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HomeMy WebLinkAboutResolutions - No. 2021-328RESOLUTION NO. 2021-328 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY ATTORNEY TO EXECUTE A CONTRACT WITH BEST BEST & KRIEGER, LLP, OF LOS ANGELES, FOR SERVICES RELATED TO RECORD PROCESSING IN RESPONSE TO SUBPOENAS AND CALIFORNIA PUBLIC RECORDS ACT REQUESTS WHEREAS, the California Public Records Act (CA. Gov't Code §§6250 et seq., "CPRA") allows members of the public to request records from public agencies and the agency must respond within 10 days and then provide all records within its possession unless specific exemptions apply; and WHEREAS, in recent years, the California legislature has expanded accessibility to records and the types of documents (e.g. police body camera footage) that are available through CPRA and subpoena requests. Therefore, the volume of documents and records that must be reviewed to prepare a CPRA compliant response has greatly expanded, and the amount of City staff time and resources spent on these activities have substantially increased. For instance, the Police Department Records staff typically spent about 10 hours per week on review and redaction of requested records, but recent requests for a large volume of records and body camera footage staff time has exceed 40 hours per request; and WHEREAS, additionally, the City Attorney's office time to review the records prior to disclosure has increased from approximately 5 hours per week to over 20 hours per week for larger requests. As a result, City staff time and resources are becoming stretched thin and the City Attorney's office has been looking for consultant services that can assist the City in meeting CPRA and subpoena response requirements; and WHEREAS, the law firm Best, Best & Krieger ("BBK") has developed a specialized department, called the Advanced Records Center, to assist public agencies by providing legal services related to processing CPRA and other record requests. By contracting with the firm, the City can pay an hourly rate for BBK's specialized staff members to assist City staff with review of requests and drafting responses, use their specialized software to narrow record searches of electronic documents, as well as perform review and redaction of confidential materials, including police body camera footage, prior to disclosure. By retaining BBK for these specialized services, staff in the City Attorney's office and Police Department Records will be available to handle other assignments; and WHEREAS, BBK's services also offer review of the City's records policies and training for staff on response requirements on an as -needed basis. Under the contract, the City may utilize BBK's services and specialized software in an a la carte format, based on the City's current needs. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Attorney to execute the contract with Best Best & Krieger LLP, of Los Angeles, California, for services related to record processing for subpoena and California Public Records Act requests, in an amount not to exceed $100,000, as set forth above. Dated: December 1, 2021 hereby certify that Resolution No. 2021-328 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 1, 2021 by the following votes: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIF CUSMIR City Clerk 2021-328