Agenda — Richmond City Council, September 15, 2026 (part 1 of 7)

PLEASE NOTE: HYBRID MEETING FORMAT

- OPEN SESSION OF THE RICHMOND CITY COUNCIL
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, September 15, 2026, 3:30 p.m.

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

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Vice Mayor, District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!
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HOW TO WATCH THE MEETING FROM HOME:

1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99

2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council during 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. Online speakers: must raise their hand when instructed by the clerk. Once the City Clerk has announced the item and given a count of the number of total speakers, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk or those that have their hand raised.

The amount of time allotted to individual speakers shall be determined based on the total number of persons requesting to speak during this item. The time allocation for each speaker will be as follows: 15 or fewer speakers, a maximum of 2 minutes; 16 to 24 speakers, a maximum of 1 and one-half minutes; and 25 or more speakers, a maximum of 1 minute.

NON-PUBLIC HEARING ITEMS LISTED ON THE AGENDA: Each speaker will be allowed up to TWO minutes to address the Council. PUBLIC HEARING ITEMS: Speakers are allowed up to THREE (3) minutes to address the Council.

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants (when appropriate). Only those public speakers that have their hand raised at the appropriate time will be recognized.

Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. ** To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
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2 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.

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.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

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). The procedures for discussion do not apply to items sponsored by the mayor or councilmembers.

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. 9-15-26 CC Mtg.
3 Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials 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
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4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Kay Maher
Agency Against: City of Richmond
•
Claimant: Lynette Parker
Agency Against: City of Richmond
•
C.2 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957(b)) • Title: Interim City Manager Recruitment
C.3 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957(b)) • Title: City Manager Recruitment
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Manager
C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau
•
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
C.6 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Two cases
C.7 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • One case
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5 C.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1689 Regatta Boulevard
Agency Negotiators: Nannette Beacham
Negotiating Parties: DiCon Fiberoptics, Inc.

Under negotiation: Price and terms of payment
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
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6 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:00 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) L.1 NEW EMPLOYEE REPORT
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 Amendment No. 2 with Liebert Cassidy Whitmore for Litigation Matters
17 APPROVE a second amendment to the legal services agreement with Liebert, Cassidy, Whitmore for employment litigation matters, increasing the payment limit by $250,000, for a total amount not to exceed $550,000, with a term expiration of June 30, 2027– City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510- 620-6509).

N.1.b Legal Services Agreement Amendment No. 2 with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP for Litigation Matters 53 APPROVE a second amendment to the legal services agreement with McNamara, Ambacher, Wheeler, Hirsig & Gray LLP for pending and future police tort litigation matters, increasing the payment limit by $250,000, for a total amount not to exceed $350,000, and extending the term through December 31, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6509). 9-15-26 CC Mtg.
7 N.1.c Legal Services Agreement Amendment No. 1 with Oppenheimer Investigations Group, LLP for Confidential Personnel Investigations 84 APPROVE a first amendment to the legal services agreement with Oppenheimer Investigations Group LLP for confidential personnel investigations, increasing the payment limit by $300,000, for a total amount not to exceed $600,000, and extend the term through September 30, 2029 – City Attorney’s Office/Human Resources Department (Sharrone Taylor 510-620-6803/ Shannon Moore 510- 620-6509)
N.1.d Legal Services Agreement Amendment No. 1 with Chiari Law for Confidential Personnel Investigations
111
APPROVE a first amendment to the legal services agreement with Chiari Law, PC, to conduct confidential personnel investigations, increasing the payment limit by $40,000, for a total amount not to exceed $49,999, with a term expiration of June 30, 2027 – City Attorney’s Office/Human Resources Department (Sharrone Taylor 510-620-6803/Shannon Moore 510-620-6509).

N.2 City Clerk's Office
N.2.a Contract Amendment with Carahsoft/DocuSign for E-Signature and Contract Routing Solutions
134
APPROVE a contract amendment with Carahsoft/DocuSign for DocuSign electronic signature, document routing, and agreement management services, piggybacking on California Multiple Award Schedules Contract No. 3-20-70-2247G between the State of California and Carahsoft/DocuSign, for the term of September 30, 2026, through September 29, 2027, in an amount not to exceed $24,000 - City Clerk's Office (Pamela Christian 510-620-6513).

N.2.b Meeting Minutes 173
APPROVE the minutes of the regular June 23, July 7, 21, 28, 2026, and special August 11 and 26, 2026, City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

N.3 City Manager's Office
N.3.a Pre-Approved List for Group Facilitation, Staff Retreats, and Mediation Services
231
ADOPT a resolution to APPROVE a pre-qualified eligibility list for asneeded group facilitation, staff retreats, and mediation services each for an amount not to exceed $50,000 per year, per firm for a term of three years with two one-year extension options – City Manager’s Office (Patrick Seals 510-307-8016).
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8 N.4 Community Development
N.4.a Contract with Community Housing Development Corporation of North Richmond for Environmental Remediation for Bob Dabney Plaza 252
APPROVE a contract with the Community Housing Development Corporation of North Richmond (CHDCNR), in an amount not to exceed $80,014.40, to support environmental assessment and remediation activities for Bob Dabney Plaza, a permanently affordable multifamily housing development located at 100 and 106 Macdonald Avenue, using funds from the City’s Brownfields Revolving Loan Fund (RBRLF); APPROPRIATE the remaining
RBRLF balance of $42,514.39 into the Fiscal Year 2026-27 budget; and AUTHORIZE the city manager, or their designee, to execute the contract – Community Development Department (Lina Velasco/Jesus Morales/Charice Duckworth 510-412-2052).

N.4.b 2025 Housing Element Annual Progress Report 273
RECEIVE a report and ADOPT a resolution accepting the 2025 Annual Progress Report for the City’s Housing Element 2023-2031 - Community Development Department (Lina Velasco/Avery Stark 510- 620-6714).

N.5 Community Services
N.5.a Contract with Mark43, Inc. for Community Crisis Response Program Computer-Aided Dispatch Access
280
APPROVE a sole-source contract with Mark 43 for computer-aided dispatch (CAD) software for direct communication to Richmond’s Communications Dispatch Center for a term of September 15, 2026, to September 14, 2029, in an amount not to exceed $95,668 – Community Services Department (Sam Vaughn 510-620-
5404/Michael Romero 510-620-6791/Joan Binalinbing 510-620- 6531).

N.5.b Contract with Treadwell LLC for Software Integration of ComputerAided Dispatch Software and Record Management System 341
APPROVE a sole-source contract with Treadwell LLC to oversee the integration and maintenance of the Community Crisis Response Program’s computer-aided dispatch and records management systems, including automated data fields to improve documentation efficiency, for the term of September 15, 2026, through September 14, 2027, in an amount not to exceed $13,820 – Community Services Department (Sam Vaughn 510-620-5404/Michael Romero 510-620- 6791/Joan Binalinbing 510-620-6531).
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9 N.6 Economic Development
N.6.a Contract Amendment No. 2 with Renaissance Entrepreneurship Center to Administer the Amended Small Business Façade
Improvement Program
374
ADOPT a resolution amending the Small Business Façade
Improvement Program Guidelines to allow limited eligible equipmentrelated improvements as determined by the Economic Development Department and APPROVE a second contract amendment with Renaissance Entrepreneurship Center to administer Small Business Façade Improvement Program grants for eligible permanently installed storefront equipment - Economic Development Department (Jesson de Leon 510-412-2023/Junne Garcia 510-620-
6524/Nannette Beacham 510-620-1306).

N.6.b Amendment to the West Contra Costa Integrated Waste Management Authority (WCCIWMA or RecycleMore) Joint Exercise of Powers Agreement
423
ADOPT a resolution approving the first amendment to the Fifth Amendment and Restatement of the West Contra Costa Integrated Waste Management Authority (WCCIWMA) Joint Exercise of Powers Agreement to change WCCIWMA’s fiscal year to January through December commencing January 1, 2027, and DIRECT the Mayor to execute the amendment to the Joint Exercise of Powers Agreement (JEPA) forming the Authority - Economic Development Department (Samantha Carr 510-620-5407/Nannette Beacham 510-621-1306).

N.7 Finance Department
N.7.a Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of June 2026 439
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of June 2026 – Finance Department (Emily Combs 510-620-6740).

N.7.b Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of July 2026 471
RECEIVE the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and Other Post-Employment Benefits (OPEB) and Pension Report for the month of July 2026 – Finance Department (Emily Combs 510-620-6740). 9-15-26 CC Mtg.
10 N.8 Fire Department
N.8.a Contract with TargetSolutions Learning, LLC dba Vector Solutions (“TargetSolutions”) for Fire Industry Training and Compliance Management System
503
APPROVE a sole-source contract with TargetSolutions Learning, LLC dba Vector Solutions for web-based fire industry training and compliance management system in an amount not to exceed $30,494, for a three-year term effective January 1, 2026, through January 1, 2029, with two one-year extension options not to exceed an additional $12,000 per year – Fire Department (Chief Aaron Osorio 510-307-8021/Chief Rico Rincon 510-307-8041/Den Mark Marcelo 510-307-8038).

N.8.b Legal Services Agreement with Civica Law Group, APC, for Fire Prevention and Code Enforcement Matters
534
APPROVE an on-call legal services agreement with Civica Law Group, APC, for services related to Fire Department fire prevention and code enforcement matters, in an amount not to exceed $45,000, with a term expiration of September 16, 2029, and two one-year extension options, each in an amount not to exceed $15,000; and AUTHORIZE the city manager, or their designee, to execute the agreement and exercise the extension options at the city manager’s discretion – Fire Department (Chief Aaron Osorio 510-307- 8021/Dante J. Wiley 510-307-8090/Carolyn Conry 510-307-8044).

N.9 Human Resources
N.9.a Side Letter with Richmond Police Officers Association Regarding Field Training Officers
558
ADOPT a resolution executing a Side Letter with the Richmond Police Officers Association (RPOA) regarding Field Training Officer assignments – Human Resources Department (Nickie
Mastay/Sharrone Taylor 510-620-6602).

N.9.b Side Letter with Richmond Police Officers Association Regarding Special Compensation Practices
574
ADOPT a resolution executing a Side Letter with the Richmond Police Officers Association (RPOA) regarding special compensation of the California Public Employees’ Retirement System – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).

N.9.c Amendment to Position Control List 583
ADOPT a resolution amending staffing and position control list and allocating the necessary salary, wages, and benefits as required – Human Resources Department (Nickie Mastay/Sharrone Taylor/Emily Combs 510-620-6602).
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11 N.9.d Amendment to the Salary Schedule 587
ADOPT a resolution amending the salary schedule to add the salary range for the Senior Applications Analyst classification – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).

N.10 Information Technology
N.10.a Purchasing Agreement with Carahsoft Technology Corp. for City Standard Software Licensing
591
ADOPT a resolution to APPROVE a piggyback purchasing
agreement with Carahsoft Technology Corp., utilizing Cobb County, Georgia, OMNIA Partners Contract No. 23-6692-01 for Technology Products, Solutions and Related Services, to procure City standard software licenses, including enterprise licensing, in an amount not to exceed $500,000 per year, for the term of September 15, 2026, through April 30, 2028 – Information Technology Department (Sue Hartman 510-620-6874).

N.11 Mayor's Office
N.11.a Appointment of Free Brown to the Macdonald Ave Corridor Taskforce 775 APPOINT Free Brown to the Macdonald Ave Corridor Taskforce to a vacant seat with a new term ending December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.11.b Appointment of Theophilus Little to the Macdonald Ave Corridor Taskforce
778
APPOINT Theophilus Little to the Macdonald Ave Corridor Taskforce to a vacant seat with a new term ending December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.11.c Reappointment of Gay Timmons to the Planning Commission 781 REAPPOINT Gay Timmons to the Planning Commission to a vacant seat with a new term ending June 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.11.d Reappointment of Jon Harrison to the Planning Commission 784 REAPPOINT Jon Harrisson to the Planning Commission to a vacant seat with a new term ending June 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
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12 N.11.e Appointment of TriDuc Tran as the Youth District 4 Representative to the Richmond Fund for Children and Youth Oversight Board 787
APPOINT TriDuc Tran to the Richmond Fund for Children and Youth Oversight Board as the youth representative for Council District 4, upon the recommendation of Councilmember Bana, for a term ending December 2, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503)
N.11.f Appointment of Jennifer Early as the Adult District 5 Representative to the Richmond Fund for Children and Youth Oversight Board 796
APPOINT Jennifer Early to the Richmond Fund for Children and Youth Oversight Board as the adult representative for Council District 5, upon the recommendation of Councilmember Wilson, for a term ending December 2, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.12 Police Department
N.12.a Monthly Crime Report for July 2026 801
RECEIVE the monthly Crime Report from the Richmond Police Department for July 2026 – Police Department (Chief Timothy Simmons 510-621-1802).

N.12.b Contract with Peregrine Technologies for Public Safety Data Integration, Analytics, and Electronic Case Filing Services 809
APPROVE a sole-source contract with Peregrine Technologies for a public safety data integration and analytics platform that consolidates information from Richmond Police Department data systems and supports electronic case filing with the Contra Costa County District Attorney’s Office, in an amount not to exceed $1,200,295, for the term of November 1, 2026, through October 31, 2029, with two oneyear extension options – Police Department (Chief Timothy Simmons 510-621-1802/Captain Elizabeth Bashan 510-621-1819).

N.12.c Contract with Police Strategies LLC for Use-of-Force Data Analysis and Public Reporting
844
APPROVE a sole-source contract with Police Strategies LLC to analyze use-of-force data and maintain the City’s public-facing useof-force reporting dashboard, in an amount not to exceed $73,000, for the term of September 16, 2026, through September 15, 2029, with two one-year extension options in a combined amount not to exceed $30,000, for a total contract amount not to exceed $103,000 - Police Department (Chief Timothy Simmons 510-621-1802). 9-15-26 CC Mtg.
13 N.13 Public Works
N.13.a Accept the ShieldsReid Park Improvement Project as Complete 872 ADOPT a resolution accepting the Shields-Reid Park Improvement Project as complete; AUTHORIZE the city clerk to file the Notice of Completion with the Contra Costa County Recorder’s Office; and AUTHORIZE the city engineer to release the contractor bonds and retention payment, provided there are no outstanding liens or stop notices – Public Works Department (Darcie DeLashmutt 510-672- 3944/Daniel Chavarria 510-620-5478).

N.13.b Preliminary Engineering Services Agreement with the Burlington Northern and Santa Fe Railway Company (“BNSF”) for the
Downtown Point Richmond Bicycle and Pedestrian Connectivity Project
951
APPROVE a Preliminary Engineering Services Agreement with Burlington Northern Santa Fe Railway (BNSF) Railway Company for a term commencing on September 16, 2026, and terminating on June 30, 2029, in an amount not to exceed $50,000 and ADOPT a resolution authorizing the city manager to execute the agreement – Public Works Department (Gail Payne 510-620-6716/Daniel Chavarria 510-620-5478).

N.13.c Accept the Barrett Avenue Improvement Project Subregional Transportation Mitigation Program Grant Award
963
ADOPT a resolution to ACCEPT and APPROPRIATE $311,931 in Subregional Transportation Mitigation Program funds from the West Contra Costa Transportation Commission for the Barrett Avenue Improvement Project and AUTHORIZE the city manager, or
designee, to execute the cooperative funding agreement with the West Contra Costa Transportation Commission – Public Works Department (Hillal Hamdan 510-621-1612).

N.13.d July 2026 Abatement Report 971
RECEIVE a report on the July 2026 abatement activities – Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231-3044/Hugo Mendoza 510-231-3030).

N.13.e Accept the Boorman Park Site Remediation Project as Complete 1001 ADOPT a resolution accepting the Boorman Park Site Remediation Project as complete; AUTHORIZE the city clerk to file the Notice of Completion with the Contra Costa County Recorder’s Office; and AUTHORIZE the city engineer to release the contractor bonds and retention payment, provided there are no outstanding liens, stop notices, claims, disputes, or other unresolved contract issues – Public Works Department (Darcie DeLashmutt 510-672-3944/Daniel Chavarria 510-620-5478).
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14 N.13.f Memorandum of Understanding Amendment No. 6 with the Contra Costa Transportation Authority for the StreetLight Data Program 1063
ADOPT a resolution to AUTHORIZE the public works director/city engineer to execute the sixth amendment to the Memorandum of Understanding 80.09.02 with the Contra Costa Transportation Authority for continued participation in the regional StreetLight Data subscription program for Fiscal Year 2026–27 – Public Works Department (Gail Payne 510-620-6716/Daniel Chavarria 510-620- 5478).

O. BUDGET SESSION
O.1 Fiscal Year 2025-26 Quarter 4 and Quarter 3 Financial Report and Administrative Budget Adjustments
1255
RECEIVE the Fiscal Year (FY) 2025-26 Quarter 4 (Q4) Financial Report for the period ending June 30, 2026, and the attached FY 2025-26 Quarter 3 (Q3) Financial Report for the period ending March 31, 2026; ADOPT a resolution to APPROPRIATE proposed FY 2025-26 year-end administrative budget adjustments; APPROPRIATE Environmental and Community Investment Agreement (ECIA) funds in FY 2026-27 for the Richmond Promise Program; and PROVIDE DIRECTION regarding the timing of the Limited-Term Revenue Community Engagement process and its coordination with public-safety labor negotiations and other City Council-directed plans, studies, and assessments – City Manager’s Office/Finance Department (Shasa Curl/Emily Combs/Mubeen Qader 510-412-2077).

P. PUBLIC HEARINGS
P.1 Urgency Ordinance Imposing a 45Day Moratorium on New Data Centers 1395 ADOPT an Urgency Ordinance establishing a 45-day temporary moratorium on the establishment of new data centers within the City of Richmond pending a public planning process to evaluate whether and under what regulations data centers may be permitted utilizing Government Code Section 65858(b) – City Manager’s Office/Community Development Department/City Attorney’s Office (Lina Velasco 510-620-6841).
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15 Q. NEW BUSINESS
Q.1 Contract Amendment with Axon Enterprise and Contract with Assure MSP, Inc. for Law Enforcement and City Facility Video Technology, Surveillance, and Support Services
1404
APPROVE a contract amendment with Axon Enterprise to continue servicing body-worn cameras, taser devices, interview room equipment, and virtual reality training equipment, and to add license plate reader and surveillance equipment, increasing the contract amount by $3,500,000, for a total amount not to exceed $12,000,000, for the term of October 1, 2026, through September 30, 2029, with two one-year extension options through September 30, 2031; APPROVE a contract with Assure MSP, Inc. for Verkada closed-circuit television camera equipment and related services at various City facilities, in an amount not to exceed $500,000, for the term of October 1, 2026, through September 30, 2029; AUTHORIZE the City Attorney’s Office to negotiate and finalize the contracts; and AUTHORIZE the city manager, or their designee, to execute the contracts – Police Department (Chief Timothy Simmons 510-621- 1802).

Q.2 Update on Polluters Pay Settlement Funds’ Community Engagement Process 1556 DIRECT the city manager and/or city attorney to provide an update at the City Council meeting on September 22, 2026, on the settlement funds public consultation process, including the consultant proposal, the public consultation plan, the timeline and the current state of the funds, and DIRECT city manager and/or the city attorney to continue to provide monthly updates for upcoming city council meetings on the status of the consultant process and funds until the contract deliverables have been met - Councilmember Claudia Jimenez (510- 620-6565)/Vice Mayor Doria Robinson (510-620-6568).

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) S. ADJOURNMENT
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16 September 15, 2026
DocID #27381v1
City Attorney's Office
DATE: September 15, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Kimberly Chin, Interim Chief Assistant City Attorney
Subject: Legal Services Agreement Amendment No. 2 with Liebert Cassidy Whitmore for Litigation Matters
FINANCIAL IMPACT: The proposed $250,000 increase to the legal services agreement is included within the approved Fiscal Year
2026-2027 Risk Management General Liability Fund
budget (Account String: 50182316-400554). As services
are billed at an hourly rate, the total cost may be lower than the not-to-exceed amount.

PREVIOUS COUNCIL
ACTION:

October 1, 2024

STATEMENT OF THE
ISSUE:

A second amendment to the legal services agreement
with Liebert, Cassidy, Whitmore is needed to provide
additional funding and ensure the City has appropriate
legal representation and counsel for pending and future employment litigation matters.

RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with Liebert, Cassidy, Whitmore for
employment litigation matters, increasing the payment
limit by $250,000, for a total amount not to exceed
$550,000, with a term expiration of June 30, 2027– City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6509).

AGENDA
REPORT
17 September 15, 2026
DocID #27381v1
DISCUSSION:

The City Attorney’s Office is requesting a second amendment to the legal services agreement (LSA) with Liebert, Cassidy Whitmore (LCW) in connection with threatened and pending employment litigation matters, including appeals. LCW is a law firm with several offices throughout California that exclusively provide legal services to public sector agencies. The services provided by LCW have been extremely beneficial to the City and performed in a very satisfactory manner. LCW has entered into various previous and current legal services agreements with the City to handle litigation and employment matters.

The original LSA was approved by City Council on October 1, 2024, and the first amendment extending the term through June 30, 2027, was entered into June, 4, 2026.

As such, continuing the working relationship with LCW will provide stability in litigation matters, and it would be detrimental to the City's interests to change law firms at this juncture.

The rates for LCW are:

Partners $485.00/Hour;
Senior Counsel $400.00/Hour;
Associates $295-380.00/Hour;
Labor Relations/Human Resources Consultant $315.00/Hour; Classification & Compensation Consultant $230.00/Hour;
Paralegals $165.00/Hour;
E-Discovery Specialists $185.00/Hour;
Law Clerks $180.00 - $200.00/Hour
The City Attorney’s Office is requesting City Council approval for a second amendment to the Legal Services Agreement with Liebert Cassidy Whitmore, increasing the compensation by $250,000, for a total contract amount not to exceed $550,000, and contract term extension through June 30, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Second Amendment to LSA with LCW (proposed) Attachment 2 – First Amendment to LSA with LCW
Attachment 3 – Original LSA with LCW
18 LCW (Muni)--Second Amendment to LSA
DocID #77067v4
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

LIEBERT CASSIDY WHITMORE
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Counsel”) (the "Second Amendment") is entered into as of SEPTEMBER 15, 2026, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and Cityrelated entities on September 1, 2024, for an amount not to exceed $300,000 and term ending June 30, 2026; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on June 4, 2026, to extend the term to June 30, 2027; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $250,000.00; and WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Second Amendment.

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

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

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Second Amendment increases the compensation limit by $250,000.00.

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
19 LCW (Muni)--Second Amendment to LSA
DocID #77067v4
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

CITY OF RICHMOND LIEBERT CASSIDY WHITMORE
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
20 LCW (Muni)--Second Amendment to LSA
DocID #77067v4
A-3
Attachment 1

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

Special Counsel shall represent the City in connection with threatened and pending employment litigation matters, including appeals, as assigned by the City Attorney.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office are:

Shannon Moore, Interim City Attorney
Kimberly Chin, Interim Chief Assistant City Attorney
Schedule of Fees & Charges:

HOURLY RATES EFFECTIVE THROUGH JUNE 30, 2027
PARTNERS(S) $485/hour
SENIOR COUNSEL $400/hour
ASSOCIATES(S) $295-$380/hour
LABOR RELATIONS/ $315/hour

HUMAN RESOUCES

CONSULTANT
CLASSIFICATIONS & $230/hour

COMPENSATION

CONSULTANT
PARALEGAL(S) $165/hour
E-DISCOVERY SPECIALISTS(S) $185/hour
LAW CLERK(S) $180-$200/hour
21 LCW (Muni)--Second Amendment to LSA
DocID #77067v4
A-4
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 FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000) for attorneys’ fees and reimbursements. 22 LCW (Muni) - First Amendment to LSA
DocID #72475v2
A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

LIEBERT CASSIDY WHITMORE
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Counsel”) (the "First Amendment") is entered into as of June 4, 2026, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) on September 1, 2024, for representation of the City and City-related entities for an amount not to exceed $300,000 and term ending June 30, 2026; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term to June 30, 2027; and WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this First Amendment.

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

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this First Amendment extends the term to June 30, 2027.

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument. [Signatures on following page]
Docusign Envelope ID: 1918FEF1-7C02-84E1-80DC-5532502750E1 Docusign Envelope ID: 9B8BEAD6-2DA7-8D1C-827E-9C0391E22BBE 23 LCW (Muni) - First Amendment to LSA
DocID #72475v2
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this FIRST Amendment to be effective as of the last date written above.

CITY OF RICHMOND LIEBERT CASSIDY WHITMORE
________________________ By __________________________
City Manager
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
Docusign Envelope ID: 1918FEF1-7C02-84E1-80DC-5532502750E1 Managing Partner
Docusign Envelope ID: 9B8BEAD6-2DA7-8D1C-827E-9C0391E22BBE 24 LCW (Muni) - First Amendment to LSA
DocID #72475v2
A-3
Attachment 1

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

Special Counsel shall Represent the City in connection with threatened and pending employment litigation matters, including appeals, as assigned by the City Attorney.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon Moore, Interim City Attorney
Kimberly Y. Chin, Sr. Assistant City Attorney
Schedule of Fees & Charges:

PARTNERS $435.00/HOUR
SENIOR COUNSEL $365.00/HOUR
ASSOCIATES $260.00 - $345.00/HOUR
LABOR RELATIONS/ $280.00/HOUR

HUMAN RESOURCES

CONSULTANT
CLASSIFICATION & $200.00/HOUR

COMPENSATION CONSULTANT
PARALEGALS $145.00/HOUR
E-DISCOVERY SPECIALISTS $145.00/HOUR
LAW CLERKS $145.00 - $185.00/HOUR
Docusign Envelope ID: 1918FEF1-7C02-84E1-80DC-5532502750E1 Docusign Envelope ID: 9B8BEAD6-2DA7-8D1C-827E-9C0391E22BBE 25 450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6509 Fax: (510) 620-6518 www.ci.richmond.ca.us DocID #75367v3
CITY ATTORNEY’S OFFICE
July 8, 2026
VIA E-MAIL and DOCUSIGN:
[email protected]
[email protected]
[email protected]
[email protected]
Melanie L. Chaney, Firm-wide Managing Partner

LIEBERT CASSIDY WHITMORE
6033 W. Century Blvd., Ste. 500
Los Angeles, CA 90045
(310) 981-2012
RE: Change in Rates to Two Legal Services Agreements
• LCW LSA—Labor
• LCW LSA—Employment Litigation
Dear Ms. Chaney,
Pursuant to the email exchange dated July 7, 2026, including the attached Fee Schedule, between Senior Assistant City Attorney, Dallae Chin, and Accounting & Contracts Specialist, Marc Zavala, this letter confirms the changes in rates to the legal services agreements between Liebert Cassidy Whitmore and the City of Richmond, as set forth below:

HOURLY RATES EFFECTIVE JULY 1, 2026 THRU JUNE 30, 2027:

PARTNER(S) $485/hr
SENIOR COUNSEL $400/hr
ASSOCIATE(S) $295-380/hr
LABOR RELATIONS/ $315.00/hr

HUMAN RESOURCES CONSULTANT
CLASSIFICATION & $230.00/hr

COMPENSATION CONSULTANT
PARALEGAL(S) $165/hr
E-DISCOVERY SPECIALIST(S) $185.00/hr
LAW CLERK(S) $180.00-$200.00/hr
Docusign Envelope ID: 22BA8DB0-193B-8760-80F1-AD8FFE493FF4 26 DocID #75367v3

Page 2 of 2 ends

LCW—FY 26/27 Rates
July 8, 2026
A signature line is included below to indicate your assent on behalf of Liebert Cassidy Whitmore.

Sincerely,
Shannon Moore, Interim City Attorney
******************************************************************************

ACCEPTED AND AGREED

Melanie Chaney, Firm-wide Managing Partner

LIEBERT CASSIDY WHITMORE
Docusign Envelope ID: 22BA8DB0-193B-8760-80F1-AD8FFE493FF4 27 8548274.1 LC001-009

LIEBERT CASSIDY WHITMORE

FEE SCHEDULE
Partners $485.00
Senior Counsel $400.00
Associates $295.00 - $380.00
Labor Relations/Human Resources Consultant $315.00
Classification & Compensation Consultant $230.00
Paralegals $165.00
E-Discovery Specialists $185.00
Law Clerks $180.00 - $200.00
Docusign Envelope ID: 22BA8DB0-193B-8760-80F1-AD8FFE493FF4 28 1
DocID #27098v1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

LIEBERT CASSIDY WHITMORE

PREAMBLE
1 st day of September,
2024 Richmond, California, a chartered California
l place of business located at 450 Civic Center
Plaza, Richmond, California 94804 and LIEBERT CASSIDY WHITMORE comprised of attorneys licensed to practice law in
place of business located at 135 Main Street, 7th Floor, San Francisco, CA 94105. Special Counsel may be referred to herei rties to

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 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 29 2
DocID #27098v1
to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.
[See Scope of Work in Exhibit A].

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2026, 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 NATHAN JACKSON, TONY G. CARVALHO, and CHARLES HELLSTROM. It is agreed by and between the Parties that should it be desirable for any attorney other than NATHAN JACKSON, TONY G. CARVALHO, and CHARLES HELLSTROM 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 t
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.
the terms of this Agreement, and upon review and approval of Spec City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

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

8. PROJECT PLAN AND BUDGET AND RESERVES.

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

9. LITIGATION GUIDELINES.

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

10. BILLING.

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

11. STATUS REPORTS.

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

12. TERMINATION.
31 4
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Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

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

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

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

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

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from 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 32 5
DocID #27098v1
City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

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

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the 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 hole 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).

18. INSURANCE REQUIREMENTS.

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

A. Commercial general liability policy (bodily injury and property damage); B.

C. Business automobile liability insurance policy; and, D. Professional liability policy.
33 6
DocID #27098v1
Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

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

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

20. AMENDMENTS.

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

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

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

22. NOTICES.

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

23. LAW GOVERNING AGREEMENT.
34 7
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This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

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

25. LICENSE REQUIREMENTS.

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

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
35 8
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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.

LIEBERT CASSIDY WHITMORE
By:_______________________________
Title:_____________________________

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

Special Counsel shall Represent the City in connection with threatened and pending employment litigation matters, including appeals, as assigned by the City Attorney.

City of Richmond Contact Attorney: Kimberly Y. Chin, Sr. Assistant City Attorney; Beth Arnese, Sr. Assistant City Attorney
Schedule of Fees & Charges:

PARTNERS $435.00/HOUR
SENIOR COUNSEL $365.00/HOUR
ASSOCIATES $260.00 - $345.00/HOUR
LABOR RELATIONS/ $280.00/HOUR

HUMAN RESOURCES

CONSULTANT
CLASSIFICATION & $200.00/HOUR

COMPENSATION CONSULTANT
PARALEGALS $145.00/HOUR
E-DISCOVERY SPECIALISTS $145.00/HOUR
LAW CLERKS $145.00 - $185.00/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 Three Hundred Thousand Dollars ($300,000) for attorneys fees and reimbursements. 37 Exhibit B
10 DocID #27098v1

BILLING PROTOCOLS/GUIDELINES
The City of Richmond
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). 38 Exhibit B
11 DocID #27098v1
II. BILLING GUIDELINES
a.
specific and detailed. Overly generalized listings of task descriptions such as 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 ies 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, 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.
39 Exhibit B
12 DocID #27098v1
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 billing practices.
l.
to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. less 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.
40 Exhibit B
13 DocID #27098v1
c.

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.
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 S 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
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. 41 Exhibit C
14 DocID #27098v1

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.
42 Exhibit C
15 DocID #27098v1
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. 43 Exhibit D
16 DocID #27098v1
California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.
evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and
damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 44 Exhibit D
17 DocID #27098v1
5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and 45 Exhibit E
18 DocID #27098v1

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

Such copies shall be provided in electronic format compatible with software in the City e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City e fair and open with the money
spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
46 Exhibit F
19 DocID #27098v1

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 "Sanctuary City Contracting Ordinance" or Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Contractor understands the meaning of the following terms used in the SCCO:
a. "Data means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
47 Exhibit F
20 DocID #27098v1
Vendor SCCO Compliance Statement (July2024)
48 Exhibit G
21 DocID #27098v1
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 fo 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. Liability coverage.

5. e.

6. profession (if required.)
Required Coverage Minimum Limits
Statutory limits as required by the State of California including $1 million 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 http://www.ci.richmond.ca.us/index.aspx?nid=61.
49 Exhibit G
22 DocID #27098v1
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.
50 Exhibit G
23 DocID #27098v1
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 t 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 he 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 un
51 Exhibit G
24 DocID #27098v1
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 claimsmade 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 f
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.

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

Page 1 of 2 ends

September 15, 2026
City Attorney's Office
DATE: September 15, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Kimberly Chin, Interim Chief Assistant City Attorney
Subject: Legal Services Agreement Amendment No. 2 with
McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP for
Litigation Matters
FINANCIAL IMPACT: The proposed $250,000 increase to the legal services agreement is included within the approved Fiscal Year
2026-2027 Risk Management General Liability Fund
budget (Account String: 50182316-400554). As services
are billed at an hourly rate, the total cost may be lower than the not-to-exceed amount.

PREVIOUS COUNCIL
ACTION:

March 19, 2024

STATEMENT OF THE
ISSUE:

A second amendment to the legal services agreement
with McNamara, Ambacher, Wheeler, Hirsig & Gray LLP
is needed to provide additional funding and ensure the
City has appropriate legal representation for pending and future police tort litigation matters.

RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with McNamara, Ambacher, Wheeler, Hirsig &
Gray LLP for pending and future police tort litigation
matters, increasing the payment limit by $250,000, for a total amount not to exceed $350,000, and extending the
term through December 31, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-
6509).

AGENDA
REPORT
53

Page 2 of 2 ends

September 15, 2026
DISCUSSION:

McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP (McNamara) currently represents the City in several police tort lawsuits. They specialize in civil litigation, with expertise in civil litigation defense, and have been providing services to the City since 2021. This includes public entity defense in the areas of police and civil rights, general tort defense, and personal injury. As the City Attorney’s Office works to review and reduce outside counsel costs, it is appropriate to continue to work with this firm. McNamara has had good success and is in the middle of working on other matters. It would be inefficient in time and uneconomical to switch firms at this point.

Due to an administrative error, the original legal services agreement with McNamara was approved by City Council on March 19, 2024, with an after-the-fact form approving a retroactive start date of July 1, 2023, through June 25, 2025, with a total not to exceed amount of $100,000. The first amendment to extend time was entered into on April 10, 2025, extending the term through December 31, 2026.

City staff recommend that the City Council approve a second amendment to the legal services agreement with McNamara, Ambacher, Wheeler, Hirsig & Gray LLP for pending and future police tort litigation matters, increasing the payment limit by $250,000, for a total amount not to exceed $350,000, and extending the term through December 31, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment 2 to LSA with McNamara (proposed) Attachment 2 – Amendment 1 to LSA with McNamara
Attachment 3 –Original LSA with McNamara
54 McNamara--Second Amendment to LSA
DocID #77064v3
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP (“Special Counsel”) (the "Second Amendment") is entered into as of SEPTEMBER 15, 2026, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and Cityrelated entities on July 1, 2023 for an amount not to exceed $100,000 and term ending June 30, 2025; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on April 10, 2025, to extend the term to December 31, 2026; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation and extend the time; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $250,000 and extend the term to December 31, 2027; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Second Amendment.

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

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
55 McNamara--Second Amendment to LSA
DocID #77064v3
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

CITY OF RICHMOND MCNAMARA, AMABACHER,

WHEELER, HIRSIG & GRAY LLP
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
56 McNamara--Second Amendment to LSA
DocID #77064v3
A-3
Attachment 1

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

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

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office are:

Shannon Moore, Interim City Attorney
Kimberly Chin, Interim Chief Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $265/hour
ASSOCIATE(S) $235/hour
PARALEGAL(S) $110/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 THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) for attorneys’ fees and reimbursements. 57 McNamara – First Amendment to LSA
DocID #40727v3
A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP (“Special Counsel”) (the "First Amendment") is entered into as of April 10, 2025, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) dated July 1, 2023, for representation of the City and City-related entities for an amount not to exceed $100,000 and term ending June 30, 2025; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and extend the term to December 31, 2026; and WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this First Amendment.

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

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument. [Signatures on following page]
Docusign Envelope ID: 67E66A26-3C28-415B-9D51-A55188D81E38 Docusign Envelope ID: FC4192A3-EECD-4FB2-9840-FFE9E1E09BA8 58 McNamara – First Amendment to LSA
DocID #40727v3
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.

CITY OF RICHMOND MCNAMARA, AMBACHER, WHEELER,

HIRSIG & GRAY LLP
________________________ By __________________________
City Manager
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
Docusign Envelope ID: 67E66A26-3C28-415B-9D51-A55188D81E38 Partner
Docusign Envelope ID: FC4192A3-EECD-4FB2-9840-FFE9E1E09BA8 59 McNamara – First Amendment to LSA
DocID #40727v3
A-3
Attachment 1

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

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

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

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

Hourly Rates
PARTNER(S) $265/hour
ASSOCIATE(S) $235/hour
PARALEGAL(S) $110/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 ONE HUNDRED THOUSAND Dollars ($100,000) for attorneys’ fees and reimbursements.

Docusign Envelope ID: 67E66A26-3C28-415B-9D51-A55188D81E38 Docusign Envelope ID: FC4192A3-EECD-4FB2-9840-FFE9E1E09BA8 60 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 61 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 62 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 63 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 64 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 65 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 66 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 67 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 Eduardo Martinez
68 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 69 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 70 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 71 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 72 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 73 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 74 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 75 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 76 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 77 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 78 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 79 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 80 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 81 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 82 DocuSign Envelope ID: 78453041-1314-47EC-A717-76BC8425B0C9 83

Page 1 of 2 ends

September 15, 2026
City Attorney's Office
Human Resources
DATE: September 15, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Sharrone Taylor, Director of Human Resources
Subject: Legal Services Agreement Amendment No. 1 with
Oppenheimer Investigations Group, LLP for Confidential
Personnel Investigations
FINANCIAL IMPACT: The proposed $300,000 increase to the legal services agreement is included within the approved Fiscal Year
2026–2027 Human Resources and Risk Management
budgets (Account Strings: 01181016-400206;
50182316-400206). As the services are billed at an
hourly rate, the total cost may be lower than the
not-to-exceed amount.

PREVIOUS COUNCIL
ACTION:

October 22, 2024

STATEMENT OF THE
ISSUE:

The City Council’s approval is needed to approve an
amendment adding funds to the legal services agreement
for employment attorneys to conduct confidential
personnel investigations, for pending and future
personnel matters.

RECOMMENDED ACTION: APPROVE a first amendment to the legal services agreement with Oppenheimer Investigations Group LLP
for confidential personnel investigations, increasing the payment limit by $300,000, for a total amount not to
exceed $600,000, and extend the term through
September 30, 2029 – City Attorney’s Office/Human
Resources Department (Sharrone Taylor 510-620-6803/
Shannon Moore 510-620-6509)
AGENDA
REPORT
84

Page 2 of 2 ends

September 15, 2026
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 Oppenheimer Investigations Group LLP (OIG).

The City Attorney’s Office and Human Resources Department executed a legal services agreement with OIG in October 2024 for $300,000 with a term end date of September 30, 2027. Since then, OIG has handled confidential investigations for the City, which are ongoing. The City now seeks a first amendment to increase the payment limit and extend the term.

The City Attorney's Office and the Human Resources Department are requesting approval of a first amendment to the legal services agreement with OIG to increase the payment limit by $300,000 for a total not to exceed amount of $600,000, and a term extension to September 30, 2029.

DOCUMENTS ATTACHED:

Attachment 1 – Original Legal Services Agreement (LSA) with OIG Attachment 2 – First Amendment to the LSA with OIG
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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

OPPENHEIMER INVESTIGATIONS GROUP LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 22nd day of October, 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 OPPENHEIMER INVESTIGATIONS GROUP LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 1442A Walnut Street, Berkeley, CA 94709. 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 to time under the terms and conditions of this Agreement.

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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 agreed by and between the Parties that the City Attorney or their designee shall approve the Special Counsel assigned attorney(s) prior to the commencement of an assigned investigation.

5. PUBLIC FUNDING.

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

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

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].

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8. PROJECT PLAN AND BUDGET AND RESERVES.

9. BILLING.

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.

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12. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

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.

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

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 Docusign Envelope ID: 1AA462B2-3AB4-42B1-A470-2EA061585A00 Docusign Envelope ID: D282EE2E-FC55-4699-9B77-87459FEA9215 89 5
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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.

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

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.

23. LICENSE REQUIREMENTS.

24. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

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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.

OPPENHEIMER INVESTIMENTS

GROUP LLP
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
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Docusign Envelope ID: D282EE2E-FC55-4699-9B77-87459FEA9215 Eduardo Martinez
92 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
See Attachment 1-A

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

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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.

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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.

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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.

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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.

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

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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.

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

Contractorfurther understands and agreesthatContractor'sfailure to complywith the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractorfrombidding on future contractswith the City for five
(5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceasesto comply, Contractor will promptly notify the City Managerin writing. Any person or entity who knowingly or willingly suppliesfalse 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 under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
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Oppenheimer Investigations
Group
10/30/2024
Managing Partner
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Exhibit D
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City of Richmond -
Insurance Requirements - Type 2:

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 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.

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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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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.

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.

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.

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

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.

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

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.

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions Docusign Envelope ID: 1AA462B2-3AB4-42B1-A470-2EA061585A00 Docusign Envelope ID: D282EE2E-FC55-4699-9B77-87459FEA9215 104
Exhibit D
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herein may be consistent with public policy and thus enforceable Docusign Envelope ID: 1AA462B2-3AB4-42B1-A470-2EA061585A00 Docusign Envelope ID: D282EE2E-FC55-4699-9B77-87459FEA9215 105
2024 Rates
A+orney Non-Profit Rate
Amy Oppenheimer, Partner
Vida Thomas, Managing Partner
$545/hour
Tina Ro-Connolly, Partner
Zaneta Seidel, Partner
Alezah Trigueros, Partner
Danielle Drossel, Partner
Tracey Merwise, Senior AForney
Ilona Turner, Senior AForney
Jack Morse, Senior AForney
$445/hour
Supervision/SubstanLve Edit $445/hour
Rachel Reddick, AForney
Madeline Buitelaar, AForney
Gorev Ahuja, AForney
Rachael Melford, AForney
Erik Roper, AForney
Alisha Meyer, AForney
Sandy Fu, Of Counsel
Renee Jansen, Of Counsel
$395/hour
Maria Walker, AForney
JeaneFe Boykins, AForney
Neil BauLsta, AForney
Sean Lee, AForney
Jacquelynn Kwong, AForney
$345/hour
Writers/Editors
Jacob, Cindy, Zack, GarreF
$195/hour
Interns $125/hour
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OIG--First Amend to LSA
A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

OPPENHEIMER INVESTIGATIONS GROUP LLP
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and OPPENHEIMER INVESTIGATIONS GROUP LLP (“Special Counsel”) (the "First Amendment") is entered into as of September 15, 2026, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and Cityrelated entities on October 22, 2024, for an amount not to exceed $300,000 and term ending September 30, 2027; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation and extend the time; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $300,000 and extend the term to September 30, 2029; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this First Amendment.

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

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument. 107
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A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.

CITY OF RICHMOND OPPENHEIMER INVESTIGATIONS

GROUP LLP
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
108
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A-3
Attachment 1

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

Special Counsel shall conduct confidential personnel investigations.

Special Counsel’s point of contact in the City of Richmond City Attorney’s office is:

Shannon Moore, Interim City Attorney
Schedule of Fees & Charges:

Hourly Rates:

See Attachment 1-A.

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 SIX HUNDRED THOUSAND DOLLARS ($600,000) for attorneys’ fees and reimbursements. 109
2026 Rates
Name and Role Rate
Amy Oppenheimer, Partner
Vida Thomas, Managing Partner
$600/hour
Tina Ro-Connolly, Partner
Zaneta Seidel, Partner
Alezah Trigueros, Partner
Danielle Drossel, Partner
Ilona Turner, Partner
$530/hour
Tracey Merwise, Partner
Jack Morse, Partner
Renee Jansen, Of Counsel
$480/hour
Supervision or SubstanPve Review $480/hour
Rachel Reddick, AQorney
Madeline Buitelaar, AQorney
Gorev Ahuja, AQorney
Erik Roper, AQorney
Rachael Melford, AQorney
Alisha Meyer, AQorney
Sean Znachko, AQorney
Lauren Numeroff, AQorney
AdiP Sehgal Shah, AQorney
$430/hour
Maria Walker, AQorney
GarreQ Smith, AQorney
Neil BauPsta, AQorney
$380/hour
Paralegal and Writers/Editors
Jean, Jacob, Zack,
GarreQ (when funcPoning as a writer)
$220/hour
Legal Interns $150/hour
Attachment 1-A
110

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September 15, 2026
City Attorney's Office
Human Resources
DATE: September 15, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Sharrone Taylor, Director of Human Resources
Subject: Legal Services Agreement Amendment No. 1 with Chiari Law for Confidential Personnel Investigations
FINANCIAL IMPACT: The proposed $40,000 increase to the legal services agreement is included within the approved Fiscal Year
2026-2027 Human Resources and Risk Management
budgets (Account String: 01181016-400206;
50182316-400206). As the services are billed at an
hourly rate, the total cost may be lower than the
not-to-exceed amount.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

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

RECOMMENDED ACTION: APPROVE a first amendment to the legal services agreement with Chiari Law, PC, to conduct confidential
personnel investigations, increasing the payment limit by $40,000, for a total amount not to exceed $49,999, with a term expiration of June 30, 2027 – City Attorney’s
Office/Human Resources Department (Sharrone Taylor
510-620-6803/Shannon Moore 510-620-6509).

AGENDA
REPORT
111

Page 2 of 2 ends

September 15, 2026
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 executed a legal services agreement with Chiari Law, PC in August 2026 to initiate a workplace investigation.

Chiari Law, PC is a boutique law firm that specializes in independent workplace investigations for public and private sector clients. Attorney Investigator Stephen Chiari has previously conducted investigations for the City and has proven satisfactory in their service.

The hourly rates are:
 Stephen Chiari: $385/hour
 Other Attorneys: $200-$315/hour
 Paralegals: $165/hour
The City Attorney's Office and the Human Resources Department are requesting approval of a first amendment to the legal services agreement with Chiari Law, PC to increase the payment limit by $40,000 for total not to exceed amount of $49,999, with a term end date of June 30, 2027.

DOCUMENTS ATTACHED:

Attachment 1 – Original Legal Services Agreement (LSA) with Chiari Law, PC Attachment 2 – First Amendment to the LSA with Chiari Law, PC 112
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LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

CHIARI LAW, PC

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 3rd of AUGUST, 2026 (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 CHIARI LAW, PC, comprised of attorneys licensed to practice law in the State of California and/or private investigators licensed by the State of California (“Special Counsel”) with its principal place of business located 1095 SHOAL DRIVE, SAN MATEO, CA 94404. 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 and/or the Director of Human Resources 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 Docusign Envelope ID: BB68ADF2-43AD-8E9B-82A9-2B9EE32FEFB4 113
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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 June 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 STEPHEN CHIARI. It is agreed by and between the Parties that should it be desirable for any attorney other than STEPHEN CHIARI 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.

6. PAYMENT FOR SERVICE.

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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.

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.

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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.

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.

14. NON-DISCRIMINATION.

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

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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:

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.

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18. AMENDMENTS.

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.

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24. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT.

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XXXXXXX MAYOR
E. Martinez
120
Exhibit A
9 DocID #77162v2

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, Interim City Attorney
Dallae Chin, Senior Assistant City Attorney
Schedule of Fees & Charges:

Hourly Rates
STEPHEN CHIARI $385/hour
OTHER ATTORNEYS $200-$315/hour
PARALEGALS $165/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 NINE THOUSAND NINE HUNDRED AND NINETY-NINE DOLLARS ($9,999) for attorneys’ fees and reimbursements.

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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.

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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.

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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.

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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.

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

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 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.

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.

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