HomeMy WebLinkAbout2021 CON Burke, Williams & Sorensen, LLP - legal servicesAGREEMENT 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
/34in day of July, 2021 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 to
the Civil Service Commission, subject to this Agreement.
Article 2. Effective Date and Term. This Agreement shall be effective on the 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. 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: providing advice and counsel to the CITY's Civil Service
Commission 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 the Proposal 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 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 $25,000.00 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, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3) Photocopy charges in excess of $.1 5 (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 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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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.
(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 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.
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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 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.
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 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 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.
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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,
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.
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 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.
shall be:
G. The Certificate Holder for all policies of insurance required by this Section
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.
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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 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 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 apprenticeship. 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 parties, notice to the Agency
shall be addressed to:
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City of National City and
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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: cbell cr nationalcityca.gov
leahma,,nationalcityca. gov
Notice to the FIRM shall be addressed to:
Johanna Canlas
501 West Broadway, Suite 1600
San Diego, CA 92101
and to: jcanlas@bwslaw.com
cc: Gena Bums
Kristen Steinke
501 West Broadway, Suite 1600
San Diego, CA 92101
and to: gburns@bwslaw.com
jcanlas@bwslaw.com
ksteinke@bwslaw.com
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, together, shall constitute but one and
the same instrument.
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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 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
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.
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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
APPROVED AS TO FORM:
By:
Charles E. Bell Jr.
City Attorney
2021 Agreement
Legal Services
BURKE, WILLIAMS & SORENSEN, LLP
(Corporation - signatures of two corporate officers)
By:
Title:
By:
Eric S. Vail
Title: Partner
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City of National City and
Burke, Williams & Sorensen, LLP
EXHIBIT A
•
Proposal to Provide
Legal Services to the
CITY OF NATIONAL CITY
Proposed Lead Attorney
Gena B. Burns
Burke, Williams & Sorensen, LLP
501 West Broadway Suite 1600
San Diego, CA 92101-8474
p: 1 619.814.5820 I e: gburns@bwslaw.com
Submitted June 22, 2021
BURKE, WILLIAMS & SORENSEN, LLP
BURKE, WILLIAMS & SORENSEN, LLP
TABLE OF CONTENTS
Page
BURKE, WILLIAMS & SORENSEN, LLP 1
About Burke 2
RELEVANT LABOR AND EMPLOYMENT EXPERIENCE 3
Disciplinary Actions and Administrative Proceedings 3
Approach to Advising Commissions and Boards 4
PROPOSED TEAM 4
Gena B. Burns 4
Kristen S. Steinke 5
Johanna N. Canlas 5
Staffing 6
REFERENCES 6
RATES 6
Hourly Rates 6
Adjustments 7
Reimbursements 7
Billing Format and Procedure 7
CONFLICTS OF INTEREST 7
CONCLUSION 8
ATTACHMENT A — RESUMES 9
Proposal to Provide Legal Services Page i
to the City of National City
BURKE, WILLIAMS & SORENSEN, LLP
BURKE, WILLIAMS & SORENSEN, LLP
Burke, Williams & Sorensen, LLP is a California limited liability partnership. Burke is comprised
of 24 owners under the leadership of a Management Committee and Managing Partner. Firm
management includes owners who practice substantially or entirely in the area of municipal law,
and the firm has a longstanding commitment to the needs of its municipal clients. Details of our
firm are listed below.
Firm Name
Founded
Name, Address, Telephone Number, and
Email Address of the Proposer's Point of
Contact
Number of Attorneys/Staff
Headquarters Office
Additional Firm Offices
Inland Empire
1770 Iowa Avenue, Suite 240
Riverside, California 92507
Tel: 951.788.0100 I Fax: 951.788.5785
Oakland
1901 Harrison Street, Suite 900
Oakland, California 94612
Tel: 510.273.8780 I Fax: 510.839.9104
Orange County
1851 East First Street, Suite 1550
Santa Ana, California 92705
Tel: 949.863.3363 1 Fax: 949.863.3350
Palm Desert
73-929 Larrea Street, Suite 4A
Palm Desert, California 92260
Tel: 760.776.5600 I Fax: 760.776.5602
Burke, Williams & Sorensen, LLP
1927
Gena B. Burns
Burke, Williams & Sorensen, LLP
501 West Broadway, Suite 1600
San Diego, California 92101
Tel: 619.814.5820
Email: gburns@bwslaw.com
127/60
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, California 90071
Tel: 213.236.0600 1 Fax: 213.236.2700
San Francisco
1 California Street, Suite 3050
San Francisco, California 94111
Tel: 415.655.8100 I Fax: 415.655.8099
Silicon Valley
60 South Market Street, Suite 1000
San Jose, California 95113
Tel: 408.606.6300 I Fax: 408.606.6333
San Rafael
181 Third Street, Suite 200
San Rafael, California 94901
Tel: 415.755.2600 1 Fax: 415.482.7542
Ventura County
2310 East Ponderosa Drive, Suite 25
Camarillo, California 93010
Tel: 805. 987.3468 1 Fax: 805.482.9834
Proposal to Provide Legal Services Page 1
to the City of National City
About Burke
c�
L:r <,±a.
BURKE, WILLIAMS & SORENSEN, LLP
For nearly 90 years, the representation of public agencies has been the cornerstone of Burke's
legal practice. Burke provides public entities with a full range of legal, advisory, transactional,
and litigation services organized into nine practice groups: Public Law; Labor and Employment
Law; Construction Law; Litigation; Environmental, Land Use and Natural Resources; Real
Estate and Business Law; Insurance Coverage and Litigation;; Intellectual Property; and
Education Law. The firm's 127 attorneys serve clients from 10 offices throughout California.
With regional offices in San Diego, Los Angeles, the Inland Empire, Marin County, Oakland,
Orange County, Palm Desert, San Francisco, Silicon Valley, and Ventura County, as well as
modern modes of communication and travel, we can easily be where our clients need us to be,
when they need us to be there.
The legal environment in which public entities are required to function is both diverse and
complex. Recognizing this, our Public Law Practice Group contains many sub -groups and
teams allowing our attorneys to specialize in particular areas of public law while still maintaining
general public law expertise. These sub -groups include, but are not limited to, the following:
Public Entity Administration and
Municipal Law
Open Meetings Laws (Brown
Act)
Public Records Act
Conflicts of Interest
Election Law Issues — Initiative,
Referendum and Recall
Public Finance and Taxation
Public Works and Contracts
Solid Waste Franchising
Trial and Appellate Litigation
Asset Foreclosure
Section 1983 Civil Rights
Claims
Land Use and Environmental Law
• Land Use Planning and Zoning
• California Environmental Quality
Act (CEQA)
• Development Agreements
• Growth Management
• Historic Preservation
• Annexation and Incorporation —
LAFCO Proceedings
• Redevelopment and Economic
Development
• Endangered Species
• Sustainability and Green Building
• Water Law and Public Trust
Public Sector Labor and
Employment
Grievances
• Labor Negotiations
Disciplinary Hearings
• Personnel Advice
Trial and Appellate Litigation
Meyers-Milias-Brown Act
• Public Safety Officers
Procedural Bill of Rights
• Title VII
• California FEHA
ADA
• CalPERS (PERL, PEPRA,
PEMHCA)
More than one-half of our work is for public entities and we currently serve the legal needs of
over 200 governmental entities. We are frequent lecturers, speakers, and teachers to
numerous associations and clients. Our public lawyers collectively have hundreds of years of
experience as general and special counsel for special districts, cities, towns, counties, and other
public agencies. The biographies of all of our lawyers, with descriptions of their expertise and
experience, can be found on our website at www.bwslaw.com.
• Proposal to Provide Legal Services Page 2
to the City of National City
r -
BURKE, WILLIAMS & SORENSEN, LLP
RELEVANT LABOR AND EMPLOYMENT EXPERIENCE
Burke's proposed team has extensive experience with labor and employment matters that it can
bring to bear in serving the Civil Service Commission. Burke has nearly 40 experienced
attorneys in our Labor and Employment Law Practice Group, and offers the Civil Service
Commission the skills of some of our most experienced labor and employment practitioners,
Gena B. Burns, Kristen S. Steinke, and Johanna N. Canlas. All have extensive experience with
all aspects of labor and employment matters for a variety of public sector agencies and will be
available depending upon the specific needs of the Civil Service Commission. In servicing the
Commission, Gena may also draw upon the resources and collective experience of the entire
Labor and Employment Law Practice Group.
Disciplinary Actions and Administrative Proceedings
Burke is experienced in all phases of the disciplinary process. Recognizing the complexity of
discipline in the public employment context, we work closely with our clients to manage problem
employees to ensure that in the event serious discipline is warranted, both the decision to
discipline and the measure of discipline are legally defensible. We are regularly called upon to
assist with the initial evaluation of a proposed disciplinary action and, in those cases where
discipline is warranted, to prepare the Skelly notice. We are expert in the special laws that
protect additional protections for safety employees. When a disciplinary action is challenged,
members of our team are expert at ensuring the disciplinary action is upheld in the disciplinary
appeal process. When we are not defending the disciplinary matter, we often act as an advisor
to the decision -maker on the disciplinary issue. Burke attorneys have specific and recent
experience in disciplinary actions. They have successfully defended disciplinary actions before
Civil Service Commissions as well as private hearing officers and arbitrators.
In addition, we have handled dozens of arbitrations, administrative hearings and complex writs.
As reflected in the experience of the members of the proposed team, Burke represents its
clients in both federal and state courts, administrative and governmental agency proceedings,
arbitrations, and appeals. We also represent employers in disciplinary, grievance, and benefit
proceedings.
Our success is rooted in our commitment to building strong relationships with every member of
the defense team, providing regular communication, and building consensus on the defense
strategy. Understanding that every agency is unique, we invest time in developing a deep
knowledge of the client, its mission, policies, structure and governance, practices and culture,
specific rules and regulations, and expectations of defense counsel. Our familiarity with our
public agency clients' needs and operations allows us to provide focused and effective
assistance.
Our well -established relationships and in-depth knowledge of each of our public agency clients
assists in formulating overall defense strategies and provides focused and effective support.
Our approach to the litigation process narrows risk, eliminating issues and entire actions
through targeted and effective motions and tactics.
Proposal to Provide Legal Services Page 3
to the City of National City
j
BURKE, WILLIAMS & SORENSEN, LLP
Through the firm's hands-on training sessions, we train our attorneys on cutting -edge legal
developments relating to disciplinary and administrative hearings. We pride ourselves as being
the firm of choice for clients facing challenging administrative/disciplinary hearings.
Approach to Advising Commissions and Boards
Each municipality has its own preferences as to how its attorney should work with the elected
officials, appointed officials and city staff. As a first step, Gena will work with you to understand
what the Commission has adopted as its rules and preferences; then she will follow them. We
believe that our job is to make rules and legal options as clear as possible so that the elected
and appointed officials are empowered to represent the people who chose them. Our style at
meetings varies with the preferences of the presiding officer and the Commission or Council
itself. We can sit quietly until called upon, or until a possible problem emerges, such as a
Brown Act violation that requires intervention to protect the City, or signal the chair that we have
something to say that may be useful, depending upon local preference. Gena is generally pro-
active after she has spent some time getting to know the elected and appointed officials with
whom she works. When working with the various commissions, boards, and councils, she finds
it best to:
• Work collaboratively with the Cormission chair and his or her staff to be sure that we have
a chance to discuss both recurring and novel issues early, when the chances for minimizing
expense are greatest, and to understand the preferred lines of communication
▪ Learn the Commission's customary way of working, so that we complement the work done
by staff and elected and appointed officials
• Take advantage of the fact that we represent, as general or special counsel, many public
agencies and can spread the cost of preparing memoranda on new issues, cases, and
legislation over many clients
• Take advantage of Burke's experienced lawyers who are efficient in their areas of practice
that are relevant to the Commission's work
• Respond promptly, and to work together to avoid unnecessarily rushed jobs, knowing that
some are inevitable
PROPOSED TEAM
Gena B. Burns
Gena B. Burns' legal career is focused on public agency labor and employment. She has
extensive experience with employee disciplinary and administrative hearings. She has served
as counsel to both the San Diego County Civil Service Commission and the City of Chula Vista
Civil Service Commission. In addition, she has experience handling all aspects of disciplinary
matters from the investigation, to the Skelly process, to the appeal. She has been lead counsel
on behalf of public agencies at many disciplinary appeal hearings before both personnel
Proposal to Provide Legal Services Page 4
to the City of National City
DULkA_
BURKE, WILLIAMS & SORENSEN, LLP
commissions and arbitrators, and has a track record of success. She has also handled cases
before administrative agencies, such as the Public Employment Relations Board and the
National Labor Relations Board.
Beyond her expertise with employee disciplinary matters and hearings, she also regularly
advises public agency clients and litigates matters concerning the Meyers-Milias-Brown Act,
CaIPERS, the Public Safety Officers Procedural Bill of Rights Act, the Firefighters. Procedural
Bill of Rights Act, leaves of absence, wage and hour issues, sexual harassment, workplace
violence, collective bargaining processes, and interpretation of labor contracts. Gena also
conducts independent investigations of complaints involving discrimination, harassment,
retaliation, and workplace misconduct. She also provides training on a wide -range of topics.
Kristen S. Steinke
Kristen Steinke currently serves as the City Attorney for the City of Lemon Grove and has
occupied that position since October 2018. She served as Deputy City Attorney for the City of
Lemon Grove for three years prior to her appointment as City Attorney. Serving as City
Attorney for the City of Lemon Grove, Ms. Steinke attends all meetings of the City Council and
provides legal advice to the City regarding parliamentary procedure, the Brown Act, the
California Public Records Act, Conflicts of Interest, FPPC regulations and other relevant law.
Kristen previously served as Deputy City Attorney for the City of San Marcos. She has also
served as special counsel the City of San Marcos, the City of San Diego, the City of National
City, the City of Carlsbad and other public agencies. Ms. Steinke has focused her practice on
general civil litigation, eminent domain, inverse condemnation and municipal law since she
began practicing law in 2008. Her practice areas include general municipal law, civil litigation,
land use, planning and zoning, eminent domain, administrative law, the Brown Act, the Public
Records Act, conflicts of interest, FPPC regulations and code enforcement.
Kristen is also the immediate past President of the City Attorney's Association of San Diego.
She was the Chair of the Eminent Domain Section of the San Diego County Bar Association
from 2013 to 2015 and again served as Chair between 2018 and 2020. She is a member of the
State Bar of California and the U.S. District Court for the Southern District of California and is
the immediate past Chair of the Escondido Chamber of Commerce.
Johanna N. Canlas
Johanna N. Canlas has almost 20 years of municipal law experience. She has been the City
Attorney for the City of Solana Beach for the last 13 years and has served as the City Attorney
for the City of Coronado since 2012. She is an experienced and knowledgeable advisor on the
full range of public law issues. She advises city councils, boards, commissions, and city staff in
all areas of municipal law such as open meeting laws conflicts of interest laws, claims review,
personnel, and labor relations.
Johanna has held leadership roles and collaborates with regional and statewide organizations to
stay current on the latest legal developments that may impact the clients.
Proposal to Provide Legal Services Page 5
to the City of National City
BURKE, WILLIAMS & SORENSEN, LLP
Staffing
Burke is fortunate to have long -tenured, well -trained, and very capable secretarial and paralegal
staff available to serve our attorneys and our clients efficiently. Whenever possible, we rely on
our in-house resources in an effort to contain and reduce legal costs for our clients.
As of the date of this proposal, Burke employs over 60 support staff in our 10 offices. Burke
maintains a Word Processing Department, a Librarian, litigation support professionals,
information technology, accounting, and managerial staff in its Los Angeles office that are
available by e-mail or phone to assist other offices or attorneys in the field. We have attorneys
and experienced support staff to handle very large, complex, and document -intensive cases.
REFERENCES
We are proud of our service record with our clients. We encourage you to contact the existing
client references listed below about the merits of Burke, its personnel, and its services.
Client Name and Address . g
_ ..n%t't F� ,.. -..tee r-.� ...v"
City of Solana Beach
635 South Highway 101
Solana Beach, CA 92075
Contact 1 Tel 1 Email :s
_ .3'_ .:, _#;. .;. a s.. � ;•.
Gregory Wade, City Manager
858.720.2444
gwade(a�cosb.org
City of Coronado
1825 Strand Way
Coronado, CA 92118
Mark Ochenduszko, City Manager
619.522.7335
mochenduszkocoronado.ca.us
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Courtney Chase, Director of Human Resources
619.691.5096
cchasechulavistaca.qov
RATES
We believe that the rates quoted below are reasonable and competitive.
Hourly Rates
Staffing
Hourly Rate
Blended Rate
$265
Paralegals
$145
Proposal to Provide Legal Services
to the City of National City
Page 6
BURKE, WILLIAMS & SORENSEN, LLP
Adjustments
The rates for legal services quoted in this proposal will remain in effect until July 1, 2022.
Thereafter, unless otherwise negotiated, rates shall be adjusted based on a standard annual
adjustment upon consultation with the City Manager as part of the Council's standard budget
adoption process, equal to the greater of the average All Urban Consumer Price Index (CPI) for
the San Diego -Carlsbad metropolitan area for the previous four quarters. Hourly rates will be
adjusted in an amount equal to five dollars ($5.00) per hour or by a percentage equal to the
percentage change in the CPI, whichever is greater.
Reimbursements
We routinely charge our clients for our direct out-of-pocket expenses and costs incurred in
performing the services. These costs and expenses commonly include such items as
reproduction of documents, facsimile, mileage reimbursement for travel at the IRS approved
rate, and other costs reasonably and necessarily incurred in performing services for the City.
We do not charge a service fee or overhead for cost reimbursement items. We also do not
charge for computer or word processing time. Reimbursement amounts may be adjusted
annually.
Rate
In-house reproduction charges
black and white
20¢ per page
color
$1 per page
Mileage
Facsimile
56¢ per mile (or current IRS rate)
$1 per page
All other costs reasonably and
necessarily incurred in performing
services for the City
at cost
Billing Format and Procedure
Bills are sent out each month invoicing charges for the prior month. Fees for our services are
charged in increments of 1/10th of an hour. The bills provide a specific description of the work
performed by all attorneys, the time actually spent on the work item, and the billing rate of the
attorney. These bills also contain itemized descriptions of any out-of-pocket expenses incurred
during the prior month.
CONFLICTS OF INTEREST
Before representation is undertaken by the firm for each new client and each additional matter
for an existing client, the responsible partner must perform a conflict check and obtain the
Proposal to Provide Legal Services Page 7
to the City of National City
BURKE, WILLIAMS&SORENSEN, LLP
approval of the Managing Partner. The conflict check consists of a search through Burke's
computerized database of billing records, client matter lists, and related names/parties to
identify potential conflicts. This database is regularly and routinely updated. The responsible
partner is provided with the results of this search and must then review and follow up on each
potential conflict listed to determine whether a conflict has arisen under the Rules of
Professional Conduct and under any special conflict rules imposed by the client. The matter is
then discussed with and approved by the Managing Partner.
If a conflict of interest situation is identified involving Burke clients, Burke will notify and/or seek
a waiver from the clients as required under the California Rules of Professional Conduct. If
requested, Burke will assist the client in obtaining different counsel for the matter.
We are pleased to note that our search of our database for the City of National City resulted in
no known conflicts of interest.
CONCLUSION
Burke has the experience, dedication, and resources to serve the City's needs ethically,
efficiently, and cost-effectively. We will be happy to provide you with any additional information
you require about our firm and welcome the opportunity to meet face-to-face to discuss Burke's
capabilities and readiness to represent the City of National City. We appreciate your
consideration of our proposal.
Proposal to Provide Legal Services Page 8
to the City of National City