• Participated in arbitrations, including researching and drafting pre-hearing motions, preparing objections, preparing percipient and expert witnesses, and researching and drafting post-hearing briefs. • Researched and drafted motions and oppositions, including motions for summary judgment, demurrers, motions in limine and discovery motions.
• Conducted all aspects of discovery, including taking and defending depositions, preparing and responding to written discovery, and document production. • Researched and prepared legal memoranda and client opinion letters.
Office of the City Attorney, Richmond, California January 2005 – April 2005 Contract Attorney
• Area of practice included general public law.
• Researched and drafted motions and oppositions.
• Prepared and responded to written discovery and document production. • Researched and prepared legal memoranda
• Drafted license agreements regarding City property.
EDUCATION
Loyola Law School, Los Angeles, California May 2004
Juris Doctor
• Dean’s Honor List, 2002-2003 and 2003-2004
• Staff, Entertainment Law Review
University of California, San Diego, La Jolla, California June 2001 Bachelor of Science, Political Science
• Provost’s Honors, 1999 and 2000
BAR ADMISSIONS
State Bar of California, 2004; and Central District of California, Ninth Circuit, 2004
TECHNICAL SKILLS
MS-Office, MS-PowerPoint, MS-Outlook, Lotus Notes, WordPerfect, Legal Solutions, Citrix, AbacusLaw, LexisNexis, Westlaw, can type approximately 100 wpm, proficient in both Windows and Mac operating systems.
REFERENCES
Available upon request.
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1 ZANETA BUTSCHER SEIDEL
339 42nd Street, Richmond, CA 94805 • (646) 505-9199 • [email protected] PROFESSIONAL EXPERIENCE
Law Offices of Amy Oppenheimer Berkeley, CA
Associate Attorney May 15, 2017
∙ Conduct impartial investigations of employment complaints concerning alleged harassment, discrimination, retaliation, bullying and other workplace misconduct.
Bartko, Zankel, Bunzel & Miller, PLC San Francisco, CA
Litigation Associate May 2012 - May 2017
∙ Represent large health care companies, for-profit/non-profit corporations, emerging businesses, national chains, franchisors, directors and other individuals in complex litigation matters. ∙ Litigate and advise on business disputes, privacy data breaches, fiduciary duty violations, contract breaches, environmental compliance and personal injury lawsuits. ∙ Handle all phases of civil litigation, including factual investigation, legal analysis and strategy, client counseling, discovery, written and oral advocacy, settlement negotiations and trial. ∙ Serve on Hiring Committee: recruit, interview and select associate candidates.
Representative matters include:
∙ Koret v. Taube, et al. (San Fran. Sup. Ct.): Advised board chair of $500 million foundation on corporate governance matters for four years. Second-chaired trial in chair’s removal and self-dealing lawsuit against six director defendants.
‣ Investigated harassment claims against director defendant: interviewed complainants; deposed/examined witnesses and human resources staff; negotiated evidence from Stanford University confirming its harassment investigation included allegations against director. ‣ Argued and successfully opposed defense motion to exclude harassment evidence at trial. ‣ Managed discovery and trial preparation, including analyzing and synthesizing 800,000+ confidential documents into coherent trial narrative.
∙ Codey v. 7-Eleven, Inc. (Santa Clara Sup. Ct.): Managed, defended and settled personal injury lawsuit against national convenience store franchisor.
∙ Buchanan v. Allen (Humboldt Sup. Ct.): Obtained six-figure settlement for autistic client in child abuse and negligence suit against residential care facility, employee and two regional agencies. ‣ Investigated facility’s improper use of force and excessive prone restraints on autistic client. ‣ Engaged state investigators and experts to provide evidence of positive behavioral therapy. ‣ Managed law and motion practice, and negotiated favorable settlement agreement. ∙ Sutter Health v. Superior Court (Sacramento Sup. Ct.): Helped trial team obtain writ from State Court of Appeal that dismissed medical data breach suit with $4 billion exposure against client Sutter Health. ∙ Represented four African American minors in alleged police racial profiling pro bono matter. ‣ Interviewed minors and parents; prepared minors for interview by police investigator. ‣ Helped facilitate dialogue and resolution between police chief and parent/complainant.
Contract Attorney Positions May 2010 - May 2012
∙ Farella Braun + Martel LLP San Francisco, CA
‣ Reviewed client records for depositions and production in patent litigation. ∙ Jones Day San Francisco, CA
‣ Reviewed client records for production in high tech suppression of wages class action. #17..
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2 ∙ Paul, Weiss, Rifkind, Wharton & Garrison LLP New York, NY ‣ Reviewed client correspondence for production in securities class action litigation. ∙ Wilmer Culter Pickering Hale and Dorr LLP New York, NY ‣ Reviewed client correspondence for production to SEC in insider trading investigation. ∙ Cravath, Swaine & Moore LLP New York, NY
‣ Reviewed client records for production to SEC in financial fraud investigation.
Baker & McKenzie LLP New York, NY
Litigation Associate 2008-2009
Summer Associate Summer 2007
∙ Handled commercial litigation and international arbitration matters, including white collar crime, antitrust, class action, patent infringement, FCPA bribery cases and government investigations. ∙ Served on Diversity Committee: developed programs to recruit and retain minority attorneys.
EDUCATION
Columbia University School of Law
Juris Doctor May 2008
∙ Staff Editor, Columbia Human Rights Law Review
∙ 2006 Legal Intern, United Nations High Commissioner for Refugees (Geneva, Switzerland) ∙ Volunteer, Columbia Law School/Davis Polk Asylum Clinic ∙ Frederick Douglass National Moot Court Competition
∙ Member, African Law Students Association and Black Law Students Association University of California, Los Angeles
Bachelor of Arts, English June 2003
∙ Minors, Political Science and African American Studies ∙ 2003 Law Fellow, UCLA School of Law Fellowship Program ∙ 2002 Recipient, UCLA Women of Change Student Leadership Award ∙ 2000-2002 Chair, Outreach & Registration, African Student Union Annual High School Conference ∙ Member, Sigma Tau Delta International English Honor Society PROFESSIONAL ADMISSIONS AND MEMBERSHIP
∙ Association of Workplace Investigators, Certificate Holder, 2017 ∙ United States District Court, Northern District of California, 2013 ∙ Bar Association of San Francisco, 2012
∙ State Bar of California, 2012 (SBN: 282420)
∙ State Bar of New York, 2009 (SBN: 4742805)
PRO BONO EXPERIENCE
∙ Volunteer Attorney, BASF Justice and Diversity Center, 2014 ∙ Trained Mediator, New York Peace Institute, 2009-2011 ∙ Volunteer, ICC International Court of Arbitration for North America, 2010 ∙ Assistant to Professor Love, Kukin Program for Conflict Resolution, Cardozo Law School, 2009-2010 #17..
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1442A Walnut Street #234
Berkeley, CA 94709
Alezah Trigueros
(925) 330--‐0526
[email protected]
PROFESSIONAL EXPERIENCE
Partner, Oppenheimer Investigations Group LLP
January 2021 – Present
Managing employee relations and day-to-day business coordination with law partners; investigating complaints of harassment, discrimination, retaliation, workplace bullying, and ethical violations in the workplace, including agency--‐wide investigations, environmental assessments, and Title IX investigations; and supervising a team of investigators and writers
Associate Attorney, The Law Offices of Amy Oppenheimer
July 2014 – January 2021
Investigating complaints of harassment, discrimination, retaliation, workplace bullying, and ethical violations in the workplace, including agency--‐wide investigations and environmental assessments; and conducting Title IX investigations for educational institutions Staff Writer, LegalMatch
July – October 2014 (South San Francisco, CA)
Composing and editing articles for LegalMatch’s online law library, blogging, composing a monthly newsletter, and responding to inquiries on LegalMatch online forums Policy Volunteer, Save The Bay
June – September 2013 (Oakland, CA)
Cultivated relationships with city and county staff and local environmental groups to promote the Clean Bay Project; and composed policy briefs, support letters, fact sheets, case studies, and blogs on litter abatement issues
Clean Air Cities Campaign Intern, Center for Biological Diversity April – August 2013 (San Francisco, CA)
Cultivated contacts with city governments and local environmental groupsto promote the Clean Air Cities Campaign (anational campaign calling onU.S. citiesto supportuse oftheCleanAirActto reduce greenhouse gas emissions); and advocated fortheBobcat Protection Act and AB1301 Moratorium on Hydraulic Fracturing at committee hearings and before senate and assembly staff Intern, U.S. Department of Energy Office of the Asst. General Counsel for Labor and Pension Law January – April 2012 (Washington, DC)
Created various handbooks, manuals, and reference tables on recurring questions concerning the Davis--‐ Bacon Act, Employee Retirement Income Security Act (ERISA), Labor Management Relations Act (LMRA), and Worker Adjustment and Retraining Notification (WARN) Act, for the future reference of attorney- -‐advisors
Intern, Conservation Law Center
August – December 2011 (Bloomington, IN)
Co--‐authored a comment to a U.S. Fish and Wildlife Service notice of proposed rulemaking on behalf of a client and created a guide to effective commenting for the client’s future reference Intern, University of Florida Conservation Clinic
June --‐ July 2011 (San Jose, Costa Rica)
Co--‐authored A Manual for Designing Environmental Law Service Learning Pedagogy in Central America and the Dominican Republic for the U.S. Department of State Higher Education in Development Program and presented on the project at the Inter--‐American Institution for Human Rights #17..
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Law Clerk/Decision Writer, Social Security Admin. Office of Disability Adjudication and Review May --‐ August 2010 (Fort Wayne, IN)
Reviewed medical records, prior disability decisions, and claimant and third--‐party testimony; and wrote case notes, summaries, preliminary disability determinations, and final decisions for the ALJ
EDUCATION
Juris Doctor, Indiana University Maurer School of Law
May 2012 (Bloomington, IN)
• Notes Editor, Indiana Journal of Global Legal Studies • Founding Member and Executive Board Historian, Student Animal Legal Defense Fund • Practice Group Advisor – selected as year--‐long mentor to seven first--‐year law students • Environmental Law Society
• University of Florida Levin College of Law Costa Rica Program (Summer 2011) • Directed Reading in AnimalLaw
Bachelor of Arts, University of California Santa Cruz
June 2009 (Santa Cruz, CA)
• Major: History with a focus on the Americas and Africa; Minor: Legal Studies • Studied abroad at Lund University in Lund, Sweden (Fall 2008)
BAR MEMBERSHIPS
State Bar of California (active)
PROFESSIONAL QUALIFICATIONS
• 2020 T9 Mastered Hearing Officer Training
• 2018 T9 Advanced Training for Campus Investigators
• 2017 T9 Mastered Training for Campus Investigators
• 2015 ATIXA (Association of Title IX Administrators) Title IX Investigation EXTTI (Expert Testimony Training Investigations) Training Course
• Association of Workplace Investigators Certificate Holder (AWI-CH) • Association of Workplace Investigators (AWI) 2015 Training Institute for Workplace Investigators
PROFESSIONAL MEMBERSHIPS
• Northern California Employment Round Table (NCERT)
• The Association of Workplace Investigators(AWI)
• California Lawyer’s Association (CLA)
PUBLICATIONS
• “Preventing and Responding to Workplace Bullying,” HR News, Nov. 2021. • “Conducting Effective Workplace Investigations Without the Workplace,” Bloomberg Law, Aug. 13, 2020 (web). • “Addressing the Elephant in the Room: The Impact of Race in Investigations,” AWI Journal, Vol. 11, No. 2, Jun. 2020.
• “The Meaning of ‘Due Process’ in Harassment Investigations,” California Labor & Employment Law Review, Vol. 33, No. 6, Nov. 2019.
• “Guidelines for Responding to Sexual Harassment in the Workplace: An Update,” California Labor & Employment Law Review, Vol. 32, No. 2, Mar. 2018.
• “Federal Court Rules That Yelp’s ‘Hard Bargaining’ Is Not Extortion,” LegalMatch, Sep. 16, 2014 (web). • “People Magazine Accused of Racial Discrimination in Lawsuit,” LegalMatch, Sep. 12, 2014 (web). • “Supreme Court to Hear Pregnancy Discrimination Case,” LegalMatch, Aug. 29, 2014 (web). • “California’s Death Penalty Declared Unconstitutional by a Federal Judge,” LegalMatch, Jul. 22, 2014 (web). • “Bag Ban Momentum Builds in Contra Costa County,” Save The Bay, Sep. 29, 2013 (web). • “Supporters Sway Santa Rosa to Stick with Countywide Ban,” Save The Bay, Sep. 11, 2013 (web). • “Foam Industry Spreads Misinformation, Lobbies Against San Jose Ban,” Save The Bay, Aug. 15, 2013 (web). • “San Rafael’s Cigarette Eater Meter Raises Awareness of the Dangers of Cigarette Litter,” Save The Bay, Jul. 9, 2013 (web).
• Note, The Human Right to Water: Will Its Fulfillment Contribute to Environmental Degradation?, 19 IND. J.
GLOBAL LEGAL STUD. 599 (2012).
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TRACEY K. MERWISE
EXPERIENCED IN-HOUSE EMPLOYMENT COUNSEL
Former partner at national law firm, experienced in-house counsel, trained mediator and employment investigator. 27-year proven record of success advising C-suite, senior executives, and business leaders at all levels on strategic management of high-stakes litigation, legal, business and communications issues. Generate innovative approaches to manage employment issues expediently, with sensitivity and discretion; advise on full spectrum of employment issues, organizational design and change; create bespoke trainings, policies, and procedures; advise on sensitive employment investigations.
PROFESSIONAL EXPERIENCE
STEVE & KATE’S CAMP, LLC, San Francisco, CA 1/2020-4/2021 General Counsel (first attorney); Human Resources and DEI Lead • First In-House Attorney and Strategic Human Resources Lead for 41 year-old children’s day camp operating in ten states.
• Provided legal support on all issues facing Camp, including employment, regulatory compliance, online privacy, real estate and vendor contracts, and customer disputes. • Joined five weeks before COVID pandemic and served as primary legal and Human Resources support for operating Summer 2019 in-person day camps in six states and creating two new lines of business (online day camp and on-demand program placing camp counselors in campers’ homes to support online learning/after-school activities); advised on multiple layoffs and rehires of year-round Site Directors; created programs to maximize employee engagement throughout COVID crisis.
• Oversaw employee investigations and served as primary liaison for mandated-reporter issues. • Created bespoke DEI program, anti-bias/inclusion and hiring trainings, 360-degree feedback process. • Identified organizational gaps and pain-points and created new structures and protocols to improve employee experience.
STRENGTHS
! High-Level Adaptability: Quickly assess new situations, rapidly build expertise and function at a trusted-advisor level in a broad range of new litigation, legal, business and communications contexts. ! Conflict Resolution: Form relationships with adverse parties and drive resolutions that benefit employers in disputes with employees, businesses and customers; catalyze collaboration across groups with divergent interests to forge effective solutions.
! Organizational Design: Identify organizational gaps and pain-points; optimize processes and teams. ! Creativity: Formulate creative legal arguments, business strategies, and bespoke protocols. ! Judgment & Discretion: Sought-after advisor on high-level matters of significant sensitivity; broker solutions using relationship-driven approach, with sensitivity to long-term goals. ! Clarity & Humor: Explain complex legal concepts to managers at all levels; communicate with humility and an appropriate sense of humor.
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TRACEY K. MERWISE Page 2
UBER TECHNOLOGIES, INC., San Francisco, CA 1/2017-12/2019 Director, Employment Legal
• Senior leader in Uber’s Employment Legal Department at time of exponential growth and high public visibility in rapidly-changing legal and internal Company landscape.
! Briefed General Counsel, C-suite, and senior managers on high-risk legal and business developments; proposed strategic solutions.
! Supported C-suite and executives in negotiating high-level departures. ! Served as lead in-house attorney on numerous high-risk driver and employee litigations. Provided close strategic oversight of multi-million dollar senior executive-level arbitration; nationwide driver class action litigations.
! Served as lead employment attorney on one of Uber’s first mass layoffs. • Strategic business partner.
! Enhanced efficiency in division of responsibilities between Employment Legal and remainder of Legal Department, as well as in arrangements with outside counsel, to achieve higher-quality work product, improved internal relations, and significant cost savings. ! As Interim Associate General Counsel (4-6/2018), created new global Employment Legal team architecture to improve efficacy of global employment collaboration. ! Advised Marketing Legal and Safety Legal on mitigating risk with respect to new products. ! Worked with Communications on messaging of significant legal issues. ! Dedicated liaison to Employee Relations; advised on high-stakes employment investigations. ! Served as legal advisor on projects across the organization:
" Helped create and deliver Uber’s first hybrid training on Diversity, Equity and Inclusion/Managing Within The Law;
" Advised on Driver/Rider Safety Initiative
" Worked with Recruiting on Sensitive Hire protocol to minimize IP risk; " Worked with Accounts Payable to optimize procedures;
" Advised on revision of Travel & Entertainment Expense protocols JACKSON LEWIS PC, San Francisco, CA 4/2013-1/2017
Shareholder, Labor & Employment
• Advised on high-level investigations and departures; litigated employment cases; created and delivered manager and employee trainings.
• Book of business ranging from global clients to mid-sized and small clients.
SEVERSON & WERSON APC, San Francisco, CA 11/2005-4/2013 Shareholder; Co-Chair, Labor & Employment Department; Firm GC for Employment Issues AT&T (formerly SBC Communications), San Francisco, CA 3/2004-11/2005 Senior Counsel, Labor & Employment
EDUCATION AND CREDENTIALS
Harvard Law School, Cambridge, MA
J.D.; Research Assistant, Professor Martha Minow; Certificate of Distinction in Teaching: “What Is Law?” Harvard undergraduate course. Law Clerk, Hon. John W. Bissell, D.N.J. (1992-1994)` Dartmouth College, Hanover, NH
B.A., Government, cum laude; United Nations Intern, Vienna, Austria; foreign study, Budapest, Hungary.
Paralegal, Manhattan D.A.’s Office Appeals Bureau and Sex Crimes Unit (1987-1989) Licensed, California State Bar.
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Danielle Francine Drossel
533 Ronda Drive ● Santa Barbara, California 93111 ● (818) 618-5559 [email protected]
PROFESSIONAL SUMMARY
Seasoned attorney with expertise in local government agencies, law enforcement, and land-use and planning matters.
Excellent writing and communication skills and a background in employment law and civil rights, and a passion for improving employee relations and advancing peaceful workplaces through an effective investigation system. Legal background includes 10 years experience representing local government agencies, including investigating highly sensitive employment claims, and representing public entities and employees in employment lawsuits arising under the FEHA, ADA, CFRA and FMLA. Experienced in handling all aspects of litigation, and litigating cases in both federal and state courts. Problem solver with proven track record of providing sound legal advice and pragmatic solutions on a wide range of legal matters to a diverse clientele of senior leadership and executives.
EXPERIENCE
Oppenheimer Investigations Group Berkeley, CA
Attorney Investigator April 2021-Present
• Conducts impartial investigations of complaints of alleged sexual harassment, sexual assault, discrimination, retaliation, workplace bullying and other misconduct for private and public entities.
New Century Imaging, Inc. Goleta, CA
Owner July 2018-April 2021
• Managed business specializing in delivering products to the Federal government under contracts with the General Services Administration. Generated gross sales of $7 million per year. • Created and drove all aspects of the business, including Sales, Finance, Human Resources, and federal Contracts. • Created and implemented company policies consistent with laws applicable to hourly employees. • Drive best practices in talent recruitment of key employees and consultants, and manage personnel issues. • Oversaw day-to-day accounting functions, including Accounts Receivable and Accounts Payable.
Office of the Santa Barbara County Counsel Santa Barbara, CA Deputy County Counsel IV May 23, 2016-July 2018
• Served as lead attorney representing the County Sheriff’s Office in major federal class action lawsuit concerning the medical and mental health treatment of inmates and conditions of confinement at the Santa Barbara County Jail. Collaborated with stakeholders, experts, employees, and decisionmakers to resolve claims related to statutory, constitutional, and ADA violations. Implemented best practices in hiring and overseeing work of subject-matter experts and legal consultants. After years of negotiations, the County reached a groundbreaking multi-million dollar settlement that resulted in significant system-wide changes to improve the living conditions for inmates confined to the Jail.
• Provided legal advice and representation to Planning and Development Department and County Planning Commission on various land use issues, including zoning, permitting, code enforcement, the Ralph M. Brown Act, and the California Environmental Quality Act (CEQA). • Provided legal advice at public hearings to various legislative bodies, including Board of Supervisors and County Planning Commission.
• Prepared and conducted interactive Powerpoint training to County staff on code enforcement process, due process requirements in the administrative hearing context, and the Ralph M. Brown Act. • Assisted County Departments in responding to records requests under the Public Records Act. • Conducted fact witness interviews to evaluate risk exposure and explore opportunities to address systemic issues. • Independently managed multiple and complex legal matters, balancing time between ongoing projects and crisisresponse. • Collected and analyzed aggregate lawsuits in other Counties and developed a strategic plan identifying issues, potential monetary exposure, and opportunities to proactively address systemic issues and mitigate risk. • Facilitated timely resolution of complicated disputes and negotiated and drafted settlement agreements. • Helped identify and outsource matters requiring special expertise by preparing and overseeing professional services contracts.
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• Assisted County departments in revising policies and practices in compliance with the law and best practices. • Prepared legal opinions and appeared before Board of Supervisors in Closed Session to advise and report on pending and threatened litigation matters, settlements, and proposed ordinance amendments.
Office of the Los Angeles County Counsel Los Angeles, CA Deputy County Counsel, Social Services Division (promotion) August 2015-May 2016 Senior County Counsel, Social Services Division (promotion) June 2014-August 2015 Associate County Counsel, Social Services Division December 2013-June 2014 • Advised County employees on various highly complex legal issues and collaborated with key stakeholders on policy drafting and implementation.
• Supervised litigation assigned to outside counsel on highly sensitive cases involving civil rights claims, Monell related claims, and claims arising from juvenile dependency proceedings and investigations. Assisted and collaborated with outside counsel on litigation strategy, discovery, settlement evaluation, and trial preparation. • Represented the County in settlement conferences, mediations, and roundtable meetings with outside counsel and County employees. Presented proposed settlements to the County’s Claim Board and Board of Supervisors for approval. Negotiated settlements and ensured timely and successful resolution of disputes. • Lead attorney on in-house litigation matters. Conducted significant legal research, analyzed case law and drafted and argued motions before the court. Conducted discovery. Developed and drafted budgets and reports, in accordance with the County's litigation procedures.
• Advised and represented County employees in State Administrative hearings. Prepared for hearings, including drafting position briefs and preparing witnesses and evidence for hearing. • Counseled and represented County grievance review officers in various County administrative processes.
Law Offices of David J. Weiss Los Angeles, CA
Attorney January 2008-December 2013
• Experience and oversight in all aspects of litigation with emphasis on civil rights claims (federal and state), employment claims arising under the ADA, FEHA, FMLA and CFRA, Monell related claims, and claims arising from Juvenile Dependency proceedings and investigations. • Counseled clients on sensitive employee matters, including discrimination, harassment and whistleblower complaints, employee discipline, and corrective measures, in accordance with state and federal laws. • Conducted prompt and thorough investigation of employment claims. Interviewed witnesses and reviewed relevant policies, personnel files, and employee records. Prepared detailed factual findings and recommendations. • Research and drafted motions and memorandum on various issues related to government entity defense including statutory immunities and government claim filing requirements under the Government Claims Act. • Appeared before public officials to report and advise on settlements. • Significant law and motion experience, including but not limited to, responsive pleadings (i.e. answers, demurrers, FRCP Rule 12(b)(6) motions), dispositive motions (i.e. motions for summary judgment, anti-SLAPP motions) and trial motions (i.e. motions in limine).
• Appeared in both federal and California state courts on various matters including motion hearings, scheduling conferences, status conferenced, and case management conferences. • Effectively represented clients in mediation and at settlement conference. • Drafted and negotiated settlement agreements on behalf of clients, including public entity clients. • Managed all aspects of discovery, including taking and defending depositions, propounding and responding to written discovery, preparing FRCP Rule 26 initial disclosures, and resolving discovery disputes. • Prepared cases for trial, including drafting jury instructions, consulting with expert witnesses, preparing witnesses for trial and drafting and opposing motions in limine.
Hanger, Levine & Steinberg, A Law Corporation Woodland Hills, CA Law Clerk November 2006-January 2008
Assisted with every aspect of the litigation process from drafting of pleadings to preparation of witnesses for trial.
Conducted extensive legal research. Drafted motions. Formed discovery plans. Drafted discovery documents and analyzed opposing party responses. Assisted trial counsel throughout the course of a 10-day trial.
Office of the Public Defender- Ventura County Ventura, CA Law Clerk June 2006- November 2006
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Assisted in the defense of criminal cases including a self-defense, murder case. Viewed evidence seized in an arson and fraud investigation. Drafted motions. Analyzed bank statements in reference to a fraud and extortion case. Helped create power-point exhibits for defense counsel’s opening and closing argument. Prepared cross-examination questions.
The Wellness Community Santa Ana, CA
Volunteer September 2004 – May 2005
Volunteered at an international non-profit organization dedicated to providing support to people affected by cancer.
United Nations Association Santa Barbara, CA
Volunteer December 2003 – June 2004
Assisted as a volunteer at a non-profit organization that was dedicated to encouraging civic participation in social, economic and global issues. Assisted in putting on an event in honor of UN Day in which a panel of speakers gathered at Santa Barbara City College to discuss the topic of the unintended consequences of war.
BAR MEMBERSHIP
• State Bar of California, Admitted December 2008, State Bar No. 261320
EDUCATION
Pepperdine University School of Law Malibu, CA
Juris Doctor, Certificate in Dispute Resolution May 2008 • Activities: VP of Democratic Law Society
• Study Abroad: Current Issues in International Dispute Resolution in London, England and Geneva,
Switzerland (May-June 2006)
University of California at Santa Barbara Santa Barbara, CA Bachelor of Arts, Political Science (Emphasis: International Relations) May 2004 • Honors: Dean’s List
• Activities: United Nations Association (Vice President of Fundraising) Ski and Snowboarding Team (Member)
PROFESSIONAL AFFILIATIONS
• California State Bar, Member
• Congregation B’nai B’rith, Board Member
• County Counsels’ Association of California, Member
• American Bar Association, Member
• Los Angeles County Labor & Employment Law Section, Past Member #17..
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MADELINE STREIFF BUITELAAR
Member of the California State Bar
Berkeley, CA | (410) 530-6549 | [email protected]
EXPERIENCE
Oppenheimer Investigations Group (Formerly the Law Offices of Amy Oppenheimer) Attorney and Impartial Workplace Investigator March 2020 - Present
● Conducts impartial workplace investigations of employee complaints ● Led more than 50 investigations, including Title IX complaints and matters involving race, gender, and sexual harassment and assault
Regulation and Governance (Journal)
Graduate Research Fellow for Editor Jodi Short Summer 2017 - Winter 2019
● Review 2-4 manuscripts per week, provide recommendations for manuscripts and contact reviewers San Francisco District Attorney’s Office San
Francisco, CA
Law Clerk for ADA Lili Nguyen in the Sexual Assault Unit Summer 2017
● Wrote motions in limine for rape, sexual assault cases going to trial and compiled a manual of rules of evidence and relevant precedents of foundational rape and sexual assault cases Office for Civil Rights, Department of Education, Region III Philadelphia, PA
Intern Fall 2014
● Reviewed complaints of racial, gender and disability discrimination and drafted resolution agreements between complainants and institutions
EDUCATION
University of California, Hastings College of the Law San Francisco, CA
Juris Doctor Class of 2019
Johns Hopkins University Baltimore,
MD
Bachelor of Arts in Political Science Class of
2014
PUBLICATIONS
• Madeline Streiff Buitelaar, Cui Bono? Assessing San Francisco Community Benefit Agreements. Societies 2019, 9(1) https://www.mdpi.com/2075-4698/9/1/25
• Lauren Dundes, Madeline Streiff, and Zachary Streiff. Storm Power, an Icy Tower and Elsa’s Bower: The Winds of Change in Disney’s Frozen. Social Sciences 2018, 7(6) https://www.mdpi.com/2076-0760/7/6/86 • Madeline Streiff and Lauren Dundes. From Shapeshifter to Lava Monster: Gender Stereotypes in Disney’s Moana.
Social Sciences 2017, 6(3) http://www.mdpi.com/2076-0760/6/3/91 • Madeline Streiff and Lauren Dundes. Frozen in Time: How Disney Stereotypes its Most Powerful Princess. Social Sciences 2017, 6(2) http://www.mdpi.com/2076-0760/6/2/38 • Lauren Dundes and Madeline Streiff. Reel Royal Diversity? The Glass Ceiling in Disney’s Mulan and Princess and the #17..
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Frog. Societies 2016, 6(4) http://www.mdpi.com/2075-4698/6/4/35
INTERESTS AND LANGUAGES
● Conversational Spanish, Intermediate Chinese (Mandarin) and Intermediate Arabic (Modern Standard) ● Baking sourdough bread, Yotam Ottolenghi recipes, cycling, travel, reading Mohsin Hamid novels #17..
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Gorev Ahuja
22873 Inyo Street, Hayward CA 94541 | (510) 828-7314 | [email protected] | https://www.linkedin.com/in/gorevahuja/
PROFESSIONAL LICENSE:
• California State Bar, December 2017
• Association of Workplace Investigators, June 2021
EDUCATION:
University of California, Davis School of Law
Juris Doctorate: May 2017
GPA: 3.65; Class rank: Top 15%
• Legal Research and Writing Tutor
• Sports and Entertainment Law Society, Member
• Middle Eastern South Asian Law Student Association, Board Member • Labor and Employment Law Student Association, Member
University of California, Davis
Bachelor of Arts, Political Science and Minor, Psychology, June 2013 • Graduated Cum Laude (Top 8% of College of Letters and Science) • Dean’s Honor List (Top 15% of class during each quarter), 2009-2013 • Department Citation for Highest Honors (Highest GPA honors for Political Science), June 2013 EXPERIENCE:
Oppenheimer Investigations Group, Berkeley, CA 06/2019 – Present Associate Attorney
• Conduct multiple neutral workplace investigations at one time from intake to completion for public, private, and non-profit employers. Draft reports that include witness summaries, findings, credibility determination, and analysis of policy violations.
Meyers, Nave, Riback, Silver, Wilson APC, Oakland, CA 10/2019 – 06/2019 Associate Attorney
• Researched and provide advice and counsel to public, private, and non-profit sector employers regarding state and federal laws and regulations including COVID-19 related laws, ADA, FEHA, FMLA, CFRA, FLSA, MMBA, wage and hour, and Police and Fire Procedure Bill of Rights issues
• Conducted neutral workplace investigations from intake to completion and drafted reports that included findings, credibility determination, analysis of policy violations for public, private, and non-profit employers regarding issues related to harassment, unprofessional and abusive conduct, hostile work environment, discrimination, and retaliation. • Drafted and prepared pleadings, motions, briefs for labor and employment litigation and administrative matters.
Garcia Hernández Sawhney, LLP, Alameda, CA 08/2017 – 10//2019 Associate Attorney
• Conducted workplace and student complaint investigations involving bullying abusive conduct, hostile work environment, discrimination, and retaliation from intake to completion. Drafted detailed investigation reports for clients. • Drafted responses to complaints filed with DFEH, EEOC, PERB, OCR, CDE, and complaints filed under the Uniform Complaint Procedures.
• Obtained workplace violence restraining orders on behalf of employers against former employees and third parties. • Drafted and prepare pleadings, motions, responses to and propounded discovery in preparation for trial for general civil litigation and cases involving aspects of municipal law, labor and employment law, landlord-tenant law, and property law. • Drafted pleadings for special education cases; represent school districts in special education proceedings, including due process hearings, mediations, and IEP meetings.
Rediger McHugh & Owensby LLP, Sacramento, CA 05/2016 – 08/2016 Summer Law Associate
• Completed in depth legal research regarding different areas in labor and employment law, including wage and hour, discrimination, harassment, wrongful termination class actions, labor-management relations, and unfair competition. • Drafted memos to answer specific legal questions for clients using relevant case law and statutory support. • Observed labor negotiations and depositions in discrimination cases and assessed potential witnesses for trial.
SKILLS/PERSONAL INTERESTS
• Fluent in Hindi and conversational Punjabi.
• Mentor for Northern California South Asian Bar Association #17..
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Garrett Scott Smith
543 Del Sol Ave, Pleasanton, CA (541) 815 3496 [email protected]
Education
University of California, Hastings College of the Law, San Francisco, CA J.D., 2017
• Top 10%, GPA 3.59
• Magna Cum Laude
• Internal Vice President of Outlaw (LGBT)
• Co-Executive Notes Editor, Hastings Women’s Law Journal • Executive Articles Editor, Hastings Business Law Journal • Hastings Lefkowitz Moot Court Team (Trademark)
• Moot Court Class Teaching Assistant
University of Oregon, Eugene, OR
B.A. in English; Minor in Business Administration, 2013 • Worked concurrently in food service to subsidize educational expenses • Term abroad studying English Literature and History in London, England Experience
Oppenheimer Investigations Group, LLP, Berkeley, CA
Attorney-Investigator, 06/2020 – Present
• Assisted with or conducted impartial workplace investigations for a variety of entities including private employers, schools (K-12 and college), county governments, and city governments
Paoli & Geerhart, LLP, San Francisco, CA
Assistant, 02/2018 – 03/2019
• Reviewed discovery, requested records, researched legal issues, and provided office support Hastings Community Justice Clinic, San Francisco, CA
Student Advocate, 08/2016 – 12/2016
• Co-represented and settled a client’s wage and hour claim under a supervising attorney Ongaro, PC, San Francisco, CA
Summer Law Clerk, 07/2016 – 08/2016
• Researched and drafted memos on employment law and civil procedure issues Legal Aid Society - Employment Law Center: Wage Claim Clinic, San Francisco, CA Pro Bono Volunteer, 06/2015 – 08/2015, 02/2016 – 05/2016 • One to two times a month, helped employees draft and file wage claims for the California labor commissioner hearing process
University of California, Hastings College of the Law, San Francisco, CA Research Assistant for Professor, 06/2015 – 10/2015
• Researched sources of potential auditor bias and the effects of legislation on auditor bias
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ASHLYN LYNNELL CLARK, J.D.
Alameda, CA 94501 / 828-773-4268 / [email protected]
EDUCATION
University of Minnesota Law School, Minneapolis, MN
Juris Doctor, May 2016
Concentrations in Criminal Law and International Law
Editor, Minnesota Journal of International Law
GPA: 3.427
Carnegie Mellon University, Pittsburgh, PA
Bachelor of History, May 2013
Double Major in Creative Writing
BAR ADMISSIONS
California State Bar, 2020
Bar No.: 331137
Minnesota State Bar, 2016
Attorney ID: 0398652
PROFESSIONAL EXPERIENCE
Oppenheimer Investigations Group
Attorney Investigator, November 2020 – Present
- Conduct impartial investigations into worksite complaints including racial discrimination, sexual harassment, abusive behavior, and retaliation
Department of Homeland Security, Immigration and Customs Enforcement, Office of the Principal Legal Advisor, San Francisco, California
Assistant Chief Counsel, September 2016 – October 2020
- Litigate detained and non-detained immigration cases as lead trial attorney, including filing motions and appeals, briefing dispositive issues concerning both state and federal criminal law, and conducting extensive in-court cross examination and oral argument
- Sustain immigration charging documents and litigate applications for relief including adjustment of status and relevant waivers, cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture
- Advise federal agency personnel on criminal and immigration issues such as custody redetermination, inadmissibility, and removability; review charging documents for legal sufficiency - Negotiate fine settlements for business and employer violations of I-9 and E-Verify rules and regulations - Identify and track potential class members per Aleman-Gonzales litigation - Serve as point of contact for human rights violator cases involving international investigations and country conditions research
Shulman & Buske, Minneapolis, MN
Law clerk, May 2015-September 2015
- Prepare legal briefs, memos, evidence exhibits, and settlement demands - Research legal issues including child abuse reporting standards and medical screenings for inmates - Conduct client intake interviews for transactional cases Human Rights Litigation and International Advocacy Clinic, University of Minnesota Law School, Minneapolis, Minnesota
Student practitioner, September 2014-May 2015
- Prepare legal briefs and memos regarding circuit court split on the extraterritorial reach of the Alien Tort Statute
- Research legal issues involving modes of criminal liability in international law and case law surrounding the Alien Tort Statute and the Trafficking Victims Protection Reauthorization Act - Analyzed civil litigation strategies for potential cases alleging violations of international human rights law Transitional Justice Institute, Belfast, Northern Ireland #17..
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Research Assistant, May 2014- July 2014
- Research Northern Ireland compliance with the Convention on the Elimination of Discrimination Against Women recommendations
- Proofread and cite-check academic articles for publication - Assist in hosting an international legal conference on gender inequity in transitional governance #17..
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JULIA OLIVIER
733 Filbert St., Apt. 3, San Francisco, CA 94133 • (831) 600-5331 • [email protected]
EXPERIENCE
Oppenheimer Investigations Group Berkeley, California | September 2021 – present Attorney Investigator
• Investigate claims of harassment, discrimination, retaliation, bullying, and other misconduct for private and public employers.
• Conduct workplace assessments and climate surveys to help employers understand and evaluate workplace concerns. • Conduct harassment prevention trainings.
Cooley LLP San Francisco, California | September 2016 – July 2021 Associate, Employment & Labor
• Counseled and advised corporate clients regarding fair employment practices, performance management, leaves of absence, disability accommodation, worker classification, diversity and inclusion, pay equity, protecting confidential and proprietary information, restrictive covenants, background check compliance, internal workplace investigations, privacy issues, individual and group termination decisions, and other employment decisions. • Negotiated and drafted various employment, separation, restrictive covenant, and contractor/consulting agreements. • Advised on employment issues in buy- and sell-side mergers and acquisitions, financings, and other corporate transactions; negotiate and draft transaction agreements and disclosures; conduct due diligence; manage international counsel and opposing counsel.
• Responded to harassment, discrimination, and wage and hour claims from employees by drafting position statements to federal and state agencies, including the EEOC, DFEH, and DLSE. • Advised clients with responses to former employees’ violations of confidentiality obligations. • Drafted personnel policies and handbooks compliant with legal requirements in numerous US jurisdictions; advise as to policy implementation and application.
• Advised re COVID-19-related employment issues and draft workplace reopening plans. • Developed and presented content to clients at annual “HR Network” employment law seminar. • Conducted trainings on harassment prevention, COVID-19 response, and performance management for employers. • Analyzed and applied new employment laws and case law for clients.
EDUCATION
University of California, Berkeley, School of Law J.D., May 2017 Activities: Berkeley Journal of Employment and Labor Law, Managing Editor; InSITE Fellowship Program The University of Texas at Austin May 2011
B.A., Plan II Honors and B.A., Latin American Studies (GPA: 3.85/4.0); Phi Beta Kappa
PUBLICATIONS
“California Creates New Family Medical Leave Law Applicable to Small Employers,” Cooley Alert, October 19, 2020 “San Francisco Enacts ‘Right to Reemployment’ Ordinance,” Cooley Alert, June 29, 2020 “California Extends Paid Family Leave Benefits,” Cooley Alert, September 30, 2019
ADDITIONAL INFORMATION
Bar Admission: California
Affiliations: Bar Association of San Francisco; California Lawyers Association
PERSONAL
Language Skills: Spanish (Intermediate)
Interests include scuba diving, traveling, vintage shopping, and live music. #17..
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Alice Donahue, Esq.
516-640-2684 | [email protected]
INTRODUCTION
I am a full-time investigations attorney at Oppenheimer Investigations Group (OIG). I am an entry-level attorney with two years’ experience as a law clerk at OIG. I am a native speaker of French and am also fluent in Spanish. I have experience working and conducting interviews in both French and Spanish. I am also proficient in Portuguese.
EXPERIENCE
ATTORNEY | OPPENHEIMER INVESTIGATIONS GROUP | SEPTEMBER 2021 – PRESENT · Conduct workplace investigations:
o Interviewing complainants, respondents, and witnesses o Case analysis and document review
o Summarizing interviews into a final report
o Writing case findings based on AWI credibility analyses · Attend conferences, such as AWI annual conference, and Title IX UC Berkeley conference.
LAW CLERK | OPPENHEIMER INVESTIGATIONS GROUP (FORMERLY THE LAW OFFICES OF AMY OPPENHEIMER) | AUGUST 2019- MAY 2021
· Assisted in neutral investigative reports regarding harassment, discrimination, or other workplace problems by accompanying attorneys on interviews and writing reports summarizing interviewee statements. · Assisted in investigations in Spanish, translating and summarizing interviewee statements. · Provided live French/English and English/French interpretation for witness interviews. · Drafted constant contact newsletters and announcements on behalf of the firm. · Summarized case depositions and document review in preparation for expert testimony and consultations. · Drafted and organized writing instructions and other materials for internal use. · Assisted in copy-editing of attorney investigative reports. · Conducted document review and case analysis; supported attorneys in writing final findings of fact.
LEGAL INTERN | IMMIGRATION CENTER FOR WOMEN AND CHILDREN | MAY-JULY 2019 · Conducted client intake in Spanish for asylum cases; helped clients fill out forms and other paperwork; and translated and wrote clients’ witness statements (as victims of crimes) for U Visa applications. · Researched and wrote legal memos; prepared and filed motions in court.
BLOG WRITER AND MANAGER | UNIVERSITY OF NEW MEXICO | AUGUST 2015- MAY 2017 · Wrote weekly book reviews and blog articles on K-12 multicultural pedagogy; helped plan outreach events. · Trained in Constant Contact, Eventbrite, Survey Monkey, WordPress.
FREE EXPRESSION PROGRAMS INTERN | PEN AMERICA | SEPTEMBER 2014- MARCH 2015 · Aided in research, editing and translation, and communicated with writers and activists abroad. · Named contributor in the report, Global Chilling: The Impact of Mass Surveillance on International Writers featured in the NYTimes article, “Writers Say They Feel Censored by Surveillance”; among other published reports.
EDUCATION
JURIS DOCTORATE| CLASS OF 2021 | UNIVERISTY OF CALIFORNIA, DAVIS SCHOOL OF LAW · Recipient of King Hall Legal Foundation grant for summer public interest work, August-July 2019 · University of California Office of the President Public Service Law Fellow, August-July 2019 · LLM/ Visiting Scholar Representative, King Hall International Law Association, May 2019- May 2020 · 1L Representative for Human Rights, King Hall International Law Association, September 2018-May 2019 #17..
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· Editor, UC Davis Business Law Journal, September 2018-May 2019 MASTER OF ARTS IN LATIN AMERICAN STUDIES | MAY 2017 | UNIVERSITY OF NEW MEXICO · Graduate assistantship (full tuition scholarship and living stipend), August 2015- May 2017 · Presented research in Spanish at GRAPHSY Conference at Georgetown University, February 2017 · Foreign Language Area Studies Fellow, June 2016- May 2017 o Received grant money to take language courses in Brazilian Portuguese in Rio de Janeiro, Brazil for the summer, and at UNM throughout the academic year.
BACHELOR OF ARTS | MAY 2014 | STATE UNIVERSITY OF NEW YORK AT GENESEO · First Major: English; Second Major: Spanish; Minor: French · Study abroad programs in Cuzco, Peru; Dakar, Senegal; and Cadiz, Spain
PUBLICATIONS AND LANGUAGES
Donahue, Alice. A arquitetura do trauma: uma abordagem comparativa às construções da memória na literatura latino-americana pós-ditadura. BRASIL/BRAZIL: A Journal of Brazilian Literature 55/2017 (2017): Pages 59-80.
Languages: French: Native fluency; Spanish: Advanced fluency; Portuguese: Intermediate proficiency #17..
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ILONA M. TURNER
www.TurnerADR.com ∙ 510.295.5288 ∙ [email protected]
EDUCATION
University of California, Berkeley, Boalt Hall School of Law – J.D., 2006 • California Law Review, Managing Editor, 2005-06
• Berkeley Journal of Gender, Law & Justice, Article Editor, 2003-04 and 2004-05 • Best Brief award in Legal Research and Writing
University of California, Santa Cruz – B.A. in Women’s Studies and Linguistics (double major), 2000 • Honors in both majors
• Phi Beta Kappa
EMPLOYMENT
Law Offices of Amy Oppenheimer – Berkeley, CA October 2018-present Of Counsel
Conduct workplace and Title IX investigations; mediate disputes between employees; provide training on harassment prevention and conflict resolution.
Turner Dispute Resolution – Oakland, CA August 2017-present Provide mediation, arbitration, and conflict coaching services.
Transgender Law Center – San Francisco, CA January 2012-October 2018 Of Counsel, August 2017-October 2018
Legal Director, January 2012-August 2017
Directed impact litigation, policy advocacy, and legal services on behalf of transgender and gender-nonconforming clients. Accomplishments include: Grew the organization’s litigation docket tenfold; developed pro bono network of 500+ cooperating attorneys; grew legal team from three to ten staff; drafted and helped pass groundbreaking transgender-rights legislation and regulations; won numerous critical advances for transgender rights in areas including prisoners’ rights, gender recognition (including nonbinary identities), employment, health care, immigration, and schools. Senior attorney on numerous precedent-setting cases including Lusardi v. McHugh (EEOC), Norsworthy v. Beard (N.D.
Cal., Ninth Circuit), and Whitaker v. Kenosha Unified School District (E.D. Wisc., Seventh Circuit).
National Center for Lesbian Rights – San Francisco, CA March 2008-December 2011 Staff Attorney
Advocated for LGBT rights through litigation, public education, and legislation.
Cohen, Weiss and Simon LLP – New York, NY September 2006-January 2008 Associate
Represented and advised clients including labor unions, employees, and health plans.
Bredhoff & Kaiser, PLLC – Washington, D.C. June 2005-August 2005 Summer Associate
Assisted with litigation and advocacy on behalf of labor unions and related organizations.
Equality California – Sacramento, CA July 2002-July 2003 Legislative Advocate and Communications Specialist
Helped pass laws to expand domestic partner rights and ban gender identity discrimination.
California Assemblymember Jackie Goldberg – Sacramento, CA May 2001-July 2002 Legislative Assistant
Staffed bills; analyzed legislation; communicated with constituents. #17..
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Ilona M. Turner Resume – page 2 of 5
SELECTED MEDIATION AND ARBITRATION WORK
Alameda County Superior Court Day of Court volunteer mediator Bar Association of San Francisco Conflict Intervention Service California Lawyers for the Arts - Arts Arbitration and Mediation Services California Department of Fair Employment and Housing
Community Boards
FINRA (Financial Industry Regulatory Authority)
SEEDS Community Resolution Center
TRAINING AND CERTIFICATIONS
Association of Workplace Investigators (AWI) Training Institute for Workplace Investigators, February 2019.
Association of Workplace Investigators Certificate Holder (AWI-CH) Community Boards, Introductory and Intermediate Conflict Coaching, December 2018 Center for Understanding in Conflict, Working Creatively with Conflict: 40 Hour Basic Mediation and Conflict Resolution Training, March 2018
Community Boards, Basics of Mediation Training (40 hours), February 2018 Rockwood Leadership Institute LGBTQ Advocacy Fellowship, 2013-2014 OneJustice Executive Fellowship, 2012-2013
BAR ADMISSIONS
State bar admissions: California and New York; New Jersey (inactive) Federal courts: U.S. Supreme Court, Ninth Circuit Court of Appeals, Seventh Circuit Court of Appeals, Third Circuit Court of Appeals, Federal Circuit Court of Appeals, Northern District of California, District of New Jersey, Eastern District of New York, Eastern District of Wisconsin, Southern District of California, Southern District of New York
OTHER MEMBERSHIPS
Alameda County Bar Association, ADR Section Executive Committee American Bar Association, Section of Dispute Resolution Bar Association of San Francisco, Co-chair, Equality Committee on LGBT Issues; member, Labor and Employment Committee
Bay Area Women Neutrals
California Employment Lawyers Association (former member) California Law Review Alumni Board of Directors
PUBLICATIONS
Academic Journals
Transparenthood, MICHIGAN LAW REVIEW (forthcoming May 2019) (with Sonia K. Katyal) #17..
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Ilona M. Turner Resume – page 3 of 5
Title IX’s Protections for Transgender Student Athletes, 28 WISCONSIN JOURNAL OF LAW, GENDER & SOCIETY 271 (2013) (with Scott Skinner-Thompson)
Pioneering Strategies to Win Trans Rights in California, 34 UNIV. OF LA VERNE L. REV. 5 (2012) Sex Stereotyping Per Se: Transgender Employees and Title VII, 95 CAL. L. REV. 561 (2007) (quoted in leading transgender rights cases including Glenn v. Brumby, 663 F.3d 1312 (11th Cir. 2011) and Macy v.
Dep’t of Justice, EEOC Appeal No. 0120120821 (Apr. 20, 2012)) Legal Audience
Co-author of chapters on transgender issues and relationship recognition in West-published treatise SEXUAL ORIENTATION AND THE LAW (Karen Moulding, ed.) (annual updates since 2004) Difficult Year Ahead and How You Can Help, CONTRA COSTA LAWYER (Feb. 1, 2017), at http://cclawyer.cccba.org/2017/02/difficult-year-ahead-and-how-you-can-help/ Groundbreaking EEOC Ruling for Transgender Employees, CALIFORNIA WOMEN LAWYERS NEWS (Summer 2012), at
http://www.cwl.org/External/WCPages/WCWebContent/WebContentPage.aspx?ContentID=10168 Same-Sex Binational Couples and the Federal Defense of Marriage Act, FEDERAL LAWYER 44 (Mar. 2012)
Developments in Workplace Protections for LGBT Employees, TODAY’S WORKPLACE (Sept. 22, 2008), at https://www.todaysworkplace.org/2008/09/22/developments-in-workplace-protections-for-lgbtemployees/ General Audience
Rescinding Trans Youth Guidance Is Shameful—But It Does Not Change the Law, THE NEW CIVIL RIGHTS MOVEMENT (Feb. 23, 2017), at
http://www.thenewcivilrightsmovement.com/866725/rescinding_trans_youth_guidance_is_shameful_but _it_does_not_change_the_law?recruiter_id=866725
Transgender Immigrants Among Hardest Hit by Trump Administration Actions, SAN FRANCISCO BAY TIMES (Jan. 2017), at http://sfbaytimes.com/transgender-immigrants-among-hardest-hit-by-trumpadministration-actions/ Why the Gavin Grimm Decision Is Game-Changing for the Fight Against Anti-Trans Discrimination, THE HUFFINGTON POST (Apr. 19, 2016), at http://www.huffingtonpost.com/ilona-turner/why-the-gavingrimm-decis_b_9733828.html Don’t Ask, Don’t Tell—Anyone, Anywhere, THE NATION (Nov. 16, 2010) (with Daniel Redman), at https://www.thenation.com/article/dont-ask-dont-tell-anyone-anywhere/
SELECTED PRESENTATIONS
American Bar Association Section of Dispute Resolution annual conference, April 25, 2019. CLE panel:
Best Practices for Mediating with LGBT Parties.
American Bar Association 2019 Corporate Counsel Seminar, February 15, 2019. CLE panel: Transgender Cultural Competencies: Practical Guidance in Promoting and Pursuing Inclusive and Welcoming Policies and Practices.
Bar Association of San Francisco, December 4, 2018. CLE panel: Transgender Employment Discrimination.
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Ilona M. Turner Resume – page 4 of 5
Sonoma County Bar Association, September 7, 2018. CLE presentation: Transgender Employment Issues.
U.C. Berkeley, April 3, 2018. Guest lecture, Sexual Orientation and the Law class: Transgender Rights.
American Bar Association Section of Litigation Inaugural LGBT Forum, May 2, 2017. Panel: In Transition: The Fast-Evolving Law on Transgender Rights in Governmental Spaces.
U.C. Hastings School of Law, Jan. 17, 2017. Panel: Transgender Students and Title IX.
Practicing Law Institute, Representing Transgender Clients: Practical Skills and Cultural Competency, Nov. 16, 2016. Panel: Employment Protections for Transgender Employees.
American Bar Association Annual Meeting, Aug. 5, 2016. Panel: A Path Forward on the Recognition of Transgender Rights, Employment Equality, and Integration of Transgender Troops into the U.S. Military.
American Bar Association Section of Labor and Employment Law Annual EEO Conference, Austin, TX, April 1, 2016. Panel: Modern Family: Keeping up with Accommodations for Religious, Caregiver, and Transgender Employees.
U.C. Hastings, Hastings Law Journal Symposium: The Status of Antidiscrimination Law and Litigation in the United States, Feb. 12, 2016. Panel: The Use of Stereotyping Evidence in Employment Discrimination Cases.
Morgan, Lewis & Bockius, LLP, Aug. 10, 2015. Panel: Marriage Equality: An Employer’s Perspective.
Middle Tennessee State University LGBT+ Conference, April 11, 2015. Keynote: Transgender Inclusion.
U.S. Commission on Civil Rights, Hearing on Workplace Discrimination Against Lesbian, Gay, Bisexual, and Transgender Americans, March 16, 2015.
AIDS Legal Referral Panel, Nov. 20, 2014. MCLE Training: Employment Law and Transgender Clients.
Equal Employment Opportunity Commission Annual Technical Assistance Program (TAPS) Employer Conference, San Jose, CA, June 20, 2013. Panel: Transgender Employment Discrimination.
State Bar of California, Fair Housing and Public Accommodations Symposium, April 19, 2013. Keynote:
Discrimination Based on Gender Identity and Expression.
U.C. Berkeley School of Law, March 20, 2013. Lecture: Transgender Employment Discrimination.
University of the Pacific McGeorge School of Law, Feb. 26, 2013. Guest lecture, Sexual Orientation and the Law class: Transgender Legal Issues.
CESCaL conference, Feb. 16, 2013. Panels: (1) Harassment and Bullying: Understanding Your School’s Legal Obligations; (2) Supporting Trans Students: Legal Duties and Best Practices.
National Lawyers Guild San Francisco, Jan. 18, 2013. CLE Panel: Transgender Employment Discrimination.
Out & Equal national webinar, Nov. 14, 2012. Employment Discrimination and the EEOC’s Macy Decision.
Bar Association of San Francisco, Sept. 18, 2012. Panel: Transgender Workplace Issues After EEOC’s Landmark Ruling.
National LGBT Bar Association, Lavender Law conference, Aug. 24-25, 2012. Panels: (1) Transgender Health Care; (2) Advocating for Transgender Youth.
National Lawyers’ Guild San Francisco, July 19, 2012. Panel: Undoing Injustice: A New Era in the Field of Employment Discrimination.
Association for Gender Research, Education, Academia & Action, Trans* Studies Conference 2012, at University of La Verne College of Law, March 2, 2012. Paper: Recent Developments in Trans Legal Issues.
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Ilona M. Turner Resume – page 5 of 5
University of Pacific McGeorge School of Law, Feb. 25, 2012. Panel: Bisexuality and the Law.
Kansas Women Lawyers Association annual CLE conference, July 15, 2011. Keynote: Relationship Recognition for Same-Sex Couples Across the Country.
Conference, The Law and Politics of Marriage Equality: Vermont, the Nation, and the World. University of Vermont, Apr. 16, 2010. Panel: National Views.
American Bar Association Labor & Employment Section conference, November 2008. Panel:
Transgender Employment Discrimination.
SELECTED MEDIA APPEARANCES
Katy Steinetz, What Does It Mean to Discriminate Because of ‘Sex?’ How the Legal Meaning of That Word Has Evolved, TIME MAGAZINE (Oct. 29, 2018), at http://time.com/5436230/legal-history-sexdiscrimination-trump-transgender/ Cara Lombardo, Transgender student at Wisconsin high school wins appeal, THE ASSOCIATED PRESS (May 30, 2017)
Nico Lang, The Supreme Court won’t hear Gavin Grimm’s case this term. Here’s how LGBT students will keep fighting, SALON (March 13, 2017)
Katy Steinmetz, President Trump Just Rolled Back Guidelines That Protected Transgender Students, TIME MAGAZINE (Feb. 22, 2017)
Don Thompson, Judge: Transgender California inmates must get female items, THE ASSOCIATED PRESS (June 10, 2016)
Fred Barbash, How a 1989 ‘glass ceiling’ ruling led to the government’s claim against N.C.’s ‘bathroom law’, THE WASHINGTON POST (May 11, 2016)
Emmanuella Grinberg, Transgender teen fights back after suspension for using ‘wrong’ bathroom, CNN (Apr. 27, 2016)
Emma Margolin, Appeals court hears trans student’s challenge to school bathroom policy, MSNBC (Jan. 27, 2016)
Zach Schonfeld, The Transgender Rights Case Against Hobby Lobby, NEWSWEEK (July 8, 2014) Katy Steinetz, The Transgender Tipping Point: America’s next civil rights frontier, TIME MAGAZINE (cover story) (June 9, 2014)
Nina Golgowski, Transgender teen bullied at school faces criminal charges for fight which only suspended other girls, N.Y. DAILY NEWS (Jan. 9, 2014)
Proposed Law Would Require School Support for Transgender Students, KQED FORUM (radio program) (Aug. 7, 2013)
Jesse McKinley, Ruling Extends Sex-Discrimination Protection to Transgender Woman Denied Federal Job, THE NEW YORK TIMES (Apr. 24, 2012)
Seth Hemmelgarn, TLC brings on new legal director, BAY AREA REPORTER (Feb. 9, 2012) Steve Karnowski, Students sue Minn. district over gay policy, THE ASSOCIATED PRESS (July 21, 2011) #17..
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RENEE A. JANSEN
1800 SONOMA AVENUE, BERKELEY, CA 94707 • 510.910.7098 • [email protected]
EXPERIENCE
Oppenheimer Investigation Group, Berkeley, CA August 2020 – present Of Counsel
• Conduct impartial investigations involving allegations of discrimination based on race, gender and disability, as well as allegations of retaliation, bullying, sexual harassment, sexual assault and other misconduct. • Clients include public and private educational institutions and workplaces. • AWI Certificate Holder (AWI-CH)
Vantage Partners, LLC, Boston, MA May 2006 – May 2020
Principal
• Firm is an outgrowth of the Harvard Negotiation Project specializing in strategic relationship management. • Managed client relationships and teams working with Fortune 500 companies on a range of relationship management issues, including: conducting alliance assessments and partner relationship diagnostic checks; helping to remediate at-risk partnerships; designing and implementing formal alliance management programs and launching new partnerships.
• Designed and delivered customized training on collaboration, conflict management, negotiation and influencing skills for a variety of industries, including consumer goods, oil and gas, legal and financial services, life sciences. • Guest lecturer at the Schulich School of Business at York University in Toronto on negotiation and building an alliance management capability.
• Co-author of Alliance Governance: Too Often Failing the Leadership Test and Falling Short of True Partnering Excellence: Five Trouble Spots and What to Do About Them (published by Vantage). • Founded firm’s pro bono program, member of recruiting team.
Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA Dec. 2001- Mar. 2006, & Summer 2000 Attorney
• Represented clients in diverse commercial litigation practice, including white collar criminal defense. • Second chair for six-week bench trial defending three largest U.S. canned tuna manufacturers against suit by CA Attorney General for failure to warn consumers of mercury in canned tuna, cross-examined fact and expert witnesses and worked on all aspects of trial and pretrial phases. • Represented clients in the oil and gas industry being investigated by the USAO and SEC: conducted witness interviews, managed large-scale data reviews and analyzed substantive issues related to investigations. • Received substantial responsibility managing cases, including primary responsibility for arbitrations and mediations, experienced in managing associates, paralegals and staff. • Experienced in writing and successfully arguing numerous motions, including motions for summary judgment, motions to dismiss, discovery motions, motions in limine, jury instructions, TROs; took and defended depositions, including key lay witnesses and expert witnesses.
• Active pro bono practice included successful representation of a sexual assault victim in a civil action and a counterfeiter in a criminal matter; served on recruitment committee and as partner-associate liaison for litigation group.
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Women and Girls Institute, National Council for Crime & Delinquency, San Francisco, CA June-Dec. 1999 Researcher
• Worked directly with the Director, researching and writing a groundbreaking report for the Robert Wood Johnson Foundation to determine barriers to effective implementation of programs for incarcerated mothers and substance abusers, and to create a national blueprint for model programs. • Performed over 300 case file assessments at juvenile facilities for delinquent girls in Jacksonville, Florida to create a national profile of juvenile girl offenders.
EDUCATION
University of California, Berkeley School of Law (formerly Boalt Hall), Berkeley, CA J.D. 2001
Best Brief and Final Oralist, McBaine Moot Court Honors Competition; Prosser Award, Civil Trial Practice; Moot Court Best Oralist Award; founded Boalt Hall Women’s Association and Herma Kay Hill Fellowship Rutgers, The State University of New Jersey, New Brunswick, NJ B.A., magna cum laude, 1997
Phi Beta Kappa; President, Class of 1997; college-wide award for Outstanding Individual Contribution Eagleton Institute of Politics, Rutgers University; Undergraduate Associate, 1995-1997 University of Utrecht, Faculty of Law, The Netherlands, Fall 1996 OTHER: Fluent in conversational Dutch; traveled extensively on five continents; admitted to practice law in California; AWI Certificate, AWI Training Institute (Feb. 2020) (AWI-CH) #17..
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Experienced attorney seeks role conducting neutral workplace investigations. In the last five years I have transformed my technology law practice to focus on investigating workplace concerns. I thrive in the challenge of connecting with people amidst conflicting perspectives and motivations, with the goal of making factual findings in view of company policies and applicable laws. Through my experience conducting investigations through law firms and inhouse at tech companies, I’ve built a record of breaking down and communicating complex concerns into discrete issues and effective reports.
[email protected]
415-209-5536
Los Gatos, CA
Law Offices of AMY OPPENHEIMER, Aug. 2020 - present Los Gatos, CA Investigate workplace concerns and conduct climate assessments for public and private entities, including on issues of discrimination and harassment based on race and gender.
GOOGLE, Investigator through Axiom, Feb. - Dec. 2019 Mountain View, CA Advised on wide range of concerns involving staffing partners and vendors including:
interviewing supplier employees, partnering with cross-functional teams Ethics & Compliance, Global Investigations, Security to ensure that suppliers’ investigations and are handled effectively. Developed best practices for supplier investigations.
Law Offices of JENNIE LEE, External Investigator, 2018 - 2019 Los Gatos, CA Conducted investigations of discrimination, hostile work environment, harassment, and bullying for clients in various sectors from public utilities to tech suppliers. Wrote investigative reports, interviewed witnesses, assessed credibility, made factual findings. 8x8, Inc., Employment Counsel through Axiom, June – Oct 2018 San Jose, CA Performed audit of and revised templates for severance agreements, termination guidelines, and reorganizations. Oversaw employee handbook revision.
ADOBE SYSTEMS INCORPORATED, 2012 – March 2018 San Jose, CA Employee Relations Consultant: Investigated grievances, wrote memos of findings including recommended corrective actions. Helped evolve training on performance management. Employment Law and Investigations: Conducted investigations relating to sales or channel partners. Implemented guidelines for background checks escalations.
Technology Licensing Counsel: Negotiated licensing deals for OEM’s, resellers, partners.
QUINSTREET, Inc., Corporate Counsel, 2009 – 2012 Foster City, CA Negotiated purchase agreements for target websites and widgets worldwide. Aided in post-acquisition integration, including handling disputes of employee IP ownership.
PILLSBURY WINTHROP SHAW PITTMAN, Associate, 2007–09 Palo Alto, CA Corporate and IP Transactions: Managed disclosures as lead associate on $100M+ M&A transactions. Reviewed 409A and stock plans with employment, compensation teams.
Languages
Mandarin Chinese (fluent),
Spanish (conversational).
Professional
Organizations
Association of Workplace
Investigators,
APABA’s Leadership
Advancement Program.
Pro Bono Work and
Community Service
Worker’s Rights Clinic, Santa
Clara University Law Center.
Special Needs Children’s
Ministry, Calvary Church of
Los Gatos.
CityTeam of San Jose
Outreach Coordinator.
Volunteer Legal Services
Program of SF Bar
Association, Legal Intern.
Counseling
Psychological individual
counseling sessions,
Abundant Life counseling
program.
Hobbies
Marathon running,
camping,
worldwide travel,
reading, sewing,
baking, and playing piano.
UCLA SCHOOL OF LAW, J.D., 2007 Los Angeles, CA
Honor, Journals and Clinics: CALI Award for Highest Academic Achievement for the Venture Capital and the Start-up Company seminar. Writing Advisor, Lawyering Skills Course, 2005-06. Journal of Law and Technology, 2005-06. Advocate for the Taino Tribe of Puerto Rico in the Tribal Legal Development Clinic, Spring 2006.
HARVARD UNIVERSITY, B.A. Magna cum laude in History & Science, minor in Psychology, Mind, Brain & Behavior Emphasis, 2002 Cambridge, MA Honors: Group I Dean’s List – first tier. Harvard Scholarship for Academic Achievement.
Thesis: U.S. Department of Education’s Recognition of ADHD as a Disability.
SANDY FU EXPERIENCE EDUCATION
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ALFREDO DIAZ
561.315.1146 ▪ [email protected]ŀ6WaWeof&aliforQia%ar%ar1XPEer3 55
EDUCATION
University of California, Berkeley, School of Law
J.D., May 1
Honors:
Activities:
Berkeley Law Certificate in Law and Technology
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EXPERIENCE
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Law Clerk II0a\1– May 2019
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ALFREDO DIAZ
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EXPERIENCE CONT.
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LANGUAGE SKILLS & INTERESTS
Language skills:
Fluency in Spanish. Translation experience.
Interests include:
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Law Clerk, Summer 2017
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CREDENTIALS AND PUBLICATIONS
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MARIA E. MENDOZA WALKER (she/her/hers), J.D., M.A.
301 King St. Unit 1700, San Francisco, CA 94158
(530) 204-7581|| [email protected]
BAR ADMISSION LANGUAGES
Passed California Bar July 2021-Pending Admission Spanish: Native speaker
EDUCATION
UNIVERSITY OF CALIFORNIA, DAVIS SCHOOL OF LAW
Juris Doctor, May 2021
• Witkin Award for Academic Excellence (highest grade in class): Legal Research & Writing, Spring 2019 • UC Davis Immigration Law Association, Public Relations Chair: Fall 2018-Spring 2019
STANFORD UNIVERSITY
M.A. in Latin American Studies, June 2017
• Tinker Visiting Professor Course Assistantship, Spring 2017
UNIVERSITY OF OREGON
B.A. in Public Relations (School of Journalism), Minor in History, June 2015 • Dean’s List: Spring 2012, Fall 2014
EXPERIENCE
MATERN LAW GROUP, PC, Oakland, CA - January - April 2021 Law Clerk for Employment Law Firm
• Drafted Motion to Intervene and Motion in Opposition of Dismissal • Created cross-examination questions in employment discrimination cases • Prepared meet and confer letter regarding potential Motion to Quash • Assisted in drafting mediation brief and attended mediation UC DAVIS IMMIGRATION LAW CLINIC, Davis, CA - August 2019 - May 2020 Member of student legal team under supervision of Professor Holly Cooper • Conducted site visits and interviews with detained Immigrant children and prepared condition reports • Drafted legal memoranda, conducted document review, wrote motions, and summarized depositions Research Assistant to Professor Holly Cooper for Summer 2020 • Worked on trial preparation for federal class action challenging conditions of Immigrant child detention • Reviewed deposition transcripts and created comprehensive summaries for staff attorneys • Prepared materials and conducted research for deposition of expert witness • Conducted extensive document review (approx. 190 hours) and created new protocol to increase efficiency UC DAVIS SCHOOL OF LAW, Davis, CA - Fall Semester 2019
Legal Research and Writing Teaching Assistant
• Edited student research memoranda, client letters, and demand letters and advised students on best practices SACRAMENTO SUPERIOR COURT, Sacramento, CA - Summer 2019 Judicial Extern to The Honorable Emily Vasquez (Judge of the Year) • Conducted legal research and drafted memoranda on various areas of civil and criminal law • Observed hearings, jury selection, arraignments, motions, and warrant requests CARA FAMILY DETENTION PRO BONO PROJECT, Dilley, TX - May 2018 Volunteer/Translator
• Translated for attorneys and asylum seekers during credible fear interview preparation sessions • Conducted individual sessions to determine whether client needed further legal advice of an attorney STANFORD UNIVERSITY, Palo Alto, CA - Spring Quarter 2017 Course Assistant to Human Rights Attorney
• Assisted visiting professor from Colombia and facilitated class discussions in Spanish #17..
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Justina Yassa
[email protected] │ 7182 Lyne Bay Drive, Roseville, CA 95747 │(916) 517-0375 Education
UC Davis University School of Law May 2021
Juris Doctorate Degree
• Black Law Student Association, Treasurer
• Human Aid Legal Organization, Vice President
• Trial Practice Honors Board
University of the Pacific, Stockton, CA May 2018
Bachelor of Science in Psychology, Pre-Law Minor
• Pacific Legal Scholars, member (Aug 2015-May2018)
• Hope Street, President (Aug 2016-May 2018)
• Phi Alpha Delta, Recruitment Chair (Aug 2017-May 2018) Experience
Oppenheimer Investigations Group, Post-Bar Law Clerk – Berkeley, CA Sep 2019-Current ● Conduct interviews with complainant, respondent, and witnesses ● Collaborate with firm attorneys on case strategy
● Draft reports to represent investigation findings
Sacramento District Attorney’s Office, Certified Law Student – Sacramento, CA Jan 2020-May 2020 ● Reviewed DUI reports and drafted offers accordingly
● Drafted and presented motions
● Conducted parole revocation and various other misdemeanor level hearings Price, Postel & Parma, LLP, Law Clerk – Cameron Park, CA May 2019-Aug 2019 ● Researched and prepared memorandums on issues relating to real estate, education, and employment law
● Collaborated with firm attorneys on case strategy
● Filed motions and other documents with various California courts Sacramento County, Court Appointed Special Advocate, Sacramento, CA Dec 2018 – Current ● Meet with foster youth weekly to assess progress and stability of placement ● Represent foster youth’s interests in court
● Communicate verbally and in writing with foster youth, social worker, attorney, and judge regarding youth’s needs and interests
Workers’ Rights Clinic, Counselor, UC Davis School of Law, Sacramento, CA Aug 2018 – April 2019 ● Interviewed potential clients, gathered necessary information to assess legal issues ● Researched issues related to overtime pay, wage claims, and other employment issues ● After consulting with attorneys, advised low-income clients ● Successfully represented a client at an unemployment hearing Interests
Gymnastics, International Travel, Podcasts
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Roxanne Z. Hill
[email protected]
(917) 202-8880
● New York Licensed Attorney
● ATIXA Civil Rights Investigator Level One certification
EDUCATION
Master of Arts (Psychology in Education)
Columbia University, Teachers College
Department of Clinical and Counseling Psychology
New York, New York
January 2002—May 2003
Juris Doctor
Brooklyn Law School
Brooklyn, New York
August 1997—October 2000
● Brooklyn Law School Richardson Merit Scholarship
● New York University Charles H. Revson Law Students Public Interest Fellowship Bachelor of Arts (United States History)
Columbia University, Columbia College
New York, New York
August 1990—May 1994
Non-matriculating Student
Brooklyn College
Brooklyn, New York
January 1999—May 1999
● Completed prerequisites for graduate school psychology programs
LEGAL EXPERIENCE
Law Clerk
Lozano Smith, LLP
Walnut Creek, California
December 2019—December 2021
● Draft complaints, responses to complaints, motions, notices and client correspondence for school districts in special education cases
● Assist partner/co-chair of Title IX and workplace harassment/discrimination practice areas with conducting investigations and writing investigation reports ● Draft and prepare training presentations for school districts Immigration Attorney
Law Office of Robert B. Jobe
San Francisco, California
April 2019—December 2019
● Represented asylum applicants in Asylum, Withholding of Removal, Convention Against Torture and Cancellation of Removal cases in federal immigration court hearings and asylum office interviews
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Contract Attorney
San Francisco & Walnut Creek, California
September 2018—April 2019
● Reviewed documents with supervisory/QC responsibilities for e-Discovery consulting firms Compliance & Clinical Integrity Consultant
Gateway Learning Group, Inc.
San Francisco, California
May 2017—June 2019
● Consulted on clinical and compliance-related matters on a part-time basis ● Served as Compliance Officer until February 2018 on a full-time basis for a 400+ employee behavioral health agency
Case Preparation Assistant
ALLEN ESQ
Alameda, California
August 2016—May 2018
● Drafted due process complaints against school districts on behalf of families of children with special needs on a part-time basis
● Assisted attorney with mediation and hearing preparation Special Education Attorney
Ronald E. Stiskin & Associates, PC
West Nyack, New York
May 2015—January 2017
● Represented families of children with disabilities in Section 504 and Individuals with Disabilities Education Act (IDEA) matters
● Drafted due process complaints, conducted legal research and negotiated settlement terms Contract Attorney
New York, New York
February 2006—April 2008
● Worked on temporary litigation-related projects for various law firms ● Supervised attorneys and paralegals regarding eDiscovery-related documents ● Conducted litigation-related research and analysis
Legal Consultant Applied Behavior Analysis (ABA) Consultant & Grant Writer The Brent Woodall Foundation for Exceptional Children
Coppell, Texas & Barlad, Romania
January 2004—April 2006
● Managed legal matters regarding the establishment and maintenance of Cristi’s Outreach program in Romania
● Provided 1:1 ABA therapy and consulted on evaluations of children involved in the foundation’s U.S. programs on a part-time basis
Legal Intern
MFY Legal Services, Inc.
New York, New York
April—August 1999
● Assigned to a project representing individuals with mental disabilities living in residential group homes
● Conducted legal research and drafted briefs
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Legal Intern
Legal Aid Society, Juvenile Rights Division
New York, New York
June—August 1998
● Conducted interviews of foster care children and caseworkers Trial Preparation Assistant
District Attorney’s Office of New York County
New York, New York
August 1994—April 1996
● Obtained case information from city agencies such as the Family, Criminal and State Supreme Courts of New York County, NYPD, NY State Department of Health and Medical Examiner' Office
CLINICAL EXPERIENCE
Special Education Home Program Coordinator
Northern Valley High School Board of Education
Demarest, New Jersey
October 2014—June 2015
● Conducted parent trainings targeting children’s maladaptive behaviors at home and in the community on supervised home program providers, and eveloped behavior intervention plans
ABA Therapist
Berger Learning Group, LLC
Hackensack, New Jersey
May 2009—August 2014
● Provided center-based 1:1 ABA therapy and group social skills lessons to children with autism and developmental disabilities, ranging in age from 18 months to 11 years old on a part-time basis
Independent ABA Therapist
New Jersey & New York
October 2008—June 2010, December 2002—January 2004
● Provided home-based 1:1 ABA therapy as a private in-home therapist and independent provider of Special Education Teacher Support Services (SETSS) for children with autism and developmental disabilities, ranging in age from four to 10 years old ● Worked as a team coordinator on various programs, analyzed data and drafted curricula Research Assistant & Grant Writer
Columbia University, Teachers College Department of Clinical and Counseling Psychology New York, New York
September 2002—October 2003
● Assisted Professor Emeritus Leah Blumberg Lapidus, Ph.D., A.B.P.P. with clinical research, psychological data interpretation and implementation of intervention programs for at-risk populations
● Conducted forensic legal research for Dr. Lapidus on several criminal cases for which she was called as an expert witness (most cases related to child abuse) ● Worked with Professor Lapidus to compile data and write several grant proposals, including one for Head Start funding
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Academic Mentor & Life Skills Counselor (for at-risk teenage parents) Support and Academic Mentoring (SAM)
New York, New York
September 2002—June 2003
● Worked closely with high school administration and teachers to help develop and implement an academic and life skills mentoring program sponsored by Columbia University for students at Public School 911, a high school for pregnant and parenting teenagers in Harlem ● Administered psychological measures and conducted weekly counseling sessions with teenage mothers to address academic and personal concerns
Special Education Itinerant Teacher (SEIT)
Young Adult Institute
New York, New York
April 1996—July 2003
● Provided 1:1 ABA therapy to children with autism and developmental disabilities from two to seven years old
● Designed individualized programs, organized meetings and collaborated with school-sponsored directors
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Armistead Curriculum Vitae, 1
CURRICULUM VITAE
TIMOTHY W. ARMISTEAD, D.Crim., AAFS, ASC, AWI, CALI, CFS 9611 Golden Drive, Orangevale, California 95662
Tel: (415) 608-2224 Email: [email protected] FAX: (916) 293-8766 ________________________________________________________________________
Education, Licenses and Certifications
1967 Bachelor of Arts, Pomona College, Claremont, California; National Merit Scholar; California Merit Scholar; major in sociology, minor in psychology. 1977 Doctor of Criminology, University of California at Berkeley. 1983 Court certified as questioned document examiner; multiple court certifications in subsequent years in state and federal courts.
1985 California Private Investigator's License #11384.
1988 Certificate in Medico-Legal Death Investigation, St. Louis University School of Medicine.
1992 Certificate in Scientific Content Analysis, Laboratory for Scientific Interrogation. 1999 Certified in PC 832 Basic Arrest and Control, California Peace Officers Standards and Training (POST).
1999 Certified in Search Warrant and Arrest, California Peace Officers Standards and Training (POST).
2001 Certificate of Completion in Biological Science/Biotechnology, Contra Costa College, San Pablo, California.
2005 Certified Fraud Specialist, granted by Association of Certified Fraud Specialists.
Professional History
1967 - 1969 Research assistant and seminar leader to Prof. Theodore R. Sarbin, UC Berkeley Graduate School of Psychology & School of
Criminology; work cited in Sarbin, Theodore R., “The myth of the criminal type,” Center for Advanced Studies, Wesleyan University, 1969, and reprinted in Sarbin, Theodore R., ed., Challenges to the Criminal Justice System, Human Sciences Press, New
York, NY, 1979.
1974 – 1978 Research Associate, Institute for the Study of Social Concerns, Berkeley, California.
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Armistead Curriculum Vitae, 2
1978 Research Associate, LEAA grant to evaluate the San Francisco criminal justice system, Beatrice Hoffman, Principal Investigator. 1978 – 1989 Special Assistant and Investigator, Mayor's Office, San Francisco, California; Co-chairperson California Assembly Bill 90 steering committee (1978-1980); Coordinator, Board of
Corrections Standards and Training for Corrections program, City and County of San Francisco (1983-1986).
1985 – Present Sole proprietor, Armistead Investigative Services, dba Armistead Research and Investigative Services.
1989 – 1992 Principal Investigator, City Attorney of San Francisco. 1992 – 2006 Chief of Investigations, City Attorney of San Francisco (ret.).
Memberships
American Academy of Forensic Sciences
American Society of Criminology
American Statistical Association
Association of Certified Fraud Specialists
Association of Workplace Investigators
California Association of Licensed Investigators
Philosophical Society of Washington
Peer-Reviewed Publications
1969 “Police on campus and the evolution of personal commitment: a survey of nonstrikers' attitudes during a Berkeley confrontation.” Issues in Criminology, Fall 1969, Vol. 4, pp. 171-184.
Cited in: McEvoy, James and Abraham Miller, Black Power and Student Rebellion: Conflict on the American Campus, Wadsworth
Publishing Co., Belmont, California, 1969, p. 192.
Excerpted in: ”Wilson, J. “Social problems and social control, Social Problems Vol. 24 1 April 1977, pp.469-481.
Rorabaugh, WJ, Berkeley at War: The 1960’s, Oxford University Press, New York, N.Y., 1989, pp. 85, 220.
Reprinted in: Congressional Record of the United States, Vol. 116, Part 6, pp. 7992-7995, as introduced in remarks by Congressman Ogden R.
Reid of New York, 8 March 1970.
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Armistead Curriculum Vitae, 3
1975 Evaluative models for drug abuse and narcotic control projects. National Council on Crime and Delinquency.
1975 Alternatives to drugs: the student video process, an interim research report.
Contributed content; V.A. Gurgin principal investigator and author, National Institute on Drug Abuse grant #2R25DA0016803
1976 The anticipated and unanticipated consequences of a drug abuse prevention program. Contributed content; V.A. Gurgin principal investigator and author, National Institute on Drug Abuse grant #E07DA0016805.
1977 Successful prevention programming and replicative research. Contributed content; V.A. Gurgin principal investigator and author, National Institute on Drug Abuse grant #E07DA0016805.
1978 Observations on the criminal justice system in the City and County of San Francisco. Contributed content; Beatrice Hoffman, principal investigator and author, LEAA grant #A-2926-2-78.
1981 Refinement and presentation of offense rates, San Francisco and statewide, 1970 – 1980. Mayor's Office of Criminal Justice, San Francisco, California. 1982 Evaluation of the impact of Project Stay-At-School on truancy, enrollments, and selected daytime crimes in San Francisco. Mayor's Office of Criminal Justice, San Francisco, California.
1983 “A critique and blind experiment in the criminological utility of handwriting analysis.” Presented to the American Academy of Forensic Sciences, 1983.
Published, American Journal of Police, Fall 1983, Vol. 2 (2), 167 - 191. 1984 “Issues in the identification of handprinting: a case study in anonymous death threats.” Presented to the American Academy of Forensic Sciences, Fall 1983.
Published, Journal of Police Science and Administration, March 1984, Vol. 12 (1), 81 – 98.
Cited in: Federal Bureau of Investigation Laboratory Services, “Meeting the Daubert challenge: A bibliography of handwriting articles for the forensic document examiner,” Forensic Science Communications, January 2003, Vol. 5 (1).
Pàstena, Pietro, “Le lettere anonime: un approccio criminologicocriminalistico,” paper read at National Conference on Forensic Science and the Italian Penal Process, Palermo, Italy, 1 – 2 April, 2006.
Excerpted in: Srihari, S.N., “Statistical examination of handwriting characteristics using automated tools,” Final Technical Report, National Institute of Justice Award # 2010-DN-BX-K037 to the Research Foundation, SUNY, 11 Feb. 2013, p. 6.
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Armistead Curriculum Vitae, 4
1985 “A paradigm of medical prescription fraud.” Presented to the American Academy of Forensic Sciences, 1984. Published, Journal of Police Science and Administration, June 1985, Vol. 13 (2), 111 – 121.
1988 “The use of minor typescript variations in age-dating material,” Journal of Police Science and Administration, September 1988, Vol. 16 (3), 217 – 225.
Excerpted in: Giannelli, P. C. and Imwinkelried, E. J., Scientific Evidence (4th ed., 2007), Vol. II, ch. 21, “Questioned Document Examination,” Matthew Bender & Company, Inc., Newark NJ and San Francisco, CA. 2011 “Detecting deception in written statements: the British Home Office study of Scientific Content Analysis (SCAN),” Policing: An International Journal of Police Strategies and Management, Vol. 34 (4), 588 – 605.
Cited in: Sahito, F.H., “Interrogational neuroimaging: The missing element in counter-terrorism,” International Journal of Innovation and Applied Studies, Vol. 3 (3), July 2013, 592-607.
Choudhury, F. “Can language be useful in detecting deception? The linguistic markers of deception in the Jodi Arias interview,” UCLA Journal of Undergraduate Research, Vol. 7 (No. 2), Dec. 2014.
Vanderhallen, M., Jaspaert, E., & Geert, M., (2015), “SCAN as an investigative tool,” Police Practice and Research: An International Journal, 17 (No. 3), 279-293.
Taiwo, R (2017), “Discursive forms and functions of digital, deceptive communication in Nigerian online discourse,” in I. Chiluwa, ed.
Deception and Deceptive Communication, Science Publishers, Inc.
Excerpted in: Granhag, P.A.,Vrij, A., & Verscheure, B., eds. (2015): Detecting Deception: Current Challenges and Cognitive Approaches. John Wiley & Sons, Ltd. London.
Heydon, G. (2019): Researching Forensic Linguistics: Approaches and Applications, Routledge, London and New York.
2012 “The detection of deception by linguistic means: Unresolved issues of methodology, usefulness, and epistemology,” Policing: An International Journal of Police Strategies and Management, Vol. 35 (2), 304-326.
Cited in: Gottschalk, P. (2013), Policing White Collar Crime:
Characteristics of White Collar Criminals, CRC Press.
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Armistead Curriculum Vitae, 5
Cited in: Bronson, M.C., (Nov. 12, 2012), “The (Re-) invention of lying:
Situating the lexicon of deception in critical discourse analysis and cognitive neuroscience,” panel paper, American Anthropological Association annual meeting.
Excerpted in: Finney, K.L. (2015), “Detecting deception through RST: A case study of the Casey Anthony trial,” Working Papers of the Linguistic Circle of the University of Victoria, 25 (No. 2), 12-23.
Excerpted in: Twitchell, D.P. and Fuller, C.M. (19 Nov. 2018), “Advancing the assessment of automated detection systems: Incorporating base rate and cost into system evaluation,” Information Systems Jr.
Accessed at https://doi.org/10.1111/isj.12231.
2013 “H.L. Wagner’s unbiased hit rate and the assessment of categorical forecasting accuracy,” Weather and Forecasting, Vol. 28 (3), 802-814, DOI
10.1175/WAF-D-12-00047.1.
Cited in: Pappenberger, F. et al. (2015), “The monetary benefit of early flood warnings in Europe,” Environmental Science and Policy, 51, August 2015, 278-291. DOI: 10.1016/j.envsci.2015.04.016.
Excerpted in: Ring, C. et al. (2017), “A comparison of metrics for assessing state-of-the-art climate models and implications for probabilistic projections of climate change,” Climate Dynamics, published online 26 May 2017. DOI: 10.1007/s00382-017-3737-3.
Excerpted in: Reynolds, R.M., Novotny, E, Lee, J, Roth, D., and Bente, G. (2019):
“Ambiguous bodies: The role of displayed arousal in emotion perception,” Journal of Nonverbal Behavior, 43: 529-548. DOI: 10.1007/s10919-019- 00312-3.
2014 “Resurrecting the third variable: A critique of Pearl’s causal analysis of Simpson’s Paradox,” The American Statistician, Vol. 68 (1), pp. 1-7 and 30 - 31. (The discussion paper of the issue. Discussants: Editor in Chief; Judea Pearl; and Keli Liu/Xiao-Li Meng. Altmetric rating: 12).
Excerpted in: Swamy et al., “Two applications of the random coefficient procedure: Correcting for misspecifications in a small area level model and resolving Simpson’s paradox,” Economic Modelling, Vol. 45.
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Armistead Curriculum Vitae, 6
Shmueli, Galit (2016), “Analyzing behavioral big data: Methodological, practical, ethical, and moral issues,” Feb. 9, 2016, SSRN:
http://ssrn.com/abstract=2736189 or http://dx.doi.org/10.2139/ssrn.2736189.
Spanos, Aris (2016), “Revisiting Simpson’s Paradox: A
misspecification perspective,” Cornell University Library, 13 May 2016, accessed 23 May 2016 at
arXiv.org>stat>arXiv2:1605.02209.
Knaeble, Brian (2017), “Adjustment with three continuous variables,” Communications in Statistics – Simulation and Computation, published online 11 October 2017, DOI: 10.1080/03610918.2017.1090128.
Cited in: Pollet, T.V. et al. (2015) “Taking the aggravation out of aggregation: A conceptual guide to dealing with statistical issues related to the pooling of individual observational data,” American Journal of Primatology, online version 24 March 2015.
Revelle, W. & Condon, D.M. (2015), “A model for personality at three levels,” Journal of Research in Personality, online 16 April 2015, DOI: 10.1016/j.jrp.2014.12.006.
Razi, A. & Friston, K. (2016), “The connected brain: causality, models and intrinsic dynamics,” IEEE Signal Processing
Magazine, arXiv:1602:02945[q-bio.NC]. DOI:
10.1109/MSP.2015.2482121.
McCumber, J. (2016). The Philosophy Scare: The Politics of Reason in the Early Cold War. University of Chicago Press:
Chicago, Ill.
Kak, S. (2017). Probability Reversal and the Disjunction Effect in Reasoning Systems. arXiv preprint arXiv:1709.04029.
2016 “Misunderstood and unattributed: Revisiting M.H. Doolittle’s measures of association,” The American Statistician, vol. 70 (1), 63-73.
Cited in: Pitici, M. (Ed.) (2017): “Notable Writings,” in The Best Writing on Mathematics 2017, Princeton University Press, Princeton and Oxford.
Smeeton, N. (2021). “Early statistical findings and authorship misattribution: An unsystematic review of the literature,” Chance, 34:1 39-43, DOI: 10.1080/09332480.2021. 1885933.
2017 “Measures of Association,” Invited paper, Encyclopedia of Statistics in Quality and Reliability, John Wiley & Sons Ltd, StatsRef: Statistics Reference Online, DOI: 10:1002/9781118445112.stat03899.pub2. #17..
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Armistead Curriculum Vitae, 7
Presentations and Service to the Field
“A critique and blind experiment in the criminological utility of handwriting analysis,” presentation to the General Section of the American Academy of Forensic Sciences, annual meeting of 1983.
“Issues in the identification of handprinting: a case study in anonymous death threats,” presentation to the Questioned Documents Section of the American Academy of Forensic Sciences, annual meeting of 1983.
“A paradigm of medical prescription fraud,” presented to the General Section of the American Academy of Forensic Sciences, annual meeting of 1984.
Ad hoc peer reviewer, Policing: An International Journal of Police Strategies and Management; Statistical Science; and Journal of Applied Statistics.
Investigative Work Cited
1992 The Great Dali Art Fraud and Other Deceptions. Catterall, Lee, Barricade Books, New York, N.Y.
1998 Hastened to the Grave, The Gypsy Murder Investigation. Olsen, Jack, St. Martin's Press, New York, N.Y.
1999 Test of Courage: The Michel Thomas Story. Robbins, Christopher, The Free Press, New York, N.Y.
Commendations
1982 Board of Education, San Francisco, California, for design, implementation and evaluation of truancy and delinquency prevention project. 1983 California Board of Corrections, for planning and coordination of San Francisco's Standards and Training in Corrections program. 1984 California Board of Corrections, for planning and coordination of San Francisco's Standards and Training in Corrections program. 2003 United States Department of Justice, Criminal Division, and Office of the City Attorney, San Francisco, CA.
Partial Client List
Government Agencies:
United States Attorney, 9th District, Civil Division
City of Livingston, California
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Armistead Curriculum Vitae, 8
City of Modesto, California
City of Oakland, California
City of Pinole, California
City of Pittsburg, California
City of Richmond, California
City of Stockton, California
City of Windsor, California
County of San Mateo
Bay Area Rapid Transit District
San Francisco Unified School District
Law Firms
Arnold and Porter, San Francisco
Bingham McCutchen, San Francisco
Jackson Lewis, San Francisco
Law Offices of Murlene J. Randle, San Francisco
Law Office of Rebecca Mendribil, Santa Rosa
Littler Mendelson, Sacramento
Meyers Nave, Oakland
O’Melveny and Myers, San Francisco
Quadra and Coll, San Francisco
Renne Sloan Holtzman and Sakai, San Francisco
SEZA Law Offices, San Francisco
Simborg, Killingsworth and Riebel, Corte Madera
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1 Response to 15 April 2022 RFP, City of Modesto, CA
Armistead
ARMISTEAD RESEARCH AND INVESTIGATIVE SERVICES
License # 11384 ∙ Established 1985
Timothy W. Armistead, D.Crim, AAFS, ASC, AWI, CALI, CFS 9611 Golden Drive
Orangevale, California 95662
Tel.: (415) 608-2224 ∙ email: [email protected] ∙ Fax: (916) 293-8766 Ms. Kelly Rice-Ortiz, Executive Assistant 16 April 2022 Human Resources Department Via Email and USPS
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 2200
Modesto, California 95353
Re. Request for Proposal
Dear Ms. Rice-Ortiz:
This constitutes my response to the RFP you sent me via email on 15 April 2022. Thank you for considering my qualifications.
I own and operate Armistead Research and Investigative Services as a sole proprietorship. I do not employ staff, and all the work of the firm is performed by me personally. I have been an investigator for the past forty-four years, retiring as Chief of Investigations for the San Francisco City Attorney’s Office in 2006 after a 28-year career in administrative, EEOC, civil, criminal, law enforcement officer, firefighter, technical counter-measures, and questioned document investigations for the City and County of San Francisco.
During the past sixteen years in private practice, I have performed personnel, claims, and public jurisdiction defense investigations, as well as sensitive audits and criminal investigations for many public jurisdictions including school districts, cities, counties, and the civil division of the United States Department of Justice. I am familiar with the POBAR guidelines, as well as with the revised statutes for police and fire personnel, and I have conducted successful investigations in both arenas.
Since 2010, I have performed approximately twenty complex personnel investigations, audits, and several police defense investigations for the City of Modesto. I have also conducted EEOC investigations for the City of Modesto, with satisfactory results. My most recent Modesto personnel matters concerned the failure of the city’s purchasing division to obtain requisite City Council approval for the funding of approximately $16M in city contracts; complaints against an employee for repeated use of profane language and false allegations in the workplace; and a complex case of alleged racial and sexual harassment involving multiple witnesses and multiple subjects. These investigations were brought to a satisfactory conclusion. Other recent Modesto cases resulted in retirements and resignations of several employees in two different departments #17..
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2 Response to 15 April 2022 RFP, City of Modesto, CA
Armistead
for timesheet fraud and other offenses, and a satisfactory resolution of possible threats by an individual with a mental health history against a top City of Modesto official.
For my qualifications to conduct the activities enumerated in the RFP, please see the attached Curriculum Vitae for my education; licenses and certifications; history of positions; peer reviewed scientific publications; memberships in professional and scientific associations; service to the field; commendations; and a partial list of clients. The only area of expertise in the list of services you seek that I do not have is in forensic computer examination. I have training, experience, and technical instruments necessary in all the other areas you mention, including TCSM.
By way of noting additional areas of my work, as you requested, I possess documented expertise and have published peer-reviewed research in two areas of importance to investigatory work that you do not mention: the detection of deception in statements, and the examination of questioned documents, handwriting, hand printing, and numerals. In these two areas, my research has been widely disseminated, cited and excerpted in the literatures of police and forensic science, and in a publication of best practices by the FBI lab. I have also published peer reviewed works in theoretical statistics, extreme weather forecasting, and the evaluation of medical diagnostic protocols.
My fee for all services is $150.00 per hour plus reasonable expenses which are charged at cost. I do not charge a percentage administrative fee. Expenses include the cost of interview transcription, proprietary and governmental database fees, court file copy fees, and travel and mileage costs. Travel is charged at the rate of one-sixth my hourly rate plus the federal mileage rate.
I am familiar with the types of insurance coverage required by the city of Modesto and have always adhered to those requirements. I also maintain a Modesto business license, account number 1297271.
Again, thank you for the opportunity to respond to your RFP. If you require additional information, please contact me.
Sincerely,
Timothy W. Armistead
Enc. Curriculum Vitae
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Post Office Box 561 Wilton, California 95693 916-261-7547 www.solutions-mrg.com May 5, 2022
Kelly Rice-Ortiz
Executive Assistant
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 2200
Modesto, CA 95353
RE: Statement of Interest and Qualification for Investigation RFP Dear Ms. Rice-Ortiz:
Thank you very much for the opportunity to submit a proposal to provide outside investigative services on an as-needed basis for the City of Modesto (“City”). Municipal Resource Group, LLC (“MRG”) is submitting all the required information as outlined in the RFP and can be found within our proposal. The table of contents on the next page will direct the reviewers to each section.
MRG will conduct confidential investigations to determine the factual basis of complaints and allegations in the workplace. A scope of work will be prepared in advance of each matter. At the end of an investigation, MRG will provide a written report unless otherwise instructed, to be produced within 30 days of the final interview or earlier.
Our investigative team brings significant years of experience in public agency investigations with our Human Resources management and law enforcement backgrounds. We recognize the importance of conducting an impartial, independent investigation to provide factual information regarding sensitive situations. Our firm is also capable of addressing and resolving the challenging workplace issues that often initiate allegations – and we are proud of our success rates in post investigation relationship mending and resolution.
As a founding member of the Association of Workplace Investigators and a frequent expert witness, I realize the importance of this engagement and appreciate the opportunity to be considered. We regularly serve as speakers on the topic of public sector investigative best practices. Please let me know if you would like to discuss MRG’s approach to this engagement.
Respectfully submitted,
Mary Egan, Managing Partner
MRG, LLC
916-261-7547
[email protected]
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P. O. Box 561, Wilton, CA 95693 916-261-7547 www.solutions-mrg.com Table of Contents
Page
I. INTRODUCTION .......................................................................................................... 2 II. QUALIFICATIONS OF MRG ....................................................................................... 3 III. PROFESSIONAL FEES AND ESTIMATED OUT-OF-POCKET EXPENSES .......... 3 IV. PRIOR LIST OF CLIENTS ............................................................................................ 4 V. PRINCIPAL STAFF CONTACTS ................................................................................. 5 VI. ADDITIONAL SERVICES ............................................................................................ 8 VII. OTHER INFORMATION .............................................................................................. 9 Certificate of Insurance .................................................................................................. 9 Business License ............................................................................................................ 9 ATTACHMENTS:
MRG Bios ………………………………………………………………………Attachment A
MRG Certificate of Liability Insurance ………...…………………Attachment B #17..
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P. O. Box 561, Wilton, CA 95693 916-261-7547 www.solutions-mrg.com I. INTRODUCTION
The City of Modesto is seeking proposals from qualified firms to provide investigative services to the City in which an investigation is advisable, including investigations involving sexual harassment, discrimination, whistle-blower claims and similar types of claims in the public sector. We have a very well qualified team of investigators and subject-matter expert consultants to support various departmental investigations.
Mary Egan, a MRG founding partner and leader of its Human Resources practice, is also a founding member of the Association of Workplace Investigators (AWI). Since its inception in 2009, AWI has grown into the premier international association dedicated to promoting and enhancing the quality of impartial workplace investigations.
The MRG Human Resources Team has built its practice around conducting impartial, timely, and professional workplace investigations. Our team of seasoned Human Resources licensed investigators and attorney investigators, with relevant current experience, has conducted hundreds of workplace investigations in a number of large and medium sized public agencies including the Cities of Fairfield, Oakland, Oakdale, Hayward, Alameda and Madera, Counties of El Dorado, Sacramento, Yuba and Placer and many special districts. In addition, we are proud to currently support the City of Modesto in their investigation needs.
Scope of Services
MRG will:
Conduct various types of investigative services, including but not limited to investigative research, interviews, background investigations, and people locates. Perform services in compliance with state and federal laws, regulations and best practices.
Conduct investigations compliant with the Public Safety Officers Bill of Rights Act (PSOBRA) and the Firefighter Bill of Rights (FOBR). Our team of investigators has a breadth of experience in workplace investigations including POBOR, FBOR, harassment, discrimination and other employment-related complaints. MRG has investigators that hold POST Certification.
Provide the appropriate scope of services based on the City’s case goals for each engagement.
Perform said services for and on behalf of the City, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interest of the City. To perform our services effectively, we require the full cooperation and support of all representatives from the City. You can assist us by keeping us fully informed as to facts and developments relevant to our investigative services. It is essential that we receive accurate and complete information, including written materials when requested, and that involved personnel are available to the extent required. #17..
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MRG Response to RFP
As an independent investigator, MRG has the right to determine the means, manner, and findings related to the investigation. The City agrees to allow MRG full discretion to undertake the investigations and otherwise make findings without influencing or interfering with the outcome. The City understands and acknowledges that this Agreement is not dependent on MRG making or failing to make a particular determination, finding of fact, or conclusion.
II. QUALIFICATIONS OF MRG
MRG, LLC is an experienced, full-service consulting firm dedicated to assisting local government clients in attaining their strategic goals. MRG was founded in 2009 by highly skilled and broadly experienced professionals. Our consultants have hundreds of years of combined experience working to address local government challenges.
MRG consultants are independent contractors, most of whom have held executive and upper management positions in public agencies. Our team of investigators has a breadth of experience in workplace investigations including PSOBRA, FBOR, harassment, discrimination and other employment-related complaints.
All MRG investigators have at least five years of experience conducting workplace investigations including allegations of discrimination, sexual harassment, whistle-blower claims, retaliation, employee misconduct, and other similar employment-related complaints including interaction with DFEH and EEOC.
III. PROFESSIONAL FEES AND ESTIMATED OUT-OF-POCKET EXPENSES The City of Modesto agrees to pay MRG Investigators at the rate of $295.00 per hour for work done regarding investigations and mediations. When appropriate, MRG uses a research assistant at $95.00 per hour to handle work commensurate with his/her experience and expertise. Time charged will include, for example, time spent interviewing witnesses, writing the report of findings, and performing necessary research. The time charged will also include the time MRG spends on telephone calls relating to your matter, including calls with witnesses, potential witnesses, or counsel representing any of the parties. We reserve the right to adjust the rate up 10% per year for additional years beyond year one.
Costs. MRG may incur minor costs and expenses in performing services under this Agreement.
The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee. Reimbursable expenses include but are not limited to; mileage reimbursement at the current IRS rate, postage, document production costs, parking, tolls, and travel accommodations (such as hotel) as needed, and electronic files (CD or zip drive) as needed.
All costs and expenses will be charged at MRG’s cost. MRG will invoice for all fees upon delivery of the final written report or two weeks after delivery of the draft report, whichever is sooner.
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City of Modesto Page 4
MRG Response to RFP
Compensation for Post-Investigative Work. Each engagement shall be considered concluded after MRG has provided a final invoice for an investigation. After the conclusion of each engagement, should a need arise for MRG to respond to any subpoena, or to otherwise provide deposition or trial testimony about the matter, the City shall compensate MRG at its then applicable rates for time expended, including time involved in preparing for such deposition or testimony, or responding to any subpoena.
Principal, Mary Egan, Qualified Manager $ 325.00 per hour Workplace Investigators $ 295.00 per hour
Post Investigative Deposition/Testify $ 325.00 per hour Technical Assistance $ 95.00 per hour
IV. PRIOR LIST OF CLIENTS
MRG currently provides investigative services to several public and private sector agencies in Northern California. MRG performs approximately 40-50 investigations per year. We will provide additional contact information for references upon request. The matters are confidential, but the client would provide a reference for our services. The following is a list of representative clients that MRG has provided similar investigative services.
California Association of Realtors
California State University System
City College of San Francisco
City of Alameda
City of Albany
City of Antioch
City of Benicia
City of Colfax
City of Fairfield
City of Gilroy
City of Half Moon Bay
City of Hayward
City of Henderson, NV
City of Hercules
City of Lodi
City of Los Altos
City of Madera
City of Merced
City of Modesto
City of Napa
City of Oakdale
City of Oakland
City of Palo Alto
City of Pasadena
City of Richmond
City of Rocklin
City of Salinas
City of San Rafael
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City of Modesto Page 5
MRG Response to RFP
City of Santa Rosa
City of Tracy
City of Vacaville
City of Vallejo
City of Watsonville
County of Alameda
County of Butte
County of Contra Costa County
County of El Dorado
County of Humboldt
County of Lake
County of Mariposa
County of Placer
County of Plumas
County of Sacramento
County of Sutter
County of Yolo
County of Yuba
Delta San Joaquin Community College
Dublin San Ramon Services District
East Bay Municipal Utilities District
Kern Community College District
Lathrop Manteca Fire Department
Livermore Area Recreation & Parks District
Merced Irrigation District
Port of Oakland
V. PRINCIPAL STAFF CONTACTS
All MRG investigators have at least five years of experience conducting workplace investigations including allegations of discrimination, sexual harassment, whistle-blower claims, employee misconduct, and other similar employment-related complaints including interaction with DFEH and EEOC.
MRG has six Qualified Managers and five additional licensed or attorney investigators. MRG also has approximately 40 subject matter experts in a variety of government capacities that assist and review in investigations as needed.
Detailed Resumes (Bios) and contact information are included as Attachment A.
Name of Organization: Municipal Resource Group, LLC
Contact Person, Title: Mary Egan - Managing Partner
Qualified Manager: Lisa Sullivan – Licensed Private Investigator Office Locations: PO Box 561, Wilton CA 95693
PO Box 484, Danville, CA 94526
3108 Glendale Blvd., #167, Los Angeles, CA 90039
Telephone Number: 866-774-3222
E-Mail: [email protected]
Website: www.Solutions-MRG.com
MRG’s investigative team includes:
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City of Modesto Page 6
MRG Response to RFP
Mary Egan, Managing Partner, Qualified Manager, and Investigator - Licensed Private Investigator (California BSIS License No. PI24104) and Qualified Manager, has extensive workplace investigative experience and a successful, growing conflict resolution and coaching practice area. Mary also teaches the AWI (Association of Workplace Investigators) public-sector class and has since the inception of AWI. She has served on the Board of Directors as Chairperson of the Legislation Committee, as a faculty member at the AWI Institute, and as a member/author of the Guiding Principles Committee, on which she spent four years developing AWI’s published standards for workplace investigations.
Lisa Sullivan, Qualified Manager and Investigator – Licensed Private Investigator (California BSIS License No. 28436), has conducted many investigations as a tenured Human Resources Director. Ms. Sullivan is also an experienced POBOR, FBOR, Title V, and Title IX investigator. She has extensive public safety and municipal human resources background and is a POST-certified background investigator. She conducts all workplace investigations: employee misconduct, discrimination/harassment complaints, Title V and Title IX complaints, executive reference checks, and law enforcement background investigations. Lisa’s studies are professional, independent, efficient, and thorough.
Fred Deltorchio, Consultant and Investigator – JD, CA State Bar No. 144451, is a past president of the Benicia Police Officers Association. Fred has significant experience addressing police personnel issues, including recruitment, investigations, evaluation, discipline, and termination. He has over 30 years of Law Enforcement experience and served as the Police Chief and Interim City Manager for the City of Hercules. Before that, he was with the Benicia Police Department for almost 18 years. Mr. Deltorchio attended training on POBOR and handled the investigations, discipline, and termination of officers as a Police Commander and Police Chief for the City of Hercules. He has completed FBOR investigations with a successful outcome for the client and has finalized several POBOR investigations. Fred also attended the FBI National Academy and graduated with the 193rd Session.
Eric Rozenoff, Qualified Manager and Investigator – Licensed Private Investigator (California BSIS License No. 188723), is a law enforcement professional with over 25 years of experience in public safety, investigations, audit, and compliance issues. Eric is skillful in administrative and criminal investigations and enjoys the investigative process. He possesses investigative expertise in a wide variety of criminal and administrative categories. Eric served in the California Highway Patrol for 20 years before retiring as an Executive Lieutenant. At the Golden Gate Division, he was responsible for ensuring that CHP commands within the Golden Gate Division were compliant with all training and was responsible for the review of all investigations involving CHP use of force. Following his retirement from the CHP, Eric was hired by the California Department of Developmental Services as a sworn law enforcement investigator and was later promoted to Commander/Supervising Special Investigator. He possesses numerous law enforcement commendations and training certificates.
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City of Modesto Page 7
MRG Response to RFP
Rudy Escalante, Qualified Manager, and Investigator – Licensed Private Investigator (California BSIS License No. PI88047), is a highly experienced consultant and licensed private investigator experienced in conducting complex workplace investigations. Rudy began his public service career as Patrol Officer in Santa Cruz County. Over his 30-year career, he rose to become Police Lieutenant managing the Investigations section and then later assumed the role of Deputy Chief of Police in the City of Watsonville. He held the position of Chief of Police for the City of Capitola until his Honorable Retirement in 2016.
In Santa Cruz County, he was a member of several stakeholder organizations such as the Santa Cruz Criminal Justice Council, the Santa Cruz County Anti-Crime Team, the Capitola Public Safety Foundation, and the Santa Cruz County Records Management System. He continues to participate in the Law & Legislative Committee for the California Police Chief’s Association and is their chair of the Firearms Committee. He has been the board chair for Janus of Santa Cruz, a drug and alcohol treatment center in Santa Cruz County for nearly 20 years. Mr. Escalante is a graduate of the FBI National Academy. In addition to his numerous degrees, he also holds an AS degree in Criminal Justice from Cabrillo College.
He has public safety and leadership certifications, including P.O.S.T Executive Development courses and training.
Ren Nosky, Consultant and Investigator – JD, CA State Bar No. 130726, is a practicing attorney since 1987 is experienced in conducting investigations into allegations of harassment, discrimination, retaliation, ethics violations, misuse of public resources, workplace fraud, violence, and other kinds of misconduct in the workplace. He has conducted personnel investigations, including high-profile and politically sensitive situations involving elected officials, law enforcement, department heads, and other highranking employees.
Robert Brown, Qualified Manager, and Investigator - Licensed Private Investigator (California BSIS License No. PI189184), is an investigative professional who brings a unique skill set and over 27 years of experience to clients in both the public and private sectors.
His training and law enforcement experience in conducting administrative, criminal, and civil investigations enable him to serve clients in a diverse capacity. Robert’s extensive investigative expertise during his career with the California Highway Patrol and currently with his affiliation with MRG include PBOR and FBOR investigations. His combined knowledge of administrative processes and his very personable, professional demeanor, dedication, and ability to work with every level of command are well documented in commendations and certificates.
David Sears, Consultant and Investigator - JD, CA State Bar No. 333717, has a unique investigator skill set as retired police professional as well as an attorney. His diverse background as a police executive span over a 25-year career. David has conducted numerous employment investigations that ranged from workplace harassment to criminal conduct, which has required him to represent cities in court proceedings for police agencies, other city departments, and private companies. David has an AS in Criminal Justice, a BS in Criminal Justice Administration, a Master’s in Public Administration with an #17..
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City of Modesto Page 8
MRG Response to RFP
emphasis in Public Policy, a Master’s in Legal Studies, and a Juris Doctorate Degree. While in law school, David was awarded the “Witkin Award” for top student in course work for Moral Character – Ethics. David has several professional certificates from the California Peace Officer Standards and Training (POST).
Martha Wilson, Consultant, and Investigator – JD, CA State Bar No. 183919, is a seasoned member of the MRG investigative team and has conducted multiple investigations for various agencies, including claims of harassment, discrimination, and employee misconduct involving officers and administrators. In addition, to her employment experience, Martha has taught Civil Procedure at Cal Northern School of Law in Chico, where she is the Chair of the Faculty Senate and the Director of Institutional Research.
Martha received her Juris Doctorate, magna cum laude. She is a member of the Association of Workplace Investigators and is trained in Advanced Mediation Practice through Pepperdine University’s School of Law Institute for Dispute Resolution.
Theresa Phillips, Qualified Manager, and Investigator – Licensed Private Investigator (California BSIS License No. 188739), has over 20 years of experience in several areas of human resources, including serving as the Lead Investigator. Theresa’s expertise is focused on delivering a consistent, leveraged approach to conducting investigations in working with Legal, IT Forensics, Security and Ethics, and Compliance. Theresa regularly conducts investigations to address employee allegations of misconduct, discrimination, harassment, retaliation, inappropriate and poor management practices, bullying, threats of violence, whistleblowing, and violations of company policies. Theresa is a graduate of the Association of Workplace Investigators (AWI) Training Institute. Theresa has presented a webinar, “Designing a Workplace Investigations Program: From Idea to Execution,” and has led several presentation/training programs.
Michelle Fitzer, Consultant, and Investigator – Licensed Private Investigator (California BSIS License No. 188883), is a dynamic professional with expertise in Human Resources, Investigations, Mediations, Training, Labor Negotiations, Finance, and Public Administration. She negotiated shared service agreements for fire services and police dispatch services. She served as the staff liaison for City Council Teambuilding and citywide Strategic Planning processes. She is a skilled facilitator and has led many stakeholder groups to consensus on organizational and operational issues.
VI. ADDITIONAL SERVICES
In addition to Workplace Investigations, MRG is a full-service consulting firm dedicated to assisting public agency and private sector clients by providing clients with the following additional services: Project Management, Human Resources Services, Financial Management and Fiscal Sustainability, Recreation, Parks and Community Service, Public Safety Studies, Leadership & Organizational Assessments.
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City of Modesto Page 9
MRG Response to RFP
VII. OTHER INFORMATION
Certificate of Insurance
MRG maintains the required insurance certificate with additional endorsements for the City.
See Attachment B.
Business License
MRG has a current City of Modesto Business License (No. 1288514). #17..
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Attachment A
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Mary Egan – CEO, Managing Partner
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 261-7547
[email protected]
Mary is highly skilled at Executive Coaching, Workplace Investigation, and Conflict Resolution and often uses those skills, along with her considerable experience, when advising her clients regarding employment related risk mitigation, strategic planning and interest-based problem resolution.
Mary’s specialties are assisting governing boards and government leaders with executive level performance evaluations, organizational problem analysis and skillful resolution, as well as coaching key employers to address deficiencies and maximize organizational impact.
As a Private Investigator licensed by the State of California, Mary has handled hundreds of workplace investigations for both private sector and public employers on all types of employment matters over the last several years, including claims of discrimination, harassment, retaliation, whistle blowing, substance abuse, threats of violence, assault, theft, fraud, violations of company policies, wage and hour violations, and other forms of alleged misconduct. Mary is experienced in testifying during administrative and judicial proceedings regarding completed investigations and provides expert testimony on the adequacy of workplace investigations, human resource practices and public sector employment standards and expectations. She is also qualified as an expert in State Court on the adequacy of investigations.
Mary’s commitment to and passion for improving the quality of workplace investigations nationwide is demonstrated by her role with the Association of Workplace Investigators (AWI, formerly, California Association of Workplace Investigators).
She is a founding member of AWI, formed in October 2009 and spent four years developing the AWI’s published standards for workplace investigations and serving as a faculty member at the Workplace Investigation Institute.
In addition to investigations and expert testimony, Mary facilitates staff retreats, team based problem solving and labor management committees, works with elected boards to define the performance expectations of their key managers, serves as a neutral fact finder in resolution of employer/employee issues.
Prior to joining MRG, Mary held key positions with both the City of Sacramento, and the City of San Jose, where she was the Employee Relations Officer and Chief Negotiator. While with Shannon Associates, Mary managed recruitments for high-level appointed executives, as well as complex HR assessments for large and complex clients. She continued her consulting services with high-profile clients after starting her own firm in 2001 and maintains long-term relationships with cities and counties in California. Mary is a recognized expert in municipal government interest arbitration.
In addition to her significant field experience with major clients, Mary earned a Bachelor of Science degree in Applied Behavioral Sciences from the University of California, Davis, where she was named “Outstanding Female Graduate,” and a Master of Public Administration (MPA) degree from San Francisco State University. Mary is a founding member of the California Association of Workplace Investigators (CAOWI), participating as Chairperson of the Legislation Committee and member of the Best Practices Committee.
Mary is a frequent presenter at conferences, seminars and meetings of several professional organizations, including the League of California Cities, the International Public Management Association (IPMA), the California Public Employers Labor Relations Association (CALPELRA), the Municipal Management Assistants of Northern California (MMANC), and the California State Association of Counties (CSAC). She serves as external advisor to the California Democratic Party working group on sexual and racial harassment and misconduct. In 2018, Mary was recognized by the Sacramento Business Journal as a recipient of the Women Who Mean Business award.
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Lisa Sullivan – Human Resource Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (831) 332-2145
[email protected]
Lisa Sullivan brings executive perspective combined with operational expertise to every project in which she is involved. Her diverse experiences during her exceptional 33-year public sector career honed her ability to see across traditional roles and responsibilities and develop innovative yet practical recommendations.
Lisa’s successes include designing and implementing consolidations, mergers, and reorganizations of divisions, departments, and entire organizations maximizing, service delivery and structural efficiencies. She has conducted many years of labor negotiations (as lead negotiator) using individualized strategies to achieve organizational goals and institutional credibility.
Lisa has designed industry-leading and award-winning continuous improvement programs resulting in significant and measurable organizational performance improvements. She is a skilled facilitator and has led many stakeholder groups to consensus on organizational and operational issues.
Lisa has held pivotal positions with the City of Santa Cruz (six years as the Human Resources and Administrative Services Director), Santa Cruz Regional 9-1-1 (12 years in a variety of key leadership roles), and the City and County of San Francisco (10 years in a variety of upper and operational management positions). She has significant experience in Public Safety and specializes in civilian functions and roles in Police and Fire departments.
Lisa is also a talented private investigator (State of California license #28436) and a California POST Certified Background Investigator. She conducts all manner of workplace investigations: employee misconduct, discrimination/harassment complaints, Title V and Title IX complaints, executive reference checks, and law enforcement background investigations. Lisa’s investigations are professional, independent, efficient, and thorough.
Lisa earned a Bachelor of Arts in Management with honors and other distinctions from Saint Mary’s College of California.
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Fred Deltorchio – Investigations, Law Enforcement Organizational Management
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (707) 853-1024
[email protected]
Fred Deltorchio has extensive experience in workplace investigations for public and private clients. He regularly conducts complex investigations concerning misconduct, harassment, or substandard management practices. Fred speaks to Human Resources and Management groups on proper handling of workplace investigations.
He has significant experience addressing police personnel issues including recruitment, investigations, evaluation, discipline, and termination.
Fred has over 30 years of Law Enforcement experience and served as the Police Chief and Interim City Manager for the City of Hercules, California. Prior to that, Fred was with the Benicia Police Department for almost 18 years.
As Police Chief for the City of Hercules, Fred coordinated the introduction of the Motorcycle Traffic Unit, the School Resource Officer Program, the Citizen Police Academy, and the “Every 15 Minutes Program”.
He provided required Workplace Discrimination and Harassment Prevention Training to all Hercules City staff and also personally filed oppositions and represented the Police Department in “Pitchess” motion hearings.
During his tenure as Interim City Manager, Hercules faced a high-profile financial crisis, which required general fund expenditures to be reduced by 30 percent. Fred led successful renegotiations of City contracts with all labor bargaining units and achieved necessary reductions of staff and program expenditures.
Fred has his Juris Doctor Degree from John F. Kennedy University College of Law and is a member of the California Bar Association. He graduated from California State University at Hayward with a bachelor’s degree in History. Fred also attended the FBI National Academy and graduated with the 193rd Session. #17..
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Eric Rozenoff - Investigator, Public Safety and Administration Consultant
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (415) 706-1964
[email protected]
Eric Rozenoff is a law enforcement professional with over 25 years of experience in public safety, investigations, audit and compliance issues. Eric is skillful in administrative and criminal investigations and truly enjoys the investigative process.
He possesses investigative expertise in a wide variety of criminal and administrative categories.
Now affiliated with MRG, Eric conducts investigations for cities, counties and special districts as well as private sector clients. He establishes a great rapport with management and employees which enhances the investigation outcomes. He offers mentoring one-on-one for employees who require professional development or need discipline issues resolved and provides small group harassment training.
Eric served in the California Highway Patrol for 20 years before retiring as an Executive Lieutenant. At the Golden Gate Division, he was responsible for ensuring that CHP commands within the Golden Gate Division were compliant with all training, and was responsible for the review of all investigations involving CHP use of force. Additionally, he developed the CHP’s Advanced Officer Safety Training Program for which he was presented the Governor’s Employee Safety Award. At the CHP’s Transportation Management Center in Oakland, Eric developed and maintained public/private partnerships in order to facilitate major transportation projects throughout Northern California.
Following his retirement from the CHP, Eric was hired by the California Department of Developmental Services as a sworn law enforcement investigator. He promoted to Commander/Supervising Special Investigator in 2017 and officially left service with the State of California in 2019 in order to conduct investigations privately.
Eric is a licensed California Private Investigator and Qualified Manager. He graduated with a Bachelor’s Degree in History from San Francisco State University, and possesses numerous law enforcement commendations and training certificates.
#17..
- 768 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Rudy Escalante – Investigations, Public Safety, Organizational Transitions
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (831) 588-1920
[email protected]
Rudolph Escalante is a highly experienced consultant and investigator who provides executive leadership and professional management services. He has over thirty years of experience serving California communities as a Public Safety officer. He works to instill a high level of integrity and strong values within organizations and fosters active community engagement to increase partnerships with key strategic stakeholders.
Mr. Escalante began his public service career in 1985 as a Patrol Officer in Santa Cruz County. Over a thirty-year career, he rose to become a Police Lieutenant managing the Investigations Section. He developed strong skills in policy review, budget analysis, public relations, and community outreach. In 2009 Mr. Escalante assumed responsibility as Deputy Chief of Police in the City of Watsonville. He served there until 2012, when he became Chief of Police in Capitola. He held that post until his Honorable Retirement in 2016.
Mr. Escalante has developed strong relationships in the communities he serves. In Santa Cruz County he was a member of several stakeholder organizations such as the Santa Cruz Criminal Justice Council, the Santa Cruz County Anti-Crime Team designed to combat gang violence and drug abuse, the Capitola Public Safety Foundation, and the Santa Cruz County Records Management System. He continues to participate in the Law & Legislative Committee for the California Police Chief’s Association and is their chair of the Firearms Committee. He has been the board chair for Janus of Santa Cruz, a drug and alcohol treatment center in Santa Cruz County, for nearly 20 years.
Mr. Escalante is a 2007 graduate of the FBI National Academy in Quantico, VA. He holds a Master’s Degree in Public Administration from San Jose State University, a BS in Business Management from University of Phoenix, and an AS degree in Criminal Justice from Cabrillo College. He holds certifications for public safety and leadership, including P.O.S.T Executive Development courses and trainings. He is a licensed private investigator experienced in conducting complex workplace investigations. #17..
- 769 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Ren Nosky – Workplace Investigations
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (831) 666-7350
[email protected]
Ren Nosky is experienced in conducting investigations into allegations of harassment, discrimination, retaliation, ethics violations, misuse of public resources, workplace fraud, violence, and other kinds of misconduct in the workplace. He has conducted all forms of personnel investigations, including high-profile and politically sensitive situations involving elected officials, law enforcement, department heads and other high-ranking employees.
Ren, a practicing attorney since 1987, has over 25 years’ experience representing public agencies. He has served as the in-house City Attorney for the cities of Salinas, Stockton, and Santa Clara. While in private practice, he has also served as the general counsel for many other public agencies, including several special districts and other local government bodies.
As an accomplished public attorney, Ren has interfaced with elected officials and executive level staff members on virtually every significant issue that local governments face today. He has also successfully managed several public law departments and been responsible for their efficient operations. Ren retired from CalPERS in June of 2017 and holds a B.A. in Economics and a Juris Doctor from University of the Pacific.
#17..
- 770 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Robert Brown – Investigative Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 220-4496
[email protected]
Robert Brown is an investigative professional who brings a unique skill set and over 27 years of experience to clients in both the public and private sector. His training and law enforcement experience in conducting investigations that have administrative, criminal, and civil components enable him to serve clients in a diverse capacity. Retired from the California Highway Patrol, Robert has turned his skills to providing investigative services in a full-time capacity.
Robert’s extensive investigative experience, including PBOR and FBOR, combined with his knowledge of administrative processes and a very personable, professional demeanor, make him a valuable member of the MRG investigative team.
Paralleling his law enforcement career, Robert has been elected to, and currently serves on several community boards and committees. He has led and contributed to strategic planning, finance and budget management, audits and inspections, personnel evaluation, and policy development. He is a licensed Private Investigator and Qualified Manager.
During his career with the California Highway Patrol, he was selected to serve in several specialized units within the department including special investigator, department training officer, tactical team member, and administrative supervisor at the Regional Traffic Management Center. His professionalism, dedication, and ability to work with every level of command are well documented in the form of commendations and certificates.
#17..
- 771 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
David Sears – Investigative Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (707) 364-5078
[email protected]
David Sears has a unique investigator skill set as a retired police professional as well as an attorney. His diverse background as a police executive spans over a 25-year career. David worked for the City of Benicia for 12 years and the City of Petaluma for 13 years, where he retired as a Police Captain. His experience included assignments in operation and administration divisions, which ranged from patrol, investigations, special crimes, task force, communications, records, budget, training, and risk management. David has conducted numerous employment investigations that ranged from workplace harassment to criminal conduct, which at times has required him to represent cities in court proceedings, for police agencies, other city departments and private companies.
David was instrumental in organizational change that included policy updates and implementation, as well as organizational change for efficient and modern community-oriented policing. He was a driving force in writing ordinances for local municipalities that focused on quality-of-life issues as well as establishing administrative hearing processes to be utilized by several city departments. David engaged in employment negotiations with labor groups where he has experience representing both employee groups and employers.
David has an Associate of Science Degree in Criminal Justice from Solano Community College, a Bachelor of Science Degree in Criminal Justice Administration from California State University at Hayward, a Master Degree in Public Administration with an emphasis in Public Policy from California State University at Hayward, a Master Degree in Legal Studies from Empire College, and a Juris Doctorate Degree from Empire College. While in law school David was awarded the “Witkin Award” for top student in course work for Moral Character – Ethics. Additionally, David is a member of the California State Bar as well as admitted to practice law in Federal Court, Eastern District of California. David has several professional certificates from the California Peace Officer Standards and Training (POST).
In his law enforcement career, David was a member of California Peace Officers’ Association (CPOA) where he was a leader on the Executive Committee and the Law and Legislative Committee. His duties were to provide input and recommendations for legislation that effected the law enforcement profession. David is still a member of the Sonoma Land Trust which is a non-profit that works with several cities and delivers work force housing with a focus on municipal employees, teachers, nurses, and other essential community employees. This allows cities to find affordable housing for employees to live and work in the communities they serve.
#17..
- 772 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Martha K. Wilson – Human Resource Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (530) 518-5863
[email protected]
Martha Wilson provides a wide variety of services and guidance to all levels of staff in the California public sector, specializing in County Government. She conducts complex workplace investigations for public and private employers.
After a successful career in mortgage banking, Martha started working in California’s public sector as a Deputy County Counsel for the County of Yuba in March 1998. In January 2007 she accepted the position of Personnel Director/Risk Manager for that County where she remained until her retirement in April 2015. In her tenure with Yuba County, she managed challenging issues while maintaining strong working relationships with administrators, managers, employees and union representatives. Examples of her work include reorganization of the Personnel Department into the Human Resources and Organizational Services Department, reductions in work force and costs of services, concession bargaining, development of the County Strategic Plan, and the Yuba Academy, which is an employee development and executive leadership series.
Martha has managed disciplinary and grievance processes and developed labor strategies with executive and elected officials throughout County government. She has experience in preparing for negotiations and has negotiated at the bargaining table. She has an in-depth knowledge of the budget process and is an expert in human resources functions, including recruitment and retention, on-boarding, classification and compensation, discipline, training development and delivery, benefits, risk management, and disaster preparedness and response.
In addition to her employment with the County of Yuba, Martha has been an adjunct faculty member for 30 years at California State University, Chico, teaching in the Communication Arts and Sciences Department. Martha also teaches Civil Procedure at Cal Northern School of Law in Chico, California, where she is the Chair of the Faculty Senate and the Director of Institutional Research.
Martha received her Juris Doctorate, magna cum laude, from Cal Northern School of Law, and a bachelor’s degree in Communication from the University of Vermont. She is a Senior Professional in Human Resources (SPHR), is a member of the Association of Workplace Investigators, and is trained in Advanced Mediation Practice through Pepperdine University’s School of Law Institute for Dispute Resolution. #17..
- 773 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Theresa A. Phillips – Human Resources Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (925) 765-9256
[email protected]
Theresa Phillips has over 20 years’ experience in several areas of human resources including performance management, coaching, training, and has served as the Lead Investigator in over 700 investigations. Theresa has worked in both the high-tech industry and healthcare.
Theresa has held several leadership roles in the business sector. Most recently, Theresa developed and implemented the investigation program at Kaiser Permanente for National Functions as Senior Investigator Specialists. Prior to this, Therese served as the Lead Investigator at Sumantec, where she developed the investigation program, provided training and materials to the core team of the HR Business Partners and HR Consultants. During her tenure at Hewlett-Packard, Theresa contributed to the foundation of the company’s employee relations practice.
As a Certified Professional Coach, Theresa coached all levels of management and HR to ensure Code of Conduct compliance. She is skilled at collaborating with leaders and working closely within multiple departments. Theresa partnered with VP’s and Sr. Directors to identify the HR impact of specific business decisions. She is adept at using HR metrics to analyze and communicate the impact of investigation trends and inappropriate behavior in the workplace. Theresa has extensive background in Human Resources on consulting in employee relations, performance management, coaching, compensation, employee development and workplace accommodations.
Theresa’s expertise is focused on delivering a consistent, leveraged approach to conducting investigations in working with Legal, IT Forensics, Security, and Ethics and Compliance. Theresa regularly conducts investigations it address employee allegations of misconduct, discrimination, harassment, retaliations, inappropriate and/or poor management practices, bullying, threats of violence, whistle blowing and violations of company policies.
Theresa earned her Bachelor of Science Degree in Organizational Behavior from the University of San Francisco with an emphasis in Human Resources. Theresa holds a Professional in Human Resources (PHR) Certification, Human Resources Management Certification from UC Santa Cruz and is a graduate of the Association of Workplace Investigators (AWI) Training Institute. Theresa is also a private investigator (State of California Private Investigator License #188739). Theresa has presented a webinar “Designing a Workplace Investigations Program: From Idea to Execution” and has lead several presentation/training programs.
#17..
- 774 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Michelle Fitzer – Human Resource Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (925) 437-4529
[email protected]
Michelle Fitzer is a dynamic professional with expertise in the fields of Human Resources, Finance and Public Administration. During her 30 year career in the public sector, Michelle has undertaken complex projects ranging from JPA negotiations to comprehensive classification and compensation analysis to leading service department consolidations.
In the Human Resources area, Michelle is experienced in organizational assessments, rule and policy development and labor negotiations using both positional and interest-based bargaining methods. She is also adept at training and mediation. Michelle is a licensed private investigator (State of California #PI188883) and has conducted several complex and sensitive workplace investigations, both during her full-time career and as a consultant. Investigation matters range from harassment, public finance, retaliation, governance and various workplace misconduct issues.
Michelle is also highly skilled in Finance, with extensive experience in operational and CIP budget preparation/management, long-range financial planning, and expenditure evaluation and reduction strategies. She is an expert in the financial aspects of organizational planning and compensation.
Michelle’s city administration experience includes serving as City Manager, Assistant City Manager and Administrative Services Director. She has had responsibility and oversight of Economic Development and Redevelopment functions, City Clerk’s Office and Strategic Planning. She negotiated shared service agreements for fire services and police dispatch services, and has negotiated the sale of several former RDA properties. She served as the staff liaison for City Council Teambuilding and citywide Strategic Planning processes. She is a skilled facilitator and has led many stakeholder groups to consensus on organizational and operational issues.
Michelle has a Bachelor’s degree in Psychology, and a Master’s degree in Business Administration with a Human Resources Management emphasis.
#17..
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Attachment B
#17..
- 776 -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
2/8/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team [email protected] License#: 6003745 Sentinel Insurance Company 11000 MUNIRES-01 Hartford Accident and Indemnity Company 22357 Municipal Resource Group, LLC (MRG)
PO BOX 561
Wilton CA 95693
HSB Specialty insurance Company 14438 UNDERWRITERS AT LLOYDS LONDON 15792 447605028 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 Included 2,000,000 4,000,000 X Y Y 57SBAUZ2244 2/2/2022 2/2/2023
4,000,000
A 2,000,000 X XY Y 57SBAUZ2244 2/2/2022 2/2/2023
B Y 57WECAB10L8 2/1/2022 2/1/2023
X
1,000,000 1,000,000 1,000,000
D
C
Professional Liability
Cyber Liability
MPL505106422
661825001
2/5/2022
2/5/2022
2/5/2023
2/5/2023
Per Claim/2,000,000
Per Claim/$2,000,000
Agg Lmt/$2,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Professional services includes Management consulting and strategic planning services, and workplace investigations. An Insured extends to ‘a natural person performing services or duties within the scope of their written agreement with an Insured Entity and for whom the Insured Entity is legally liable, but only while acting within the scope of such person’s duties performed on behalf of the Insured Entity.
RE: All Operations of the Named Insured
The City of Modesto, its officers, officials, employees, agents and volunteers are named as Additional Insureds as respects General and Auto Liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. 30 Day Notice of Cancellation
City of Modesto
1010 10th Street
Modesto CA 95354
#17..
- 777 -
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 11 of 24
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Policy #
57SBAUZ2244 57SBAUZ2244
#17..
- 778 -
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. – Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Policy #
57SBAUZ2244 57SBAUZ2244
#17..
- 779 -
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 13 of 24
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Policy #
57SBAUZ2244 57SBAUZ2244
#17..
- 780 -
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. – Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. – Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Policy #
57SBAUZ2244 57SBAUZ2244
#17..
- 781 -
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
Policy #
57SBAUZ224457SBAUZ2244
#17..
- 782 -
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. – Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. –
Coverages.
Policy #
57SBAUZ2244 57SBAUZ2244
#17..
- 783 -
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and selfinsured amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Policy #
57SBAUZ2244 57SBAUZ2244 57SBAUZ2244
#17..
- 784 -
ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured" for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in
A. Amended Coverage: which the "pollutants" are contained are moved from the covered "auto" to the place Coverage is extended to "bodily injury" and where they are finally delivered, disposed of "property damage" arising out of the use of a "hired or abandoned by the "insured". auto" and "non-owned auto".
Paragraph above does not apply to fuels, a. B. Paragraph B. EXCLUSIONS is amended as lubricants, fluids, exhaust gases or other follows: similar "pollutants" that are needed for or
1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto" or its parts, if:
2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are discharged or released directly not entitled to workers’ compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants"; and
3. Exclusion f. Pollution is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the
operation of any equipment listed in "Bodily injury" or "property damage" arising out paragraphs 15.b. and 15.c. of the of the actual, alleged or threatened discharge, definition of "mobile equipment". dispersal, seepage, migration, release or escape of "pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises owned by or rented to an "insured" with property that is: respect to "pollutants" not in or upon a (1) Being transported or towed by, handled, covered "auto" if: or handled for movement into, onto or (1) The "pollutants" or any property in from, the covered "auto"; which the "pollutants" are contained are (2) Otherwise in the course of transit by or upset, overturned or damaged as a on behalf of the "insured"; or result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto"; and processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 04 38 09 09 Page 1 of 3
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission) Policy #
57SBAUZ2244
#17..
- 785 -
(2) The discharge, dispersal, seepage, company) for an "auto" owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto". D. With respect to the operation of a "hired auto" and
4. With respect to this coverage, the following "non-owned auto", the following additional additional exclusions apply: conditions apply:
a. Fellow employee 1. OTHER INSURANCE
Coverage does not apply to "bodily injury" to a. Except for any liability assumed under an any fellow "employee" of the "insured" "insured contract" the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow "employee’s" employment. However, if your business is the selling, b. Care, custody or control servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured’s" care, custody or control. out of the operation of a customer’s "auto" C. With respect to "hired auto" and "non-owned auto" by you or your "employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the same basis, either excess or primary, we The following are "insureds": will pay only our share. Our share is the a. You. proportion that the Limit of Insurance of our
b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies covering on the same basis. (1) An "auto" you hire or borrow; or (2) An "auto" you don’t own, hire or borrow in 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs; or POLICIES ISSUED BY US (3) An "auto" hired or rented by your If the Coverage Form and any other Coverage Form or policy issued to you by us or any "employee" on your behalf and at your company affiliated with us apply to the same direction. "accident", the aggregate maximum Limit of c. Anyone else while using a "hired auto" or "non- Insurance under all the Coverage Forms or owned auto" with your permission except: policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as excess insurance over this Coverage Form. repairing, parking or storing "autos" unless that business is yours. E. The following definitions are added:
(3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (if you are a partnership), members DEFINITIONS:
(if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease, lessee or borrower or any of their hire, rent or borrow. This does not include "employees", while moving property to or any auto you lease, hire, rent or borrow from an "auto". from any of your "employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company),
Policy #
57SBAUZ2244
#17..
- 786 -
or your "executive officers" or members of
their households.
This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.
Form SS 04 38 09 09 Page 3 of 3
Policy #
57SBAUZ2244
#17..
- 787 -
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WECAB10L8 02/01/2022
Municipal Resource Group, LLC (MRG)
PO BOX 561
Wilton, CA 95693
02/01/2023
#17..
- 788 -
Policy #
57SBAUZ2244
#17..
- 789 -
Policy Number:
Effective Date:
Endorsement:
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
Form WC 99 03 94 Printed in U.S.A.
Process Date:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy Expiration Date:
© 2011, The Hartford
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
A. If this policy is cancelled by the Company, other
than for non-payment of premium, notice of such
cancellation will be provided at least thirty (30)
days in advance of the cancellation effective
date to the certificate holder(s) with mailing
addresses on file with the agent of record or the
Company.
B. If this policy is cancelled by the Company for
non-payment of premium, or by the insured,
notice of such cancellation will be provided
within ten (10) days of the cancellation effective
date to the certificate holder(s) with mailing
addresses on file with the agent of record or the
Company.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file
with the agent of record or the Company will be
sufficient proof of notice.
Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued a certificate of insurance applicable to this
policy’s term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
57WECAB10L8 02/01/2022
Municipal Resource Group, LLC (MRG)
PO BOX 561
Wilton, CA 95693
02/01/2023 2/8/2022
#17..
- 790 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 13, 2022
Date: August 22, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: First Amendment Polygraph Examination Services Agreement CONTACT: Chris Adams, Lieutenant, [email protected], 209.572.9500 DESCRIPTION:
Consider approving an Amendment to the Purchase Agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional Polygraph Examinations, by $26,800 annually for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.
BACKGROUND:
The Modesto Police Department utilizes polygraph services as part of its rigorous hiring process.
This process, which also includes a comprehensive background investigation, helps the department make selections of viable, high quality candidates.
The hiring process for both sworn and non-sworn employees is a long and extensive process of which the polygraph exam is an early and critical screening tool. Due to a significant increase in vacancies, the department has been processing a higher than usual volume of candidates through the hiring process and therefore sending a higher than anticipated number of candidates through the polygraph phase of hiring. Due to the vast array of candidates, the department is also experiencing a higher failure rate at the polygraph phase of hiring.
DISCUSSION:
On February 2, 2021, the City Council approved, by Resolution No. 2021-029, an agreement for polygraph services with Mansfield, Lierly & Associates of Citrus Heights, CA for a one (1) year agreement with two (2) one-year extension options, for an annual estimated cost of $45,225 and a total amount not to exceed $135,675 over three years, based on 135 polygraph exams annually. #18..
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City Council, September 13, 2022
First Amendment Polygraph Examination Services Agreement
The Modesto Police Department’s recruitments have always been cyclical in nature due to retirements, separations and promotions. The hiring process is a long and extensive process of which the polygraph exam is vital. At current, the department has 41 vacancies to fill – of these, 21 are sworn and 20 are non-sworn. Both sworn and non-sworn positions are screened utilizing the polygraph exam. In order to maintain proper staffing levels, the department’s ability to continually move candidates through the polygraph exam process must not be hindered.
The current Mansfield, Lierly & Associates agreement year resets on January 12, 2023 for the annual cost amount and annual total number of exams. Based on the use in 2021 and year-todate in 2022, the department is estimating that it will exceed the allowable annual number of exams (and thus the annual allowable expenditure amount) by 80 polygraph exams as it is averaging up to 18 polygraph exams per month. As such, the department is seeking to increase the amount of allowable annual polygraphs in the agreement by 80 polygraph exams for an estimated cost increase of $26,800 each remaining year of the agreement, including the current one, for a total of two (2) years and up to $53,600.
FISCAL IMPACT:
The following is an agreement year breakdown of polygraph examinations for the current agreement:
Agreement Year # of Exams Cost
2021 actuals 116 $38,860
Estimated 2022 (8 months total actuals = 125 exams) 215 $72,025 Estimated 2023 215 $72,025
Sufficient funds are available in the current Police Department Fiscal Year Operating Budget in the Records and Support cost center’s professional services account which resides in the General Fund. Funds are budgeted each fiscal year for the provision of polygraph examinations as it is a fundamental requirement in the Department’s hiring process and other line items in the professional services account will be adjusted to accommodate this increase.
COMMITTEE RECOMMENDATION:
This item was not presented to a Council Committee due to the time constraints for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Amendment to the Purchase Agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional Polygraph Examinations, by $26,800 annually for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275.
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City Council, September 13, 2022
First Amendment Polygraph Examination Services Agreement
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement 196687 – Mansfield, Lierly & Associates
3. First Amendment to Agreement 196687 – Mansfield, Lierly & Associates #18..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING AN AMENDMENT TO THE PURCHASE
AGREEMENT WITH MANSFIELD, LIERLY & ASSOCIATES, CITRUS
HEIGHTS, CA, FOR ADDITIONAL POLYGRAPH EXAMINATIONS, BY
$26,800 ANNUALLY FOR A REVISED ESTIMATED ANNUAL AMOUNT OF $72,025 AND A REVISED TOTAL AMOUNT NOT TO EXCEED $189,275 WHEREAS, on February 2, 2021, the City Council approved, by Resolution No. 2021-029, an agreement for polygraph services with Mansfield, Lierly & Associates of Citrus Heights, CA for a one (1) year agreement with two (2) one-year extension options, for an annual estimated cost of $45,225 and a total amount not to exceed $135,675 over three years, based on 135 polygraphs exams annually; and WHEREAS, the hiring process for both sworn and non-sworn employees is a long and extensive process of which the polygraph exam is an early and critical screening tool; and
WHEREAS, due to a significant increase in vacancies, the department has been processing a higher than usual volume of candidates through the hiring process and therefore sending a higher than anticipated number of candidates through the polygraph phase of hiring; and
WHEREAS, due to the vast array of candidates, the department is also experiencing a higher failure rate at the polygraph phase of hiring; and WHEREAS, the Modesto Police Department seeks approval to increase the amount of the Purchasing Agreement by $26,800 for additional polygraph examinations for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275.
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an amendment to the Purchasing Agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional polygraph examinations, for a revised estimated annual amount of $72, 025 and a revised total amount not to exceed $189,275.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
/
ATTEST: _______________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 AGREEMENT FOR POLYGRAPH EXAMINATION SERVICES
FOR MODESTO POLICE DEPARTMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2021, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Mansfield, Lierly & Associates hereinafter called CONTRACTOR,
W I T N E S S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. __________ authorizing the award of proposal and contract for the furnishing of Polygraph Examination Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFP 1718-06 for Polygraph Examination Services that best meets CITY needs, and WHEREAS, CONTRACTOR shall provide services to CITY as defined in the “Scope-of-Work”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Polygraph Examination Services, as described in RFP 1718-06, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK.
a. CONTRACTOR shall furnish As Needed Polygraph Examination Services and insurance necessary to furnish (service), in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F February 2nd
2021-029
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2 c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the service defined for the following contracted rates, not to exceed $45,225 annually:
Base Rate shall be defined as the rate of pay, which shall be paid to CONTRACTOR.
2. CITY CONTACT:
City Representative for POLYGRAPH EXAMINATION SERVICES
PURCHASING DEPT. Ph: (209) 577-5405
Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.
3. TERM OF CONTRACT:
The term of the contract shall be for a period of one (1) year Year 1: January 12, 2021 through January 11, 2022
Year 2: January 12, 2022 through January 11, 2023
Year 3: January 12, 2023 through January 11, 2024
This Agreement may be renewed for two (2) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in the form of an amendment to the Agreement. In no such case shall the renewal extend beyond January 11, 2024.
Price will remain firm for the first year of the contract. Price increases for subsequent contract years two (2) through three (3) shall not exceed the Consumer Price Index DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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3 (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by Contractor in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
4. LIABILITY INSURANCE:
CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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4 (c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.
This insurance shall cover any automobile for bodily injury and property damage.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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5 CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.
CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.
CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.
5. PAYMENT:
CONTRACTOR shall invoice CITY at a minimum of a monthly basis.
All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document. The City is exempt from payment of DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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6 Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.
At a minimum invoices shall state the following:
Reference Annual Agreement #: _____________________
City department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
6. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F 196687
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7 With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.
7. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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8 jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
8. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.
9. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:
Proofs of insurance (approved by Risk Management);
Executed Agreement;
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof;
b. Scope-of-Work, attached hereto as Exhibit “B” and made a part hereof; c. RFP 1718-06, attached hereto as Exhibit “C” and made a part hereof;
10. TERMINATION OF SERVICES:
Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F 2021-029
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9 Termination by City for Convenience
TheCitymay also terminate theContractor's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subContractors, but in no event shall recovery by any Contractor or DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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10 subContractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the Contractor in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project. i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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11 for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
11. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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12 which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
12. CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. _____________;
b. Scope-of-Work;
c. Insurance Certificates,
d. City of Modesto Standard Specifications and General Provisions.
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
13. NOTICES:
Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Jeff Lierly (or designee)
Mansfield, Lierly & Associates
7625 Sunrise Boulevard Suite 214
Citrus Heights, CA. 95610
(916) 710-1030
[email protected]
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F 2021-029
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13 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
14. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
15. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
16. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
17. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement
18. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #18..
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14 Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the _____________-day of _____________________, 2021 and _____________________has caused this Agreement to be duly executed.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F Mansfield, Lierly &
Associates 2nd
2021-029
February
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1 FIRST AMENDMENT TO AGREEMENT
FOR POLYGRAPH EXAMINATION SERVICES FOR MODESTO POLICE
DEPARTMENT
This FIRST AMENDMENT to the AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and MANSFIELD, LIERLY & ASSOCIATES. hereinafter collectively referred to as CONTRACTOR.
This FIRST AMENDMENT to the AGREEMENT is made with reference to the following recitals:
A. An AGREEMENT, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 2ND day of FEBRUARY, 2021 for the furnishing of polygraph examination services.
B. CITY and CONTRACTOR desire to amend the AGREEMENT by increasing the previously approved annual estimated amount from $45,225 to $72,025 for the furnishing of polygraph examination services as identified in the AGREEMENT.
C. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.
NOW, THEREFORE, the parties hereto mutually agree to the following:
1. The first paragraph of the AGREEMENT shall be amended to include the following: “Total amount not to exceed $189,275 over three years”.
2. Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has #18..
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2 authorized the execution of this First Amendment to the Agreement by its City Manager and attested by its City Clerk under authority of Resolution No.__________, adopted by the Council of the City of Modesto on the ____ day of _____________, 2022, and Mansfield, Lierly & Associates has caused this First Amendment to the Agreement to be duly executed. #18..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 13, 2022
Date: August 17, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Municipal Code Amendment: Section 12-4.202(b)(2) CONTACT: Laurie A. Smith, [email protected], (209) 577-5347 DESCRIPTION:
Consider an Ordinance amending section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus of Quality of Life and goal to improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and underlying issues.
BACKGROUND:
Section 12-4.202 of the Modesto Municipal Code provides general regulations governing the use of parks related to the specific use of park and recreation areas and facilities. Exceptions to certain regulations, such as driving or operating a vehicle, using fireworks, camping or lodging, and selling refreshments, to name a few, may be approved in advance in writing by the Director of Parks, Recreation and Neighborhoods (Director). The last update to Section 12-4.202 was adopted by the Council in 2008 by Ordinance No. 3472-C.S.
DISCUSSION:
The Parks, Recreation and Neighborhoods Department (PRND) is responsible for regulating the consistent use of City park and recreation facilities and amenities to ensure clarity, safety and security. The safety of the community, integrity of City property, in addition to posted and written protocols, ensure all visitors have an optimum experience. An area of concern, as expressed by the community, is regarding park hours.
City parks are planned and placed within communities and neighborhoods in order to provide many quality-of-life benefits to park visitors and the community in general. Currently, per the #19..
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City Council, September 13, 2022
Modesto Municipal Code Amendment: Section 12-4.202(b)(2)
Modesto Municipal Code, all park hours are set from 6:00 a.m. to 10:00 p.m. However, daylight savings time changes can adversely impact visibility and safety in the City’s parks and trails systems. While most parks have some walkway, trail, and sports field lighting, some do not, and under the cover of darkness, attract illicit and illegal activity, including loitering, camping, controlled substance abuse, public disturbances, illegal dumping, littering and other adverse quality of life-related activities.
Given the complexity and diverse uses across the City’s parks and facilities, a “one size fits all” approach to park hours is not conducive to highest, best-use, of our City’s park and trail systems. After much consideration and review, staff’s recommendation to address the concerns of those visiting or living in close proximity to parks is to amend the Modesto Municipal Code to authorize the Director to set hours of operations for all parks based on the criteria noted above.
In addition, the amendment provides the community with expanded areas where these qualityof-life rules will now apply. These expanded areas include all trails, green-spaces, and recreational facilities. Furthermore, the amendment pertaining to hours will provide the necessary flexibility to adjust the hours, thus providing increased safety and an improved experience for the visitors of the City’s parks and green-space amenities. All affected locations identified for a change in hours would display updated signage and be posted on the City’s website.
This is the introduction and first reading of the ordinance amendment and will go into effect and be in full force and operation from and after thirty days (30) days after its final passage and adoption. The second reading is tentatively scheduled for September 27, 2022. Pending FISCAL IMPACT:
In the event park hours are modified by the Director, the cost for each new sign is estimated at $50-75 per unit. Smaller vinyl overlays on current signs may be a viable option at $10-15 per unit. The cost of the additional signage is currently budgeted within the department’s General Fund budget in the Park Operations’ Division.
COMMITTEE RECOMMENDATION:
This agenda item was previously approved by the Safety and Communities Committee on August 8, 2022, which recommended the item be forwarded to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion introducing and waiving the first reading of an Ordinance amending section 12-
4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities.
Approved by:
Laurie A. Smith, Director
Parks, Recreation and Neighborhoods
Joseph P. Lopez, City Manager
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City Council, September 13, 2022
Modesto Municipal Code Amendment: Section 12-4.202(b)(2)
Attachments:
1. Ordinance
2. Redline MMC with changes
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Created: 2022-07-27 10:53:12 [EST]
(Supp. No. 61)
12-4.202 General Regulations Governing Use of Parks.
(b) Except as otherwise authorized by law, it shall be unlawful and a misdemeanor for any person, firm or corporation to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the City of Modesto.
(1) It shall be unlawful for any person to consume alcoholic beverages without a permit in any City-owned or operated park which has been conspicuously posted with signs alerting the public to this prohibition. (2) The Director is authorized to set hours of operation for all parks, trails, green spaces, and recreation facilities. No persons shall remain in any park, trail, green space, or recreational facility outside the posted hours of operation.No person shall remain in any park between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(3) The prohibitions contained in subsection (b)(2) of this section will not apply to:
(i) Special use facilities, as may be posted by the Department extending use hours; (ii) Any person attending a meeting, entertainment event, recreation activity, dance or similar activity in such park, provided such activity is sponsored or co-sponsored by the Department or permit therefor, has been issued by the Department and/or City; (iii) Any person exiting such park immediately after the conclusion of any activity set forth in subsection (b)(3)(ii) of this section;
(iv) Any peace officer or employee of the City while engaged in the performance of his/her duties. (c) The City of Modesto hereby designates all of its public parks as drug-free zones pursuant to and within the meaning of Health and Safety Code Section 11380.5.
(Added by Ord. 3177-C.S., § 1, amended by Ord. 3310-C.S., § 1, Ord. 3338-C.S., § 1, and Ord. 3472-C.S., § 1, effective 2-21-08)
(Ord. No. 3667-C.S., § 1, effective 4-7-17)
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ORDINANCE NO. _____-C.S.
AN ORDINANCE AMENDING SECTION 12-4.202(b)(2) OF ARTICLE 2 TO CHAPTER 4 OF TITLE 12 OF THE MODESTO MUNICIPAL CODE RELATING TO USE OF PARK AND
RECREATION AREAS AND FACILITIES TO AUTHORIZE THE DIRECTOR OF PARKS,
RECREATION AND NEIGHBORHOODS TO SET HOURS OF OPERATIONS FOR ALL
PARKS, TRAILS, GREEN SPACE, AND RECREATION FACILITIES
The Council of the City of Modesto does ordain as follows:
SECTION 1. AMENDMENT OF CODE. Section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code is hereby amended to read as follows:
12-4.202. GENERAL REGULATIONS GOVERNING USE OF PARKS.
(b) Except as otherwise authorized by law, it shall be unlawful and a misdemeanor for any person, firm or corporation to do or cause or permit to be done any of the acts hereinafter specified within any park owned or operated by the City of Modesto.
(1) It shall be unlawful for any person to consume alcoholic beverages without a permit in any City-owned or operated park which has been conspicuously posted with signs alerting the public to this prohibition.
(2) The Director is authorized to set hours of operation for all parks, trails, green spaces, and recreation facilities. No person shall remain in any park, trail, green space, or recreational facility outside the posted hours of operation.
(3) The prohibitions contained in subsection (b)(2) of this section will not apply to:
(i) Special use facilities, as may be posted by the
Department extending use hours;
(ii) Any person attending a meeting, entertainment
event, recreation activity, dance or similar activity
in such park, provided such activity is sponsored or
co-sponsored by the Department or permit therefor,
has been issued by the Department;
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(iii) Any person exiting such park immediately after the conclusion of any activity set forth in subsection
(b)(3)(ii) of this section;
(iv) Any peace officer or employee of the City while
engaged in the performance of his/her duties
SECTION 2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Modesto hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 4. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
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The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of ____________, 2022, by Councilmember __________, who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: ______________________
SUE ZWAHLEN, Mayor
ATTEST:
BY: ______________________________________
DIANE NAYARES-PEREZ, City Clerk (SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___ day of ________, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: __________________________
MAYOR SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2022
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 13, 2022
Date: August 3, 2022
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: 10-year lease of Airport Hangar 1S to Commemorative Air Force CONTACT: Gabe da Silva, Airport Manager, [email protected], 209-577-5319 DESCRIPTION:
Consider approving a 10-year Lease Agreement with Commemorative Air Force, for Hangar 1S at the Modesto City–County Airport. (Funding Source: Airport Operating Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with the City’s Strategic Plan and Area of Focus “Economic Vitality”, Retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation; Goal E “Drive the success of a vibrant and economically sustainable business climate”.
BACKGROUND:
The Commemorative Air Force (CAF) was founded to acquire, restore and preserve in flying condition a complete collection of combat aircraft which were flown by all military services of the United States, and selected aircraft of other nations, for the education and enjoyment of present and future generations of Americans. CAF also houses a museum for the permanent protection and display of these aircraft as a tribute to the thousands of men and women who built, serviced and flew them. These aircraft are here to perpetuate in the memory and in the hearts of all Americans the spirit in which these great planes were flown in the defense of our nation.
CAF has occupied Hangar 1S of the Modesto Airport since 2006. The CAF has a vast following that reaches beyond local residents building a culture based around history. Their events and activities increase aircraft traffic counts, fuel sales and overall awareness for the Airport as well as support community engagement.
DISCUSSION:
The local CAF squadron has already done considerable improvements over the years since occupying Hangar 1S in 2006, however beginning in 2019 they have completed a large-scale rehabilitation of this historic hangar built in 1929. They would like to enter into a new 10-year lease agreement where they would receive monthly credit towards the lease amount for the completed improvements. Agreements of this type have been a common practice with other Airport tenants who’ve performed rehabilitation efforts. #20..
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City Council, September 13, 2022
10-year lease of Airport Hangar 1S to Commemorative Air Force
Included in the completed rehabilitation of hangar 1S
Materials Hours
1. Construction of Restrooms $69,905.43 1,897
2. Exterior- Stucco and Paint includes enclosing sections of the windows, new ventilation grates, gutter and down spout repair/replacement and removal and glazing of all exterior windows.
$33,172.37 573
3. Interior and Exterior- Structural repairs of the west facing wall. Including framing in the old doors $89.20 74
4. Installation of exterior fire rated doors $2,343.50 16
5. East facing hangar door insulation, sealing and weather-stripping. East facing wall Structural repairs and sheet metal replacement. $524.63 269
6. Interior- Paint, structural repairs to electrical room, drywall patching, refinishing of floor in storage room and LED lighting addition, baseboard installation $6,547.30 869
Total Expenses 2019-2022 $112,582.43
Total CAF Volunteer Hours- 1/2/2019 – 5/6/2022 3,698 hrs Hours billed @ $20.70 per hour as reflected in the previous lease agreement dated June 2012
$76,548.00
Grand Total for Expenses and Labor $189,130.43
The total amount for the completed improvements is $189,131. This amount would be amortized over the term of the lease which calculates out to $18,913 annually and $1,576 monthly. The current lease amount based on the rate schedule dated September 1, 2020 has Hangar 1S listed at $1,821 per month, and as part of this lease agreement CAF would be given a monthly lease credit of $1,576 for the length of their lease agreement making their monthly lease payment $245 per month. for the first 12 months with periodic cost of living adjustments based on the Consumer Price Index annually thereafter. CAF agrees that if the lease is terminated prior to the end of the 10-year period, any and all in-kind and donated improvements would be forfeited and become the property of the City.
Per the lease, CAF shall hold the City harmless for future maintenance, trash collection, and all utilities and taxes to Hangar 1S. All such charges shall be paid by CAF directly to the appropriate service provider.
The rehabilitation of Hangar 1S has brought this historic hangar back to life as well as significantly improved a City owned property. This partnership between the Airport and CAF supports this local nonprofit organization, the community they serve, and their mission to educate, inspire and honor.
FISCAL IMPACT:
The impact for the Airport revenue is approximately $18,913 annually and $189,131 over the term of the 10-year lease.
COMMITTEE RECOMMENDATION:
On August 10, 2022, this item was presented to the Economic Development Committee, and was recommended to forward to Council for approval.
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City Council, September 13, 2022
10-year lease of Airport Hangar 1S to Commemorative Air Force
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a ten-year lease with Commemorative Air Force (CAF) as a non-profit service provider at the Modesto City-County Airport (MOD), and authorizing the City Manager, or his designee, to execute the Lease Agreement.
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Lease Agreement
3. Exhibit A
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING A TEN-YEAR LEASE WITH COMMEMORATIVE
AIR FORCE (CAF) AS A NON-PROFIT SERVICE PROVIDER AT THE
MODESTO CITY-COUNTY AIRPORT (MOD), AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE LEASE
AGREEMENT
WHEREAS, the Commemorative Air Force (CAF) was founded to acquire, restore and preserve in flying condition a complete collection of combat aircraft which were flown by all military services of the United States; and WHEREAS, CAF also provides a museum for the permanent protection and display of these aircraft as a tribute to the thousands of men and women who built, serviced and flew them; and
WHEREAS, CAF has occupied Hangar No 1S since 2006 providing considerable improvements; and
WHEREAS, in 2019 CAF began a large-scale rehabilitation of the historic Hangar No 1S with completion in 2022 totaling $189,131; and WHEREAS, CAF would like to enter into a ten-year lease agreement where they would receive monthly credit towards the lease amount for the completed improvements for the term of their lease; and
WHEREAS, the lease agreement is expected to provide revenues of approximately $2,940 annually in rents to the Airport Enterprise; and WHEREAS, CAF agrees that if the lease is terminated prior to the end of the period, any and all in-kind and donated improvements would be forfeited and become the property of the City.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the 10-year Airport Lease Agreement for the use of Hangar No. 1S between the City of Modesto and Commemorative Air Force, a non-profit service provider.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Lease Agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ___________________________
DIANE NAYARES-PEREZ, CMC City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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AIRPORT PROPERTY LEASE
CITY OF MODESTO
And
Commemorative Air Force (CAF)
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AIRPORT LEASE
This Lease is entered into on September 1, 2022, by and between the City of Modesto, a municipal corporation, hereinafter referred to in this Lease as “Lessor,” and the Commemorative Air Force (CAF), hereinafter referred to in this Lease as “Lessee.”
Subject to the terms and conditions set forth in this Lease, Lessor hereby leases the premises commonly known as Hangar 1S located at 700 Tioga Dr., Modesto, California, hereinafter referred to as “Leased Space”. The Leased Space is outlined in red on Exhibit A which is attached hereto and made a part hereof.
TERM
1. The term of this Lease shall be for a period of 10 years commencing on September 1, 2022, and ending on August 31, 2032 (“Termination Date”), unless terminated earlier as provided in this Lease. If Lessee continues to occupy the Leased Space after the Termination Date, Lessee’s continued occupancy of the Leased Space shall be deemed to be a month-to-month tenancy which may be canceled at any time by Lessor or Lessee.
COMPENSATION
2. For the first year of this Lease, Lessee shall pay Lessor Two Hundred Forty-Five Dollars ($245) per month (“Monthly Lease”). (a) Periodic Cost-Of-Living Adjustment: The Monthly Lease shall be subject to adjustment after the first twelve (12) months of this Lease, and annually thereafter on July 1st of each succeeding year of this Lease. The adjustment shall be based on the Consumer Price Index (base year 1967=100) published by the United States Department of Labor, Bureau of Labor Statistics (“Index”), which is in #20..
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effect on the date the terms commence (“Beginning Index”). The report titled “All Urban Consumers (CPI-U) for Western Region,” Series ID: CUUR0400SAO will be used for the adjustment calculation. The Index published most immediately preceding the adjustment date in question (“Extension Index”) is to be used in determining the amount of the adjustment. If the Extension Index has increased over the Beginning Index, the minimum Monthly Lease for the next twelve (12) months shall be set by multiplying the Monthly Lease set forth herein for the initial period of the term by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In no case shall the minimum Monthly Lease be less than the Monthly Lease set forth herein.
(b) If the Index is changed so that the base year differs from that in effect when the term commences, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other government Index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.
3. In all cases where Lessee is required by this Lease to pay rent, fees, and charges, such payment shall be made to the City Finance Department, City of Modesto, 1010 10th Street, Modesto, California 95354, or at such other place that the City may hereafter designate by notice in writing to the Lessee and shall be made in legal tender of the United States. All checks received by Lessor shall be subject to collection, and the Lessee agrees to pay any bank charges assessed for the collection of such checks. Payments become due on the first of the month and are considered delinquent if not paid by the end of the month. Any delinquent payment shall accrue #20..
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interest on the outstanding balance at the rate of five percent (5%) per month until the outstanding payment is received by Lessor.
4. Lessee shall provide Lessor with a security deposit equal to the Monthly Lease. The security deposit shall be kept by the Lessor in trust until either party notifies the other that they wish to terminate this Lease. Lessor shall return the security deposit within thirty (30) days of the termination of this Lease, so long as there are no outstanding debts owed to Lessor by Lessee, and Lessor has determined no damage has occurred to the Leased Space.
USE OF PREMISES
5. The Leased Space shall be used for Commemorative Air Force’s weekly meetings and special events hosted by Lessee. No other use shall be permitted without the express written consent of the Lessor’s Airport Manager or Lessor’s City Manager.
PROHIBITED USES
6. Lessee shall not commit or permit the commission of any acts on the Leased Space, nor use or permit the use of the Leased Space, in any way that:
(a) Increases the existing rates for or causes cancellation of any fire, casualty, liability, or other insurance policy insuring the Leased Space or its contents;
(b) Violates or conflicts with any law, statute, ordinance or governmental rule or regulation, whether now in force or hereinafter enacted, governing either the Leased Space or the building commonly referred to as Hangar 1S; (c) Obstructs or interferes with the rights of other tenants, lessees or occupants of the building;
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(d) Constitutes the commission of waste on the Leased Space or the commission or maintenance of a nuisance as defined by the laws of California; and/or
(e) Causes business transactions to be conducted in an
unprofessional and unethical manner.
Any use of the leased premises which would, or potentially could, result in environmental contamination of the leasehold or of surrounding property within the meaning of California law is prohibited.
ALTERATIONS OR IMPROVEMENTS
7. (a). All structures and facilities of the Leased Space are leased to the Lessee in an “as is” condition, and all costs for adapting such facilities to the Lessee’s purposes shall be borne by Lessee. No alteration, addition or improvement to the Leased Space shall be made by Lessee without the written consent of Lessor.
Lessee shall submit to Lessor preliminary plans for the alteration, addition or improvement. Lessor shall, in its sole discretion, approve or disapprove the proposed alteration, addition or improvement within fifteen (15) calendar days after its receipt of Lessee’s written request for approval. If Lessor fails to affirmatively approve or disprove the proposed alteration, addition or improvement within the time period referenced above, the proposed alteration, addition or improvement shall be deemed disapproved.
Lessee shall obtain all necessary governmental permits required for any alteration, addition, or improvement approved by Lessor and shall comply with all applicable governmental laws, regulations, ordinances, and codes. Only California licensed contractors shall be used for electrical, heating/air conditioning and plumbing projects, and shall comply with Lessor requirements for licensing, bonding and insurance. All improvements and fixtures attached to the real property shall become the property of #20..
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Lessor on the expiration or other earlier termination of this Lease. However, Lessor shall have the right to require Lessee to remove any fixtures at Lessee’s cost upon termination of this Lease. Should Lessee remove fixtures upon termination of this Lease, Lessee shall repair and restore any damages to the Leased Space caused by such removal.
MECHANICS’ LIENS
8. If Lessee causes any alterations, additions or improvements to be made to the Leased Space, Lessee agrees to keep the Leased Space free of liens for both labor and materials. If a lien is placed on the Leased Space in connection with any construction, repair or replacement work that Lessee may, or caused to be performed under this Lease, which results in a final judgment, Lessor may pay the amount of that judgment. Lessee shall reimburse Lessor for the full amount paid within thirty (30) calendar days after that amount is paid by Lessor; otherwise, Lessee shall be in default under this Lease.
IMPROVEMENTS, MAINTENANCE, AND REPAIRS
9 All structures and facilities on the Leased Premises are leased to Lessee in an “as is” condition and all costs for adapting such facilities to Lessee’s business purposes shall be borne by Lessee. All improvements and fixtures attached to the real property remaining after termination of this Lease shall become the property of the Lessor, except as otherwise agreed upon by contract. No improvements or fixtures shall be constructed or installed without the prior written approval of Lessor’s Airport Manager or Lessor’s City Manager.
b. The below-referenced improvements proposed by Lessee must comply with, any and all public laws, ordinances, regulations, permits, and orders of governmental authority. Only California Licensed contractors shall be used for #20..
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electrical, heating/air conditioning and plumbing projects, and shall comply with City requirements for licensing, bonding and insurance. Any building permits will be posted in a conspicuous manner for inspection by the Lessor. Any improvements and fixtures attached to the real property shall become the property of Lessor on the expiration or other earlier termination of this Lease. However, Lessor shall have the right to require Lessee to remove any fixtures at Lessee’s cost upon termination of this Lease. Should Lessee remove fixtures on termination of this Lease, Lessee shall repair and restore any damages to the Leased Space caused by such removal.
DESCRIPTION OF COMPLETED IMPROVEMENTS
Materials Hours
1. Construction of Restrooms $69,905.43 1,897
2. Exterior- Stucco and Paint includes enclosing sections of the windows, new ventilation grates, gutter and down spout
repair/replacement and removal and glazing of all exterior windows. $33,172.37 573
3. Interior and Exterior- Structural repairs of the west facing wall. Including framing in the old doors $89.20 74
4. Installation of exterior fire rated doors $2,343.50 16
5. East facing hangar door insulation, sealing and weatherstripping. East facing wall Structural repairs and sheet metal replacement. $524.63 269
6. Interior- Paint, structural repairs to electrical room, drywall patching, refinishing of floor in storage room and LED
lighting addition, baseboard installation $6,547.30 869 Total Expenses 2019-2022 $112,582
Total CAF Volunteer Hours- 1/2/2019 – 5/6/2022 3,698 hrs Hours billed @ $20.70 per hour as reflected in the previous lease agreement dated June 2012
$76,548
Grand Total for Expenses and Labor $189,131
The value listed above is an actual cost for improvements with receipts provided.
The Lessee has performed the above-listed improvements to the satisfaction and approval of City, the expenses incurred by the Lessee completing the #20..
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Improvements listed above, will be credited to the Monthly Lease (“Offset Amount”) in the amount of $1576. Lessee will receive a reduction in the Monthly Lease, as approved by City Council Resolution ____________ for the term of this Lease period. c. Lessor will be responsible for timely repairs of all major structural repairs such as roofing, exterior painting, and major electrical repairs. Lessee will be responsible for all other maintenance and repairs including broken windows, doors, fixtures, air conditioning, and heating equipment, and interior painting as well as all interior improvements.
d. Lessee shall keep all equipment and improvements installed by Lessee on the Leased Premises in good repair and operating condition. The Leased Premises shall be kept clean and free of all trash and debris. All improvements and fixtures attached to the Leased Premises shall at Lessor’s option become and remain the property of Lessor upon the termination of this Lease, except as otherwise agreed upon in writing by the parties hereto.
e. Lessee shall make any and all additions to or alterations in any buildings and improvements on Leased Premises which may be required by, and shall otherwise observe and comply with, any and all public laws, ordinances, regulations, and orders of governmental authority applicable to said leased premises and/or Lessee activities thereon.
f. Lessor and its representatives shall have the right during normal business hours to enter upon the leased premises and the improvements thereon for the purpose of inspection, and Lessee shall at their sole cost and expense carry out and complete any repairs or maintenance to the Leased Premises required by law, #20..
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ordinance, rule, regulation or Airport policies or procedures which apply to the general operation of aviation activities at the Airport.
g. Any proposed changes, removals, alterations or additions to buildings and improvements already existing on the Leased Premises at the commencement of this Lease or constructed by Lessee on the Leased Premises shall be submitted to Lessor for Lessor’s written approval as to the aspects, location, layout and design, as well as architectural and aesthetic designs. Such proposals shall include an architect’s estimate of costs for such changes, removals, alterations or additions.
There shall be no changes, removals, alterations or additions made to buildings and improvements already existing on the Leased Premises or constructed by Lessee on the Leased Premises without Lessor’s prior written approval. h. Lessor reserves the right to notify Lessee in writing, to maintain or repair any improvements located on the Leased Premises. If Lessee fails to make such maintenance and repairs within thirty (30) days from the date of said notice from Lessor, Lessor may perform such maintenance or repairs, and Lessee shall within ten (10) days after receiving written notice thereof pay the Lessor for the cost of performing the maintenance and/or repairs, including a ten percent (10%) administrative fee.
At the expiration or sooner termination of this Lease, Lessor may, at Lessor’s election, demand the removal from the premises of all fixtures and improvements. A demand by Lessor to take effect at the normal expiration of the term shall be effected by notice given at any time within six (6) months before the expiration date. A demand to take effect on any other termination of the Lease shall be effected by notice given in or concurrently with notice of such termination or within thirty (30) days #20..
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after such termination. Lessee shall comply with the notice before the expiration date, for normal termination, and within sixty (60) days after the notice for other terminations.
At the expiration or termination of the Lease, provided Lessee is not then in default, Lessee shall have the right to remove any and all trade fixtures, provided all results and injuries to the premises and remaining improvements are completely remedied, and Lessee complies with Lessor’s reasonable requirements respecting the results and appearance. At the expiration or sooner termination of the term, Lessor may, at Lessor’s election, demand the removal from the premises of all fixtures, provide Lessor notified Lessee in writing no later than ninety (90) days prior to the expiration date.
A demand to take effect on any other termination of the Lease shall be effected by written notice given on or concurrently with notice of such termination, or within sixty (60) days after such termination.
Lessee shall comply with removal before the expiration date for normal terminations and within sixty (60) days after notice for such other terminations. Upon written request from Lessee, Lessor shall, from time-to-time, execute and deliver any instrument that may be required by any equipment supplier, vendor, Lessor and/or Lender whereby Lessee waives and/or releases any right it may have or acquire with respect to any equipment or trade fixtures Lessee or any sub-lessee of Lessee may affix to the premises, and agree that the same do not constitute realty, provided such equipment or trade fixtures are attached in such a manner to the premises or improvements that they may be removed without causing structural damage.
INSPECTION AND REVIEW BY LESSOR
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10. Lessee shall permit Lessor or Lessor’s agents, representatives, or employees to enter the Leased Space at all reasonable times for the purpose of inspecting the Leased Space to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor’s interest in the Leased Premises under this Lease. Lessee shall keep all equipment and improvements installed by Lessee on the Leased Premises in good repair and operating condition. The Leased Premises shall be kept clean and free of all trash and debris. Lessor reserves the right to review the nature and quality of service rendered by Lessee hereunder, and to require all practices objectionable to Lessor to be either remedied or discontinued.
COMMON AREAS
11. Lessee, their agents, employees, servants, customers, and invitees are authorized to use, in common with the general public, building restrooms, airport roadways and parking areas. Lessee shall have full and unrestricted right of access to and egress from those portions of the Airport occupied by Lessee which privilege shall extend to the employees, business visitors, customers, guests and invitees of the Lessee.
SECURITY AND LOCKS
12. Lessee shall, at its own expense, provide reasonable security for the Leased Space and any improvements now existing or hereafter erected or installed on the Leased Space subject to the approval of the Lessor’s Airport Manager, including but not limited to installation and maintenance of a burglar alarm system. Said burglar alarm system need not be installed until required by Lessor’s Airport Manager. Lessee #20..
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shall not install or place additional locks or bolts of any kind upon any of the doors of the Leased Space and shall make no changes whatsoever in existing locks.
SIGNS
13. Lessee shall not place any signs upon the premises without Lessor’s written consent of the Airport Manager.
UTILITIES AND TAXES
14. Lessee shall pay and hold Lessor and the property of Lessor free and harmless from all charges for the furnishing of trash collection, telephone service and other public utilities to the premises not identified in this Lease as Lessor’s responsibility. All such charges shall be paid by Lessee directly to the provider of the service and shall be paid as they become due and payable but in any event before delinquency. Lessee shall within ten (10) calendar days of receipt of an invoice from Lessor’s Airport Manager, reimburse Lessor for all charges for electricity and heating. If applicable, the Airport Manager shall determine the amount of reimbursement due from Lessee by prorating the amount of building space utilized by Lessee, Lessor and any other tenants or lessees. Lessor shall be responsible for all water and sewer charges, if applicable, associated with the operation of the premises commonly known as Hangar 1s.
15. Lessee recognizes and understands this Lease may create a possessory interest subject to property taxation, and Lessee may be subject to the payment of property taxes on such interest. Lessee further agrees to pay, without offset or the right to deduct from rental fees as provided for herein, any and all property taxes, if any, assessed during the term of this Lease against Lessee’s possessory interest in the Leased Space.
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RIGHTS AND PRIVILEGES RESERVED BY LESSOR
16. In addition to any rights herein retained by it, Lessor reserves the following privileges:
(a) The right, without interference or hindrance, to further develop or improve the landing area or other portions of the Airport, and it sees fit, regardless of the desires or views of the Lessee. Such improvements shall be made in such a manner as to cause the Lessee as little inconvenience as possible, and so as not to prevent Lessee from carrying out its usual activities at the Airport. (b) The right to take any action Lessor considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent the Lessee from erecting or permitting to be erected any structure, including antennas, on the Airport which in the opinion of the Lessor’s Airport Manager would limit the usefulness of the Airport or constitute a hazard to aircraft. (c) The right, during the period of war or national emergency, to lease the Airport or any part thereof to the United States Government for military or civil use, and if any such lease is executed, the privileges of this Lease, insofar as they are inconsistent with the privileges of the lease to the government, shall be suspended. (d) Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep and repair the landing area of the Airport and all publiclyowned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard.
(e) The right of flight for the passage of aircraft in the airspace above the surface of the Leased Space and to cause any noise inherent to the operation of aircraft while in flight or landing or taking off from the Airport. #20..
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(f) The right to prohibit and does hereby so prohibit the erection of any structure or object, nor permit the growth of any tree on the Leased Space in accordance with the provisions of Federal Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace. In the event the aforesaid covenants are breached, Lessor reserves the right to enter upon the Leased Space and to remove the offending structure or object and cut the offending tree all of which shall be at the expense of the Lessee.
(g) The right to prohibit and does hereby so prohibit the use of the Leased Space in any manner which might interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached by Lessee, Lessor reserves the right to enter upon the Leased Space and cause the abatement of such interference at the expense of the Lessee.
INSURANCE
17. Lessee 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 Lessee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee.
(a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis including property damage, bodily injury and personal injury with limits no less than One Million Dollars ($1,000,000.00) per occurrence. If a general aggregate limit applies, either the general #20..
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aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit.
(b) Workers’ Compensation insurance as required by the
State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease (for lessees with employees).
(c) Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. If the Lessee maintains higher limits than the minimums shown above, the Lessor requires and shall be entitled to coverage for the higher limits maintained.
Other Insurance Provisions:
The policies are to contain, or be endorsed to contain, the following provisions:
1. For General Liability, the City of Modesto, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to the Lessee.
2. The Lessee’s insurance coverage shall be primary insurance as respects the Lessor, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the Lessor, its officers, officials, employees, or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it.
3. Each insurance policy required above shall contain, or be endorsed to contain, a waiver of all rights of subrogation against the Lessor, only with respect to CAF negligence.
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4. Each insurance policy shall be endorsed to state that coverage shall not be canceled except after thirty (30) days’ prior written notice (ten (10) days for nonpayment) has been given to the Lessor.
5. The Property insurance shall name the City of Modesto as Loss Payee as its interests may appear.
Insurance is to place with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Lessor.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retentions must be declared to and approved by the Lessor. At the option of the Lessor, either: the Lessee shall obtain coverage to reduce or eliminate such deductibles or self-insured retentions as respects the Lessor, its’ officers, officials, employees, and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the Lessor guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Verification of Coverage
Lessee shall furnish the Lessor with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the Lessor before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the lessee’s obligations to provide them. The Lessor reserves the right to require complete, certified copies of all required insurance policies, including endorsement, required by these specifications, at any time. #20..
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Waiver of Subrogation
Lessee hereby grants to Lessor a waiver of any right to subrogation, only with respect to CAF negligence which any insurer of said Lessee may acquire against the Lessor by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the Lessor has received a waiver of subrogation endorsement from the insurer.
Special Risks of Circumstances
Lessor reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
INDEMNIFICATION
18. (a) Lessee’s Hold-Harmless Clause
Except as otherwise provided in paragraph 18(b) Lessee, its officers, officials, employees, agents, volunteers and organization members participating with Lessee, shall indemnify and hold Lessor and the property of Lessor, including the premises, free and harmless from any and all liability, claims, loss, damages, or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including Lessee or any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused or allegedly caused by, (1) any cause whatsoever while that person or property is in or on the premises or in any way connected with the premises or with any improvements or personal property on the premises; (2) some condition of the premises or some building or improvement on the premises; (3) some act or omission on the premises of Lessee #20..
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or any person in, on, or about the premises with the permission and consent of Lessee; or (4) any matter connected with Lessee’s occupation and use of the premises. .
(b) Lessor’s Hold-Harmless Clause
Notwithstanding the provisions of paragraph 18(a) of this Lease, Lessee shall be under no duty to indemnify and hold Lessor harmless from any liability, claims, or damages arising because of Lessor’s failure to make any repairs required by this Lease to be made by Lessor or because of any negligence or willful acts or misconduct by Lessor or by any person who is an agent or employee of Lessor acting in the course and scope of its agency or employment. Lessor agrees to indemnify, defend, protect, and hold Lessee free and harmless from and against any liability, claims, or damages arising from or in connection with Lessor’s failure to make any repairs required by this Lease to be made by Lessor or because of any negligence or willful acts or misconduct by Lessor or by any person who is an agent or employee of Lessor acting in the course and scope of its agency or employment.
DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Lease, or the breach, termination execution, enforcement, interpretation, or validity of this Lease, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California, by one arbitrator, except as otherwise specified in this Lease. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator #20..
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may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Lessee with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Lessee so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Lessee to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Lessee. Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00). In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Lessee shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Lessee may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
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arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in a written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Lease shall not operate as an exclusion of the issue of punitive damages from this Lease to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
Lessee further agrees to hold City harmless from and indemnify it against the cost (including reasonable attorney and expert fees and court costs) of any environmental contamination caused or contributed to be by Lessee.
CONDEMNATION
19. If all or any part of the Leased Space of the Airport is taken under the power of eminent domain, or if condemned, then either party shall have the right to terminate this Lease by giving the other party thirty (30) calendar days written notice of such termination. Lessee shall have no claim against Lessor or the entity exercising eminent #20..
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