,
Dated: May 24, 2018

By: /s/ Nicole C. Sasaki
Nicole C. Sasaki
Attorney for Plaintiff

SAN FRANCISCO BAYKEEPER

Dated: May 24, 2018

By: /s/ Daniel Cooper
Daniel Cooper
Attorney for Plaintiffs
SAN FRANCISCO BAYKEEPER and

WEST COUNTY TOXICS COALITION

Dated: May 24, 2018

DOWNEY BRAND LLP

By: / s/ Nicole E. Granquist (auth. to e-sign 05/24/18) Nicole Granquist
Attorney for Defendant

CITY OF RICHMOND

Order
;
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 4 of 126

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[PROPOSED] ORDER
IT IS HEREBY ORDERED that the Court shall retain jurisdiction over the Parties for the sole purpose of enforcing compliance by the Plaintiffs and Defendant with the terms of the 2018 Settlement Agreement, attached hereto as Exhibit A, until the 2018 Settlement Agreement terminates.

IT IS FURTHER ORDERED that the Parties’ 2006 Settlement Agreement (Docket Nos. 29 and 32-1) is terminated.

IT IS FURTHER ORDERED that Plaintiffs’ Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”) (Docket No. 38) is dismissed with prejudice, and the associated hearing and briefing schedule on Plaintiffs’ Motion is vacated (Docket No. 43).

IT IS SO ORDERED.

Dated: _________________, 2018
The Honorable Maxine M. Chesney
United States Senior District Court Judge
June 4
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District Court J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ud ;
Order
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 5 of 126

Exhibit A
Case 3:05-cv-03829-MMC Document 57 Filed 06/04/18 Page 6 of 126

Settlement Agreement 1 Case No. 3:05-cv-03829 MMC
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25 26
27 28

Daniel Cooper (Bar No. 153576)
LAWYERS FOR CLEAN WATER, INC.
1004 O’Reilly Avenue
San Francisco, California 94129
Telephone: (415) 440-6520
Facsimile: (415) 440-4155
Email: [email protected]
Attorneys for Plaintiffs
SAN FRANCISCO BAYKEEPER and

WEST COUNTY TOXICS COALITION
Erica A. Maharg (Bar No. 279396)
Nicole C. Sasaki (Bar No. 298736)

SAN FRANCISCO BAYKEEPER
1736 Franklin Street, Suite 800
Oakland, California 94612
Telephone: (510) 735-9700
Facsimile: (510) 735-9160
Email: [email protected]
Email: [email protected]
Attorneys for Plaintiff

SAN FRANCISCO BAYKEEPER
Additional Counsel on Following Page

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO BAYKEEPER, a non-profit
corporation, and WEST COUNTY TOXICS
COALITION, a non-profit organization,

Plaintiffs,

v.

CITY OF RICHMOND, a municipal corporation,

Defendant.

Civil Case No. 3:05-cv-03829 MMC

SETTLEMENT AGREEMENT

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DOWNEY BRAND LLP
NICOLE E. GRANQUIST (Bar No. 199017)
PATRICK F. VEASY (Bar No. 301456)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: 916.444.1000
Facsimile: 916.444.2100
[email protected]
[email protected]
Attorneys for Defendant

CITY OF RICHMOND

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2018 SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter, “2018 Settlement Agreement”) entered into by Plaintiffs San Francisco Baykeeper and West County Toxics Coalition (“Plaintiffs”) and Defendant City of Richmond (“Richmond”) (collectively, the “Parties”), supersedes and replaces all prior settlement agreements or amendments to settlement agreements in this action. The 2018 Settlement Agreement is entered into by the Parties with respect to the following facts, objectives, and commitments:

WHEREAS , Plaintiffs are non-profit corporations dedicated to, among other things, the protection and enhancement of the water quality of the San Francisco Bay-Delta Estuary and to protect the communities of West Contra Costa County against toxic threats in the area; WHEREAS , Richmond owns a publicly-owned treatment works, which includes a treatment works and sanitary sewer collection system that collects, treats, and discharges wastewater generated by residential, commercial, and industrial sources, pursuant to California Regional Water Quality Control Board, San Francisco Bay Region, (“Regional Board”) Order No. R2-2013-0016, National Pollutant Discharge Elimination System (“NPDES”) Permit No. CA0038539 (the “2013 Joint Permit”).

WHEREAS , on October 17, 2006, the Parties entered into a settlement agreement to informally resolve specified claims in Baykeeper and West County Toxics Coalition v. City of Richmond, West County Wastewater District, Veolia North America Operating Services, and West County Agency , United States District Court for the Northern District of California, Civil Case No. 05- 03829 MMC (hereinafter, the “2006 Settlement Agreement”); WHEREAS , on October 16, 2017, Plaintiffs filed with the Court a Motion for an Order Finding Richmond in Civil Contempt of Court (“Motion”), alleging violations of the 2006 Settlement Agreement;
NOW, THEREFORE , in, consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, Plaintiffs and Richmond hereby agree as follows:

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I. GENERAL OBJECTIVES

1. ! The objectives of this 2018 Settlement Agreement are:
a. ! To ensure that Richmond continues to improve efforts to comply with the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq . (“Clean Water Act” or “CWA”); b. ! To ensure that Richmond continues to use, implement, and improve ways, means, and methods to prevent or reduce sanitary sewer overflows (“SSOs”); and c. ! To further the goals and objectives of the CWA.

II. ! DEFINITIONS

2. ! Unless otherwise expressly defined herein, terms used in this 2018 Settlement Agreement, which are defined in the CWA or in regulations or rules promulgated under the CWA, have the meaning assigned to them in the applicable statutes, regulations, or rules. Whenever terms listed below are used in this 2018 Settlement Agreement, the following definitions apply:
a. ! “FOG” means fats, oil, and grease.
b. ! “2018 Settlement Agreement” means this Settlement Agreement and any attachments or documents incorporated by reference into this 2018 Settlement Agreement. c. ! “Collection System” means the sewer pipes and lines, manholes or maintenance holes, pump stations, and all appurtenances thereto under ownership of Richmond Municipal Sewer District No. 1 that are used to convey wastewater generated by residential, commercial, and industrial sources to the Richmond Wastewater Treatment Plant. Richmond’s Collection System is currently operated and maintained under contract by Veolia Water West Operating Services (“Veolia”). d. ! “Sewer line segment” means any section of publicly owned sewer line or pipe located between: (1) two manholes/maintenance holes; (2) a pump station and a manhole/maintenance hole; (3) a pump station or a manhole/maintenance hole and a headworks structure; or (4) a sewer line or pipe otherwise identifiable as a discrete section.
e. ! “Day” means a calendar day. In computing any period of time under this 2018 Settlement Agreement, where the last day of such period is a Saturday, Sunday, or Federal or State Holiday, the period runs until the close of business on the next day that is not a Saturday, Sunday, or Federal or State Holiday.

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f. ! “Design Storm” means the 10-year, 24-hour storm event occurring across the entire area served by Richmond’s collection system with wet antecedent soil conditions. g. ! “Sanitary Sewer Overflows,” “overflow,” or “SSO” has the same meaning as that term is defined in Section A.1. of the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, State Water Resources Control Board Order No. 2006-0003 (hereinafter the “SSO General WDR”), or any amendment thereto, and which currently means: “any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include (i) overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.” For purposes of this definition, the term “waters of the United States” has the meaning as set forth in 40 C.F.R. section 122.2.
h. ! “2013 Joint Permit” means NPDES Permit No. CA0038539, Order No. R2-2013-0016, as presently constituted and/or as subsequently revised or renewed. i. ! “Inflow” means wastewater or water that may enter a collection system through unpermitted connections, drains, or manholes.
j. ! “Infiltration” means groundwater, rainwater, or other surface water that may enter a collection system through its pipes, joints, or cracks. k. ! “System Evaluation and Capacity Assurance Plan” or “SECAP” means one or more documents or databases containing the information required by Section VIII of this 2018 Settlement Agreement.

III. ! JURISDICTION AND VENUE

3. ! This Court has jurisdiction over the subject matter of the claims asserted by Plaintiffs pursuant to CWA section 505(a), 33 U.S.C. § 1365(a), and 28 U.S.C. §§ 1331, 1355, and 1367. Venue is proper in this judicial district pursuant to CWA sections 309(b), 505(c), 33 U.S.C. §§ 1319(b), 1365(c), and 28 U.S.C. §§ 1391(b) and (c). The Parties waive all objections that they may have to the Court’s jurisdiction to enter and enforce this 2018 Settlement Agreement.

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