Loading...
HomeMy WebLinkAboutAgenda Report - December 1, 2021 C-18AGENDA ITEM CIM/F CITY OF LODI ip COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing 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 (Not to Exceed $100,000) MEETING DATE: PREPARED BY: December 1, 2021 City Attorney RECOMMENDED ACTION: Adopt Resolution authorizing 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 in an amount not to exceed $100,000. BACKGROUND INFORMATION: 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. 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. 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. 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. 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 proposed contract the City may utilize BBK's services and specialized software in an a la carte format based on the City's current needs. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Adopt Resolution Authorizing 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 (Not to Exceed $100,000) December 1, 2021 Page 2 of 2 Therefore, staff recommends that the City Council adopt a resolution authorizing the City Attorney to execute a contract with Best Best & Krieger LLP for services related to record processing for subpoena and California Public Records Act requests. FISCAL IMPACT: BBK charges a blended rate of $230 per hour for its review services and a direct pass through of redaction costs by its redaction contractor. We anticipate a cost not to exceed $100,000 for the remaining 2021-2022 fiscal year. FUNDING AVAILABLE- There is funding available to cover the anticipated cost through vacancies in both the City Attorney's Office and the Police Department. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director J�ce D &Aagdich CityA.torney Signature: 000' ,� ?.kw Email: akeys@lodi.gov Signature: Email: sschwabauer@lodi.gov EXHIBIT A VIA ELECTRONIC MAIL Janice Magdich City Attorney City of Lodi 221 West Pine Street Lodi, California 95240 Email: jmagdich@lodi.gov Re: Engagement Letter for Advanced Records Center Dear Ms. Magdich: Best Best & Krieger LLP ("BB&K") would be honored to represent the City of Lodi ("City"). Our work will include legal services related to processing requests for public records, Pursuant to the California Public Records Act ("PRA"). BB&K is uniquely positioned to help the City with this scope of work. Not only has the firm been conducting business for 128 years, it has consistently provided clients with impeccable public records processing services and legal advice. Through the new Advanced Records Center ("ARC"), BB&K combines its legal acumen and experience with cutting-edge technology to provide comprehensive and cost-effective support for records -related matters. Additionally, ARC has been instrumental in assisting the police departments in responding to the guidelines for the release of police personnel records resulting from Senate Bill 1421. We look forward to bringing this knowledge and expertise to the City. Specifically, through this Engagement Letter, BB&K will do the following: PRA Processin - Support the City in processing public records by: • supporting the City Clerk's office by conducting a legal review of requests, crafting responses to requesters, and assisting staff in assessing whether exemptions apply; ■ assisting the City Clerk's office on specific PRA requests, as needed; • creating templates and procedures, as assigned; • using processing and review software to efficiently treat and handle paper and electronic responsive records; and reviewing and redacting records, records for significance. 09967 00000\34497902 1 uncovering complex legal questions, and analyzing Indian Wells Riverside (760)568-2611 (951)686-1450 BEST BEST & KMEGER 3 Irvine Sacramento (949) 263-2600 ATTORNEYS A T LAW (916) 325-4000 Manhattan Beach San Diego (310)643-8448 (619)525-1300 Ontario 300 South Grand Avenue, 25th Floor, Los Angeles, CA 90071 Walnut Creek (909) 989-8584 Phone: (213) 617-8100 1 Fax: (213) 617-7480 1 www.bbklaw.com (925) 977-3300 Washington, DC Christine N. Wood (202)785-0600 (213)542-3861 Christine.VVood@bbklaw.com October 28, 2021 VIA ELECTRONIC MAIL Janice Magdich City Attorney City of Lodi 221 West Pine Street Lodi, California 95240 Email: jmagdich@lodi.gov Re: Engagement Letter for Advanced Records Center Dear Ms. Magdich: Best Best & Krieger LLP ("BB&K") would be honored to represent the City of Lodi ("City"). Our work will include legal services related to processing requests for public records, Pursuant to the California Public Records Act ("PRA"). BB&K is uniquely positioned to help the City with this scope of work. Not only has the firm been conducting business for 128 years, it has consistently provided clients with impeccable public records processing services and legal advice. Through the new Advanced Records Center ("ARC"), BB&K combines its legal acumen and experience with cutting-edge technology to provide comprehensive and cost-effective support for records -related matters. Additionally, ARC has been instrumental in assisting the police departments in responding to the guidelines for the release of police personnel records resulting from Senate Bill 1421. We look forward to bringing this knowledge and expertise to the City. Specifically, through this Engagement Letter, BB&K will do the following: PRA Processin - Support the City in processing public records by: • supporting the City Clerk's office by conducting a legal review of requests, crafting responses to requesters, and assisting staff in assessing whether exemptions apply; ■ assisting the City Clerk's office on specific PRA requests, as needed; • creating templates and procedures, as assigned; • using processing and review software to efficiently treat and handle paper and electronic responsive records; and reviewing and redacting records, records for significance. 09967 00000\34497902 1 uncovering complex legal questions, and analyzing BEST BEST & JAS EGER 3 ATTORNEYS AT LAW October 28, 2021 Page 2 Foli"- BraftiriLy. Assist the City in updating PRA and other records -related policies to reflect industry standards and best practices: Tr-ainin . Provide the training for City staff and officials, including training on the PRA, electronic records, e -Discovery, and social media. With the exception of Trainin, all of the tasks identified above will be billed at $230 per hour, a blended rate for attorneys, paralegals, municipal analysts, and litigation analysts. The Ti-ninin provided by ARC staff would be provided at a flat rate of $800 plus expenses. Please refer to the attached BB&K Billing Guidelines for additional terms related to services and expenses beyond these fees for professional legal services. CONFIDENTIALITY AND ABSENCE OF CONFLICTS An attorney-client relationship requires mutual trust between the client and the attorney. It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney-client privilege. To also assure mutuality of trust, we have maintained a conflict of interest index. The California Rules of Professional Conduct defines whether a past or present relationship with any party prevents us from representing your firm. Similarly, your firm's name will be included in our list of clients to ensure we comply with the Rules of Professional Conduct with respect to your firm. We have checked the following names against our client index: City of Lodi. Based on that check, we can represent you as described above. Please review the list to see if any other persons or entities should be included. We request that you update this list for us if there are any changes in the further. We request that you update this list for us if there are any changes in the future. INSURANCE We understand that you are not now insured or have any insurance that may cover potential liability or attorneys' fees in this case. If you think you may have such insurance, please notify me immediately. We are also pleased to let you know that Best Best & Krieger LLP carries errors and omissions insurance with Lloyd's of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California. 09967.00000\34497902.1 October 28, 2021 Page 3 BEST BEST & KRxEGIEaR ATTORNEYS AT LAW NEW MATTERS When we are engaged by a new client on a particular matter, we are often later asked to work on additional matters. You should know that such new matters will be the subject of a new signed supplement to this agreement. Similarly, this agreement does not cover and is not a commitment by either of us that we will undertake any appeals or collection procedures. Any such fixture work would also have to be agreed upon in a signed supplement. CIVILITY IN LITIGATION In litigation, courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines. hl our experience, the reciprocal extension of such courtesies saves our clients' time and money. By signing this letter you will be confirming your approval of this practice in your case. HOW THIS AGREEMENT MAY BE TERMINA You, of course, have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you upon written notice, order of the court, or in accordance with our attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent you for ethical or practical concerns. CLIENT FILE If you do not request the return of your file, we will retain your file for five years. After five years, we may have your file destroyed. .If you would like your file maintained for more than five years or returned, you must make separate arrangements with us. THANK YOU On a personal note, we are pleased that you have selected Best Best & Krieger LLP to represent you. We look forward to a long and valued relationship with you and appreciate your confidence in selecting us to represent you in this case. If you have any questions at any time about our services or billings, please do not hesitate to call me. 09967 00000134497902 1 BEST BEST & Kmmua 3 ATTORNEYS AT LAW October 28, 2021 Page 4 As set forth, the present letter constitutes an agreement and sets the terms of representation. If the present correspondence meets the City's approval, please sign, date, and return the fully executed agreement. An emailed pdf version will suffice. Very truly yours, M04� Christine N. Wood of BEST BEST & KRIEGER LLP AGREED AND ACCEPTED BY: Signature: Name: Janice D. Ma dick Title: City Attorney Dated: 09967.00000\34497902.1 BEST BEST & KRIEGER LLP'S BILLING POLICIES Our century of experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounts Receivable Department. Any specific billing arrangements different from those set forth below will be confinned in a separate written agreement between the client and the firm. Fees for Professional Services Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client's behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client. Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf. All legal services are billed in one-tenth of an hour (0.10/hour) or six -minute increments. Our attorneys are currently billed at rates fi•om $210 to $750 per hour, and out- administrative uradministrative assistants, law clerks, litigation analysts, municipal analysts, research analysts, and paralegals are billed at rates from $150 to $290 per hour. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice. Non-Attomey Personnel: BB&K may employ the services of non -attorney personnel under the supervision of a BB&K attorney in order to perform services called for in the legal services agreement. The most common non-attomey personnel utilized are paralegals. Other types of non -attorney personnel include, but are not limited to, case clerks, IT analysts, and specialty consultants. The client agrees that BB&K may use such non -attorney personnel to perform its services when it is 09967-00000\34497902 1 EXHIBIT B reasonably necessary in the judgment of the responsible BB&K attorney. Hourly fees for non -attorney personnel will be charged at the rate then in effect for such personnel. A copy of BB&K's current rates and titles for non -attorney personnel will be provided upon request. Except for paralegals, BB&K will not incur more than $550 in fees for a non -attorney's work on a client matter without first confirming by email or written correspondence with the client the intended use of the non -attorney and the hourly rate for that person. Fees For Olhcr Servicts, Costs and Expenses We attempt to serve all our clients with the most effective support systems available. Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients, These charges include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court -related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates. ESI: BB&K provides Electronically Stored Information (ESI") set -vices for matters requiring ESI support — typically litigation or threatened litigation matters. BB&K shall receive payment for ESI support, if needed, at BB&K's then current rates. A copy of BB&IC's current rates for such services will be provided upon request. BB&K shall not incur costs for ESI support on a particular matter without first confirming by email or written correspondence with the client that the client agrees such services are necessary for the matter at hand. We may need to advance costs and incur expenses on your behalf on an ongoing basis. These items are separate and apart from attorneys' fees and, as they are out-of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client fiom time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due. Advance Dc osit Towurd Fecs Arid Costs Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case- by-case basis discussed first with the client, and is specified in our engagement letter. Upon receipt, the advance deposit will be deposited into the firm's client trust account. Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney's fees (unless otherwise noted in our accompanying engagement letter). At the end of engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits. By signing the initial engagement letter, each client is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in resolving your matter before the amounts deposited are used, any balance will be promptly refunded. Monthly Invoices Incl 1'ayinelit Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt. Each monthly invoice reflects both professional and other fees for set -vices rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter. Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account. If a bill is not paid within 30 days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid. -2- 09967.00000\34497902 1 It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We reserve the tight to terminate our engagement and withdraw as attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14 -day period. This same policy applies to fee arrangements which require the client to repletush fee deposits or make deposits for anticipated costs. From time to time clients have questions about the format of the bill or description of work performed. If you have any such questions, please ask them when you receive tine bill so we may address them on a current basis. ChrmVs in Fee Arrange rents and BLICI ,ets It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment to the firm's trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing. Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees. BEST BEST & KRIEGER LLP U 9LrF0F`tx EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract 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, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp olect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity_.of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (1) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Quallfied Insurerfs] All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages I Risk: rev. 3/1/2018 RESOLUTION 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