CONTRACT 6503 Professional Services Agreement CLOSEDAgreement No. 6503
Agreement No. [City Clerk assigns]_
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
` THE CITY OF EL SEGUNDO AND
OPPENHEIMER INVESTIGATIONS GROUP LLP
This AGREEMENT is made and entered into this 3rd day of October 2022, by and
between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and OPPENHEIMER INVESTIGATIONS GROUP, a California Limited Liability
Partnership ("CONSULTANT"). The parties agree as follows:
1. CONSIDERATION,
A. As partial consideration, CONSULTANT agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not
to exceed Twenty -Five Thousand dollars ($25,000) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless
otherwise specified by written amendment to this Agreement, CITY will
pay this sum as specified in the attached Exhibit "A," which is incorporated
by reference.
2. SCOPE OF SERVICES,
A. CONSULTANT will perform services listed in the attached Exhibit "A,"
which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing, vehicles, transportation, office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONSULTANT by this
Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at
the time of performance utilized by persons engaged in providing similar services. CITY
will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of
any deficiencies and CONSULTANT will have fifteen (15) days after such notification to
City of El Segundo Professional Services (REV 2018.05)
Page 1 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
cure any shortcomings to CITY's satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit "A") the tasks performed, the percentage of the task completed during the billing
period, the cumulative percentage completed for each task, the total cost of that work
during the preceding billing month and a cumulative cash flow curve showing projected
and actual expenditures versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT
for current services are within the current budget and within an available, unexhausted
and unencumbered appropriation of the CITY. In the event the CITY has not
appropriated sufficient funds for payment of CONSULTANT services beyond the current
fiscal year, this Agreement will cover only those costs incurred up to the conclusion of
the current fiscal year.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
Carefully considered how the services should be performed; and
Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONSULTANT discover any latent or
unknown conditions that may materially affect the performance of the
services, CONSULTANT will immediately inform CITY of such fact and will
not proceed except at CONSULTANT's own risk until written instructions
are received from CITY.
7. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a
public official subject to the Political Reform Act of 1974 for purposes of this Agreement.
CONSUL TANT agrees and warrants that it has no financial interests which may be
materially affected by the project for which the Initial Study, as specified in the scope of
services, is being prepared. Such financial interests may include, without limitation,
interests in business entities, real property, or sources of income exceeding $500
City of El Segundo Professional Services (REV 2018.05)
Page 2 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
received within the past year. CONSUL TANT further warrants that, before executing
this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political
Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of
the California Code of Regulations, Section 18700, et seq., in order to determine
whether any conflict of interest would require CONSUL TANT to refrain from performing
the professional services contemplated herein or in any way attempting to use its official
position to influence the governmental decisions underlying the subject environmental
clearances.
8. TERM. The term of this Agreement will be from October 3, 2022, to June 30, 2023.
Unless otherwise determined by written amendment between the parties, this
Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 15.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under
Section 22 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at
CONSULTANT's own risk.
10.TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the
contracted services. If delay occurs, CONSULTANT must notify the Manager within
forty-eight (48) hours, in writing, of the cause and the extent of the delay and how such
delay interferes with the Agreement's schedule. The Manager will extend the
completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the
main body of this Agreement takes precedence over the attached Exhibits; this
Agreement supersedes any conflicting provisions. Any inconsistency between the
Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit: A: Scope of Work.
City of El Segundo Professional Services (REV 2018.05)
Page 3of12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
12. CHANGES. CITY may order changes in the services within the general scope of
this Agreement, consisting of additions, deletions, or other revisions, and the contract
sum and the contract time will be adjusted accordingly. All such changes must be
authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY
resulting from changes in the services will be determined in accordance with written
agreement between the parties.
13.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required in connection with the performance of services under
this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared
by CONSULTANT under this Agreement will not be construed to operate as a waiver of
any rights CITY may have under this Agreement or of any cause of action arising from
CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant,
or condition contained in this Agreement will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition contained in
this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's
mutual consent. Notice will be in writing at least thirty (30) days before the
effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately
cease performance under this Agreement unless otherwise provided in the
termination notice. Except as otherwise provided in the termination notice,
any additional work performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT's own cost; CITY
will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
satisfactorily completed up to the effective date of notice of termination,
not to exceed the total costs under Section 1(C).
City of El Segundo Professional Services (REV 2018.05)
Page 4 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
17.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs, and reports prepared by CONSULTANT under this Agreement
are CITY's property. CONSULTANT may retain copies of said documents and
materials as desired but will deliver all original materials to CITY upon CITY's written
notice. CITY agrees that use of CONSULTANT's completed work product, for purposes
other than identified in this Agreement, or use of incomplete work product, is at CITY's
own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
work, prepared pursuant to this Agreement, will be released by CONSULTANT to any
other person or public CITY without CITY's prior written approval. All press releases,
including graphic display information to be published in newspapers or magazines, will
be approved and distributed solely by CITY, unless otherwise provided by written
agreement between the parties.
19.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
. Indemnification for Professional Services. CONSULTANT and
CITY will mutually save harmless and indemnify and at
CONSULTANT's or CITY's request reimburse defense costs for
CONSULTANT or CITY and all officers, volunteers, employees
and representatives from and against any and all suits,
actions, or claims, of any character whatever, brought for, or
on account of, any injuries or damages sustained by any
person or property resulting or arising from any negligent or
wrongful act, error or omission by CONSULTANT or CITY or
any of CONSULTANT's or CITY's officers, agents, employees,
or representatives, in the performance of this Agreement,
except for such loss or damage arising from CONSULTANT's
or CITY's sole negligence or willful misconduct.
ii.. Indemnification for other Damages. CONSULTANT and CITY
indemnifies and holds each other harmless from and against
any claim, action, damages, costs (including, without
limitation, attorney's fees), injuries, or liability, arising out of
City of El Segundo Professional Services (REV 2018.05)
Page 5 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
this Agreement, or its performance, except for such loss or
damage arising from CONSULTANT's or CITY's sole
negligence or willful misconduct. Should CONSULTANT or
CITY be named in any suit, or should any claim be brought
against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its
performance, CONSULTANT or CITY will defend each other (at
CONSULTANT's or CITY's request and with mutually agreed
counsel) and will indemnify each other for any judgment
rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 22, and any
approval of said insurance by CITY, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by
CONSULTANT pursuant to this Agreement, including, without limitation, to
the provisions concerning indemnification.
20.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
21.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work
and the manner in which it is performed. CONSULTANT will be free to contract for
similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus, or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control
over the work means that CONSULTANT will follow the direction of the CITY as to end
results of the work only.
22.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. CONSULTANT will retain such financial and program
City of El Segundo Professional Services (REV 2018.05)
Page 6 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
service records for at least three (3) years after termination or final payment under this
Agreement.
23.INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and
maintain the following types of insurance with coverage limits complying,
at a minimum, with the limits set forth below:
Commercial general liability
Professional Liability
Business automobile liability
Workers compensation
Limits
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the
requirements of the most recent ISO-CGL Form. The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies will be endorsed to name CITY, its officials,
and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by CITY will be excess thereto. Such
endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance will be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such
coverage is available, or on a "claims made" basis if not available. When
coverage is provided on a "claims made basis," CONSULTANT will
continue to renew the insurance for a period of three (3) years after this
Agreement expires or is terminated. Such insurance will have the same
coverage and limits as the policy that was in effect during the term of this
Agreement and will cover CONSULTANT for all claims made by CITY
arising out of any errors or omissions of CONSULTANT, or its officers,
employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
City of El Segundo Professional Services (REV 2018.05)
Page 7 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
E. CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement and such other evidence of insurance or copies of policies as
may be reasonably required by CITY from time to time. Insurance must
be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from
payments due to CONSULTANT under this Agreement or terminate
pursuant to Section 165.
G. Self -Insured Retention/Deductibles. All policies required by this
Agreement must allow CITY, as additional insured, to satisfy the self -
insured retention ("SIR") and deductible of the policy in lieu of
CONSULTANT (as the named insured) should CONSULTANT fail to pay
the SIR or deductible requirements. The amount of the SIR of deductible
is subject to the approval of the City Attorney and the Chief Financial
Officer. CONSULTANT understands and agrees that satisfaction of this
requirement is an express condition precedent to the effectiveness of this
Agreement. Failure by CONSULTANT as primary insured to pay its SIR or
deductible constitutes a material breach of this Agreement. Should CITY
pay the SIR or deductible on CITY's behalf upon the CONSULTANT's
failure or refusal to do so in order to secure defense and indemnification
as an additional insured under the policy, CITY may include such amounts
as damages in any action against CONSULTANT for breach of this
Agreement in addition to any other damages incurred by CITY due to the
breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such
approval must approve of the proposed consultant and the terms of compensation.
25.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative
description of progress during the past month for each major task, a description of the
work remaining and a description of the work to be done before the next schedule
update.
26. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
If to CONSULTANT:, If to CITY:
City of El Segundo Professional Services (REV 2018.05)
Page 8 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
OPPENHEIMER INVESTIGATIONS
GROUP LLP
1442A Walnut St., #234
Berkley, CA 94709
Attention: Amy Oppenheimer
Phone: (510) 393-4212
Email: amy@oiglaw.com
City of El Segundo
350 Main Street
El Segundo, CA
Attention: Rebecca Redyk
Phone: (310) 524-2335
Email: rredyk@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed
nor retained any company or person, other than CONSULTANT's bona fide employee,
to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not
paid nor has it agreed to pay any company or person, other than CONSULTANT's bona
fide employee, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
Should CONSULTANT breach or violate this warranty, CITY may rescind this
Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
30.INTERPRETATION. This Agreement was drafted in and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. This Agreement will bind and inure to
City of El Segundo Professional Services (REV 2018.05)
Page 9 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
the benefit of the parties to this Agreement and any subsequent successors and
assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently
review this Agreement with legal counsel. Accordingly, this Agreement will be
construed simply, as a whole, and in accordance with its fair meaning; it will not be
interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Agreement will
continue in full force and effect.
35.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be
modified by written amendment.
36.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by electronic (pdf) or facsimile transmission. Such
electronic or facsimile signature will be treated in all respects as having the same effect
as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, acts of terrorism, war, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' reasonable
control, then the Agreement will immediately terminate without obligation of either party
to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness
and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience,
service experience, completion ability, personnel, current workload, experience in
dealing with private consultants, and experience in dealing with public agencies all
City of El Segundo Professional Services (REV 2018.05)
Page 10 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
suggest that CONSULTANT is capable of performing the proposed contract and has a
demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
[Signatures on next page]
City of El Segundo Professional Services (REV 2018.05)
Page 11 of 12
Agreement No. 6503
Agreement No. [City Clerk assigns]_
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY OF EL SEGUNDO
Re eca Redy'
Human Resources Director
ATTEST. )n
Trac We er,
r
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
Joaquin Vazquez—
Depw City Attorney
Ins uLnco Approval:
Tank Risk Manager
OPPENHEIMER INVESTIGATIONS
GROUP LLP
Aol
Amy Oppenheimer,
Managing Partner
Taxpayer ID No. 85-4326417
City of El Segundo Professional Services (REV 2018.05)
Page 12 of 12
EXHIBIT A Agreement No. 6503
INVESTIGATIONS I TRAININGS I MEDIATIONS
September 30, 2022
Rebecca Redyk
Human Resources Director
City of El Segundo
Dear Ms. Redyk,
This letter is to set out our agreement regarding the City of El Segundo (hereinafter "the City") retaining the
Oppenheimer Investigations Group ("OIG") to conduct workplace investigations. Please review it, sign it, and
return a copy to me. If you have questions or concerns, please don't hesitate to contact me.
OIG is being retained to perform investigations on behalf of the Human Resources Department as needed. We will
not render a legal determination whether there was harassment under the FEHA or a violation of any other law or
statute. We will stay within the scope unless authorized to expand the scope of the investigation. The purpose of
the investigation is to facilitate the rendering of legal advice.
We will interview witnesses, collect and review pertinent information, and report to you on that information. In
the report we will tell you what we believe happened, and the basis for that conclusion. We are not guaranteeing
any particular result and we will reach our findings based on an impartial and professional evaluation of the
evidence.
This agreement creates an attorney -client relationship between the City and OIG. As attorneys, we will use our
employment law and investigation expertise to assist you in determining the issues to be investigated and to
conduct impartial fact-finding. It is understood that this investigation will be subject to the attorney -client privilege
until and unless you waive that privilege, and/or a court determines that some or all of the investigation is not
subject to the privilege.
It is understood that our legal advice is the performance of the investigation itself and decisions made relating to
that, such as whom to interview, what documents to review and how to analyze our findings. Your inside or
outside counsel is solely responsible for providing legal advice related to matters other than the investigation
itself, including the admonitions, if any, to be given to employees (or other witnesses) who are interviewed
concerning confidentiality, the consequences of employee failure to cooperate in the investigation, the accessing
of electronic and other data, document retention, litigation holds, appropriate interim employment measures
pending investigation, what action to take as a result of the findings of the investigation, whether the investigation
is privileged or non -privileged, steps to take to preserve evidence uncovered during the investigation, the
consequences of revealing the report to third parties, the legal implications and actions the City should take
based on the results of the investigations, how to advise employees regarding keeping the investigation
confidential, compliance with the federal Fair Credit Reporting Act (FCRA), including, without limitation, FCRA
sections 603(d)(2)(D) and 603(y)(1) [15 U.S.C. §§ 1681a(d)(2)(D) and 1681 a(y)], and compliance with the California
Investigative Consumer Reporting Agencies Act (ICRAA), California Civil Code §1786 et seq. With respect to these
statutes, the City states that it has made and will make any required disclosures to employee(s) and that the
investigation is for employment -related purposes. (If this should change, you agree to notify us.)
1442A Walnut Street #234 a Berkeley, CA 94709 1 510.393.4212 II www.OIGLaw.com
Agreement No. 6503
ENHEMER
IhJWES 1 ATIONS
rUr, I_I_r,,
INVESTIGATIONS I TRAININGS I MEDIATIONS
I will assign the lead investigator in these matters, who will work under a partner's supervision. We bill for all time
expended on the matter, including time spent reviewing documents, interviewing witnesses, meeting with
representatives and employees or previous employees of the City, drafting a report, phone calls, travel time, etc.
Attorney rates are $315/hour to $525/hour. our supervision/substantive edit rate is $445/hour. Writer/editor time
is billed at $195/hour. Intern time is billed at $125/hour.
In the event any person involved in this matter pursues further remedies, or if we must respond to subpoenas or
discovery or otherwise respond or perform services with respect to any matter relating to or arising out of the
services performed for the City, the City will pay fees at the current hourly rate of the attorney involved for any
time spent responding to the subpoena or discovery, or acting as a witness in deposition, court, administrative, or
other proceedings, irrespective of who may call us as a witness, including preparation time. The City will also
represent us in the proceedings or provide us with an attorney of our choice.
You agree to be truthful with us, to cooperate, to keep us informed of any information or developments which
may come to your attention, to abide by the terms of this agreement, to pay our bills on time and to assist us by
providing information and documents necessary for the investigation. You agree to make available the witnesses
and documents requested by the lead investigator to permit the investigator to perform this independent
investigation. This will include arranging access to witnesses and documents and arranging a location for
interviews.
We will provide you with regular bills, which will be due upon presentation of the billing statement, but in no event
to exceed 30 days from presentation of the statement. We reserve the right to postpone or defer providing
additional services or to discontinue providing legal services, to the extent legally permissible, if billed amounts are
not paid when due. We also reserve the right to charge a late fee of 1% per month, not to exceed 6% per annum
total, on all sums that are not paid after 60 days of presentation of the statement. The City agrees to promptly
review billing statements and raise any questions regarding the amounts and items billed within 30 days of
presentation. If the City objects to only a portion of the charges on a statement, then the City agrees to pay the
remainder of the charges, which will not constitute a waiver of the City's objection. The City is obliged to pay our
fees regardless of the findings and results of the investigation.
Should a dispute arise, including regarding fees or costs, and should we be unable to resolve the dispute, we agree
to submit the dispute to binding arbitration pursuant to the California Arbitration Act. This agreement is subject to
the right of the parties to non -binding fee arbitration under the State Bar Fee Arbitration Program. The City
understands that, by agreeing to binding arbitration, it is waiving the right to a jury or court trial and attendant
procedural rights, such as full discovery and appeal rights.
The City agrees to defend, indemnify and hold us harmless for and against all actions, claims, and complaints
arising from or relating to the investigation brought by anyone other than you, except for claims arising out of
negligent acts or omissions or intentional misconduct. This includes an obligation to indemnify us for all costs,
including settlement costs and other legal expenses incurred in defending or resolving such actions, which may
include attorney representation. This provision is not intended to apply to any malpractice action brought by the
City against us.
The City may discharge us at any time and we may withdraw with the City's consent or for good cause. Good
cause includes the City's breach of this agreement, refusal to cooperate or to follow our advice on a material
Agreement No. 6503
Crl,�I"IEIENHEIMER
VTJ A,TIO'NSUP LL�
INVESTIGATIONS I TRAININGS I MEDIATIONS
matter, or any fact or circumstance that would render our continuing representation unlawful or unethical. In any
event, this engagement will automatically terminate at the time OIG presents a report on the investigation or is
advised by the City that it does not wish a report. When our services conclude, all unpaid charges will immediately
become due. After services conclude, we will, upon your request, deliver your file and property in our possession,
whether or not you have paid for all services.
Nothing in this agreement and nothing in my statements to you should be construed as a promise or guarantee
about the outcome of the matter. Any estimate of fees given by me shall not be a guarantee. Actual fees may vary
from estimates given. This letter of agreement is our entire agreement and supersedes any prior agreement. If any
section or portion of these terms is determined by any court or arbitrator to be illegal or invalid, the validity of the
remaining terms shall not be affected therein and said illegal or invalid term shall be deemed not to be a part of
this letter agreement. Any changes to this agreement will be made in writing and signed by both of us. I am looking
forward to working with you.
Sincerely,
A"I
on behalf of the City of El Segundo, I agree to the terms set forth above:
Date:
Rebecca Redyk
Human Resources Director
City of El Segundo
Agreement No. 6503
Ir',""OPPENHEMER
U P to U'
INVESTIGATIONS I TRAININGS I MEDIATIONS
2022 Rates
Attorney
Public Sector/
Non -Profit Rate
Amy Oppenheimer, Managing Partner
$525/hour
Tina Ro-Connolly, Partner
$445/hour
Vida Thomas, Partner
Tracey Merwise, Senior Attorney
Supervision/Substantive Edit
. .................
$445/hour
Zaneta Seidel, Partner
$385/hour
Alezah Trigueros, Partner
Danielle Drossel, Attorney
Ilona Turner, Of Counsel
Sandy Fu, Of Counsel
Renee Jansen, Of Counsel
Jack Morse, Attorney
Madeline Buitelaar, Attorney
$315/hour
Gorev Ahuja, Attorney
Julia Olivier, Attorney
Ashlyn Clark, Attorney
Alice Donahue, Attorney
Jeanette Boykins, Attorney
Maria Walker, Attorney
Roxanne Hill, Attorney
Writers/Editors
$195/hour
Garrett Smith, Attorney
Interns
$125/hour
1442A Walnut Street #234 1 Berkeley, CA 94709 1 510.393.4212 1 www.OIGLaw.com