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HomeMy WebLinkAbout2025-029 - Appointing Police Oversight Director & Approving Professional Services Agreement with Oppenheimer Investigations Group LLP. RESOLUTION NO. 2025-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING A POLICE OVERSIGHT DIRECTOR TO ASSIST THE POLICE OVERSIGHT COMMISSION AND APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE ENGAGEMENT OF T. JACK MORSE THROUGH OPPENHEIMER INVESTIGATIONS GROUP LLP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 2-666 of the Santa Ana Municipal Code provides that the City Council shall appoint a Police Oversight Director to assist the Police Oversight Commission in performing its duties and exercising its powers. B. Section 2-666 also states that the Police Oversight Director may be engaged through a professional services agreement. C. The City issued a Request for Proposals ("RFP") for services for the Police Oversight Director. D. The City Council evaluated the proposals submitted in response to the RFP. E. The City Council desires to appoint T. Jack Morse by adopting this Resolution and approving a professional services agreement. Section 2. The City Council hereby appoints T. Jack Morse of the Oppenheimer Investigations Group LLP to serve as the City's Police Oversight Director. Section 3. T. Jack Morse shall perform his duties as set forth in the City Charter, the Santa Ana Municipal Code and the professional services agreement attached hereto as Exhibit A and incorporated herein by reference. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Resolution No. 2025-029 Page 1 of 18 ADOPTED this 1st day of July, 2025. V rie mez a Ma or APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Ross n1 6hief Assistant City Attorney AYES: Councilmembers Amezcua, Bacerra, Hernandez,_Lopez, Penaloza, Phan, Vazquez (7) NOES: Councilmembers None 0 ABSTAIN: Councilmembers None (0) ABSENT: Councilmembers None 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-029 to be the original resolution adopted by the City Council of the City of Santa Ana on July 1, 2025. Date: ennifer H ; City Cler a a Resolution No. 2025-029 Paae 2 of 18 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA ANA AND T. JACK MORSE OF OPPENHEIMER INVESTIGATIONS GROUP LLP Resolution No. 2025-029 Page 3 of 18 PAGE INTENTIONALLY LEFT BLANK Resolution No. 2025-029 Page 4 of 18 CONSULTANT AGREEMENT BETWEEN OPPENHEIMER INVESTIGATIONS GROUP LLP AND THE CITY OF SANTA ANA FOR POLICE OVERSIGHT DIRECTOR SERVICES THIS AGREEMENT is made and entered into on this 17th day of June, 2025 by and between Oppenheimer Investigations Group LLP, a California limited liability partnership flslo T. Jack Morse, Esq. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City issued Request for Proposal ("RFP")No. 23-121,by which it sought consultants to provide Police Oversight Director services on behalf of the City's Police Oversight Commission. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-121. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the Police Oversight Director services and duties set forth in Santa Ana Municipal Code §§ 2-660, et seq., as may be amended from time to time, and as further set forth in Exhibit A—Scope of Services, attached hereto and incorporated herein. In the event the services described in Exhibit A conflict with any provision of the Santa Ana Municipal Code, as may be amended from time to time,the Santa Ana Municipal Code shall supersede and control the applicable scope of Consultant's services under this Agreement. It is further understood and agreed to between the parties that T. Jack Morse, Esq. of Oppenheimer Investigations Group LLP shall at all relevant times act as the City's Police Oversight Director,and the roles and responsibilities of Police Oversight Director described herein shall not be delegated or assigned to any other individual, regardless of their affiliation with Oppenheimer Investigations Group LLP. It is further understood and agreed to by the parties that Consultant shall first utilize and employ the services of City staff members directly assigned to assist Consultant in performing its Page 1 of 9 Resolution No. 2025-029 Page 5 of 18 duties prior to engaging the services of any professional staff members referenced in Exhibit A and Exhibit B—Fees and Costs, attached hereto and incorporated herein. In the event City staff is unable to assist Consultant in performing a particular task or service, Consultant shall obtain prior approval from the City Attorney's Office or City Manager's Office before engaging the services of its professional staff members referenced in Exhibits A and B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for these services shall not exceed the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) during the term of the Agreement, including any extension periods, amended in writing. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a two (2) year term, unless terminated earlier in accordance with Section 15,below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement;however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 2 of 9 Resolution No. 2025-029 Page 6of18 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance. • 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 $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than$2,000,000 per occurrence or claim, and $4,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: Page 3 of 9 Resolution No. 2025-029 Page 7 of 18 0 City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. a For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severabiiity of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City.Ten(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention; (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 Resolution No. 2025-029 Page 8 of 18 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors,special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 Resolution No. 2025-029 Page 9 of 18 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of confidentiality; (d)is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color,creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 Resolution No. 2025-029 Page 10 of 18 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 Resolution No. 2025-029 Page 11 of 18 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand,delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons; To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702-1998 With courtesy copies to: City Manager's Office City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Oppenheimer Investigations Group LLP Attn: Vida Thomas, Managing Partner 1300 Clay Street, Suite 600 Oakland, California 94612 Email: vida@oiglaw.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 8of9 Resolution No. 2025-029 Page 12 of 18 this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuncz City Clerk City Manager APPROVED AS TO FORM: OPPENHEIMER INVESTIGATIONS SONIA R. CARVALHO GROUP, LLP City Attorney aa Bv• onathan T. Martinez-" Vida Thomas Assistant City Attorney Managing Partner Page 9 of 9 Resolution No. 2025-029 Page 13 of 18 EXHIBIT A SCOPE OF SERVICES Resolution No. 2025-029 Page 14 of 18 SCOPE OF SERVICES In addition to those services specifically enumerated in Santa Ana Municipal Code §§ 2-660, et seq., as maybe amended from time to time, Consultant shall provide the following services: • Accept and respond to phone calls and emails from City staff related to non-investigative matters. • Provide City staff with advice related to non-investigative matters. • Attend Police Oversight Commission meetings. • Consult with City staff on the interpretation and/or implementation of police related City ordinances,policies,or procedures; or relevant state and federal law(s). • Review of body worn camera footage for non-investigative matters. • Acknowledge receipt of any new complaint, claim, or other assignment as soon as possible, and no later than within 24 hours. • Accept and respond to phone calls from City staff related to investigative matters. • Where a complaint has been filed by a member of the community, Consultant will contact the complainant within three days of Oppenheimer Investigations Group LLP's ("OIG") receipt of the complaint. • Coordinate with the Commission and Santa Ana Police personnel to obtain relevant information, including incident reports, CAD data, and body worn camera footage, if applicable. • When warranted, conduct timely interview(s) of complainants, witnesses and subjects. Consultant will be available to conduct interviews in person, but may also conduct witness interviews via telephone or video conference. • When warranted, after interviewing the complainant, Consultant will confirm that the conduct complained of, if true, would violate the law or Santa Ana Police Department policy. If not, the Consultant will recommend that the matter be handled without a formal investigation. • Regarding interviews of sworn peace officers, Consultant will comply with all requirements of the Peace Officers' Bill of Rights contained within California Government Code §§ 3300 et seq. • Review of any applicable incident reports, CAD data, emails, texts, policies, and other documents. • Analysis of officers' body worn camera or other video for investigative matters. • Review of any additional relevant evidence an investigation uncovers. • Assessment of witness credibility, including an individual's opportunity or capacity to observe;consistent and inconsistent statements; corroboration (or lack thereof); patterns of conduct; plausibility; bias; and one's motivation to lie, Resolution No. 2025-029 Page 15 of 18 fabricate, or exaggerate. Consultant compiles and evaluates all evidence in order to draft findings based on a preponderance of the evidence. • Consultant will prepare a draft report to the Commission for review before finalizing, to ensure that the report covers what the Commission expected and is clear. Should the Commission desire that any clarifications be made, Consultant will do so. However, the findings will remain the same. Consultant will then submit a final report with findings and recommendations, orally and in writing, to the Commission. • Conduct intermittent audits and review citizen complaints and officers' use-of- force reports to determine, for example, whether death or great bodily injury was caused by direct police action. Consultant will prepare a written report of each investigation that includes factual background, relevant evidence, analysis, findings, and recommendations. • Prepare or review amendments to police related City ordinances,policies,or procedures. • Prepare or review new police related City ordinances,policies,or procedures. • Prepare memorandums regarding police related City ordinances,polices,or procedures; or relevant state and federal law(s)affecting police related matters. • As limited by Section 1 of this Agreement, Consultant may utilize the services of OIG partners and senior attorneys to review work product,where warranted. • As limited by Section 1 of this Agreement, Consultant may also utilize the services of junior OIG attorneys and other OIG staff members to assist with interviewing witnesses, analyzing data, or where Spanish language services are needed. • Review and evaluate completed internal affairs investigations, and provide analysis to the Commission regarding the findings of said investigations and/or provide recommendations for future action. • Consultant will be readily available for on-site project management, interviews, meetings with the Commission and City Council, and additional investigatory work. • Non-routine work of a specialized nature. • Other services,as mutually agreed to by the parties. Resolution No. 2025-029 Page 16 of 18 EXHIBIT B FEES AND COSTS Resolution No. 2025-029 Page 17 of 18 FEES & COSTS Attorney. Primary Role Rate Partners Supervision/substantive re ort edits $395/hour Jack Morse, Team Lead Prim Investigator $355/hour Senior Attorneys Substantive report review/edits $355/1iour Junior Attorneys Secondary Investigator $315/hour Writers/Editors/Admin Staff Copy Edits/Data Collection $195/hour Resolution No. 2025-029 Page 18 of 18