Agenda packet, second session — National City City Council, June 21, 2022 (part 1 of 3)

ALEJANDRA SOTELO-SOLIS
Mayor

MARCUS BUSH
Vice Mayor

RON MORRISON
Councilmember

MONA RIOS
Councilmember

JOSE RODRIGUEZ
Councilmember

1243 National City Blvd.

National City, CA 91950
619-336-4240

Meeting agendas and
minutes available on the
City’s website at
WWW.NATIONALCITYCA.GOV

NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority.

The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19).

The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act.

As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve.

A live webcast of the meeting may be viewed on the city’s website at www.nationalcityca.gov. For Public Comments see “ PUBLIC COMMENTS” section below

ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meeting s begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting . If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of t he Community Development
Commission (CDC).

REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the me eting, are available for review on the City’s website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City’s website at www.nationalcityca.gov.

PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below:

Submit your public comment prior to the meeting: To submit a comment in writing, email [email protected], provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comm ent is not related to a specific agenda item,

AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY OF

THE CITY OF NATIONAL CITY

ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast

LIVE WEBCAST

COUNCIL CHAMBERS

CIVIC CENTER
1243 NATIONAL CITY BOULEVARD

NATIONAL CITY, CALIFORNIA
TUESDAY, JUNE 21, 2022 – 6:00 PM

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indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record.

Register online and participate in live public comment during the meeting : To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting.

***Please note that you do not need to pre-register to watch the meeting online, but you must pre-register if you wish to speak.

Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties.

***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. P ublic microphones will be muted until it is your turn to comment.

Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated.

All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whol e and avoid personal attacks against members of the public, City Council, and city staff.

Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at [email protected].

INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre-Register on Zoom . Once logged into Zoom to use the interpretation feature , please scroll to the bott om of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (…), then Interpretation, and then choose your language.

WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted.

CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent port ion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public.

Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with th e Americans with Disabilities Act. Please 2 of 582

contact the City Clerk’s Office at (619) 336 -4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID -19 sigue siendo nuestra máxima prioridad. El Ayuntamiento de la Ciudad de National City se está coordi nando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagación del nuevo coronavirus (COVID -19). La Organización Mundial de la Salud declaró el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspensión de ciertas leyes de reuniones públicas, tal como la Ley Brown.

Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se llevará a cabo solamente en línea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podrá ver una transmisión en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios públicos, vea la sección “COMENTARIOS PÚBLICOS” más adelante.

ORDEN DEL DÍA: Las sesiones públicas de todas las juntas ordinarias del Concejo Municipal/Comisión de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Órgano Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes.

Las audiencias p úblicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesión abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesión cerrada, la junta se realiza como sesión cerrada. Si se programa una reunión de discusión y análisis, el tema y la hora de la misma aparecerán en la agenda. La Alcaldesa y los Concejales se reúnen por igual que el Presidente y los integrantes del Consejo de la Comisión de Desarrollo Comunitario.

INFORMES: Todos los temas e informes de la agenda de la sesión abierta, así como todos los documentos y escritos entregados al Órgano Electo menos de 72 horas antes de la sesión, aparecerán en el sitio web del Ayuntamiento. Las juntas ordinarias del Órgan o Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.

COMENTARIOS PÚBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escu chadas y consideradas por nuestro Concejo Municipal como se describe a continuación:

Envíe su comentario público antes de la sesión: Para enviar un comentario por escrito, envíe un correo electrónico a [email protected], proporcione el núme ro del tema o asunto de la agenda y el título del tema o asunto en la línea de asunto de su correo electrónico. Los comentarios o testimonios públicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto específico de la age nda, indique Comentario Público General en la línea de asunto. Todos los comentarios por correo electrónico recibidos antes de las 4:00 p.m. del día de la sesión se enviarán por correo electrónico a los miembros del Concejo Municipal y formarán parte del acta oficial.

Regístrese en línea y participe en los comentarios públicos en vivo durante la sesión:

Para proporcionar comentarios públicos en vivo durante la sesión, debe registrarse previamente en el sitio web del Ayuntamiento en
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https://www.nationalcityca.gov/publiccomment antes de las 4:00 p.m . del día de la junta ordinaria para incorporarse a la sesión del Concejo Municipal.

***Tenga presente que no necesita registrarse previamente para ver la sesión en línea, pero debe registrarse previamente si desea hablar.

Una vez registrado, recibirá un correo electrónico con un enlace de Zoom para integrarse a la sesión en vivo. Puede participar por teléfono o por computadora. Tómese el tiempo necesario para iniciar la reunión en Zoom an tes del inicio de la sesión para asegurarse de no encontrar dificultades técnicas de último momento.

***Tenga presente que las personas del público no se mostrarán en vídeo; podrán observar, escuchar y hablar cuando se les solicite. Los micrófonos público s se silenciarán hasta que sea su turno de comentar.

Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extensión de los comentarios debido a la cantidad de personas que deseen h ablar o si los comentarios se vuelven repetitivos o no relacionados.

Todos los comentarios están sujetos a las mismas reglas que de otro modo regirían los comentarios de los oradores en la sesión. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del público, el Concejo Municipal y el personal del Ayuntamiento.

¿Preguntas sobre comentarios públicos o protocolos del Concejo Municipal? Comuníquese con la Oficina de la Secretaria del Ayuntamiento al teléfono (619) 336 -4228, o por correo electrónico a [email protected].

SERVICIO DE INTERPRETACI ÓN: Para utilizar la función de interpretación zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesión en zoom para utilizar la función de interpretación, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Haga clic en el ícono de interpretación (globo terráqueo), y seleccione " Spanish" (español). Si está utilizando la aplicación móvil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (…), luego "interpretation" y luego el idioma.

AGENDA ESCRITA: Con contadas excepciones, el Órgano Electo puede tomar medidas únicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido después de haber sido publicada la agenda.

CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los tema s de consentimiento se adoptan mediante la aprobación de una sola moción del Concejo Municipal. Antes de la aprobación, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a petición de un concejal, individuo d el personal del Ayuntamiento o persona del público.

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Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al teléfo no (619) 336 -4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificación o adaptación de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesión permitirá al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.

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OPEN TO THE PUBLIC

A. CITY COUNCIL

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC COMMENTS (THREE-MINUTE TIME LIMIT)

PROCLAMATIONS AND CERTIFICATES

AWARDS AND RECOGNITIONS

1. Employee of the Quarter 2022 - Giovanni Corado, Police Officer. (Police)

PRESENTATIONS (FIVE-MINUTE TIME LIMIT)

INTERVIEWS / APPOINTMENTS

REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)

CONSENT CALENDAR

2. Motion of the City Council of the City of National City, California, approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk)

3. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 19, 2022, as required by AB 361. (City Clerk)

4. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services. (City Attorney)

5. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an Agreement with Meyers Nave for Employment and Labor Legal Services. (City Attorney)

6. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an Agreement with Burke Williams & Sorensen, LLP for Employment and Labor Legal Services. (City Attorney) 6 of 582

7. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an Agreement with Olivarez Madruga Law Organization, LLP for Employment and Labor Legal Services. (City Attorney)

8. Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute the Second Amendment to the Agreement with The Pun Group, LLP for independent auditing services for the fiscal year ending June 30, 2022, extending the agreement to July 17, 2023. (Finance)

9. Resolution of the City Council of the City of National City, California, approving an amendment to the salary schedule for the Part -Time and Seasonal employee classifications to increase wages by 3% effective the first full pay period of July 2022, January 2023, and July 2023. (Administrative Services)

10. Resolution of the City Council of the City of National City, California adopting City Council Policy #203, “Investments,” as amended, for fiscal year 2022. (Finance)

11. Resolution of the City Council of the City of National City, California approving and adopting the annual appropriations limit for fiscal year 2023 in the amount of $76,915,463. (Finance)

12. Resolution of the City Council of the City of National City, California, authorizing the transfe r of funds from the General Fund Unassigned Fund Balance Reserve to the General Fund’s Committed Fund Balance Components named the Economic Contingency Reserve and the Facilities Maintenance Reserve. (Finance)

13. Resolution of t he City Council of the City of National City, California authorizing the establishment of an appropriation and corresponding revenue budget for $60,000 for the California Governor's Office of Emergency Services (Cal OES) Grant for the reimbursable grant pu rchase of a High Frequency Communications System for the Emergency Operations Center (EOC). (Fire)

14. Resolution of the City Council of the City of National City, California authorizing the City Manager to execute an agreement b etween the City of National City and Columbia Telecommunications Corporation (CTC) to provide administrative and fiscal services in conjunction with the California State Library’s Broadband Services Project. (Library and Community Services)

15. Resolution of the City Council of the City of National City, California authorizing the Mayor to execute an agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to December 31, 20 22 to provide aquatic programs and services 7 of 582

at Las Palmas Pool located at 1800 East 22nd Street. (Library and Community Services)

16. Resolution of the City Council of the City of National City, California authorizing the appropr iation of additional fund in amount of $148,934.25 (Supplement #71) for Phase II – Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Manageme nt Agency (FEMA); 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $49,644.75 (Supplement #71). (Engineering/Public Works)

17. Resolution of the City Council of the City of National City, California, 1) accepting the Clean California Local Grant; 2) authorizing the City Manager or designee to execute the grant agreement for the National City Eastside I -805 Community Greenbelt Project in the amount of $4,998,761; and 3 ) approving the establishment of an Engineering Grant Funds Appropriation of $4,998,761 and corresponding revenue budget to allow for reimbursement of eligible project expenditures. (Engineering/Public Works)

18. Resolution of t he City Council of the City of National City, California, 1) authorizing the filing of a Strategic Growth Council Transformative Climate Communities (TCC) Planning Grant application in the amount of $300,000; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $300,000 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the program. (Engineering/Public Works)

19. Warrant Register #44 for the period of 4/29/22 through 5/05/22 in the amount of $2,565,763.27. (Finance)

20. Warrant Register #45 for the perio d of 5/06/22 through 5/12/22 in the amount of $592,708.06. (Finance)

21. Warrant Register #46 for the period of 5/13/22 through 5/19/22 in the amount of $2,059,050.50. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

22. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California accepting the National City 2022/2023 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2022 -23 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City C lerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer 8 of 582

service charges with the San Diego County Auditor. (Engineering/Public Works)

23. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23. (Planning)

NON CONSENT RESOLUTIONS

24. Resolution of the City Council of the City of National City authorizing various fiscal year 2022 3rd Quarter budget adjustments. (Finance)

NEW BUSINESS
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

25. Resolution of the Community Development Commission -Housing Authority of the City of Nati onal City, California, authorizing the Executive Director to execute a Regulatory Agreement with Southern Highlands Apartments L.P., providing for a restriction of rents at 60% of Area Median Income for 55 years on a 151 -unit rental housing project located at 2525 Highland Avenue in National City (“Project”) and approve a $10,000 grant to assist in the Project. (Housing Authority)

NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS

STAFF REPORTS

26. Public Meeting Protocols - Return to In-Person Meetings. (City Manager)

27. Update on the disposition of City -owned real property located at 921 and 929 National City Boulevard, National City. (Housing Authority)

28. City Manager Report. (City Manager)

MAYOR AND CITY COUNCIL

CLOSED SESSION

CLOSED SESSION REPORT
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ADJOURNMENT
Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - August 2, 2022 - 6:00 p.m. - Council Chambers - National City, California. 10 of 582

The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2022 - Giovanni Corado, Police Officer. (Police) Please scroll down to view the backup material.
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The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City, California, approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material.
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Item # ___
06/21/22

MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL

CITY, CALIFORNIA, APPROVING THE WAIVING OF THE

READING OF THE TEXT OF THE ORDINANCES OR

RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING

CONSIDERED AT THIS MEETING AND PROVIDING THAT

SUCH ORDINANCES OR RESOLUTIONS SHALL BE

INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
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The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 19, 2022, as required by AB 361. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

None.

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA)

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:
_ Shelley Chapel
__________________
________________

June 21, 2022

Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to July 19, 2022, as required by AB 361 (City Clerk)

City Clerk
Adoption of the resolution would allow the City Council and the City Boards, Commissions and Committees to continue teleconference meetings via Zoom past the September 30, 2021, expiration date of the Governors Executive Order N -08-21. The State of Emerge ncy continues as the COVID -19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public.

Adopting this resolution would allow the City Council to reevaluate this declaration of findings every 30 days for ongoing continuation or further action.

See Attachment A – Explanation regarding Assembly Bill No. 361

Shelley Chapel, MMC, Deputy City Clerk
A – Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS

Staff recommends that the City Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and the City Boards, Commissions and Committees after September 30, 2021 for a period of 30 days from the date of this meeting to be considered again by the City Council for ongoing continuation or further action.

(619) 336-4225

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RESOLUTION NO. 2022 -

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES TO JULY 19, 2022

WHEREAS, the World Health Organization has declared the COVID-19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and

WHEREAS, beginning March 2020, California Governor Newsom executed Executive Order N-29-20 including additional updates as the pandemic progressed and extending into 2021. The most recent Executive Order N -08-21, issued June 11, 2021 waived all physical presence requirements under the Ralph M. Brown Act as a means of limiting the spread of COVID-19; and

WHEREAS, Executive Order N-08-21 is set to expire on September 30, 2021. The date was predicted as a time when hopes were that agencies could begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and

WHEREAS, on September 16, 2021, California Governor Newsom signed into law Assembly Bill (AB) 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, while the state of emergency resulting from the COVID -19 pandemic and accompanying recommendations for social distancing remain in place.

WHEREAS, on October 5, 2021, City Council adopted Resolution No. 2021-147 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on January 4, 2022, City Council adopted Resolution No. 2022-01 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on February 1 , 2022, City Council adopted Resolution No. 2022-11 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on March 1 , 2022, City Council adopted Resolution No. 2022-31 declaring findings to continue to teleconference for an additional 30 days; and

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1 Resolution No. 2022 –
Page Two

WHEREAS, on April 5, 2022, City Council adopted Resolution No. 2022-47 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on May 3, 2022, City Council adopted Resolution No. 2022 -63 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on May 17, 2022, City Council adopted Resolution No. 2022-74 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on June 7, 2022, City Council adopted Resolution No. 2022-85 declaring findings to continue to teleconference for an additional 30 days.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1 : Makes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appoi nted Boards, Commissions, and Committees.

Section 2. Makes the findings that the City of National City meets the requirements to continue holding meeting remotely in order to ensure the health and safety of its staff and the public.

Section 3. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 21st day of June 2022,

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services. (City Attorney)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________

6/21/2022

Resolution of the City Council of the Cit y of National City, California, authorizing the City Manager to execute an agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services.

City Attorney

Explanation is attached.

Charles E. Bell, Jr., City Attorney
• Staff Report
• Request for Qualifications
• Agreement
• Resolution

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS

HR Professional Services Expenditures:
001-407-083-200

Adopt Resolution approving the City Manager to execute an agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services.

(619) 336-4220

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CITY OF NATIONAL CITY

STAFF REPORT

DATE: June 21, 2022

TO: Mayor and City Council

FROM: Charles E. Bell, Jr., City Attorney

SUBJECT: Resolution of the City Council of the City of National City, California, authorizing the City Manager to execute an agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services.
_________________________________________________________________________

The contract will provide Employment and Labor Law legal services for the City of National City (“City”). Specific responsibilities would include, but are not limited to: 1) advise the City on all aspects of labor and employment law, including disciplinary matters, the impa cts of current and proposed legislation, and the impacts of recent or pending court rulings, 2) review and provide advice on labor and employment policies, reports, and documents, 3) draft labor and employment policy reports and documents on behalf of the City, 4) prepare training materials for City personnel, including the City Council, 5) represent the City in meetings with internal employee bargaining groups and outside agencies, such as the State of California Public Employee Relations Board (“PERB”).

On April 5, 2022, the City Council approved Resolution No. 2022 - 49 authorizing the City Attorney’s Office to issue a Request for Qualifications (“RFQ”) for Employment and Labor Law legal services. The RFQ for Employment and Labor Law legal services was advertised by the City on April 6, 2022 with a deadline of May 5, 2022. By the deadline, 8 responses were received in total.

Of the 8 responses received, the City Attorney’s Office has selected 4 to execute agreements with regarding Employment and Labor Law legal services. Liebert Cassidy Whitmore is one of the 4 selected by the City Attorney’s Office.

Therefore, staff recommends awarding a contract to Liebert Cassidy Whitmore in the not-to- exceed amount of $50,000.00 for a term beginning on the effective date until June 21, 2027.

Liebert Cassidy Whitmore has been providing general legal services regarding labor and employment matters to public sector clients for over 40 years. Liebert Cassidy Whitmore 23 of 582

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REQUEST FOR QUALIFICATIONS FOR

EMPLOYMENT AND LABOR LEGAL SERVICES

1. INTRODUCTION

The City of National City (“City”) is a general law city which operates under a council - manager form of government. The City Council has an elected Mayor, Vice Mayor, and three Councilmembers who are elected at large for a term of four years. The citizens of National City also elect the City Treasurer and City Clerk.

The City Council is responsible for setting policies, enacting ordinances, adopting the budget, reviewing the General Plan, appointing committees, and appointing the City Manager and City Attorney. The City Manager is responsible for carrying out policies and ordinances of the City Council, appointing City department heads, and overseeing the day- to-day operations of the City. National City is organized into the departments of City Manager, City Clerk’s Office, City Attorney’s Office, Building, Planning, Engineering/Public Works, Finance, Fire, Police, Housing & Economic Development, Community Servic es, Information Technology, Library, Neighborhood Services, and Human Resources. The City’s total all funds budget is $107.8 million, and the workforce consists of approximately 360 employees. For more information on the City of National City, please visit their website at: www.nationalcityca.gov

2. THE COMMUNITY

The City of National City was incorporated in 1887 and is a full service, general law city serving a vibrant, socio- economically diverse community. National City’s multi- cultural population, mild climate and central location make National City a great place to live and work. The spirit of National City is a welcoming one, and the residents take great pride in its rich history and traditions, diverse cultures, dynamic and progressive atmosphere, strong community spirit, schools, neighborhoods and vibrant business districts.

National City, San Diego County’s second oldest city is centrally located in the South Bay region of the San Diego metropolitan area, in southwestern San Diego County. National City is truly “In the center of it all.” A thriving bi-national region of 5 million consumers, the City’s competitive edge is its central location, transportation network, and business industry.
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National City is positioned for prosperity, with proximit y to the San Diego Bay, US - Mexico border, downtown San Diego, international airport, rail, San Diego State University, and other colleges and universities. Adjacent to the San Diego Bay, National City can be easily accessed by interstates 5 and 805, and hi ghways 54 and 15. The San Diego Trolley and the Metropolitan Transit System (MTS) services National City 7 days a week. The robust transportation resources conveniently connect the City to the region.

National City is home to over 3,000 businesses – a remarkable number for a city with a population of slightly over 61,000. A variety of industries, ranging from small family - owned operations to multi-million-dollar corporations can be found in National City. The National City Marine Terminal, part of the Unified Port of San Diego, is the most advanced vehicle import and export facility on the West Coast, processing more than 270,000 vehicles annually. Lumber is also imported from the Pacific Northwest for construction use throughout the region. National City’s port area extends three miles along San Diego Bay and is part of the largest U.S. Navy installation on the West Coast.

National City’s 87.2 acres of park land exceeds the statewide norm. The City’s four sprawling major parks include El Toyon Park, Kimbal l Park, Las Palmas Park, and Sweetwater Heights Park, plus the National City Golf Course. The National City recreation division provides programs at the Las Palmas Olympic -sized pool as well as at six recreation centers. The City has 10 elementary schools, 2 middle schools, 1 high school, and 1 community college.

1.1. Purpose of Invitation

This Request for Qualifications (“RFQ”) is focused on obtaining the services of a professional, highly qualified attorney to lead as -needed, general legal services r egarding labor and employment law matters.

Interested and qualified firms who have demonstrated their ability at comparable work are invited to submit their qualifications.

Submittals, requests for information, or questions relative to this Request for Qualifications should be addressed to:

City Attorney
City of National City
1243 National City Blvd.

National City, CA 91950
619-336-4220
[email protected]
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1.2 Submittal Deadline

Qualifications will be accepted until May 5, 2022. The submittal must include one original and one copy.

1.3 Contract Length

The agreement will be effective on date fully executed and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other.

1.4 Scope of Services

The City of National City is seeking an attorney to perform the full range of services related to general legal services regarding labor and employment law matters . Specific responsibilities include, but are not limited to:

1. Advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings.

2. Review and provide advice on labor and employment policies, reports and documents and reports.

3. Draft labor and employment policies reports and documents on behalf of the City.

4. Prepare training materials for City personnel, including the City Council.

5. Provide trainings to City personnel, including the City Council.

6. Represent the City in meetings with internal employee bargaining groups and outside agencies such as the State of California Public Employee Relations Board (PERB).

2.0 SUBMITTAL REQUIREMENTS

The respondent shall follow the format specified below. Each section should be tabbed and labeled in the order shown below.

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2.1 Submittal Cover

The cover shall include the title, submittal due date, name, address, telephone and fax numbers, and e-mail address of the principal contact.

2.2 Table of Contents

The table of contents shall be complete and clear.

2.3 Cover Letter

The letter shall be brief. Any changes to the submittal format or deletions of requested material should be explained in the cover letter. The letter should also include the location of the office(s) in which the proposed attorney(s) is located.

2.4 Statement of Understanding and Proposed Methodology

The respondent shall provide a written narrative that demonstrates an understanding of this invitation and a proposed methodology for implementing the Scope of Services, provided above in Section 1.4.

2.5 Project-Related Experience

This section sha ll include examples of respondent’s experience in the past ten years specifically related to the Scope of Services. This section should also describe respondent’s experience in the following areas:

• Advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings.
• Review and provide advice on labor and employment policies, reports and documents and reports.
• Draft labor and employ ment policies reports and documents on behalf of the City.
• Prepare training materials for City personnel, including the City Council. • Provide trainings to City personnel, including the City Council. • Represent the City in meetings with internal employee bargaining groups and outside agencies such as the State of California Public Employee Relations Board (PERB).

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2.6 Project Personnel

A resume for each attorney proposed to perform as legal services should be provided with their relevant municipal employment law and labor experience.

2.7 Insurance

Respondent shall be required to comply with all the insurance requirements required under the contract, a sample of which is attached hereto.

2.8 Schedule of Rates

Respondent shall include a “Schedule of Rates” in a sealed envelope, including rates for all of the personnel that may provide services under this contract.

2.10 References

The listing of other clients represented is critical and contact information should be provided for reference checks. Please provide at least three public sector clients and three union/employee representatives (if applicable) as references for each professional proposed in Section 2.6. Include each reference’s name, address, and telephone number. In addition, provide a list the municipalities your firm, and in particular, the proposed attorney, provided similar services for within the past three (3) years.

2.9 Additional Required Information

The following information should also be provided:

• Type of firm: individual, partnership, or corporation. • Organizational structure of the firm, history, including number of years in existence, number and location of offices, total number of employees. • Describe the ability of your firm to provide local service to the City. • Names and titles of all principals/officers of the firm (name, title, phone number). • How many years has your firm been providing labor law services to municipalities? • Describe the firm’s philosophy about customer service and quality assurance. • Describe your firm’s resources or methods to provide education on best practices, trends or hot topics.
• Describe the organization’s legal research capabilities and how you communicate legislative updates to your clients.
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• Describe your firm’s commitment to diversity in both your employment practic es and in client relations.

3.0 SELECTION PROCESS AND EVALUATION CRITERIA

3.1 Selection Criteria

The responses will be evaluated based upon the following:

• Respondent’s submittal demonstrates an understanding of the Scope of Services. • Respondent’s knowledge of the law regarding labor and employment law matters. • Availability and accessibility, including the location of the office that will be servicing the City of National City.
• The experience, professional credentials and references of those who will be advising the City of National City.
• Respondent’s commitment to diversity in both your employment practices and in client relations.

3.2 Submittal Selection Process

A selection committee will review the submittals and “short- list” the most qualified respondents. This committee may then choose to interview selected respondents. The proposed attorney(s) from the law firm must attend. Thereafter, a recommendation will be made for a final decision.

3.3 Submittal Schedule

Distribution/Advertisement April 6, 2022
Deadline for response May 5, 2022
Interviews week of May 16, 2022
Selection and Recommendation May 26, 2022
City Council Approval June 7, 2022

3.4 Legal Services Agreement

The firm selected shall be required to enter into a Legal Services Agreement for this project with the City, a sample of which is attached hereto. Any contract resulting from this RFQ shall not be effective unless, and until, approved by the City, which ma y require City Council approval. Upon approval, the contract shall start within 1 day after the award of the contract.

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Before the City executes a contract, the selected firm shall furnish the City certificates evidencing insurance, as required by the City. The City shall be named as additional insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.

4.0 DECLARATIONS AND ADDITIONAL INFORMATION

4.1 The City of National City Rights Regarding this Invitation

The City reserves the right to reject all submittals for any reason without indicating reasons for said rejection. The City accepts no financial responsibility for any costs incurred by respondent. Issuance of this Request for Qualifications does not commit the City to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services.

The City reserves the right to waive any irregularities or informalities in the proposal or proposal process. The City retains the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent.

4.2 Acknowledgement of Amendments

Each firm receiving a copy of this shall acknowledge receipt of any amendment to this Request for Qualifications by signing and returning the amendment with the completed proposal. The acknowledgment must be received by the City of National City at the time and place specified for receipt of qualifications.

4.3 Right to Cancel

The City reserves the right to withdraw or cancel, for any or no reason, at any time, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements.

4.4 Variations in Scope of Work

The City may materially change the scope of services by way of amendment to this RFQ, signed by the City Clerk. The City may waive the written requirement for a variation in the scope of services if, in the opinion of the Cit y, such variation does not materially change the item or its performance within parameters acceptable to the City.

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4.6 Applicable Laws

The contract awarded shall be governed in all respect by the laws of the State of California, and any litig ation related to the contract or this RFQ shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm awarded the contract shall comply with all applicable Federal, State, and local laws and regulations.

4.7 Public Information

All documents received by the City are considered public records and will be made available after the RFQ selection for public inspection and copying upon request.

4.8 Compensation

The respondent agrees, if selected, that compensation shall be governed by the terms set forth and agreed to the in the Legal Services Agreement.

4.9 Independent Contractor Status

The respondent agrees, if selected, that he or she shall perform the services as independent contractor(s) and not employee(s) of the City. The City shall not be considered the employer of respondent. The respondent understands, if selected, the respondent shall have the sole responsibility for deciding the manner and means of providing the services, except as outlined in the final contract and its attachments or exhibits.

4.10 Indemnification

The respondent agrees, if selected, to indemnify and hold harmless the City and all its officers and employees from any and all liability, claims, costs, including reasonable attorney’s fees, demands, damages, expenses, and causes of action as outlined in the contract.

4.11 Examination of Solicitation

The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the City’s knowledge, the information provided is accurate. However, the City does not warrant such accurac y, and any errors or omissions subsequently determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with 31 of 582

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work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City.

5.0 APPENDICES

Appendix A – Sample Agreement

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1 AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
[FULL LEGAL COMPANY NAME]
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made between THE CITY OF NATIONAL CITY, a municipal corporation, (the “CITY”) and , a law corporation (the “FIRM”). This Agreement sets forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services.

Article 1. Retainer. The CITY hereb y retains the FIRM to assist in representing the CITY in connection with litigation and government claims issues, subject to this Agreement.

Article 2. Effective Date and Term . This Agreement shall be effective on _____________ and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney.

Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement.

These services may include the following: consultation with the City Attorney and Risk Management on Government Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff as per the Proposal Letter attached as Exhibit A (“LEGAL SERVICES”). In addition, the City may increase the scope of work with the FIRM’s agreement, and such additional work will be confirmed via a letter that shall bring such work within the scope of this agreement. It is expected that the FIRM will work with the City Attorney and CITY staff.

Article 4. Compensation. Compensation paid under this Agreement shall be as set forth in the Proposal Letter attached as Exhibit A.

A. The FIRM shall not use more than one attorney for the same specific task without the CITY’S approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY.

B. The FIRM agrees to document a plan and budget consis tent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM.

C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed _______________ for LEGAL SERVICES and out -of-pocket 33 of 582
2 disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY.

D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM ma y charge for work performed for the CITY during any travel time.

E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document rep roduction, client-requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:

(1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case-by-case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance.
(6) Equipment, books, periodicals, research materials,
Westlaw/Lexis or like items.
(7) Express charges, overnight mail charges, messenger services or the like, without the CITY’S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case-by-case basis. (8) Travel and meals.
(9) Late payment charge or
interest. Due to the nature of the CITY’S payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly.

F. Bills from the FIRM should be submitted to City Attorney, 1243 National City Boulevard, National City, CA 91950- 4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM.

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3 G. The FIRM agrees to forward to the CITY a statement of account for each one- month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM wil l consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.

H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved.

For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the related work product should be reference (“telephone call re: trial brief,” “interview in preparation for deposition”).
(e) The biller’s professional capacity ( partner, associate, paralegal, etc.) should be included.

(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.

(3) Appropriate.
(a) The CITY does not pay for clerical support,
administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online researc h, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CITY’S payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly.

I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY’S representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost.

(1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost -effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed.

(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or 35 of 582
4 the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.

(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.

Article 5. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services.

Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services.

Article 6. Confidentiality of Work . All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY.

Article 7. Compliance with Controllin g Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

Article 8. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance or the compensation payable to the FIRM.

Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any pe rson or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or w illful misconduct of the CITY, its agents, officers, employees, or volunteers.
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5 Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combine d single limit per accident. Such automobile insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the “location”. The “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the FIR M shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insuran ce required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

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6 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the FIRM does not keep all i nsurance policies required by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self-insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, pri or experience, insurer, coverage, or other special circumstances.

K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Article 11. Drug Free Work Place. The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.

Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medica l condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice ship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an 38 of 582
7 individual or individuals to a profes sional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.

Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to:

City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: [Insert Email Address]
[Insert Email Address]

Notice to the FIRM shall be addressed to:
[insert Firm information here]
Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Article 15. Administrative Provisions.

A. Time of Essence. Time is of the essence for each provision of this Agreement.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, t ogether, shall constitute but one and the same instrument.

C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 39 of 582
8 Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. California Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and al l prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM.

F. Severability. The unenforceability, invalidity, or illegali ty of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.

H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. This prohibition s hall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.

I. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.

K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities a re to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

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9 IN WITNESS WHEREOF, the parties have executed this Agreement on the __________ day of _________________, 2022.

CITY OF NATIONAL CITY

[insert name of firm]
(Corporation – signatures of two corporate officers)
By: ________________________ By: ____________________________ Alejandra Sotelo-Solis, Mayor [insert name and title]

APPROVED AS TO FORM: By: ____________________________
(Name)

___________________________ ____________________________ Charles E. Bell Jr., City Attorney (Print Name)

____________________________

(Title)

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

FOR EMPLOYMENT AND LABOR LAW LEGAL SERVICES WITH LIEBERT CASSIDY WHITMORE IN THE NOT-TO-EXCEED AMOUNT OF $50,000.00.

WHEREAS, the City of National City (“City”) engages outside legal support for specialized areas; and

WHEREAS, on April 5, 2022, the City Council approved Resolution No. 2022 – 49 authorizing the City Attorney’s Office to issue a Request for Qualifications (“RFQ”) for Employment and Labor Law legal services. The RFQ for Employment and Labor Law legal services was advertised by the City on April 6, 2022 with a deadline of May 5, 2022.

By the deadline, 8 responses were received in total; and

WHEREAS, City staff recommends City Council authorize the Manager to execute an Agreement for Employment and Labor Law legal services with Liebert Cassidy Whitmore in the not-to-exceed amount of $50,000.00.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves and authorizes the City Manager to execute an Agreement for Employment and Labor Law legal services with Liebert Cassidy Whitmore in the not- to-exceed amount of $50,000.00.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 21st day of June, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an Agreement with Meyers Nave for Employment and Labor Legal Services. (City Attorney) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________

6/21/2022

Resolution of the City Council of the Cit y of National City, California, authorizing the City Manager to execute an agreement with Meyers Nave for Employment and Labor Legal Services.

City Attorney

Explanation is attached.

Charles E. Bell, Jr., City Attorney
• Staff Report
• Request for Qualifications
• Agreement
• Resolution

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS

HR Professional Services Expenditures:
001-407-083-200

Adopt Resolution approving the City Manager to execute an agreement with Meyers Nave for Employment and Labor Legal Services.

(619) 336-4220

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CITY OF NATIONAL CITY

STAFF REPORT

DATE: June 21, 2022

TO: Mayor and City Council

FROM: Charles E. Bell, Jr., City Attorney

SUBJECT: Resolution of the City Council of the City of National City, California, authorizing the City Manager to execute an agreement with Meyers Nave for Employment and Labor Legal Services.
_________________________________________________________________________

The contract will provide Employment and Labor Law legal services for the City of National City (“City”). Specific responsibilities would include, but are not limited to: 1) advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings, 2) review and provide advice on labor and employment policies, reports, and documents, 3) draft labor and employment policy reports and documents on behalf of the City, 4) prepare training materials for City personnel, including the City Council, 5) represent the City in meetings with internal employee bargaining groups and outside agencies, such as the State of California Public Employee Relations Board (“PERB”).

Of the 8 responses received, the City Attorney’s Office has selected 4 to execute agreements with regarding Employment and Labor Law lega l services. Meyers Nave is one of the 4 selected by the City Attorney’s Office.

Therefore, staff recommends awarding a contract to Meyers Nave in the not -to-exceed amount of $50,000.00 for a term beginning on the effective date until June 21, 2027. Meyers Nave is a leading multidisciplinary law firm in California, serving municipalities and other local public agencies since 1986. Meyers Nave would be a great asset to National City in providing Employment and Labor Law legal Services.
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RFQ for Legal Counsel
Employment and Labor

Page 1 of 9 ends

REQUEST FOR QUALIFICATIONS FOR

EMPLOYMENT AND LABOR LEGAL SERVICES

1. INTRODUCTION

2. THE COMMUNITY

RFQ for Legal Counsel
Employment and Labor

Page 2 of 9 ends

1.1. Purpose of Invitation

Interested and qualified firms who have demonstrated their ability at comparable work are invited to submit their qualifications.

Submittals, requests for information, or questions relative to this Request for Qualifications should be addressed to:

City Attorney
City of National City
1243 National City Blvd.

National City, CA 91950
619-336-4220
[email protected]
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RFQ for Legal Counsel
Employment and Labor

Page 3 of 9 ends

1.2 Submittal Deadline

Qualifications will be accepted until May 5, 2022. The submittal must include one original and one copy.

1.3 Contract Length

1.4 Scope of Services

1. Advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings.

2. Review and provide advice on labor and employment policies, reports and documents and reports.

3. Draft labor and employment policies reports and documents on behalf of the City.

4. Prepare training materials for City personnel, including the City Council.

5. Provide trainings to City personnel, including the City Council.

6. Represent the City in meetings with internal employee bargaining groups and outside agencies such as the State of California Public Employee Relations Board (PERB).

2.0 SUBMITTAL REQUIREMENTS

The respondent shall follow the format specified below. Each section should be tabbed and labeled in the order shown below.

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RFQ for Legal Counsel
Employment and Labor

Page 4 of 9 ends

2.1 Submittal Cover

The cover shall include the title, submittal due date, name, address, telephone and fax numbers, and e-mail address of the principal contact.

2.2 Table of Contents

The table of contents shall be complete and clear.

2.3 Cover Letter

2.4 Statement of Understanding and Proposed Methodology

2.5 Project-Related Experience

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RFQ for Legal Counsel
Employment and Labor

Page 5 of 9 ends

2.6 Project Personnel

A resume for each attorney proposed to perform as legal services should be provided with their relevant municipal employment law and labor experience.

2.7 Insurance

Respondent shall be required to comply with all the insurance requirements required under the contract, a sample of which is attached hereto.

2.8 Schedule of Rates

Respondent shall include a “Schedule of Rates” in a sealed envelope, including rates for all of the personnel that may provide services under this contract.

2.10 References

2.9 Additional Required Information

The following information should also be provided:

RFQ for Legal Counsel
Employment and Labor

Page 6 of 9 ends

• Describe your firm’s commitment to diversity in both your employment practic es and in client relations.

3.0 SELECTION PROCESS AND EVALUATION CRITERIA

3.1 Selection Criteria

The responses will be evaluated based upon the following:

3.2 Submittal Selection Process

3.3 Submittal Schedule

Distribution/Advertisement April 6, 2022
Deadline for response May 5, 2022
Interviews week of May 16, 2022
Selection and Recommendation May 26, 2022
City Council Approval June 7, 2022

3.4 Legal Services Agreement

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RFQ for Legal Counsel
Employment and Labor

Page 7 of 9 ends

4.0 DECLARATIONS AND ADDITIONAL INFORMATION

4.1 The City of National City Rights Regarding this Invitation

4.2 Acknowledgement of Amendments

4.3 Right to Cancel

4.4 Variations in Scope of Work

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RFQ for Legal Counsel
Employment and Labor

Page 8 of 9 ends

4.6 Applicable Laws

4.7 Public Information

All documents received by the City are considered public records and will be made available after the RFQ selection for public inspection and copying upon request.

4.8 Compensation

The respondent agrees, if selected, that compensation shall be governed by the terms set forth and agreed to the in the Legal Services Agreement.

4.9 Independent Contractor Status

4.10 Indemnification

4.11 Examination of Solicitation

RFQ for Legal Counsel
Employment and Labor

Page 9 of 9 ends

work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City.

5.0 APPENDICES

Appendix A – Sample Agreement

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1 AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

Article 1. Retainer. The CITY hereb y retains the FIRM to assist in representing the CITY in connection with litigation and government claims issues, subject to this Agreement.

Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement.

Article 4. Compensation. Compensation paid under this Agreement shall be as set forth in the Proposal Letter attached as Exhibit A.

C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed _______________ for LEGAL SERVICES and out -of-pocket 63 of 582
2 disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY.

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3 G. The FIRM agrees to forward to the CITY a statement of account for each one- month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM wil l consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.

H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved.

(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.

(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or 65 of 582
4 the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.

(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.

Article 5. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services.

Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any pe rson or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or w illful misconduct of the CITY, its agents, officers, employees, or volunteers.
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5 Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.

G. The Certificate Holder for all policies of insuran ce required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

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6 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an 68 of 582
7 individual or individuals to a profes sional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.

Notice to the FIRM shall be addressed to:
[insert Firm information here]
Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Article 15. Administrative Provisions.

A. Time of Essence. Time is of the essence for each provision of this Agreement.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, t ogether, shall constitute but one and the same instrument.

C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 69 of 582
8 Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

F. Severability. The unenforceability, invalidity, or illegali ty of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.

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9 IN WITNESS WHEREOF, the parties have executed this Agreement on the __________ day of _________________, 2022.

CITY OF NATIONAL CITY

[insert name of firm]
(Corporation – signatures of two corporate officers)
By: ________________________ By: ____________________________ Alejandra Sotelo-Solis, Mayor [insert name and title]

APPROVED AS TO FORM: By: ____________________________
(Name)

___________________________ ____________________________ Charles E. Bell Jr., City Attorney (Print Name)

____________________________

(Title)

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2021 Agreement Page 1 of 8 City of National City and
Legal Services MEYERS NAVE PLC

AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

MEYERS NAVE PLC
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made as of the 21st day of June, 2022 between THE CITY OF NATIONAL CITY, a municipal corporation, (the “CITY”) and MEYERS NAVE PLC, (the “FIRM”). This Agreement sets forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services.

Article 1. Retainer. The CITY hereby retains the FIRM to serve as Legal Counsel on as-needed, general legal services regarding labor and employment law matters , subject to this Agreement.

Article 2. Effective Date and Term . This Agreement shall be effective on the date fully executed and continue until June 21, 2027. This Agreement may be terminated at any time by either party with sixty (60) days’ written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney.

Article 3. S cope of Services. The CITY shall have the righ t in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. These services may include the following: as-needed, general legal services regarding labor and employment law matters as per the Proposal attached as Exhibit A, and communications with City staff (“LEGAL SERVICES”).

Article 4. C ompensation. Compensation paid under this Agreement shall be as set forth in Exhibit B.

A. The FIRM shall not use more than one attorney for the same specific ta sk without the CITY’ s approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY.

B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM.

C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $50,000.00 for LEGAL SERVICES and out -of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out -of-pocket disbursements exceed this amount without written authorization of the CITY.

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D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM may charge for work performed for the CITY during any travel time.

E. The CITY further agrees to reimburse the FIRM , in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out -of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:

(1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge.
(2) Storage of open or c losed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case- by-case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items.
(7) Express charges, overnight mail charges, messenger services or the like, without th e CITY’S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case-by-case basis.
(8) Travel and meals.
(9) Late payment charge or interest. Due to the nature of the CITY’S payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly.

F. Bills from the FIRM should be submitted to Charles E. Bell, Jr. , City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM.

G. The FIRM agrees to forward to the CITY a statement of account for each one-month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.

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2021 Agreement Page 3 of 8 City of National City and
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H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the related work product should be reference (“telephone call re: trial brief,” “interview in preparation for deposition”).
(e) The biller ’s professional capacity (partner, associate, paralegal, etc.) should be included.

(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.

(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail.
(b) Due to the nature of the CITY’S payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly.

I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost.

(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.

(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.

Article 5. Independent Contractor . The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. 74 of 582
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Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY . Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services.

Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY.

Article 7. C
ompliance with Controlling Law . The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of th e work, the manner of performance or the compensation payable to the FIRM.

Article 9. I ndemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees , and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers.

Article 10. I
nsurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, 75 of 582
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and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the “location”. The “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to th e CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the FIRM shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the 76 of 582
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CITY’S Risk Manager. If the FIRM does not keep all insurance policies required b y this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self-insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Article 11. Drug Free Work Place . The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.

Article 12 . Non-Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice ship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

Article 13
. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.

Article 14
. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice.

Unless otherwise provided by notice in writing from the respective part ies, notice to the Agency shall be addressed to:

City Attorney
City of National City
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1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: [email protected]

[email protected]

Notice to the FIRM shall be addressed to:

Janice P. Brown
600 B Street, Suite 1650
San Diego, California 92101
tel (619) 330-1700
fax (619) 330-1701
[email protected]
Nothing contained in this A greement shall preclude or render inoperative service or such notice in the manner provided by law.

Article 15. Administrative Provisions.

A. Time of Essence. Time is of the essence for each provision of this Agreement.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. California Law . This Agreem ent shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged 78 of 582
2021 Agreement Page 8 of 8 City of National City and
Legal Services MEYERS NAVE PLC
in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM.

F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.

H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY . This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.

I. No Obligations to Third Parties . Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

CITY OF NATIONAL CITY

By: __________________________
Brad Raulston, City Manager

APPROVED AS TO FORM:

By: ____________________________
Charles E. Bell Jr.

City Attorney

MEYERS NAVE PLC
(Corporation – signatures of two corporate officers)

By: ___________________, Esq.

Camille Hamilton-Pating
Title: _Sr. Principal__________________

By: ____
_______________, Esq.

Janice P. Brown
Title:_Sr. Principal_________________

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EXHIBIT A
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City of National City

EMPLOYMENT AND LABOR LEGAL SERVICES

Janice P. Brown, Senior Principal
Labor & Employment Law Practice

600 B Street, Suite 1650
San Diego, CA 92101
Phone: (619) 330-1703
Fax: (619) 330-1701
Email: [email protected]

www.meyersnave.com

MAY 5, 2022

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COVER LETTER ................................................................................................................... 1 STATEMENT OF UNDERSTANDING AND PROPOSED METHODOLOGY ........................................ 3 PROJECT-RELATED EXPERIENCE ......................................................................................... 5 PROJECT PERSONNEL ....................................................................................................... 12 INSURANCE ...................................................................................................................... 12 SCHEDULE OF RATES ........................................................................................................ 13 REFERENCES .................................................................................................................... 13 ADDITIONAL REQUIRED INFORMATION ................................................................................ 15 APPENDIX A – PROJECT PERSONNEL RESUMES ................................................................. 20 APPENDIX B – CERTIFICATE OF INSURANCE ........................................................................ 21

Table of Contents
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Cover Letter

City Attorney
City of National City
1234 National City Blvd.

National City, CA 91950
(619) 336-4220
[email protected]

Re: Response To RFQ for Employment and Labor Legal Services On behalf of Meyers Nave, I am pleased to submit the enclosed proposal to provide the City of National City (“National City”) with Employment and Labor Legal Services.

I will serve as the contact person for this introduction. As a Senior Principal of Meyers Nave I am authorized to bind the firm and attest that all information in response to this RFP is true and correct. My contact information is as follows:

Janice P. Brown, Principal
Meyers Nave
600 B Street, Suite 1650
San Diego, CA 92101
Tel: (619) 330-1703
Email: [email protected]

Meyers Nave proposes that Senior Associate David Middleton, will serve as lead for the scope of work proposed, with assistance from Senior Associate Alicia M. Morrell, Associate Angelica Pe Benito, Senior Principal Camille Hamilton Pating, Of Counsel Jesse Lad, and me. Our team advises numerous other Cities, Counties, Municipalities and Special Districts and are extremely knowledgeable in Employment and Labor Law issues as they specifically relate to public agencies in California.

Meyers Nave currently serves as outside legal counsel for National City advising on the implementation of the City’s commercial cannabis program, among other matters. Our familiarity with National City, and the City Attorney’s office, make us uniquely qualified to seamlessly transition into this role.

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Thank you for the opportunity to respond to your request for qualifications. We look forward to hearing from you.

Sincerely,

Janice P. Brown
Senior Principal, Labor & Employment Law Practice

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Statement of Understanding and Proposed Methodology

Labor and Employment General Overview

Meyers Nave is a leading multidisciplinary law firm in California, serving municipalities and other local public agencies since 1986. Our recognized attorneys assist hundreds of public entities around the state, including more than 15 cities in Northern California where we serve as the City Attorney. Our labor and employment lawyers also represent a substantial part of our General Counsel role for more than 30 special districts with human resource needs.

In addition, our Labor and Employment Practice Group offers assistance for more specialized needs, including workplace investigations, labor negotiations, and hearings before the California Public Employment Relations Board (PERB). We provide trainings in the full spectrum of labor and employment law, including to governing boards, key management personnel, or all employees, depending on the public agency’s needs. Our services include litigation and appeals, administrative hearings and appeals, labor relations, personnel investigations, audits of policies and programs, general advice and training.

We also have extensive familiarity with the challenges presented by for-cause unionized employment environments and serve as lead labor negotiators to several public entities. We have comprehensive experience with unionized workforces, including public safety and large numbers of associations/unions, the due process requirements that cities face in workplace actions, and the best practices utilized around the state. Locally, we have provided labor and employment services for numerous districts and agencies in Southern California specifically.

Our approach advises our clients on the potential impacts of federal and state prevailing wage statutes and regulations, notably the Davis-Bacon Act and the California Labor Code, related to proposed transactions and public projects, including public-private partnerships. Our attorneys advise staff on prevailing wage compliance and procedures, and have experience related to enforcement hearings before the Department of Industrial Relations.

Furthermore, our attorneys routinely consult with administrators about personnel-related issues including nepotism, outside employment and employee involvement in political activity.

We advise key staff on handling employee discipline, termination, resignation and implementing employment contracts as well as cases involving alleged wrongful termination, whistleblowing, discrimination and harassment issues.

We address on the next two pages the specific areas in the Scope of Services sought by National City.

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Personnel and Labor Advice
Our employment attorneys provide day-to-day counseling, draft and review employee handbooks, conduct internal training programs, handle workplace investigations, administrative claims, grievances, unfair labor practices and employee relations issues, mediation, arbitration, and litigation in state and federal courts. Depending on the agencies’ needs, we sometimes provide only occasional on-call advice as needed.

For many others, we are regularly consulted, including handling larger or on-going accommodation, grievance, discipline, EEOC or other services. We also regularly prepare layoff notices and severance agreements, review and revise policies, advise on the details when employees will be out for medical reasons, prepare responses to unfair labor practices and California Department of Fair Employment and Housing (DFEH) complaints and help settle potential litigation. We guide numerous clients in developing and revising department and agency-wide personnel rules and policies.

Labor and Employment Law Litigation
We provide sophisticated, operations-focused advice on complex issues such as employee classification, discipline and terminations, leaves of absence, workplace culture, social media, disability issues, employee privacy and free speech rights, whistleblower laws, and management of internal and external complaints. Our attorneys are experts in drafting and revising personnel policies, employee handbooks, and employment contracts, as well as conducting audits covering the entire organization or focusing on specific subjects such as hiring practices or workplace safety. When litigation is unavoidable, we have experience defending employers in single- and multi-plaintiff lawsuits involving wage-and-hour issues, wrongful termination, sexual harassment, racial discrimination, disability accommodation, retaliation, defamation, medical leave, and trade secret misappropriation, among others.

Labor Negotiations/Bargaining Units
Our labor lawyers serve as lead negotiator and labor counsel for employers that are involved with labor organizations representing every type of employee—rank and file, management, confidential, professional, and police and fire. We have negotiated hundreds of labor contracts for small, medium, and large employers, including during challenging financial times and during the COVID-19 pandemic. We handle collective bargaining, concession and interest-based bargaining, meet and confer, discipline, grievances, unfair labor practice charges, fact-finding proceedings, interest arbitrations and administrative hearings. Our experience includes preparation and strategy, serving as chief spokesperson at the table, advising on impasse procedures, and briefing management. We also draft and meet with unions on Employer- Employee Relations Rules governing unit and representation processes. A key strength of our negotiations practice is our experience litigating and arbitrating the same issues negotiated at the bargaining table.

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Workplace Investigations
We have had a specialty Workplace Investigations group for more than 10 years, and we have conducted over 250 high-profile investigations on virtually every type of current and emerging workplace misconduct allegation, including ethics violations, hostile work environment, harassment, discrimination, bullying, retaliation, implicit bias, substance abuse and fraud, waste and abuse. We also advise on and supervise internal employer investigations to assure compliance with state and federal laws. Meyers Nave specializes in investigations that involve the leadership ranks of an organization—elected officials, board members, executive officers and management team members, department managers, and key personnel including police and fire chiefs, university faculty, school administrators and chief executive officers. As attorneys who also represent clients in employment litigation, we know how to conduct independent investigations and prepare reports that will withstand scrutiny and credibly serve in a courtroom, arbitration or public domain.

Training
The #MeToo movement revealed that traditional workplace misconduct training that focused on technical legal compliance did not have the intended effect of preventing or stopping inappropriate workplace behaviors. Meyers Nave has created new training programs that enhance workplace culture, incorporate a practical approach and reflect modern workplace scenarios and issues. Our programs provide employees with the awareness, knowledge and tools needed to thrive in today’s complex workplace, including Political Speech on Work Platforms, Harassment and Bullying Prevention, Recognizing and Minimizing Implicit Bias, How to Have Inclusive Conversations about Difficult Issues, Protecting Due Process of the Accused while Investigating Allegations, Promoting a Respectful Workplace, and Bystander Intervention Training. Our anti-harassment training meets all mandatory requirements for employers under AB 1825, AB 1661 and SB 1343, and is available via video conference.

Project-Related Experience

Representative Experience – Labor Negotiations/Bargaining Units

City of Walnut Creek
In our role as Chief Labor and Employment Counsel for the City, Meyers Nave has worked on a range of complex matters, including employee misconduct and leave issues, as well as multiple alleged incidents of misconduct against minors that triggered mandatory reporting obligations under the Child Abuse and Reporting Act.

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Bay Area Air Quality Management District
A Meyers Nave team completed a comprehensive human resources audit for the Bay Area Air Quality Management District. As part of that audit, we reviewed its MOUs and related rules and policies to identify potential legal problems and then advised the human resources department on revising the documents to adhere to best practices.

City of Modesto
For more than five years, Meyers Nave has served as City Attorney for Modesto, a community of more than 200,000 residents. Of Counsel, Jesse Lad serves as the Chief Labor and Employment Counsel for the City.

Contra Costa County
Meyers Nave conducted a comprehensive FLSA audit, including meeting with all unions and departments to understand specific practices and legal concerns. We also served as advisor to Contra Costa County on a long-term project to implement a new payroll system, including working with various departments to identify current FLSA practices and assisting the county controller, counsel, and human resources to assure FLSA compliance. We also represented the county in an appeal of PERB’s General Counsel’s administrative decision on an AFSCME charge. The decision held that AB 646 fact-finding applies to all meet and confer impasses, rather than only to impasses in MOU negotiations.

County Public Employees’ Retirement Association
Meyers Nave successfully defended a County Public Employees’ Retirement Association in a layoff action involving one of two attorneys in the client’s legal department. After a six-day trial, an Administrative Law Judge sustained the layoff action. The plaintiff challenged the layoff action based on allegations of discrimination, that the layoff was a pretext for avoiding the civil service discipline system, and it was implemented to neutralize a possible race discrimination action by the laid off attorney. The victory was particularly difficult because the sitting President of the Board of Trustees (a District Attorney) for the client, the Human Resources manager for the client, and the former General Counsel (a District Attorney) of the client all testified against Meyers Nave’s client, the employer organization.

County of San Bernardino
Meyers Nave obtained a favorable settlement on behalf of the County in an employee termination lawsuit regarding its highest paid unelected position, the County Administrative Officer. The plaintiff held the position for approximately five years and reported directly to the County’s Board of Supervisors. After the Board voted to terminate the plaintiff’s employment, the plaintiff claimed the County fired him because he had disclosed information that he believed revealed a violation of state or federal law to another government agency. The County asserted that the plaintiff was released as a high-level, at-will employee on a “no cause” basis pursuant to the County’s procedures.

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City of Napa
Meyers Nave recently served as lead negotiator in negotiations between the City and the City’s firefighter unit and general employee unit which is represented by SEIU. These negotiations resulted in successor MOUs with terms favorable to the City.

City of Fremont
Meyers Nave has served as co-lead negotiator in several rounds of negotiations between the City of Fremont and police and fire units. These negotiations led to successor MOUs, including agreements on wage concessions and a second-tier retirement for new hires.

City of Galt
Our Firm successfully negotiated successor MOUs with the Operating Engineers Local 3 and the Galt Police Officers’ Association. The new agreements included concessions on furloughs, reforms to health benefits, and procedural and management rights provisions desired by the city.

City and County of San Francisco
We have served as Chief Negotiator for MOU negotiations between San Francisco and the Municipal Attorneys Unit since 2001. During the recent bargaining cycle, we served as Lead Negotiator for the City and County, becoming the first negotiator to reach an agreement during the City’s last round of negotiations with over twenty-five different bargaining units.

We also represented San Francisco in a mediated award and agreement on a successor MOU in 2012 and again in 2014.

City of South San Francisco
Meyers Nave represented the City in a grievance brought by South San Francisco Police Association alleging that the City was violating a collective bargaining agreement by not cashing out sick leave upon separation from service. The arbitrator ruled that the City’s practice was consistent with the MOU and denied the grievance.

City of Modesto: Interest-based Bargaining
When negotiations broke down during an interest-based bargaining process, Meyers Nave was brought in to assist the City and quickly negotiated a tentative agreement that resolved a pending grievance and a complicated retirement issue.

City of Morgan Hill: AFSCME Negotiations
Our Firm served as a lead negotiator in 2018 for the City of Morgan Hill, completing by year’s end a new agreement that we negotiated with AFSCME Local 101. The local includes many of the City’s roughly 200 full-time employees.

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City of Livingston: Police Salary Decrease With Fact-Finding Meyers Nave represented the City of Livingston in a fact-finding proceeding with both of its Police Units. Based upon the arguments and evidence presented by our Firm, the neutral recommended a five percent salary decrease for both units. We also served as the lead negotiator during labor negotiations.

City of Fremont: First Agreement With Multiple Units
Our Firm reached the first tentative agreement on behalf of the City during labor negotiations with multiple bargaining units during this most recent bargaining cycle. We have served as lead negotiator during previous bargaining cycles as well.

City and County of South San Francisco: First Agreement of Many During the most recent bargaining cycle, our Firm served as a lead negotiator for the City and County, becoming the first negotiator to reach an agreement during the City’s negotiations with over 25 different bargaining units.

City of Walnut Creek: Five-Year Contracts With Three Units, Four-Year and Two Units Meyers Nave served as lead negotiator during the most recent bargaining cycle, and was able to reach five-year agreements with all three bargaining units that had open contracts with the City. Meyers Nave successfully met the City’s needs with the completion of the negotiations.

City of Pinole: Public Employment Relations Board, Negotiations Assistance We have advised the City and its Lead Negotiator on labor issues. This work has included drafting and reviewing proposals, representing the City in unfair labor practice claims, and briefing the City Council. Also, the City asked us at times to join its bargaining team and essentially play the role of lead negotiator to resolve both a potential MOU impasse as well as several pending PERB charges.

Menlo Park Fire District: Multi-Day Hearing for Bad Faith Bargaining Allegations We represented the Menlo Park Fire District in a multiday hearing in front of a PERB administrative law judge. The Fire District was facing allegations of engaging in bad faith bargaining by meeting and conferring on items on a “piecemeal” basis versus as part of overall MOU negotiations. This is an issue of first impression based on a National Labor Relations Board concept that has never been adopted by PERB. We successfully represented the Menlo Park Fire District in two injunctive relief actions to prevent the district from making changes to terms and conditions of employment until the parties went into bargaining for a successor MOU.

City Representation in response to CalPERS Audit
We assisted the City of Walnut Creek in successfully appealing an adverse determination regarding pensionable compensation, and has represented numerous public agencies in response to a CalPERS state wide audit regarding the use of contract assistance from regional 90 of 582
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government services. In addition to this, Meyers Nave recently conducted a comprehensive CalPERS audit for Alameda County Transportation Commission, including analysis of all contracting relationships and potential impacts under CalPERS law.

Representative Experience – Workplace Investigations

• Investigated allegations of financial mismanagement and misappropriation and conflict of interest by a CFO of a transit agency.
• Investigated allegations of bullying and abuse of employees at a national audio entertainment company.
• Investigated allegations against the former Mayor of Palm Springs of illegal videotaping and eavesdropping on colleagues via an intercom system.
• Investigated allegations of gender discrimination made by two female council members against the Mayor of Oroville.
• Investigated allegations of ethical violations and conflict of interest by a City Auditor. • Investigated allegations that a COO misreported information regarding a $200 million project to implement clean technology trains to the Board of Directors for a transit agency. • Investigated allegations that an Auditor for a transit agency engaged in bullying of employees.
• Investigated allegations that the CEO of a Health Plan engaged in conflict of interest and ethics violations.
• Investigated allegations that the CEO of a Health Plan engaged in harassment, retaliation and discrimination.
• Investigated allegations that an elected City Assessor-Recorder engaged in sexual harassment of male and female employees.
• Investigated allegations that an elected County Assessor Recorder Registrar of Voters engaged in gender discrimination and retaliation in promotions of employees. • Investigated allegations of sexual assault by a Manager of a Health Plan. • Investigated allegations that an employee of a rideshare company drugged another employee with “date rape” drugs.
• Investigated allegations of Code of Conduct and other violations against executives and employees at a Health Plan.
• Investigated publicized allegations of misconduct by employees at a public library. • Investigated numerous fraud, waste and abuse hotline allegations against a City Auditor. 91 of 582
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• Investigated allegations of sexual harassment, race discrimination and disability discrimination by senior personnel at an international multimedia entertainment company. • Investigated allegations of racial bullying against two African American college students at a public university (caused public protests and involved the NAACP). • Investigated allegations of harassment and abuse by an Executive Director of a social venture and technology non-profit organization.
• Investigated election misconduct by police officers in a City of Bell government corruption scandal covered by national media.
• Internal affairs investigation for Bay Area Rapid Transit (BART) of the BART police officer- involved shooting death of passenger Oscar Grant.
• Investigated allegations of financial mismanagement, misappropriation and other misconduct by (1) the Director of Payroll at a college district, (2) School Administrators and various staff at a school district, and (3) the Chancellor, Board members, and President of a community college.
• Investigated allegations of discrimination, sexual harassment and retaliation made by senior police supervisors against the Police Chief for a large city. Completed more than 60 findings in 60 days.

Representative Experience - Labor and Employment Law Litigation

• Plaintiff sought over seven million dollars in damages against her former employer, the largest retailer in the nation. Plaintiff was emboldened to pursue her case after the Magistrate Judge granted plaintiff’s discovery request for a worldwide production of the employer’s records. Appealed the Magistrate Judge’s order to the Presiding District Court Judge, who reversed the Magistrate Judge’s order and invited defendant to file a Rule 11 motion against plaintiff. While Rule 11 and summary judgment motions were pending, plaintiff agreed to dismiss all claims with prejudice in exchange for a waiver of costs. • Defended a large-scale retailer in home décor against a former employee who sought $3-5 million in compensatory and punitive damages. After the discovery stage revealed that the former employee had stolen documents from her employer in the days immediately preceding her termination, the employer counter-sued the employee for breach of her contractual duty of loyalty. Successfully litigated the breach of loyalty counter-claim, earning a victory for the employer on summary judgment, with the court ruling that the allegations of breach of loyalty and confidentiality were supported by undisputed facts.

Subsequently went on to aggressively defend against the harassment and retaliation claims over the course of a five-day arbitration. This defense resulted in another victory for the employer, with the arbitrator dismissing all of the employee’s claims, concluding that the employee was terminated due to her combative workplace interactions with co-workers.

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• Successfully obtained jury trial defense verdict on behalf of a national banking client accused of gender discrimination claim.
• Represented a transit manufacturer in a complicated age discrimination case brought by an employee who was terminated as part of a company-wide reduction in force. After an extensive and detailed analysis of the employer’s actions leading up to the reduction in force, a motion for summary judgment was filed to dispose of the entire action. In the tentative ruling, the trial court denied defendants’ motion for summary judgment. At oral argument, convinced the Court to reverse its tentative ruling and dismiss the entire action on summary judgment. Plaintiff appealed to the Court of Appeal which affirmed the dismissal and issued an opinion that was extremely critical of plaintiff. Plaintiff subsequently submitted a writ to the Supreme Court which was denied. • Defended one of the largest property and casualty insurers in the nation in a month-long jury trial where the plaintiff, a former vice president, alleged whistleblower liability. Prior to commencing trial, the parties were ordered to mediation in an attempt to resolve the case.

Following the former employee’s appeal of the trial court’s decision, the 4th District Court of Appeal affirmed the trial court’s decision and awarded defendant its costs on appeal. • A former employee of a Fortune 500 company sued for wrongful termination after being fired for ethics violations. An extensive investigation of plaintiff’s background uncovered several misrepresentations on plaintiff’s employment application, as well as in other court filings initiated by the plaintiff. These issues were brought to light during plaintiff’s deposition which resulted in plaintiff dismissing the entire action contingent upon an implicit agreement not to refer the matter to criminal authorities. • Defended a Fortune 500 energy company in a putative wage and hour class action, which included an individual claim for disability discrimination and wrongful termination.

Meyers Nave | May 5, 2022

the same protected class as plaintiff. Successfully resolved this matter at mediation using innovative and non-economic settlement tactics.
• Represented a hotel owner in two mediations with a plaintiff who refused to resolve a wage and hour dispute, neither of which proved successful. Subsequently defended the client in a three-day bench trial in San Diego Superior Court, South Bay Division. Upon conclusion of closing argument and before defense counsel even took her seat, the court immediately returned the verdict in our client’s favor. The Court also granted defendant its attorneys’ fees based on the plaintiff’s frivolous claim.
• Represented a Fortune 50 banking institution in a wrongful termination matter. As a result of plaintiff’s contentious discovery disputes and unethical discovery abuses, the trial court denied the plaintiff’s request to depose the human resource representative. Defendants filed a motion for summary judgment which the court granted in full. The trial court’s ruling was upheld on appeal by the Fourth District Court of Appeal. Thereafter, plaintiff filed a writ with the Supreme Court which was denied.

Project Personnel
Meyers Nave is a multidisciplinary, public agency-focused firm with a dedicated Employment and Labor Practice Group focusing on Municipal and Special District Law. Our proposed team of attorneys for the scope of work below, includes:
• Labor and Employment Law – David Middleton, Janice Brown • Review of policies – Camille Hamilton Pating, David Middleton • Reports and documents – Camille Hamilton Pating, Alicia Morrell • Training and training materials for City personnel – Alicia Morrell, Angelica Pe Benito • PERB representation – Jesse Lad, David Middleton
Full resumes detailing our proposed team’s expertise and relevant work are located in APPENDIX A.

Insurance
Meyers Nave is well acquainted with all aspects of contractual and risk allocations and related legal limitations of California public agencies. More importantly, we obtain general and professional liability insurance for these purposes under a general umbrella policy at 10 million.

The insurance provides the added benefit to public agencies for the purposes of obligations and varied experiences as they arise. We strive for excellence in multiple matters, never looking to exercise this risk but rather to assure entities like National City that we provide comfort as 94 of 582
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general or special counsel to your most important matters. For our Certificate of Insurance, please see APPENDIX B.

Schedule of Rates
See attached sealed envelope per RPQ instructions (page 5, Section 2.8).

References
No one has better authority to speak about the quality of our work and delivery of our services than our clients, so we encourage you to contact our references. We understand our reputation comes highly regarded through prior work, as well as additional Meyers Nave lawyers.

Janice P. Brown

Jeff Harradine, Senior Counsel
Xerox Corporation
Phone: (585) 422-0158
Email: [email protected]

Catherine Iste, Chief Administrative Officer
Los Angeles Chargers
Phone: (714) 540-7100
Email: [email protected]

Adrienne Navarra, SVP People and Places
Jerome’s Furniture
Phone: (619) 330-6344
Email: [email protected]

Camille Hamilton Pating
Susan Altman, Deputy County Counsel
County of Napa
Phone: (707) 253-4521
Email: [email protected]

Minh Tran, County Executive Officer
County of Napa
Phone: (707) 253-4421
Email: [email protected]
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David Bergquist, Chief Campus Counsel
University of California, Riverside
Phone: (951) 827-2228
Email: [email protected]

Jesse Lad
Kelly Guertin, Human Resources Manager
City of Walnut Creek
Phone: (925) 943-5817
Email: [email protected]

Liz Habkirk, Assistant City Manager
City of Napa
Phone: (707) 258-7813
Email: [email protected]

Maria Lourdes Matthew, Attorney
East Bay Municipal Utility District
Phone: (510) 287-0171
Email: [email protected]

David Middleton
Christina Alger, Director of HR
City of Modesto
Phone: (209) 571-5126
Email:

Katano Kasaine, Assistant General Manager/Chief Financial Officer Metropolitan Water District
Phone: (213) 217-6291
Email: [email protected]

Richard Pio Roda, City Attorney
City of San Leandro
Phone: (510) 577-6098

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Meyers Nave’s Public Clients for Last Three (3) Years

• Alameda County Employees’
Retirement
• Benicia Housing Authority
• Benicia Unified School District
• Camarillo Health Care District
• City and County of San Francisco
• City of Anaheim
• City of Berkeley
• City of Fremont
• City of Morgan Hill
• City of Napa
• City of National City
• City of Oroville
• City of Palm Springs
• City of Palo Alto
• City of Pleasanton
• City of Santa Clara
• City of Santa Monica
• City of Vallejo
• County of Alameda
• County of Marin Housing Authority
• County of Monterey
• County of Napa
• County of Orange
• County of San Benito
• County of San Mateo
• County of Santa Clara
• County of Tulare
• Delta Diablo
• East Bay Municipal Utility District
• East Bay Regional Park District
• L.A. Care Health Plan
• Los Angeles County Metropolitan
• Menlo Park Fire Protection District
• Merced Irrigation District
• Metrolink (Southern California
Regional Transportation)
• Metropolitan Area Advisory
Committee
• Peralta Community College District
• Pioneers Memorial Healthcare
District
• Port of Oakland
• Sacramento Housing &
Redevelopment
• San Diego Association of
Governments
• San Diego City Employees’
Retirement
• San Francisco Community College
• San Ramon Valley Fire Protection
• Truckee Donner Public Utility District
• Turlock Irrigation District
• Vallejo City Unified School District
• West Valley Sanitation District

Additional Required Information

Type of Firm: A Professional Corporation

Organizational Structure of Firm: Meyers Nave has been in business for 36 years. What started as a one office firm has grown into a 5 office firm with locations in Los Angeles, Oakland, Sacramento, San Diego and Santa Rosa. The firm currently employs 129 attorneys and staff.

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Ability to provide local services to the City: Meyers Nave is an agile firm. With technology, offices throughout the state and near to airports, we are able to serve our clients fast and efficiently. We have two local offices located in Southern California.

Meyers Nave’s Officers and Principals:

Brenda Aguilar-Guerrero, Principal
Ron Avenida, Chief Operating Officer
John Bakker, Principal
Julia Bond, Principal
Janice Brown, Principal
Eric Casher, Principal
Timothy Cremin, Principal
Shaye Diveley, Principal
Eric Firstman, Principal
Deborah Fox, Principal
Kristopher Kokotaylo, Principal
Amrit Kulkarni, Principal
Adam Lindgren, Principal
Steven Mattas, Principal
Douglas McManamon, Principal
David Mehretu, Principal
Gregory Newmark, Principal
Camille Pating, Principal
Richard Pio Roda, Principal
Jennifer Riggs, Principal
Jose Sanchez, Principal
David Skinner, Managing Principal
Shiraz Tangri, Principal
Sky Woodruff, Principal
Arlene Yang, Principal

Our Firm’s Philosophy, Customer Service and Quality Assurance We recognize that the key to providing effective legal counsel services is to proactively anticipate the needs of our clients and to effectively juggle varied tasks with overlapping deadlines, including those that require a short turnaround. I will work with staff to ensure a clear, mutual understanding of work-product expectations and deadlines. David, Camille, Jesse, Angelica and Alicia will continue to be actively engaged and hands-on with all matters. This enables us to provide the oversight and continuity that ensure quality service while keeping costs reasonable for the client. David will be responsible for ensuring that National City’s legal needs are being met in a timely, cost-effective and productive manner. To this end, he and I will carefully review the workload and allocate our resources as appropriate, confirming with National City. To that end, we suggest an attorney work structure that is both lean and efficiently structured in a manner, but remain open to arrangements that National City may prefer.

Given our special focus representing public entities, we also recognize that there are many unique factors—budgetary priorities, competing community interests and political sensitivities—that must be considered before any strategy is put into action. To this end, we will assess every situation and create a proposed strategy that supports the National City’s priorities.

In order to establish and develop a working relationship with National City, we would meet with the City Attorney and City Manager to discuss the priorities, concerns, and expectations for the attorney-client relationship. Once we commence work on the scope of services proposed, we 98 of 582
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will work closely with the City Attorney as desired to ensure communication is direct, timely and maintains the highest professional standards. Our proposed team strives to return every phone call or e-mail within a few hours of receiving the contact. All phone calls and emails are returned in a maximum of 24 hours. Internally, we utilize several systems to ensure that this level of availability is possible. Our firm uses up-to-date technology to ensure that clients’ needs are met in a prompt fashion. We use laptops, e-mail, and mobile phones to ensure communication even when away from the office.

We will be available for frequent and regular meetings. In addition, we will ensure that we are easily accessible via various methods of technology, including email and video/phone conferences. The firm’s statewide offices are also set up for video conferencing, which can be a cost-effective way to conduct short or urgent meetings between the attorneys and the City.

We also offer a strong pool of paralegals who work side-by-side with our attorneys. Some of their tasks include case planning, development and management, legal research from library sources and/or Westlaw, interviewing clients, fact gathering and retrieving information, drafting and analyzing legal documents, collecting, compiling and utilizing technical information, and providing computer-assisted litigation support. Legal administrative assistants/secretaries support our attorneys. They all have experience in public law, with many possessing a specialized background in public Employment and Labor Law. In addition, the firm employs human resources, accounting, marketing, docketing, conflicts, records, information technology and facilities staff.

Education on Best Practices, Trends, and Communicating Legislative Updates On-site and virtual client training is another way our attorneys share best practices, help clients reduce liability and risk of litigation, and provide important updates on laws and regulations that affect our clients’ daily operations and strategic planning. In addition to on-site and virtual client training, Meyers Nave provides an extensive range of webinars throughout the year to provide our clients and colleagues with legal updates. Our attorneys also regularly present at conferences and webinars for the League of California Cities and the International Municipal Lawyers Association.

Labor and Employment Trainings
Meyers Nave has created innovative and top-rated new training programs that enhance workplace culture, incorporate a practical approach and reflect modern workplace scenarios and issues.

We provide training tailored to each specific employer on a wide range of workplace issues, including:

• Political Speech on Work Platforms: Policies, Enforcement/Discipline and Litigation • Harassment and Bullying Prevention
• Recognizing and Minimizing Implicit Bias
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• How to Have Inclusive Conversations about Difficult Issues • Protecting Due Process of the Accused while Investigating Allegations • Promoting a Respectful Workplace
• Bystander Intervention Training
• Managing Leaves of Absence
• Board of Directors’ Responsibilities in Responding to Staff Complaints • Discipline that Stands Up at Arbitration and in Court • EEO and Wage-and-Hour Basics for Managers

AB 1661, AB 1825, AB 2053, SB 1343 – Harassment and Abusive Conduct Prevention Training Meyers Nave offers training that complies with the requirements of AB 1825, AB 2053, AB 1661 and SB 1343, and is available via video conference. The training program also covers (1) hostile work environment harassment, (2) the impacts of #MeToo and #TimesUp and (3) social media interactions and reporting.

• Under AB 1825, California employers with 50 or more employees are required to provide two hours of sexual harassment training and education to all supervisory employees within the first six months of the employee’s assumption of a supervisory role. Covered employers must provide ongoing sexual harassment prevention training every two years. The training must include (1) information and practical guidance regarding the federal and state statutory provisions concerning the prohibition, prevention, correction and remedying of sexual harassment in employment and (2) practical examples aimed at instructing supervisors in the prevention of harassment, discrimination and retaliation. AB 2053 mandates that covered employers add “abusive conduct” (anti-bullying) training to their sexual harassment training curriculum.

• Under AB 1661, local agency legislative body members and any elected local agency officials who receive any kind of compensation, salary, or stipend in the performance of their duties are required to receive sexual harassment prevention and education training. A local agency may also require other employees to receive the training. Local agency officials and employees who are required to receive this training must receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter. The training must include (1) information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to the victims of such harassment in the employment context and (2) practical examples aimed at instructing the official or employee in the prevention of sexual harassment, discrimination and retaliation.

Our Firm’s Commitment to Diversity
Meyers Nave supports diversity and inclusion throughout our offices, in the legal profession, and in our communities. The individuality of our attorneys and staff – and their collective 100 of 582
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experiences, perspectives and backgrounds – helps us provide clients with the most effective and creative legal services. Diversity and inclusion are fundamental principles that are woven into the fabric of our firm. Women and minority attorneys currently make up 65% of Meyers Nave lawyers and 11 of the firm’s practice groups are led by women and minority attorneys.

During 2015-2022, Meyers Nave elevated nine attorneys to Principal and seven are women and minorities. Two were also elected to chair practice groups at Meyers Nave.

Diversity Support
Meyers Nave is involved in numerous regional and national minority bar associations and other diversity oriented organizations, including the Minority Corporate Counsel Association, California Women Lawyers, Sacramento Lawyers for the Equality of Gays and Lesbians, Charles Houston Bar Association, California Minority Counsel Program, Filipino Bar Association of Northern California, Greater Los Angeles African American Chamber of Commerce, Lawyers Club of San Diego, Asian American Bar Association of the Greater Bay Area, LGBT Bar Association of Los Angeles, National Asian Pacific American Bar Association, South Asian Bar Association of Southern California, and the Association of Women in Water, Energy and Environment, among many others. Meyers Nave proudly sponsors a broad range of activities with diverse bar associations—such as the Earl B. Gilliam Bar Foundation and Charles Houston Bar Association, law student organizations, alumni associations, youth groups, and clients — wherever we can make an impact.

Diversity Committee
Meyers Nave’s Diversity Committee develops initiatives, programs and events to promote diversity and inclusion inside and outside the firm. The Committee coordinates mentorship activities, affinity groups, staff inclusion activities, and involvement in community organizations that foster diversity and inclusion, including regional and national minority bar associations. The Diversity Committee includes Executive Committee members, the Chief Operating Officer, Practice Group Chairs and attorneys at all levels.

Diversity Fellowship Program
In 2016, Meyers Nave launched a Diversity Fellowship Program designed to promote diversity within our firm and the legal profession by providing opportunities for diverse attorneys at the law school level. Our program has already helped advance the careers of six law students (four of whom are women). In 2020, we hired one of our Fellows as an Associate, and this year we welcome one more Fellow as an Associate. The Program includes: (1) a paid, full-time, 10-week Fellow position at Meyers Nave during the summer after the first and second years of law school; (2) annual tuition assistance of up to $10,000 for the second and third years, upon completion of the Fellow program; (3) mentoring during law school from Meyers Nave attorneys focusing on academic work and the practice and business of law; and (4) a potential Associate attorney position at Meyers Nave after law school.

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Appendix A – Project Personnel Resumes

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JANICE P. BROWN

Janice P. Brown
Principal

600 B Street, Suite 1650
San Diego, California 92101

Tel: 619.330.1703
Fax: 619.330.1701
[email protected]

Practice Groups
Labor and Employment
Workplace Investigations
Trial and Litigation

California Bar Number
114433

Court Admissions
U.S. District Courts - Southern District of
California, Central District of California,
Northern District of California, and Eastern
District of California

Education
Gonzaga University School of Law, JD, 1983
(earned degree in two years)

University of Montana, BA, Journalism,
1981, honors graduate

Practicing Since: 1984

Janice Brown is a Principal in Meyers Nave’s Labor and
Employment Practice, and Workplace Investigations
Practice. She has more than 35 years of trial, arbitration and appellate experience in state and federal courts. Janice’s distinguished career began in the U.S. Justice Department where she quickly demonstrated outstanding legal expertise that earned her membership in the Honors Program and the “Outstanding Trial Attorney” and “Trial Lawyer of the
Year” awards in under three years.

Janice is recognized as a pioneer in the legal profession as the founder and Chief Strategy Officer of Brown Law
Group, a woman- and minority-owned employment and
business litigation firm in San Diego that served local corporations and Fortune 50 companies headquartered
throughout the U.S. for over 20 years. She is a trusted advisor to clients, an inspirational mentor to colleagues and an influential leader in advancing diversity throughout the legal profession. For example, San Diego SuperLawyers
magazine published an article about Janice titled “Chief Executive Optimist: Janice Brown took an uncommon
approach to the law and built an uncommon firm.” Janice is also a speaker and consultant for Diversity, Equity, and Inclusions issues.

Employment Law and Litigation: Janice provides
employers with a comprehensive range of employment law
advice and counseling, training, internal investigations, and administrative hearings and litigation. She is an expert in drafting and revising personnel policies, employee
handbooks, and employment and severance agreements, as
well as providing advice on complex issues such as employee classification, discipline and terminations, leaves of absence, disability issues, employee privacy, and whistleblower laws.

She also advises on HR assessments and compliance audits.

Janice advises on the myriad of laws and regulations that impose a significant compliance burden on employers. She also helps clients understand the extensive number of state, 103 of 582
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federal, and administrative agency decisions that construe ever-changing and increasingly complex employment laws.

Janice’s approach to employment litigation focuses on understanding that legal disputes between employers and employees can be highly charged, intensely personal, and problematic when made public. Employment disputes can also impact a client’s general employer-employee relationship.

When litigation is unavoidable, Janice defends employers in single- and multi-plaintiff lawsuits involving allegations of wage-and-hour violations, wrongful termination, sexual harassment, racial discrimination, age discrimination, sexual orientation discrimination, medical leave, disability accommodation, defamation, pregnancy, and retaliation, among others. Janice also has a unique specialty handling Private Attorneys General Act lawsuits which are similar to qui tam cases involving different processes, penalties and damages than traditional employment suits.

Business Litigation: Janice serves as a strategic partner with clients that are involved in commercial litigation as defendants or plaintiffs. She studies and understands each client’s business and develops litigation strategies that are legally efficient, cost effective and practical.

Her goal is to minimize the distraction and disruption that litigation can cause at all levels of the daily operation of a client’s business.

Janice’s commercial litigation clients include local businesses and national corporations in the economic sectors of insurance, financial services, telecommunications, retail, professional sports, food and beverage, manufacturing, transportation, construction, real estate and entertainment.

For these clients, she has handled an extensive scope of litigation, including breach of fiduciary duty, corporate governance, shareholder derivative actions, trade secret misappropriation, trademark infringement, fraud and breach of contract, business disparagement and defamation, partnership or corporation creation and dissolution, unfair competition, and tortious interference with a contract or prospective business relations.

Janice is well known for her legal expertise as well as her commitment to local community service. She has been featured on the local San Diego affiliates of CBS, Fox, ABC and NBC for her insights on topics such as sexual harassment and wrongful termination. Janice also is a frequent speaker on economic development and personal and business success.

Honors and Awards
• “Top 50 Black Leaders of Influence,” San Diego Business Journal, February 25, 2022 • “San Diego Super Lawyers” list in the categories of Employment Litigation: Defense, Employment & Labor: Employer, and Business Litigation. Thomson Reuters’ Super Lawyers® magazine, 2007-2022
• “Top 25 Women San Diego Super Lawyers,” Thomson Reuters’ Super Lawyers® magazine, 2017, 2018, 2022
• “Top 100 Lawyers,” Daily Journal, 2021
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• “Women of Influence: 50 Over 50 2021,” San Diego Business Journal, August 9, 2021 • “The San Diego 500: Influential Business Leaders,” San Diego Business Journal, December 5, 2020
• “Woman of Color Excellence Award,” Lawyers Club of San Diego, 2019 • Diversity & Equity Award, Urban League of San Diego, 2018 • Women in Leadership Award, Central San Diego Black Chamber of Commerce, 2017 • Lifetime Laureate, Junior Achievement San Diego Business Hall of Fame, 2017 • Corporate & Business Diversity Award, City of San Diego Human Relations Commission, 2016
• The National Black Lawyers Top 100, 2015
• Diversity Leader Hall of Fame, California Minority Council Program, 2014 • Small Business of the Year, Central San Diego Black Chamber of Commerce, 2013 • Award For Outstanding Diversity, San Diego County Bar Association, 2003 • Award of Lifetime Membership, Earl B. Gilliam Bar Association, 2010 • Distinguished Alumni Merit Award, Gonzaga University, 2010 • Distinguished Service Award, Earl B. Gilliam Bar Association, 2010 • 42nd Annual Community Service Award Honoree, National Council of Negro Women, 2008 • 50 People to Watch, San Diego Magazine, 2007
• “10 Coolest Women,” Girl Scouts San Diego-Imperial Council, 2007 • “Top 25 Attorneys - Employment,” San Diego Daily Transcript, 2005 • Annual Bernard E. Witkin, Esq. Award, 2003
• Certificate of Silver Lifetime Membership, NAACP, 2002 • San Diego Women Who Mean Business, San Diego Business Journal, 1998 • 93-94 President's Award, Earl B. Gilliam Bar Association, 1996 • The Loren Miller Lawyer of the Year Award, California Association of Black Lawyers, 1995 • 89-90 President’s Award, Earl B. Gilliam Bar Association, 1990 • Outstanding Trial Attorney, U.S. Department of Justice – Tax Division, 1987 • Trial Lawyer of the Year, U.S. Department of Justice, 1987

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Professional Affiliations
• Member, State Bar of California
• Member, California Women Lawyers
• Executive Committee Member and Immediate Past Chair of the Board of Directors, San Diego Regional Economic Development Corporation
• Past Board Member, National Association of Minority and Women Owned Law Firms • Past Board Member, Minority Corporate Counsel Association • Member, Lawyers Club of San Diego
• Member, National Bar Association
• Member, National Employment Law Council
• Lifetime Member, NAACP
• Past President, Earl B. Gilliam Bar Association
• Past Vice President, San Diego County Bar Association • Member, Senator Padilla’s Federal Judicial Evaluation Committee • Board of Directors, ABA Retirement Funds
• Past Board Member (TIPS), American Bar Association
• Member, UC San Diego Rady School of Management ASCEND Executive Women's Forum

Presentations and Publications
• Interview, “Historic Supreme Court Nomination,” NBC San Diego News 7, February 28, 2022
• Interview, “Legal Pioneer, Attorney Janice Brown, Woman-Minority Owned Employment and Business Litigation Firm,” KUSI News San Diego, February 7, 2022 • Author, “Arbitration Agreement Adjustments On The Horizon,” Meyers Nave Client Alert, December 29, 2021
• Presenter, “Moving Diversity, Equity & Inclusion Programs Forward: An Employer’s Road Map,” California Public Employers Labor Relations Association Annual Training Conference, November 17, 2021

• Author, “Another Benefit of Arbitration Agreements,” Meyers Nave Client Alert, September 3, 2021
• Quoted, “Delta Air Lines Plans Surcharge on Unvaccinated Workers, but No Mandate,” Daily Journal, August 26, 2021
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• Author, COVID-19 Vaccine Mandates, Meyers Nave Client Alert, July 26, 2021 • Presenter, “City Attorney Practicum: COVID-19 Return to Work – Navigating the New Landscape,” League of California Cities, June 9, 2021
• Presenter, “Lawyering in the Time of COVID: A Survival Guide for Women Attorneys and Attorneys of Color,” Association of Business Trial Lawyers of San Diego, April 29, 2021 • Presenter, “COVID-19 & Return to Work,” Elevating Black Excellence Regional Summit Series, Black In-House Counsel Network, April 27 , 2021 • Quote, “LA School Employees Say They’re Being Forced to Get COVID Vaccine,” Daily Journal, March 22, 2021
• Presenter, “COVID-19 Return to Work Issues: How to Navigate the Changing Landscape for Your Return to Work Plan,” HR West Virtual Conference, March 17, 2021 • Presenter, “Tools for Becoming Tougher,” Ms. JD’s Annual Conference, March 11, 2021 • Presenter, “Building a Plan for Social Equity,” Central San Diego Black Chamber of Commerce in association with The San Diego Union Tribune, February 24, 2021 • Presenter, “Where Business, Law and Tech Intersect,” Central San Diego Black Chamber of Commerce, February 12, 2021
• Presenter, “COVID-19 Vaccination Policies: Options, Issues and Considerations for Employers,” Meyers Nave webinar, February 3, 2021
• Presenter, “COVID-19 Vaccinations: What California Employers Need To Know,” Meyers Nave webinar, February 3, 2021
• Feature Article Profile, “Encouragement Changes Lives: Celebrating Black Entrepreneurship,” San Diego Business Journal, February 1, 2021

• Author, “Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know,” Meyers Nave Client Alert, January 15, 2021 • Presenter, “City Attorneys – Leaders During the Crossroads,” City Attorneys Association of San Diego County, October 22, 2020
• Presenter, “Diversity and Inclusion: Theory Meets Reality,” Knoxville Bar Association, Knoxville, TN, October 3, 2019
• Presenter, “So You Want to be a Lawyer?” Gonzaga Law School, Spokane, WA, March, 31, 2019
• Presenter, International Women’s Day Celebration, Becton Dickinson, San Diego, CA, March, 7, 2019
• Presenter, “Women's Inclusion Boss Series,” Takeda, San Diego, CA, January, 30, 2019 • Presenter, “Annual Employment Law Update,” Brown Law Group, San Diego, CA, January 24, 2019
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• Presenter, “Priorities: The Responsibility of Leadership,” Tennessee Bar Association Leadership Law Academy, Nashville, TN, January, 5, 2019 • Presenter, “Building Your Network,” San Diego County Bar Association, San Diego, CA, December, 6, 2018
• Presenter, “To Thine Own Self Be True,” Celebrating Women Event, San Diego Magazine, San Diego, CA, September, 25, 2018
• Feature Article, “Beyond Law,” The Gonzaga Lawyer, Gonzaga Law School, Spokane, WA, September 28, 2016
• Feature Article, “Chief Executive Optimist: Janice Brown took an uncommon approach to the law and built an uncommon firm,” San Diego SuperLawyers magazine, 2008

Representative Experience
Employment Litigation
• Plaintiff sought over seven million dollars in damages against her former employer, the largest retailer in the nation. Plaintiff was emboldened to pursue her case after the Magistrate Judge granted plaintiff’s discovery request for a worldwide production of the employer’s records. Appealed the Magistrate Judge’s order to the Presiding District Court Judge, who reversed the Magistrate Judge’s order and invited defendant to file a Rule 11 motion against plaintiff. While Rule 11 and summary judgment motions were pending, plaintiff agreed to dismiss all claims with prejudice in exchange for a waiver of costs. • Defended a large-scale retailer in home décor against a former employee who sought $3-$5 million in compensatory and punitive damages. After the discovery stage revealed that the former employee had stolen documents from her employer in the days immediately preceding her termination, the employer counter-sued the employee for breach of her contractual duty of loyalty. Successfully litigated the breach of loyalty counter-claim, earning a victory for the employer on summary judgment, with the court ruling that the allegations of breach of loyalty and confidentiality were supported by undisputed facts. Subsequently went on to aggressively defend against the harassment and retaliation claims over the course of a five-day arbitration.

This defense resulted in another victory for the employer, with the arbitrator dismissing all of the employee’s claims, concluding that the employee was terminated due to her combative workplace interactions with co-workers.
• Successfully obtained jury trial defense verdict on behalf of a national banking client accused of gender discrimination claim.
• Represented a transit manufacturer in a complicated age discrimination case brought by an employee who was terminated as part of a company-wide reduction in force. After an extensive and detailed analysis of the employer’s actions leading up to the reduction in force, a motion for summary judgment was filed to dispose of the entire action. In the tentative ruling, the trial court denied defendants’ motion for summary judgment. At oral argument, convinced the Court to reverse its tentative ruling and dismiss the entire action on summary judgment. Plaintiff appealed to the Court of Appeal which affirmed the dismissal and issued 108 of 582
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an opinion that was extremely critical of plaintiff. Plaintiff subsequently submitted a writ to the Supreme Court which was denied.
• Defended one of the largest property and casualty insurers in the nation in a month-long jury trial where the plaintiff, a former vice president, alleged whistleblower liability. Prior to commencing trial, the parties were ordered to mediation in an attempt to resolve the case.

Plaintiff repeatedly demanded a mid-seven figure settlement which plaintiff immediately took “off the table” prior to jury deliberations. Although the jury returned a verdict in favor of plaintiff, the jury awarded less than five-percent of plaintiff’s demand (which was less than half of what was offered in advance of trial), and no punitive or emotional distress damages were awarded. Plaintiff appealed the verdict and the matter ultimately settled pending appeal. • Successfully obtained court order granting demurrer without leave to amend on behalf of large public university in San Diego Superior Court. A lawsuit was filed by a former employee alleging wrongful termination, discrimination, retaliation and harassment. Following the former employee’s appeal of the trial court’s decision, the 4th District Court of Appeal affirmed the trial court’s decision and awarded defendant its costs on appeal. • A former employee of a Fortune 50 company sued for wrongful termination after being fired for ethics violations. An extensive investigation of plaintiff’s background uncovered several misrepresentations on plaintiff’s employment application, as well as in other court filings initiated by the plaintiff. These issues were brought to light during plaintiff’s deposition which resulted in plaintiff dismissing the entire action contingent upon an implicit agreement not to refer the matter to criminal authorities.
• Defended a Fortune 500 energy company in a putative wage and hour class action, which included an individual claim for disability discrimination and wrongful termination.

Aggressive defense resulted in the class action being dismissed after taking plaintiff’s deposition.
• After extensive discovery motions, and multiple mediations, resolved a hard fought case over allegations of sexual orientation discrimination by an executive at a Fortune 500 energy company. This matter presented a unique challenge since plaintiff’s allegations of discriminatory actions were directed, in part, toward a high-level executive who was part of the same protected class as plaintiff. Successfully resolved this matter at mediation using innovative and non-economic settlement tactics.
• Represented a hotel owner in two mediations with a plaintiff who refused to resolve a wage and hour dispute, neither of which proved successful. Subsequently defended the client in a three-day bench trial in San Diego Superior Court, South Bay Division. Upon conclusion of closing argument and before defense counsel even took her seat, the court immediately returned the verdict in our client’s favor. The Court also granted defendant its attorneys’ fees based on the plaintiff’s frivolous claim.
• Represented a Fortune 50 banking institution in a wrongful termination matter. As a result of plaintiff’s contentious discovery disputes and unethical discovery abuses, the trial court denied the plaintiff’s request to depose the human resource representative. Defendants filed a motion for summary judgment which the court granted in full. The trial court’s ruling was 109 of 582
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upheld on appeal by the Fourth District Court of Appeal. Thereafter, plaintiff filed a writ with the Supreme Court which was denied.

Business Litigation
• After a few months of litigation, successfully represented a Fortune 100 company (one of the oldest industrial companies in the United States) and negotiated a dismissal of a cross- complaint for breach of contract, interference and other business torts filed against the company in exchange for a mere waiver of costs.
• Prevailed at trial and on appeal in a contract and lease dispute against a large San Diego law firm for a Fortune 50 company, wherein the value of the amount in dispute totaled over $120 Million, and the court awarded our client its reasonable attorneys’ fees. • Settled the day before trial, an eight figure settlement for 11 business people who were defrauded by a Fortune 50 company, which was represented by two large national law firms. • Negotiated hard-fought easement agreement with an adjacent land-owner on behalf of a developer immediately before escrow closings on multiple residential lots, causing dismissal of land-owner’s lawsuit and release of lis pendens and allowing the developer to proceed on course with residential closings.
• Successfully resolved an on-going family dispute resulting in the client obtaining full control of the mortuary business.
• Successfully defended slander of title action on behalf of developer client by winning a demurrer and obtaining dismissal with prejudice of the complaint prior to engaging in depositions or other litigation.
• Enforced trademark rights against a competitor who was compelled to change the name of its product and pay a mid-six figure settlement.

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CAMILLE HAMILTON PATING

Camille Hamilton Pating
Principal

1999 Harrison Street, 9th Floor
Oakland, CA 94612

T: 510.808.2000
F: 510.444.1108
[email protected]

Practice Group
Labor and Employment
Workplace Investigations

California Bar Number
122890

Education
UCLA Law School, JD, 1985

Stanford University, BA Political Science,
1982

Practicing Since: 1986

Camille Hamilton Pating is Chair of Meyers Nave’s Labor & Employment Practice and Workplace Investigations Practice.

She is a go-to independent attorney fact-finder for high- profile investigations involving elected officials, C-suite executives and leaders of non-profit organizations.

A well-respected expert in employment law for 35 years, Camille counsels employers on a broad range of issues
including political speech on work platforms, anti-
discrimination, harassment and retaliation laws, Title IX, reasonable accommodation and leave of absence issues, and hiring and separation processes. She is a thought leader in Diversity, Equity and Inclusion programs and initiatives and advises leaders in entertainment, technology companies and public agencies. She also develops and leads innovative training programs on bias prevention, investigation best practices and state and federal anti-discrimination and anti- harassment laws.

Camille is an experienced litigator advising and defending employers in litigation, arbitrations and disciplinary hearings and appeals. She served as a member of the trial team which won a unanimous jury defense verdict for the Chief of
Police and City of Richmond against charges of
discrimination, harassment and retaliation in a highly
publicized case that was selected as a defense verdict of the year by the Daily Journal.

Camille has conducted nearly 200 investigations, including claims of harassment, hostile work environment, fraud,
waste, abusive conduct, discrimination, retaliation, Title IX, police internal affairs, misappropriation, workplace violence, whistleblower matters and ethics violations. Having
conducted numerous investigations for public sector
employers, Camille is well versed in the Public Safety
Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights, as well as the Weingarten rights afforded to public employees. In addition, she provides appropriate corrective action advice to address issues often present in workplace climate investigations.
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Camille recently investigated allegations of harassment and discrimination at a digital media company, claims of racial bullying of students a California university, alleged harassment by the CEO of a nationally-recognized non-profit organization, and allegations of systemic sexual harassment and sexual favoritism at a hospital. She has conducted major misconduct investigations involving elected officials and employees of public employers throughout California. Camille’s investigations specialty began with two cases that garnered intense public scrutiny – investigating election misconduct in the City of Bell, the largest government corruption scandal at the time, and as a member of the team conducting an internal affairs investigation of the BART police officer-involved fatal shooting of Oscar Grant at the Fruitvale BART station.

Camille shares her expertise as a frequent presenter at conferences and seminars on topics that include preventing workplace bullying and harassment, recognizing implicit bias, social media use, and ethics.

Honors and Awards
Top Labor & Employment Lawyers, Daily Journal (2021, 2020)

Professional Affiliations
Board Member, Future of Diversity, Equity & Inclusion Advisory Board, HR.com/Next Concept HR Association, 2021
Member, California Public Employers Labor Relations Association Co-sponsor, Bar Association of San Francisco’s African American Partners and Associates Summer Reception (2018, 2019)
Member, National Association of African Americans in Human Resources, Northern California Chapter
Member, Association of Workplace Investigators
Member, Women Lawyers of Alameda County
Member, California Women Lawyers
Member, Steering Committee, Women’s Impact Network, Bar Association of San Francisco Member, Anti-Fraud Alliance
Member, Municipal Management Association of Northern California Member, Charles Houston Bar Association
Member, Labor and Employment Law Section, California Lawyers Association

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Member, The Bar Association of San Francisco
Member, Filipino Bar Association of Northern California

Presentations and Publications
Presenter, “Moving Diversity, Equity & Inclusion Programs Forward: An Employer’s Road Map,” California Public Employers Labor Relations Association Annual Training Conference, November 17, 2021
Presenter, “City Attorney Practicum: COVID-19 Return to Work – Navigating the New Landscape,” League of California Cities, June 9, 2021
Moderator, “Session 2C: After a Year of Racial Reckoning - Where Are Women of Color?,” Women of Color Conference, California Minority Counsel Program, May 20, 2021 Presenter, “COVID-19 Return to Work Plan: Who Returns, When, Where & How,” Meyers Nave webinar, April 28 , 2021
Presenter, “COVID-19 Return to Work Issues: How to Navigate the Changing Landscape for Your Return to Work Plan,” HR West Virtual Conference, March 17, 2021 Presenter, “Raising Awareness: Recognizing & Managing Implicit Bias,” Hayward Area Recreation and Park Institute, February 22, 2021
Presenter, “Organizational Transformation: A Conversation on Diversity, Equity & Inclusion,” Association of Women in Water, Energy and Environment, February 4, 2021 Presenter, “COVID-19 Vaccination Policies: Options, Issues and Considerations for Employers,” Meyers Nave webinar, February 3, 2021
Presenter, “COVID-19 Vaccinations: What California Employers Need To Know,” Meyers Nave webinar, February 3, 2021
Roundtable Facilitator, “COVID-19: Workplace Considerations,” California Association of Sanitation Agencies Winter Conference, January 27, 2021 Author, “Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know,” Meyers Nave Client Alert, January 15, 2021 Moderator, “Overcoming the Imposter Syndrome,” Women of Color Forum, California Minority Counsel Program's Annual Business Conference, September 22, 2020 Presenter, “Employee Resource Groups – Supporting Diversity or Widening The Divide?,” HR West Conference, 2020
Presenter, “Lessons Learned from Workplace Investigations in the #MeToo Era,” County Counsels’ Association Employment Law Conference, 2020
Author, “SB 778 Requires Employers to Provide New Harassment Prevention Training by January 1, 2021,” Meyers Nave Client Alert, January 2020 113 of 582

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Author, “Employers’ Dilemma: Comply Now with New Employment Laws or Wait Out Court Challenges?,” Meyers Nave Client Alert, January 2020 Presenter, “2020 Labor Law Update,” National Association of African Americans in Human Resources, Northern California Chapter, 2019
Author, “AB 5: Clarity for Some Employers, Uncertainty for Others,” Meyers Nave Client Alert, September 2019
Presenter, “How to Conduct #MeToo Investigations that Stand Up in Litigation,” Next Concept HR Association’s California Legal & Legislative Summit, 2019 Author, “SB 778 Extends Employers’ Deadline for Providing New Harassment Prevention Training,” Meyers Nave Client Alert, September 2019
Presenter, “Lessons Learned from Workplace Investigations in the #MeToo Era,” San Mateo County Bar Association Labor & Employment Section, 2019 Presenter, “#MeToo Movement in Local Governments”, County Counsels Association’s Employment Law Conference, 2019
Presenter, “Identifying and Minimizing Implicit Bias,” 21st Annual Northern California Eminent Domain Conference, CLE International, 2019
Presenter, “California’s Top 5 New Employment Laws in Response to the #MeToo Movement,” California Special Districts Association Annual Conference, 2019 Author, “The Rights of Transgender and Non-Binary Employees,” Daily Journal’s “Top Labor and Employment Lawyers” issue, July 10, 2019
Author, “California Lawmakers Ban Workplace Discrimination Based on Hairstyle,” Society for Human Resource Management California Newsletter, July 9, 2019 Author, “New Law Targets Discrimination Based on Hair Style,” Daily Journal, July 8, 2019 Presenter, “The Future of Workforce Development,” Skywalker Ranch Leadership Summit Series, 2019
Presenter, “Ethical Issues that Most Frequently Entrap City Managers,” League of California Cities’ City Managers Conference February 14, 2019
Presenter, “Lessons from #MeToo: Is Your Work Culture Inclusive Enough to Prevent Bias & Harassment Claims?”, California Association of Museums Annual Conference, 2019 Author, “California’s Top 5 New Employment Laws in Response to the #MeToo Movement,” Meyers Nave Client Alert, October 2018
Presenter, “Discipline that Sticks - How to Create Your Best Record for Arbitration,” California Public Employers Labor Relations Association Annual Training Conference, 2018 Author, “California’s Top 5 New Employment Laws in Response to the #MeToo Movement,” Meyers Nave Client Alert, October 2018
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Presenter, “Labor Law Update,” National Association of African Americans in Human Resources, Northern California Chapter, 2018
Presenter, “Investigating Disability Discrimination,” Alameda County’s Disability Employment Awareness and Training Conference, 2018
Quoted, “Outside Investigations of Harassment Have Pros and Cons,” Daily Journal, September 6, 2018
Presenter, “The Next Phase of Workplace Misconduct Claims and the Elimination of Bias,” Clear Law Institute webinar, 2018
Author, “#MeToo’s Impact on Harassment Policies, Investigations and Training,” Daily Journal’s “Top Labor and Employment Lawyers” issue, July 18, 2018 Program Chair, Workplace Investigations: Facing High-Risk Situations, CLE International Conference, 2018
Presenter, “Not Yet Illegal: Addressing Bias Issues and the Next Phase of Workplace Misconduct Claims,” Workplace Investigations: Facing High-Risk Situations, CLE International Conference, 2018
Moderator, “High Stakes & High Risks: Strategies for Handling High-Profile Litigation,” Meyers Nave/California Minority Counsel Program seminar, 2018 Presenter, “Recognizing Implicit Bias for Human Resources Professionals,” National Association of African Americans in Human Resources, 2018 Quoted, “A Look Back on Same-Gender Sex Harassment,” Daily Journal, January 29, 2018 Quoted, “California Legislation and Regulations to Watch in 2018,” Law360, January 1, 2018 Quoted, “Year in Review: Hollywood Harassment Allegations,” Daily Journal, December 27, 2017
Presenter, “Elimination of Bias: Bias Issues that May Arise in the Land Use Context,” CLE International’s Land Use Law Conference, 2017
Author, “DFEH Issues Workplace Harassment Guide for California Employers,” Meyers Nave Client Alert, 2017
Presenter, “Investigative Reports And The California Public Records Act: Protecting Privileges In Internal Investigations,” California Public Employers Labor Relations Association Annual Training Conference, 2016
Presenter, "New Issues in Employment Investigations," International Municipal Lawyers Association Annual Conference, 2016
Presenter, “New Challenges for Employers: Diversity Initiatives & Implicit Bias,” Southern California Public Labor Relations Council, 2015
Presenter, “New Challenges for Employers: Diversity Initiatives & Implicit Bias,” Meyers Nave webinar, 2015
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Presenter, “Get Ready for the New Claims: Workplace Bullying and Subtle Bias,” Meyers Nave webinar, 2015
Presenter, “Nuts & Bolts of Workplace Investigations and Issues,” Alameda County’s 11th Annual Disability Employment Awareness Conference & Training, 2014 Presenter, “How to Lead Without Breaking the Rules,” California Council of School Attorneys, 2014
Presenter, “Employee Discipline and Investigations,” Western Regional IPMA-HR Conference, 2014
Presenter, “Workplace Bullying: The Next Harassment Claim?,” California Public Employers Labor Relations Association Annual Training Conference, 2013 Presenter, “Social Media Firings: The NLRB's Do's and Don’ts,” IMLA Annual Conference, 2013
Presenter, “Social Media – Creating a Policy You ‘Like’,” Meyers Nave Webinar, 2013 Presenter, “Facebook ‘Friend’ or Foe – Social Media on and off Campus,” California Council of School Attorneys, 2012
Presenter, “Ethics 101: A Guide for Public Officials,” California Public Employers Labor Relations Association Annual Training Conference, 2008
Presenter, “Lessons Learned from this Year’s Big Employment Verdicts,” California Public Employers Labor Relations Association Annual Training Conference, 2007 Presenter, “Ethics 101: A Guide for Human Resources Administrators,” California Public Employers Labor Relations Association Annual Training Conference, 2006 Presenter, “Investigation Techniques,” Southern California Public Labor Relations Council, 2006
Representative Experience
Investigated allegations of financial mismanagement and misappropriation and conflict of interest by a CFO of a transit agency.
Investigated allegations of bullying and abuse of employees at a national audio entertainment company.
Investigated allegations against the former Mayor of Palm Springs of illegal videotaping and eavesdropping on colleagues via an intercom system.
Investigated allegations of gender discrimination made by two female council members against the Mayor of Oroville.
Investigated allegations of ethical violations and conflict of interest by a City Auditor. Investigated allegations that a COO misreported information regarding a $200 million project to implement clean technology trains to the Board of Directors for a transit agency. 116 of 582

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Investigated allegations that an Auditor for a transit agency engaged in bullying of employees. Investigated allegations that the CEO of a Health Plan engaged in conflict of interest and ethics violations.
Investigated allegations that the CEO of a Health Plan engaged in harassment, retaliation and discrimination.
Investigated allegations that an elected City Assessor-Recorder engaged in sexual harassment of male and female employees.
Investigated allegations that an elected County Assessor Recorder Registrar of Voters engaged in gender discrimination and retaliation in promotions of employees. Investigated allegations of sexual assault by a Manager of a Health Plan. Investigated allegations that an employee of a rideshare compare drugged another employee with “date rape” drugs.
Investigated allegations of Code of Conduct and other violations against executives and employees at a Health Plan.
Investigated publicized allegations of misconduct by employees at a public library. Investigated numerous fraud, waste and abuse hotline allegations against a City Auditor. Investigated allegations of sexual harassment, race discrimination and disability discrimination by senior personnel at an international multimedia entertainment company. Investigated allegations of racial bullying against two African American college students at a public university (caused public protests and involved the NAACP). Investigated allegations of harassment and abuse by an Executive Director of a social venture and technology non-profit organization.
Investigated election misconduct by police officers in a City of Bell government corruption scandal covered by national media.
Internal affairs investigation for Bay Area Rapid Transit (BART) of the BART police officer- involved shooting death of passenger Oscar Grant.
Investigated allegations of financial mismanagement, misappropriation and other misconduct by (1) the Director of Payroll at a college district, (2) School Administrators and various staff at a school district, and (3) the Chancellor, Board members, and President of a community college.
Investigated allegations of discrimination, sexual harassment and retaliation made by senior police supervisors against the Police Chief for a large city. Completed more than 60 findings in 60 days.
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Lad Page 1 of 3

JESSE LAD

Jesse Lad
Of Counsel

1999 Harrison Street, 9th Floor
Oakland, CA 94612

T: 510.808.2000
F: 510.444.1108
[email protected]

Practice Group
Labor and Employment

California Bar Number
229389

Education
Marquette University Law School, JD, 2003

University of Iowa, BA Political Science
with a Spanish minor, 1998

Practicing Since: 2003

Jesse Lad advises public sector clients in a wide variety of labor and employment matters arising under federal and
state laws, including labor relations, collective bargaining, medical leave, sexual harassment, discrimination, discipline and employee privacy. In addition, Jesse defends clients against claims of harassment, discrimination, retaliation and wrongful discharge, as well as wage and hour issues. He served as a member of the team that conducted an internal affairs investigation for the Bay Area Rapid Transit District (BART) of the BART police officer-involved shooting death of passenger Oscar Grant.

Jesse serves as chief labor negotiator and lead labor counsel for a number of cities and special districts in California, and has also handled representation and certification matters for multiple clients including the County of Alameda, City of Walnut Creek, City of Petaluma and Sacramento Housing
and Redevelopment Agency. His most recent experience in this area included assisting the City of Walnut Creek with a representational issue involving the City’s dispatchers.

He also regularly conducts arbitrations and administrative hearings on behalf of public agency employers. Jesse recently prevailed in a termination arbitration involving a former management employee for a water district, a writ petition involving a county employee’s demand for the county to
pursue a disability retirement on her behalf, and a petition by a public safety unit to enforce a side letter of agreement through the grievance process.

Jesse served as the chief negotiator for the City and County of San Francisco in its negotiations with its Municipal Attorneys’ Association as well as for the Sacramento
Housing and Redevelopment Agency and the City of
Pittsburg in their negotiations with their miscellaneous bargaining units. Jesse also successfully represented Contra Costa County and the City of Livingston in AB 646 fact- finding hearings that resulted in positive recommendations and outcomes for the clients.
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Prior to joining Meyers Nave, Jesse worked for a Sacramento firm where his practice primarily focused on defending harassment and discrimination claims for public and private employers.

While in law school, Jesse was an intern with the National Labor Relations Board and Wisconsin Court of Appeals.

Professional Affiliations
• Member, The State Bar of California
• Member, Alameda County Bar Association, Labor & Employment Law Section

Representative Experience
• City of Modesto v. Modesto Police Officers Association. Prevailed in an arbitration involving a Police Officer that was terminated for off-duty misconduct.
• Chief Labor and Employment Counsel: City of Walnut Creek, City of Modesto, City of South San Francisco, City of Pittsburg, City of Larkspur, Sacramento Housing and Redevelopment Agency, Delta Diablo Sanitation District, Moraga-Orinda Fire District, City of Cloverdale, City of Livingston, and Central Contra Costa Solid Waste Authority.

• Served as Chief Labor Negotiator: Sacramento Housing and Redevelopment Agency, City of Modesto, City of Walnut Creek, City of Pittsburg, City of Fremont, City and County of San Francisco, City of Santa Clara, City of Livingston, and West Valley Sanitation District. • AFSCME LOCAL 2019 v. East Bay Municipal Utility District. Prevailed in grievance arbitration alleging that a clause in a collective bargaining agreement precluded the district from making changes to policies and procedures during the term of the agreement. • AFSCME Local 2019 v. East Bay Municipal Utility District. Prevailed in grievance arbitration upholding the district’s methodology for determining when a recruitment should proceed on an internal basis only.
• City and County of San Francisco. Served as co-chief negotiator for memorandum of understanding (MOU) negotiations with the Municipal Attorneys Unit. • City of Pittsburg. Served as chief negotiator for MOU negotiations with all miscellaneous units. • Contra Costa County v. Contra Costa Deputy District Attorneys’ Association. Represented the county during a fact-finding proceeding after an impasse was reached between the county and the association during negotiations for a successor collective bargaining agreement. The fact- finding panel recommended adoption of the county’s proposal and issued findings of fact consistent with the county’s position.
• Laborers International Union of North America (LIUNA) v. City of Milpitas. Obtained dismissal of an unfair labor practice charge filed with the California Public Employment Relations Board alleging bad-faith bargaining by the city.
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• MacDonald v. Menlo Park Fire District. Prevailed in a grievance hearing regarding pay methodology for acting assignment.
• Menlo Park Firefighters Association v. Menlo Park Fire District. Prevailed in a grievance hearing regarding training requirements for firefighters.
• Municipal Attorney Association v. City and County of San Francisco. Prevailed in grievance arbitration upholding the monthly cap in the Long Term Disability Policy for San Francisco attorneys. The potential damages at issue in this grievance were significant citywide. • Police Officers Association v. City of Dixon. Obtained advisory arbitration decision proposing significant discipline for a police officer that failed to disclose property damage to a police department vehicle.
• Police Officers Association v. City of Livingston. Represented the city in a fact finding proceeding where the panel issued recommendations consistent with the city’s position. Negotiated a successor MOU that included significant wage and benefit concessions. • Police Officers Association v. City of South San Francisco. Represented the city in a grievance brought by its police association alleging that the city was violating a collective bargaining agreement by not cashing out sick leave upon separation from service. The arbitrator ruled that the city’s practice was consistent with the MOU and denied the grievance. • Police Officers Association v. City of South San Francisco. Prevailed in arbitration upholding the termination of a police officer that fabricated a memorandum to avoid discipline. • Police Officers Association v. City of Tracy. Obtained arbitration decision instituting a significant suspension for a police officer that engaged in off-duty misconduct. • Public Employees Local 1 v. Delta Diablo Sanitation District. Facilitated withdrawal of an unfair labor practice charge filed with the California Public Employment Relations Board alleging unlawful interference with union activity.
• Sacramento Housing & Redevelopment Agency. Served as chief negotiator for MOU negotiations with all represented units.
• Shedd v. City of San Leandro. Prepared position statement that resulted in the Equal Employment Opportunity Commission (EEOC) making a finding that no reasonable cause existed to confirm that the city engaged in discrimination. • Teamsters v. City of Tracy. Prevailed in arbitration upholding the termination of a maintenance worker who failed to obtain proper authorization for a leave of absence. • Tuolumne County Deputy Sheriffs Association v. County of Tuolumne. Prevailed in petition where the Deputy Sheriffs Association sought enforcement of schedules in side letters signed by the union and county that were never approved by the Board of Supervisors. • West Valley Sanitation District. Served as chief negotiator for MOU negotiations with all represented units.

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Middleton Page 1 of 2

DAVID M. MIDDLETON

David M. Middleton
Associate

600 B Street, Suite 1650
San Diego, California 92101

T: 619.330.1700
F: 619.330.1701
[email protected]

Practice Groups
Labor and Employment

California Bar Number
321385

Education
John Marshall Law School, JD, 2013
(Moot Court Honors Council; Midwest
Regional First Place, BLSA Frederick
Douglass Moot Court Competition
(2013))

University of Michigan, BA, 2010

Practicing Since: 2018

David Middleton is an Associate in Meyers Nave’s Labor
and Employment Practice Group advising clients on a wide range of employment law matters in state and federal court.

David’s clients range from professional sports clubs,
retailers, to nonprofit and for-profit entities. He has guided clients on decisions related to the request for proposal competitive bidding process, internships, and enforcement of restrictive covenants in the employment and commercial setting. David has extensive experience drafting internal research, memoranda, and motions.

Prior to joining Meyers Nave, David served as an Associate for a San Diego-based law firm where he represented clients in the auto manufacturing, retail, and healthcare industries in matters involving the Song-Beverly Consumer Warranty Act, premises liability, products liability and negligence. His prior experience also includes serving as a judicial law clerk for four years in the United States District Court in the Southern District of California.

Honors and Awards
Louis M. Welsh American Inn of Court Member
(Associate) – 2017-18 National First Place Team
Program Award (Unfriendly Skies: The Trial Lawyer and
the Untriable Case)
Professional and Community Affiliations
Board of Directors, Earl B. Gilliam Bar Foundation
(2019-Present)
Bar Process Management Coordinator and Tutor,
Minority Legal Education Resources, Inc. (2018-Present)

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Presentations and Publications
Presenter, “Employment Law Update – Public Entity Employers,” Meyers Nave webinar, January 13, 2022
Presenter, “Employment Law Update – Private/Non-Profit Employers,” Meyers Nave webinar, January 11, 2022
Interview, “Recent Changes to the Federal Vaccine Mandate,” KUSI News, December 28, 2021
Author, “The Federal Vaccine Mandate Is Back, for Now,” Meyers Nave Client Alert, December 20, 2021
Interview, “California Returns To Mask Mandate,” CBS News 8, December 16, 2021 Interview, “Future of Workplace Vaccine Mandates,” ABC News 10 San Diego, November 15, 2021

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ALICIA M. MORRELL

Alicia M. Morrell
Senior Associate

1999 Harrison Street, 9th Floor
Oakland, CA 94612

T: 510.808.2000
F: 510.444.1108
[email protected]

Practice Groups
Labor and Employment
Workplace Investigations

California Bar Number
310273

Education
California Western School of Law, JD,
2015

University of the Pacific, MA, Education
Administration and Leadership, 2008

Ball State University, BS, Sociology, 2006

Practicing Since: 2016

Alicia Morrell is a Senior Associate in Meyers Nave’s Labor and Employment Practice, and Workplace Investigations
Practice. She provides an array of advice and counseling services to clients on labor and employment matters.

Alicia advises clients on terminations, leave, handbook and policy compliance, and injury and illness prevention
programs. She has extensive litigation experience, including handling trials, arbitrations, and mediations. She defends employers against claims of discrimination, harassment, wrongful termination, retaliation, wage and hour, and
PAGA claims. Alicia also provides in-person and online
anti-harassment and anti-discrimination training.

In addition to Alicia’s law practice, she served as the Assistant Dean for Student Affairs at the University of the Pacific – McGeorge School of Law in Sacramento, where
she was the primary academic advisor to for almost 600 law students and oversaw the administration of the JD academic program. Prior to her work for McGeorge School of Law,
Alicia worked for multiple college campuses overseeing
graduate students, student organizations, and diversity and social justice programs. Prior to joining private practice, Alicia served as a Judicial Law Clerk for three years in the United States District Court in the Southern District of California.

Honors and Awards

• Faculty Award, 2015
• American Jurisprudence Award for Academic Excellence, 2014
• Julie A. Sina Award for Inspirational Leadership, 2008

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Morrell Page 2 of 2
Professional Affiliations
• Association of Title IX Administrators, Certified Level 2 Civil Rights Investigator Pr
esentations and Publications
• Author, Appendix G: Larry P. v. Riles in Advocacy for Low-Income Children with Disabilities in California (2014)
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Pe Benito Page 1 of 3

ANGELICA M. PE BENITO

Angelica Pe Benito
Associate

1999 Harrison Street, 9th Floor
Oakland, CA 94612

T: 510.808.2000
F: 510.444.1108
[email protected]

Practice Groups
Labor and Employment Practice
Workplace Investigations

California Bar Number
323612

Education
Santa Clara University School of Law, JD,
High Tech Law Certificate (Intellectual
Property Specialization) with honors, 2018

University of California San Diego, BA,
International Studies-Political Science,
2014

Practicing Since
: 2018
Angelica Pe Benito is an Associate in the Labor and
Employment Practice Group. Angelica has a broad
professional background that includes working as a legal specialist at WestEd (a nonprofit education research,
development and services agency), a law clerk at Samsung Research America (an emerging and core technology
research and development company), a paralegal at a
business litigation law firm, a legal administrative assistant at an intellectual property law firm, a legal intern for the AIDS Legal Referral Panel, and a judicial extern for the Honorable Ronald E. Quidachay, the longest serving judge of the San Francisco Superior Court.

An overview of her experience includes:

WestEd — provided advice and counsel on issues
pertaining to public records requests, business licensing, data sharing, privacy, certification forms, confidentiality agreements, Family Educational Rights and Privacy Act,
and non-standard contract terms
Samsung Research America — facilitated the patent
application process by performing prior art searches for new inventions, communicating with inventors and
outside counsel, and handling invention disclosure forms and patent prosecution documents; conducted legal
research on issues related to collaborative research
agreements and patent examining procedures; reviewed
nondisclosure agreements to ensure policy compliance
Business Litigation Law Firm — assisted with discovery requests, summary judgment motions, mediation-
arbitration proceedings, and preparation for hearings and trials; compiled excerpts from evidence procured during discovery to bolster arguments asserted in briefs;
prepared deposition outlines, requests for discovery,
privilege logs, exhibits, motions, and moving papers

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Intellectual Property Law Firm — drafted engagement letters, recorded client intakes, indexed official United States Patent and Trademark Office communications, managed client file database, and prepared cease and desist letters
Honorable Ronald E. Quidachay — drafted tentative rulings and prepared bench memoranda, summarized opposing arguments, and assessed each issue in light of the facts and applicable law; met and conferred with Judge Quidachay and research attorneys to discuss recommendations and rationale; observed motion hearings and oral arguments brought before San Francisco’s Law & Motion Real Property Court AIDS Legal Referral Panel — provided direct services to vulnerable clients with limited resources; assisted clients in securing and maintaining essential government benefits, insurance, and public accommodations; conducted on-site visits and drafted demand letters for clients facing housing discrimination and possible eviction

Honors and Awards

Santa Clara University School of Law – Dean’s List three semesters, High Tech Excellence Award, Senior Production Editor of the High Technology Law Journal University of California at San Diego – Provost Honors, Spring 2013

Presentations and Publications
Presenter, “Employment Law Update – Public Entity Employers,” Meyers Nave webinar, January 13, 2022
Presenter, “Employment Law Update – Private/Non-Profit Employers,” Meyers Nave webinar, January 11, 2022
Presenter, “COVID-19 Return to Work Plan: Who Returns, When, Where & How,” California Special Districts Association webinar, June 22, 2021 Author, Update on California’s COVID-19 Emergency Temporary Standards, and OSHA, Meyers Nave Client Alert, June 10, 2021
Author, Round 2: Cal/OSHA Revises Emergency Temporary Standards for COVID-19 Prevention, Meyers Nave Client Alert, June 9, 2021
Author, “Employers’ Top Three Questions About COVID-19,” North County Lawyer, February 2021
Author, “Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know,” Meyers Nave Client Alert, January 15, 2021 Presenter, “Employment Law Update: What's New, What's Changed and What's Next?,” Meyers Nave webinar, January 12 and 14, 2021
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Author, “Newly Adopted Cal/OSHA Emergency Standards Require Immediate Action by California Employers,” Meyers Nave Client Alert, November 30, 2020 Author, “SCOTUS Rules LGBTQ Workers Protected From Employment Discrimination,” Meyers Nave Client Alert, July 10, 2020
Author, “AB 5: Clarity for Some Employers, Uncertainty for Others,” Meyers Nave Client Alert, September 2019
Author, “SB 778 Extends Employers’ Deadline for Providing New Harassment Prevention Training,” Meyers Nave Client Alert, September 2019
5050369.1
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City of National City
Employment and Labor Legal Services 21

Meyers Nave | May 5, 2022

Appendix B – Certificate of Insurance

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EXHIBIT B
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

FOR EMPLOYMENT AND LABOR LAW LEGAL SERVICES WITH MEYERS NAVE IN THE NOT-TO-EXCEED AMOUNT OF $50,000.00.

WHEREAS, the City of National City (“City”) engages outside legal support for specialized areas; and

By the deadline, 8 responses were received in total; and

WHEREAS, City staff recommends City Council authorize the City Manager to execute an Agreement for Employment and Labor Law legal services with Meyers Nave in the not-to-exceed amount of $50,000.00.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves and authorizes the City Manager to execute an Agreement for Employment and Labor Law legal services with Meyers Nave in the not -to-exceed amount of $50,000.00.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 21st day of June, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an Agreement with Burke Williams & Sorensen, LLP for Employment and Labor Legal Services. (City Attorney)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________

6/21/2022

Resolution of the City Council of the Cit y of National City, California, authorizing the City Manager to execute an agreement with Burke Williams & Sorensen, LLP for Employment and Labor Legal Services.

City Attorney

Explanation is attached.

Charles E. Bell, Jr., City Attorney
 Staff Report
 Request for Qualifications
 Agreement
 Resolution

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS
HR Professional Services Expenditures
001-407-083-200

Adopt Resolution approving the City Manager to execute an agreement with Burke Williams & Sorensen, LLP for Employment and Labor Legal Services.

(619) 336-4220

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CITY OF NATIONAL CITY

STAFF REPORT

DATE: June 21, 2022

TO: Mayor and City Council

FROM: Charles E. Bell, Jr., City Attorney

SUBJECT: Resolution of the City Council of the City of National City, California, authorizing the City Manager to execute an agreement with Burke Williams & Sorensen, LLP for Employment and Labor Legal Services.
_________________________________________________________________________

The contract will provide Employment and Labor Law legal services for the City of National City (“City”). Specific responsibilities would include, but are not limited to: 1) advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings, 2) review and provide advice on labor and employment policies, reports, and documents, 3) draft labor and employment policy reports and documents on behalf of the City, 4) prepare training materials for City personnel, including the City Council, 5) represent the City in meetings with internal employee bargaining groups and outside agencies, such as the State of California Public Employee Relations Board (“PERB”).

Of the 8 responses received, the City Attorney’s Office has selected 4 to execute agreements with regarding Employment and L abor Law legal services. Burke Williams & Sorensen, LLP is one of the 4 selected by the City Attorney’s Office.

Therefore, staff recommends awarding a contract to Burke Williams & Sorensen, LLP in the not-to-exceed amount of $50,000.00 for a term beginning on the effective date until June 21, 2027. Burke Williams & Sorensen, LLP is an experienced and well-known law firm respected for its Labor and Employment practices and, in particular, for the preventative advice it provides to employers in California’s complex employment environment. Burke Williams & 135 of 582

RFQ for Legal Counsel
Employment and Labor

Page 1 of 9 ends

REQUEST FOR QUALIFICATIONS FOR

EMPLOYMENT AND LABOR LEGAL SERVICES

1. INTRODUCTION

2. THE COMMUNITY

RFQ for Legal Counsel
Employment and Labor

Page 2 of 9 ends

1.1. Purpose of Invitation

Interested and qualified firms who have demonstrated their ability at comparable work are invited to submit their qualifications.

Submittals, requests for information, or questions relative to this Request for Qualifications should be addressed to:

City Attorney
City of National City
1243 National City Blvd.

National City, CA 91950
619-336-4220
[email protected]
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RFQ for Legal Counsel
Employment and Labor

Page 3 of 9 ends

1.2 Submittal Deadline

Qualifications will be accepted until May 5, 2022. The submittal must include one original and one copy.

1.3 Contract Length

1.4 Scope of Services

1. Advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings.

2. Review and provide advice on labor and employment policies, reports and documents and reports.

3. Draft labor and employment policies reports and documents on behalf of the City.

4. Prepare training materials for City personnel, including the City Council.

5. Provide trainings to City personnel, including the City Council.

6. Represent the City in meetings with internal employee bargaining groups and outside agencies such as the State of California Public Employee Relations Board (PERB).

2.0 SUBMITTAL REQUIREMENTS

The respondent shall follow the format specified below. Each section should be tabbed and labeled in the order shown below.

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RFQ for Legal Counsel
Employment and Labor

Page 4 of 9 ends

2.1 Submittal Cover

The cover shall include the title, submittal due date, name, address, telephone and fax numbers, and e-mail address of the principal contact.

2.2 Table of Contents

The table of contents shall be complete and clear.

2.3 Cover Letter

2.4 Statement of Understanding and Proposed Methodology

2.5 Project-Related Experience

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RFQ for Legal Counsel
Employment and Labor

Page 5 of 9 ends

2.6 Project Personnel

A resume for each attorney proposed to perform as legal services should be provided with their relevant municipal employment law and labor experience.

2.7 Insurance

Respondent shall be required to comply with all the insurance requirements required under the contract, a sample of which is attached hereto.

2.8 Schedule of Rates

Respondent shall include a “Schedule of Rates” in a sealed envelope, including rates for all of the personnel that may provide services under this contract.

2.10 References

2.9 Additional Required Information

The following information should also be provided:

RFQ for Legal Counsel
Employment and Labor

Page 6 of 9 ends

• Describe your firm’s commitment to diversity in both your employment practic es and in client relations.

3.0 SELECTION PROCESS AND EVALUATION CRITERIA

3.1 Selection Criteria

The responses will be evaluated based upon the following:

3.2 Submittal Selection Process

3.3 Submittal Schedule

Distribution/Advertisement April 6, 2022
Deadline for response May 5, 2022
Interviews week of May 16, 2022
Selection and Recommendation May 26, 2022
City Council Approval June 7, 2022

3.4 Legal Services Agreement

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RFQ for Legal Counsel
Employment and Labor

Page 7 of 9 ends

4.0 DECLARATIONS AND ADDITIONAL INFORMATION

4.1 The City of National City Rights Regarding this Invitation

4.2 Acknowledgement of Amendments

4.3 Right to Cancel

4.4 Variations in Scope of Work

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RFQ for Legal Counsel
Employment and Labor

Page 8 of 9 ends

4.6 Applicable Laws

4.7 Public Information

All documents received by the City are considered public records and will be made available after the RFQ selection for public inspection and copying upon request.

4.8 Compensation

The respondent agrees, if selected, that compensation shall be governed by the terms set forth and agreed to the in the Legal Services Agreement.

4.9 Independent Contractor Status

4.10 Indemnification

4.11 Examination of Solicitation

RFQ for Legal Counsel
Employment and Labor

Page 9 of 9 ends

work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City.

5.0 APPENDICES

Appendix A – Sample Agreement

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1 AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

Article 1. Retainer. The CITY hereb y retains the FIRM to assist in representing the CITY in connection with litigation and government claims issues, subject to this Agreement.

Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement.

Article 4. Compensation. Compensation paid under this Agreement shall be as set forth in the Proposal Letter attached as Exhibit A.

C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed _______________ for LEGAL SERVICES and out -of-pocket 145 of 582
2 disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY.

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3 G. The FIRM agrees to forward to the CITY a statement of account for each one- month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM wil l consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements.

H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved.

(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.

(2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or 147 of 582
4 the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.

(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.

Article 5. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services.

Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any pe rson or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or w illful misconduct of the CITY, its agents, officers, employees, or volunteers.
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5 Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.

G. The Certificate Holder for all policies of insuran ce required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

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6 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an 150 of 582
7 individual or individuals to a profes sional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.

Notice to the FIRM shall be addressed to:
[insert Firm information here]
Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Article 15. Administrative Provisions.

A. Time of Essence. Time is of the essence for each provision of this Agreement.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, t ogether, shall constitute but one and the same instrument.

C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 151 of 582
8 Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

F. Severability. The unenforceability, invalidity, or illegali ty of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.

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9 IN WITNESS WHEREOF, the parties have executed this Agreement on the __________ day of _________________, 2022.

CITY OF NATIONAL CITY

[insert name of firm]
(Corporation – signatures of two corporate officers)
By: ________________________ By: ____________________________ Alejandra Sotelo-Solis, Mayor [insert name and title]

APPROVED AS TO FORM: By: ____________________________
(Name)

___________________________ ____________________________ Charles E. Bell Jr., City Attorney (Print Name)

____________________________

(Title)

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2021 Agreement Page 1 of 8 City of National City and
Legal Services BURKE, WILLIAMS & SORENSEN, LLP
SD #4879-1069-6485 v1

AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

BURKE, WILLIAMS & SORENSEN, LLP
THIS AGREEMENT FOR LEGAL SERVICES (the “Agreement”) is made as of the 21st day of June, 2022 between THE CITY OF NATIONAL CITY , a municipal corporation, (the “CITY”) and BURKE, WILLIAMS & SORENSEN, LLP , (the “FIRM”). This Agreement sets forth the parties’ mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services.

Article 1. Retainer. The CITY hereby retains the FIRM to serve as Legal Counsel for as-needed, general legal services regarding labor and employment law matters , subject to this Agreement.

Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. These services may include the following: as-needed, general legal services regarding labor and employment law matters as per the Proposal attached as Exhibit A, and communications with City staff (“LEGAL SERVICES”).

Article 4. Compensation. Compensation paid under this Agreement shall be as set forth in Exhibit B.

A. The FIRM shall not use more than one at torney for the same specific task without the CITY’s approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY.

B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM.

C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $ 50,000.00 for LEGAL SERVICES and out -of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out -of-pocket disbursements exceed this amount without written authorization of the CITY.

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D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM may charge for work performed for the CITY during any travel time.

E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out -of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:

(1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone, postage, rec eipts or transmission of telecopier documents, or any other items traditionally associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case -by-case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM’S failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items.
(7) Express charges, overnight mail charges, messenger services or the like, without the CITY’S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case-by-case basis.
(8) Travel and meals.
(9) Late payment charge or interest. Due to the nature of the CITY’S payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly.

F. Bills from the FIRM should be submitted to City Attorney, 1243 National City Boulevard, National City, CA 91950 -4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM.

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H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete.
(a) Each entry must name the per son or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be descr ibed, and the related work product should be reference (“telephone call re: trial brief,” “interview in preparation for deposition”).
(e) The biller ’s professional capacity (partner, associate, paralegal, etc.) should be included.

(2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable.

(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail.
(b) Due to the nature of the CITY’S payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly.

(1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost -effectiveness. All tasks typically considered associat e work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed.

(3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review.

Article 5. Independent Contractor . The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. 156 of 582
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Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services.

Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY.

Article 7. Compliance with Controlling Law . The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance or the compensation payable to the FIRM.

Article 9. Indemnification. The FIRM agrees to indemnify , defend, and hold the CITY and its agents, officers, employees , and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM’S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers.

Article 10. Insurance. The FIRM, at its sole cost and expens e, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, 157 of 582
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and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirt y (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the FIRM shall maint ain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “sur plus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the 158 of 582
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CITY’S Risk Manager. If the FIRM does not keep all insurance policies required by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reser ves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Article 11. Drug Free Work Place . The FIRM agrees to comply with the CITY’S Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug-free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.

Article 12. Non-Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but n ot be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice ship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form.

Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to:

City Attorney
City of National City
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SD #4879-1069-6485 v1
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: [email protected]
[email protected]

Notice to the FIRM shall be addressed to:

Johanna N. Canlas
Burke, Williams & Sorensen, LLP
501 West Broadway, Suite 1600
San Diego, CA 92101

and to: [email protected]

Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law.

Article 15. Administrative Provisions.

A. Time of Essence . Time is of the essence for each provision of this Agreement.

B. Counterparts. This Agreement may be exec uted in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely fo r the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. California Law . This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged 160 of 582
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in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM.

F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

G. Waiver.

The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability.

H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY
. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.

I. No Obligations to Third Parties.

Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

CITY OF NATIONAL CITY

By: __________________________
Brad Raulston, City Manager

APPROVED AS TO FORM:

By: ____________________________
Charles E. Bell Jr.

City Attorney

BURKE, WILLIAMS & SORENSEN, LLP
(Corporation – signatures of two corporate officers)

By: ___________________, Esq.

Title: ___________________________

By: ___________________, Esq.

Title: ___________________________

Timothy L. Davis
Attorney
Johanna N. Canlas
Attorney
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Exhibit A

162 of 582
Proposal to Provide Employment
and Labor Legal Services to the
City of National City
Proposed Lead Attorney
Johanna N. Canlas
Burke, Williams & Sorensen, LLP
501 West Broadway, Suite 1600
San Diego, California 92101
p: 619.814.5813
e: [email protected]
Submitted May 5, 2022
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TABLE OF CONTENTS
Page
Proposal to Provide Employment Legal Services Page i
to the City of National City

COVER LETTER ................................ ................................ ................................ ....................... ii STATEMENT OF UNDERSTANDING / PROPOSED METHODOLOGY ................................ ... 1 PROJECT-RELATED EXPERIENCE ................................ ................................ ........................ 1 Employment Advice and Counsel ................................ ................................ ........................ 2 Investigations ................................ ................................ ................................ ...................... 3 Training ................................ ................................ ................................ ............................... 4 Labor ................................ ................................ ................................ ................................ ... 5 Labor Negotiations ................................ ................................ ................................ ........ 5 Employment Litigation and Administrative Proceedings ................................ ...................... 6 PROJECT PERSONNEL ................................ ................................ ................................ .......... 7 Johanna N. Canlas ................................ ................................ ................................ .............. 7 Timothy L. Davis ................................ ................................ ................................ ................. 8 Susan E. Coleman ................................ ................................ ................................ .............. 8 Lisa W. Lee ................................ ................................ ................................ ......................... 9 Gena B. Burns ................................ ................................ ................................ ..................... 9 SCHEDULE OF RATES ................................ ................................ ................................ ...........10 REFERENCES ................................ ................................ ................................ ........................10 Client References ................................ ................................ ................................ ...............10 Union/Employee Representative References ................................ ................................ .....11 ADDITIONAL INFORMATION ................................ ................................ ................................ ..11 Ability to Provide Local Service ................................ ................................ ..........................12 Principals and Officers of the Firm ................................ ................................ ......................12 Years Providing Labor Law Services ................................ ................................ ..................13 Customer Service and Quality Assurance Philosophy ................................ ........................13 Education on Best Practices ................................ ................................ ............................... 14 Legal Research/Legislative Updates ................................ ................................ ..................14 Burke’s Commitment to Diversity ................................ ................................ ........................15 CONCLUSION ................................ ................................ ................................ .........................16 ATTACHMENT A – RESUMES
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Los Angeles – Inland Empir e – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County tdavis @bwslaw.com
501 West Broadway - Suite 1600
San Diego, California 92101 -8474
voice 619.814.5800 - fax 619.814.6799
www.bwslaw.com
May 5, 2022
Charles E. Bell Jr.

City Attorney
City of National City
1243 National City Boulevard
National City, California 91950
Re: Proposal to Provide Employment and Labor Legal Services Dear Mr. Bell:

On behalf of Burke, Williams & Sorensen, LLP (“Burke”), I am pleased to submit this response to the Request for Proposals issued by the City of National City (“City”). Burke is extremely interested in the possibility of providing employment and labor legal services to the City.

Founded in 1927, Burke is a diverse, dynamic, and preeminent public law firm. For over 90 years, the representation of public agencies has been the cornerstone of Burke’s legal pr actice.

The firm currently serves the legal needs of over 200 local governmental entities, including cities, counties, joint powers authorities, water and school districts. We take pride in our long - standing tradition of providing excellent legal service s and believe our team at Burke offers the depth, expertise, and commitment that the City seeks from its counsel. Ours is a rich tradition of providing high quality advice and services to public agencies and their departments including specialized areas s uch as police and fire . We are prepared to work closely with you in budgeting, performing, reporting on, and updating the legal services you need.

As described in the attached materials, we propose that Johanna N. Canlas serve as lead attorney and point of contact. Johanna will be assisted by a team selected to provide able legal representation tailored to the City’s needs including me, Susan E. Coleman, Lisa W. Lee, and Gena B. Burns. I specialize in Labor Negotiations, whereas Susan and Lisa are both e xcellent ABOTA-level litigators with over 50 jury trials each, and Johanna provides advice and counsel.

As you know, Gena has been serving the City as legal adviser to the Civil Service Commission and has extensive public sector labor and employment exper ience, including negotiations, disciplinary matters, and administrative hearings.
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Charles E. Bell, Jr.

May 5, 2022

Page 2 ends

National City City CouncilJune 21, 2022

National City City Council
June 21, 2022