Agenda — Richmond City Council, November 19, 2024 (part 1 of 7)

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, November 19, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
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In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

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https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate. 2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31 The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials 3 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
• Claimant: Judy Barron
• Claimant: Eric Mendoza Govan
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Agress v. City of Richmond
• City of Richmond v. Riggers Loft Wine Company
C.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Clerk
• Title: City Attorney
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and
Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
5 C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Nevin Plaza II
Agency Negotiators: Nannette Beacham and Gabino Arredondo Negotiating Parties: EAH Housing
Under Negotiations: Price and Terms of Payment
•
Property: 222 Marina Way (Nystrom Village)
Agency Negotiators: Nannette Beacham, Gabino Arredondo, Susan Bloch
Negotiating Parties: Eden Housing, Inc. & Community Housing Development Corporation; Gorman & Company & Novin
Development; National Community Renaissance
Under negotiation: Price and terms of payment
•
C.6 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6) Title: Confidential Investigative and Appeals Officer
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
N.1 City Attorney's Office
N.1.a Legal Services Agreement with Lagasse Branch Bell + Kinkead LLC 16 APPROVE a legal services agreement with Lagasse Branch Bell + Kinkead LLC for a term of December 1, 2024, through November 30, 2027, for a total amount not to exceed $225,000, to conduct confidential personnel investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6803).

N.1.b Legal Services Agreement with McFadden Investigations Law Corporation
37 APPROVE a legal services agreement with McFadden Investigations Law Corporation for a term of November 19, 2024, through September 30, 2027, for a total amount not to exceed $150,000 to perform confidential personnel investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6803).
7 N.1.c Adopt ordinance containing procedures for issuing notice and receiving public comment for water, sewer, and related assessments under Proposition 218.
60 INTRODUCE an ordinance (first reading) adding Section 13.08.090 to the Richmond Municipal Code to establish clear procedures for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments and for the exhaustion of administrative remedies of such assessments under Proposition 218 – City Attorney’s Office (Christopher Dykzeul/Dave Aleshire 510-620- 6509).

N.2 City Clerk's Office
N.2.a City Council Meeting Minutes 67
APPROVE the minutes of the October 15 and October 22, 2024, regular meetings - City Clerk's Office (Pamela Christian 510-620- 6513).

N.2.b Cancellation of the December 24, 2024, City Council Meeting and Announce the Council Holiday Schedule
85 APPROVE the cancellation of the December 24, 2024, City Council meeting and the City Council holiday schedule as follows: November 26, December 3, and 17, 2024, regular meetings; December 31, 2024, no meeting; January 7, 2025, regular meeting; and January 14, 2025, Swearing-in Ceremony for the new City Councilmembers - City Clerk’s Office (Pamela Christian 510-620-6513).

N.3 City Council
N.3.a The CROWN (Creating a Respectful and Open World for Natural Hair) Act
87 DIRECT staff to review and ensure all City policies governing appearance align with the City's anti-harassment policy's definition of Race and DIRECT staff to include as part of the Race Equity Initiative, educating the workforce about the CROWN Act - Councilmember Zepeda (510-620-6593).

N.3.b Hire Interim Investigator for the Community Police Review Commission
92 APPROVE the following actions: 1) hire an Interim Investigator to undertake the investigative duties previously performed by the former Community Police Review Commission investigator while the City recruits and hires a permanent investigator; 2) reallocate the current budget to that interim investigator; and 3) create an ad hoc committee of the City Council to prepare an interim investigator job description, interview proposed candidates, select the best qualified candidate to fill the temporary interim investigator position and present the candidate to the full City Council for approval – Vice Mayor Claudia Jimenez (510-620-6565).
8 N.3.c City of Richmond Two-Year Fee Schedule for Membership in the East Bay Wildfire Coalition
94 APPROVE City of Richmond fees for membership in the East Bay Wildfire Coalition for a total of $8,250 (including $3,250 for Fiscal Year 2025 and $5,000 for Fiscal Year 2026) – Councilmember Gayle McLaughlin (510-620-6636) and Councilmember Soheila Bana (510- 620-6743).

N.4 City Manager's Office
N.4.a Pre-Approval of Qualified Local Public Private Organizations for Grant Partnership
106
ADOPT a resolution pre-approving six non-profit, community-based, public, and private local organizations to provide grant administration and management in collaboration with City departments in compliance with the City’s Grants Policy – City Manager’s Office (Patrick Seals 307-8016).

N.4.b Approval of Qualified Consultant List for Group Facilitation, Retreats, and Mediation Services
306
ADOPT a resolution approving a consultant list of ten firms to provide retreat and team building, working group facilitation, and conflict resolution and mediation service pursuant to contracts in an amount not-to-exceed $50,000 per vendor, per fiscal year for Fiscal Years 2024-2025 through 2027- 2028 – City Manager’s Office (Patrick Seals 307-8016/Kaitlen Burnom 621-1240).

N.4.c Fiscal Year 2024-25 ECIA Category 3 Awards 468
APPROVE a recommendation from the City Council ECIA Grant Review Ad Hoc Committee to award $56,000 in Fiscal Year 2024-25 ECIA Grant funds (Category 3 - City Council-Approved Award) to four (4) Richmond-serving non-profit organizations; ADOPT a resolution; and AUTHORIZE the City Manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (Patrick Seals 510-307-5016/Nicholas Delgado/Guadalupe
Morales/Abdul Black 510-620-6523).

N.5 Economic Development
N.5.a Port Contract with STAX Engineering for CARB-Approved Emissions Control Solution
481
APPROVE an agreement with STAX Engineering, LLC in the amount of $500,000 to be paid over a two-year period to offset deployment and operations costs of deploying a California Air Resources Board (CARB)-Approved Emissions Control Solution at the Port of Richmond for a term ending December 31, 2026 – Economic Development Department (Charles Gerard 510-829-2253/Lizeht Zepeda 510-620-6653).
9 N.5.b Authorization to Apply for Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant
645
ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all United States Department of Transportation (DOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grants for which the Port of Richmond is eligible through Fiscal Year 2029-2030; EXECUTE all necessary and related agreements – Economic Development Department (Charles Gerard 510-620-6792/Nannette Beacham 510 621-1306/Lizeht Zepeda/510-620- 6653).

N.5.c Lease Extension with Dicon Fiberoptics, Inc., for Police Department Facility at 1689 Regatta Boulevard
702
APPROVE the second lease amendment to provide a five (5) year lease extension with DiCon Fiberoptics, Inc. for the RPD Facility commencing January 1, 2025, and ending on December 31, 2029, with an annual base rent of $1,690,440 (monthly cost fixed rate of $140,870) and operating expenses and utilities of $508,283 (estimated monthly cost $42,356.91, which may increase annually), with five (5) one-year renewal options - Police Department/Economic Development - Real Estate (Chief Bisa French/Nannette J. Beacham 510-621-1306).

N.6 Finance Department
N.6.a Approving an Additional Three Percent Annual Cost of Living Increase for Recipients of the General Pension Fund Participants for 2025
761
ADOPT a resolution approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living increase, for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for these recipients – Finance Department (Andrea Miller 510-620-6790).

N.6.b Badawi & Associates Contract Amendment #3 765
APPROVE the third amendment to the sole-source contract with Badawi and Associates for auditing services to the City and its related entities for three more fiscal years and adding an additional scope of work for capital grant audits for the Richmond Housing Authority ($20,000) covering eight fiscal years, for an amount not to exceed $1,005,783 – Finance Department (Andrea Miller 510-620- 6790/Mubeen Qader 510-412-2077).
10 N.6.c Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the Month of September 2024
902
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, and Documentary Transfer Tax Report for the month of September 2024 – Finance Department (Andrea Miller 510- 620-6740).

N.6.d Compliance with Developer Fees Reporting Requirements of Sections 66006 and 66001 of the Government Code
927
RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of the Government Code – Finance Department (Andrea Miller 510-620-6790).

N.6.e Liens and Special Assessments for Unpaid Garbage Collection Service Fees
932
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740/Antonio Banuelos 510-620- 6741).

N.6.f American Rescue Plan Act (ARPA) Interagency Agreements 1008 APPROVE Interagency Agreements with departments to obligate ARPA funding in an amount not to exceed $16,782,074 - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412- 2077).

N.6.g Fiscal Year 2024-25 Quarter 1 Budget Report 1075
RECEIVE the Fiscal Year 2024-25 Quarter 1 budget report for the period of July 1, 2024, through September 30, 2024; and ADOPT a resolution approving proposed budget adjustments – Finance Department (Andrea Miller 510-620-6790 / Mubeen Qader 510-412- 2077 / Jerry Gurule 510-620-6591).

N.6.h Propose Amendment to the Payment Schedule of the Loan Agreement Between the City of Richmond and the Port of Richmond. 1147
AUTHORIZE the city manager to execute the First Amendment to the Amended and Restated Memorandum of Loan Agreement and
Promissory Note (“Loan”) between the City of Richmond and the Port of Richmond to revise in entirety the Payment Schedule
memorializing prepayments on the Loan in the amount of four million five hundred thousand dollars ($4,500,000) over a six-month period between January 2025 and June 2025 – Finance Department (Andrea Miller 510-620-6790/Rita Martinez 510-621-1546). 11 N.7 Human Resources
N.7.a Amend the Salary Schedule 1160
ADOPT a resolution amending the salary schedule to retitle Electrical Supervisor to Chief Electrician – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

N.7.b Amend position control list 1164
ADOPT a resolution to amend staffing and position control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department (Nickie Mastay/Sharrone Taylor 510- 620-6602).

N.8 Information Technology
N.8.a Resolution Confirming Standing Orders and Outline Agreements for Technology Related on Demand Hardware, Software, and Services from Various Vendors.
1173
ADOPT a resolution authorizing the Department of Information Technology to use standing orders/outline agreements for technology related goods and services from nine pre-approved vendors in support of essential City of Richmond hardware, software, and services, in an amount not to exceed $500,000 per year per vendor for Fiscal Years 2024-2025 through 2028-2029 with review and approval of such agreements from City Attorney’s Office - Information Technology Department (Sue Hartman 510-620-6874).

N.9 Library and Community Services
N.9.a Contract with Imperial County Office of Education to Continue Richmond Public Library’s Connection to CENIC Network High Speed Broadband
1187
APPROVE a sole-source contract with the Imperial County Office of Education for a not to exceed amount of $30,000, with a term beginning September 10, 2024, and ending September 10, 2027, to allow the Richmond Public Library’s connection to the Corporation for Education Network Initiatives in California (CENIC) high speed network – Community Services Department (Christopher Larsen 510- 620-5524/Kate Eppler 510-620-5452).

N.10 Mayor's Office
N.10.a Veterans Day Proclamation 2024 1223
PROCLAMATION honoring the Veterans Resource Program and all veterans on November 11, 2024, Veterans Day – Mayor's Office (Mayor Eduardo Martinez 510-620-6503).
12 N.10.b Green Empowerment Zone Resolution 1226
ADOPT a resolution regarding the City of Richmond’s intent to participate in the Green Empowerment Zone and APPOINT
Councilmember Robinson as the City’s representative for a two-year term – Mayor's Office (Mayor Martinez 510-620-6503).

N.10.c Appointment of Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission
1232
APPOINT Isabel C. Ramos Zaragoza to the Richmond Human Rights and Human Relations Commission with a term that expires March 30, 2025 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.d Correction to Term Expiration Date for John Dupin's appointment 1235 AMEND the expiration date for John Dupin’s current term on the Contra Costa Mosquito and Vector Control Board from January 6, 2029, to the correct date of October 18, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.e Appointment of Andrew Brosnan to the Urban Forest Advisory Committee.
1237
APPOINT Andrew Brosnan to the Urban Forest Advisory Committee with a term that expires on November 17, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.f Appointment of Sarah Shwaika to the Community Police Review Commission
1240
APPOINT Sarah Shwaika to the Community Police Review
Commission for a term that expires November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.10.g Reappointment of Rachel Lorber to the Community Police Review Commission
1243
REAPPOINT Rachel Lorber to the Community Police Review
Commission with a term that expires November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.11 Police Department
N.11.a Approve a Three-year Contract with Sharjo, LLC dba ServiceMaster Restoration Services
1246
APPROVE a three-year contract with Sharjo, LLC dba ServiceMaster Restoration Services for routine cleaning and on-call biohazard cleanup services in an amount not to exceed $45,000, effective November 20, 2024, through November 19, 2027, with two one-year extension options and not to exceed amount of $30,000 for the total extended term - Police Department (Chief Bisa French 510-621- 1802).
13 N.12 Public Works
N.12.a Pia Angela Göktürk Bench Donation 1367
APPROVE the donation of a memorial bench dedicated to Pia Angela Göktürk to be installed on the Bay Trail near Barbara and Jay Vincent Park – Public Works Department/Community Services Department (Daniel Chavarria 510-620-5478/Wade Finlinson 510-621-
1301/Stephanie Ny 510-620-6563/Ranjana Maharaj 510-620-6792).

N.12.b Appropriation of $4,100,000 for the Revitalizing the Historic Main Library Project (Main Library Project).
1379
ADOPT a resolution to appropriate $4,100,000 from the General Fund to the General Capital Fund to the Revitalizing the Historic Main Library Project – Public Works Department (Daniel Chavarria 510- 620-5478/Wendy Wellbrock 510-307-8108).

N.12.c Resolution to Approve a Contract with Fonroche Lighting America to provide Solar Lighting.
1385
ADOPT a resolution to award a three-year contract for $3,000,000 with Fonroche Lightning America beginning November 25, 2024, and ending on November 24, 2027, with two optional one-year extensions for a total amount of $2,000,000 for both option years, for the installation of solar lighting - Public Works Department (Clarence Johnson 510-231-3033/Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).

N.12.d Authorize the city manager to sign a Letter of Intent for Sludge Ponds Lease Extension
1429
AUTHORIZE the city manager to sign a Letter of Intent (LOI) with West County Wastewater (WCW) to continue leasing the sludge ponds in 2025, ensuring continued biosolids processing at the City's wastewater treatment plant following the dissolution of the West County Agency – Public Works Department (Robert Armijo 620- 5477/Daniel Chavarria 620-4778).

N.12.e Resolution to Authorize Task Authorizations with Veolia Water North America for Stormwater Maintenance and Repairs
1449
ADOPT a resolution to authorize Task Authorizations with Veolia Water North America in an amount not to exceed $750,000 for the maintenance of the Large Trash Capture Devices and repairs to the stormwater collection system at multiple locations - Public Works (Daniel Chavarria 510-620-5478/Mary Phelps (510) 621-1269). 14 O. NEW BUSINESS
O.1 State of the Contra Costa Community College District 1513 RECEIVE a presentation from Chancellor Mojdeh Mehdizadeh, Contra Costa Community College District, and President Kimberly Rogers, Contra Costa College regarding the state of the Contra Costa Community College District - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

O.2 West Contra Costa Transportation Commission Presentation 1532 RECEIVE a presentation from the West Contra Costa Transportation Commission regarding the Draft Richmond Parkway Transportation Plan - Public Works Department (Robert Armijo 510-620-5477).

O.3 Year One Annual Report on Richmond Rising Transformative Climate Communities Grant
1689
RECEIVE a presentation of the Year One Annual Report for Richmond Rising Transformative Climate Communities Implementation Grant – Community Development Department (Lina Velasco/Beatriz Guerrero Auna 510-620-5450).

P. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
Q. ADJOURNMENT
________________________
15

Page 1 of 2 ends

November 19, 2024
Human Resources
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nickie Mastay, Deputy City Manager- Internal Services
Sharrone Taylor, Director of Human Resources
Subject: Legal Services Agreement with Lagasse Branch Bell + Kinkead LLC
FINANCIAL IMPACT: These services are considered part of the program administration costs and accounted for in the Fiscal Year 2024-2025 Human Resources and Risk Management
budgets. The services are provided at an hourly rate so the actual amount could be less. (Human Resources
Legal Services 01181016-400206 and Risk Management
Legal Service – Non-General Fund 50182316-400206).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City Council’s approval is needed to enter into legal services agreements for employment attorneys to
conduct confidential personnel investigations.

AGENDA
REPORT
16

Page 2 of 2 ends

November 19, 2024
RECOMMENDED ACTION: APPROVE a legal services agreement with Lagasse Branch Bell + Kinkead LLC for a term of December 1,
2024, through November 30, 2027, for a total amount not to exceed $225,000, to conduct confidential personnel
investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie
Mastay/Sharrone Taylor 510-620-6803)
DISCUSSION:

The City is responsible for addressing complaints of discrimination, harassment, and retaliation by promptly conducting thorough and unbiased personnel investigations.

Additionally, the City investigates other workplace issues, including employee complaints, when necessary. When an external personnel investigation is required, the City enlists the services of specialized firms which have highly skilled employment law attorneys to conduct personnel investigations, such as Lagasse Branch Bell + Kinkead LLC.

The City Attorney’s Office and Human Resources Department are requesting a legal services agreement with Lagasse Branch Bell + Kinkead (LBBK) LLC. LBBK is a law firm that specializes in employment law. LBBK conducts independent workplace investigations into internal and external complaints and misconduct for both public and private entities. Additionally, a number of their attorneys have achieved the Association of Workplace Investigators Certificate Holder (AWI-CH) designation.

The City Attorney's Office and the Human Resources Department are requesting approval of a new legal services agreement with Lagasse Branch Bell + Kinkead LLC for a term of December 1, 2024, through November 30, 2027, for a total amount not to exceed $225,000. Hourly rates are as follows: Partner - $330/hour, Senior Associate- $300/hour and Associate - $275/hour.
agreement.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Legal Services Agreement with Lagasse Branch Bell + Kinkead LLC
17 1
DocID #29062v1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND
LAGASSE BRANCH BELL + KINKEAD LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 1st day of December 2024 (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 LAGASSE BRANCH BELL + KINKEAD LLP, comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 4365 Executive Drive, #950, San Diego, CA 92121. 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 18 2
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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 November 30, 2027, 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 Margaret Bell, Jessica Yang, and Lisa Magorien. It is agreed by and between the Parties that should it be desirable for any attorney(s) other than Margaret Bell, Jessica Yang, and Lisa Magorien 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. 19 3
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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] and [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).

9. 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.

10. 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.

11. 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.
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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.

12. 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.

13. 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. 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.

14. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, 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 this 21 5
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Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

15. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release 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 (including, 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).

16. 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 D, attached to this Agreement and incorporated by this reference.

17. 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 22 6
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prior written authorization of the City Attorney.

18. 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.

19. 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.

20. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [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.

21. 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.

22. 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.

23. 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 23 7
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the services required.

24. 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 E along with the bid or proposal prior to execution of the contract.
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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.

LAGASSE BRANCH BELL + KINKEAD
LLP
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
25 Exhibit A
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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall conduct confidential personnel investigations.

Special Counsel’s points of contact in the City of Richmond City Attorney’s office are:

Shannon L. Moore, Chief Assistant City Attorney
Beth Arnese, Senior Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
Partner $330/hour
Senior Associate $300/hour
Associate $275/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 Two Hundred Twenty-five Thousand dollars ($225,000) for attorneys’ fees and reimbursements. 26 Exhibit B
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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). 27 Exhibit B
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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.
28 Exhibit B
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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;
 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.
29 Exhibit B
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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 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.

PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
30 Exhibit C
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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.
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. 31 Exhibit E
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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "SanctuaryCity Contracting Ordinance" or “SCCO”). Contractor understands and agreesthat 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 servicesto the U.S. Immigration and Customs EnforcementDivision 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 sourcesfor 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 servicesto 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 certifiesthat it complies with the requirements ofthe SCCO and that if at anytime during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury underthe laws ofthe State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
32 Exhibit D
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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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
33 Exhibit D
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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.
34 Exhibit D
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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 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.

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. 35 Exhibit D
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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.

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.
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November 19, 2024
Human Resources
DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nickie Mastay, Deputy City Manager- Internal Services
Sharrone Taylor, Director of Human Resources
Subject: Legal Services Agreement with McFadden Investigations Law Corporation
FINANCIAL IMPACT: These services are considered part of the program administration costs and accounted for in the Fiscal Year 2024-2025 Human Resources and Risk Management
budgets. The services are provided at an hourly rate so the actual amount could be less. (Human Resources
Legal Services 01181016-400206 and Risk Management
Legal Service – Non-General Fund 50182316-400206).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City Council’s approval is needed to support legal
services agreements for employment attorneys
conducting confidential personnel investigations.

AGENDA
REPORT
37

Page 2 of 2 ends

November 19, 2024
RECOMMENDED ACTION: APPROVE a legal services agreement with McFadden Investigations Law Corporation for a term of November
19, 2024, through September 30, 2027, for a total
amount not to exceed $150,000 to perform confidential
personnel investigations – City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon
Moore/Nickie Mastay/Sharrone Taylor 510-620-6803)
DISCUSSION:

The City is responsible for addressing complaints of discrimination, harassment, and retaliation by promptly conducting thorough and unbiased personnel investigations.

The City Attorney’s Office and Human Resources Department are requesting a legal services agreement with McFadden Investigations Law Corporation to conduct impartial personnel investigations. Carrie McFadden is an experienced investigator who has conducted investigations into complex and sensitive allegations in a variety of industries, including government, public safety, recreation, and legal. Prior to devoting her practice to workplace investigations, Ms. McFadden practiced civil litigation for over 10 years where she represented public entities and their employees in a wide variety of cases, such as employment cases involving allegations of wrongful termination, retaliation, and discrimination. As Ms. McFadden has the experience and expertise necessary to conduct workplace investigations, the City intends to retain McFadden Investigations Law Corporation for personnel investigations as an attorney at law for the purpose of facilitating the rendering of legal advice to the City.

The City Attorney's Office and the Human Resources Department are requesting approval of a new legal services agreement with McFadden Investigations Law Corporation for a term of November 19, 2024, through September 30, 2027, for a total amount not to exceed $150,000. McFadden’s hourly rate is $350 per hour.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Legal Services Agreement with McFadden Investigations Law Corporation
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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

MCFADDEN INVESTIGATIONS LAW CORPORATION

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 19th of November, 2024 (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 MCFADDEN INVESTIGATIONS LAW CORPORATION, comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 6520 LONETREE BLVD., STE. 134, ROCKLIN, CA 95765. 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:

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

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 39 2
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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 SEPTEMBER 30, 2027, 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 CARRIE A. MCFADDEN. It is agreed by and between the Parties that should it be desirable for any attorney other than CARRIE A. MCFADDEN 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 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.

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services 40 3
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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] and [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

9. BILLING.

10. TERMINATION.

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.

11. CONFLICTS OF INTEREST.

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 41 4
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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.

12. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

13. AUDITS, RECORDS, AND DOCUMENTATION.

14. NON-DISCRIMINATION.

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 this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
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15. HOLD HARMLESS/INDEMNIFICATION.

16. INSURANCE REQUIREMENTS.

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

17. CONFIDENTIALITY AND MEDIA STATEMENTS.

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

18. AMENDMENTS.
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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.

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

20. NOTICES.

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

21. LAW GOVERNING AGREEMENT.

22. INVALID PROVISIONS.

23. LICENSE REQUIREMENTS.

24. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT. 44 7
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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 E along with the bid or proposal prior to execution of the contract.
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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.

MCFADDEN INVESTIGATIONS LAW

CORPORTATION
By:_______________________________
Title:_____________________________

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall conduct impartial personnel investigations as assigned by authorized City representatives.

Special Counsel’s points of contact in the City of Richmond City Attorney’s office are:

Shannon L. Moore, Chief Assistant City Attorney
Beth Arnese, Senior Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
CARRIE A. MCFADDEN $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 One Hundred Fifty Thousand Dollars ($150,000) for attorneys’ fees and reimbursements. 47 Exhibit B
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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.

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). 48 Exhibit B
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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.
49 Exhibit B
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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;
 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.
50 Exhibit B
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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 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.

PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
51 Exhibit C
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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.
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. 52 Exhibit E
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Based on the foregoing, the undersigned declares under penalty of perjury underthe laws ofthe State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
53 Exhibit D
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City of Richmond - Insurance Requirements - Type 2:

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

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

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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
54 Exhibit D
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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.
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City of Richmond - Insurance Requirements - Type 2: