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HomeMy WebLinkAbout2022 CON Burke Williams & Sorensen - Labor and Employment LawAGREEMENT FOR LEGAL SERVICES BY AND BETWE'l THE CITY OF NATIONAL CITY AND BURKE, WILLIAMS & SORENSEN, LLP THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made as of the 21 st 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 2. Effective Date and Term. This Agreement shall be effective on the date fully executed and continue until June 21, 2027. This Agreement may he 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: 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 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 goodprofessional 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. 2021 Agreement Legal Services SD #47 -1 - 4 vl Page l of City of National City and BCE, WILLIAMS & SORENSEN, SEN, LLP 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 overtire, 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. I. 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) (4) Photocopy charges in excess of .1 (fifteen cents) per page. 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 ease -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) E quipment, 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 1 0- 3 1. 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. 2021 Agreement Legal Services SD #4879-1069-6485 v! Page 2 of City of National City and BURKE, WILLIAMS & SORENSEN, LLP 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 ratter 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 rust be had. This includes document review. Article 5. Independent Contractor. The FIRM shall perform services a.s an independent contractor. It is understood that this contract is for unique professional services. 2021 Agreement Legal Services SD 4 '79-1O 9-64 5 vl Page 3 of City ofNational City and BTJRKE, WILLIAMS & SORENSEN, LLP Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRIVI 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 cornpiled or composed by the FIRM pursuant to this Agreement is for the sole use ofthe 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 FRM 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. AcceptOjlitysof 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 terra 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 lirnit per accident. Such automobile insurance shall include owned, non -owned, 2021 Agreement Legal Services SD #4879-1069-6485 vi Page 4 of City ofNational City and BURKE, WILLIAMS & SORENSEN, LLP and hired vehicles. The policy shall name the CITY and its officers, ers, 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 $2,000,000aggregate 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 FIlRM' 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 ofwork 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 days prior •itten notice to the CITY' s Risk Manager, at the address listed in subsection G below, of cancellation or material change. T. 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) ofthis 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 ofNational 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 bynon- admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers " SLI" . and otherwise meet rating requirements. T. 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 2021 Agreement Legal Services SD #4879-1069-6485 v1 Page 5 of City of National City and BURKE, WILLIAMSS RE SE. , LLP 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 tines 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. Dru2 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 riot 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, recniitment 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 Forrn, The FIRM has the right to effect changes in form including but not limited to: the change in forTn 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: City Attorney City of National City 2021 Agreement Legal Services SD #4879-1069-6485 vl Page 6 of City ofNational City and BURKE, WILLIAMS & S REN EN, LLP 1243 National City Boulevard National City, CA 1 0-47 cc: Executive Assistant to the City Attorney City •ofNational City 1243 National City Boulevard National City, CA 91950-4397 and to: att me venation lcityca.goy leahmnationalcitvca. gov otice to the FIRM shall be addressed to: Johanna N. Canlas Burke, Williams & Sorensen, LIP 501 west Broadway, Suite 1600 San Diego, CA 92101. and to: jcan1asbws!ay.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. 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 detei uu 'nation 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 agreernents of the parties and all prior negotiations and agreements are merged 2021 !agreement Legal Services SD 4 79 1 O69-64 5 v 1 Page 7 of City of National City and BURKE, WILLIAMS & SORENSEN, LLP 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. Wa v . 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 ofinterest. During the terra 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 ` dul s% 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. 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 NA , Lorry By: Br-u ston, City Manager APPROVED A . TO FORM: Charles E. Bell Jr. City Attorney 2021 Agreement Legal Services SD # 79-1069-6485 v 1 Page 8 of BUR , WILLIANIS & SORENSEN, LLP (Corporation --signatures of MO corporate officers) By: :f Timothy L. Davis , Esq. Title: By: Title: Atto =n ey Esq. Johanna N, Caritas Attorney City of National Cit .and BURKEx WILLIAMSSORENSEN, LLP Exhibit A � I"0 nc Dosa to Drovice Employment Labor Legal Se'Mces to the CITY OF NATIONAL CITY 'romscc Leac Attorney Johanna `J. Canas 3urke, Williams & Sorensen, LLP 501 West Broacway, Suite 1600 San Diego, Caffornia 92101 a 6'19.814.5813 ^: jcan1as@vvsIawccm Su 3mittec May 512022 E3UR E. WILLIAMS & SORENSEN. LILT COVER LETTER TABLE OF CONTENTS BURKE, WILLIAMS & SORENSEN, LIAR Page ... I f STATEMENT OF UNDERSTANDING / PROPOSED METHODOLOGY.. 1i PROJECT -RELATED EXPERIENCE Employment Advice and Counsel. Investigations Training Labor Labor Negotiations ... Employment Litigation and Administrative Proceedings ..,.. ..... PROJECT PERSONNEL ..i... 1 4 Johanna1 M. a n 1. a ... .........._................■............................... r r ..... r ................................................ Timothy L. Davis Susan E. Coleman ,.,. . .... Lisa W. Lee .. Gena B. Burns. ..... ..... SCHEDULE of RATES ..i...ii...}.ii.i.4...1D REFERENCES .... 10 Client References. 10 Union/Employee Representative References ............. I 1 ADDITIONAL INFORMATION .. } .,11 Ability to Provide Local Service . 12 Principals and Icers of the Firm 1,....;..;.. . Years Providing Labor Law Services „ .............i.......... 13 Customer Service and Quality Assurance Philosophy 13 Education on Best Practices . 14 Legal Research/Legislative Updates .........,.....,......_.., ,s1 Burl e's Commitment to Diversity . 15 CONCLUSION 16 ATTACHMENT A— RESUMES Proposal to Provide Employment Legal Services Page to the City of National City BURKE, WILLIAMS& SORENSEN, LLP 501 West Broadway - Suite 1600 San Diego, California 9 1 Oft-8 74 voice 619.814.5800 - fax 619.814.6799 www.bwslaw.com tdavis Ct bwslew,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 practice. 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 services 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 such 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 excellent 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 experience, including negotiations, disciplinary matters, and administrative hearings. Los AngeIe5 -- In1 nd Ein( ire — Harr' Couot — O kI rirJ — Orange County - Palm Oeser . — San Diego - 3j,1 Fr3nclsco entura Ccumty BURKE, WILLIAMS & SORENSEN.. LLP Charles E. Bell, Jr. May 5, 2022 Page Thank you for considering us. If you have any questions regarding this proposal, or if you would like additional information, please feel free to contact me or Johanna Canlas at the number listed above. We look forward to hearing from you.. Very truly yours, Burke, Williams . Sorensen, LLP 6/7'"Ij Timothy L. Davis, Partner anc Chair Labor and Employment Law Practice Group B(JRKE, WILLIAMS & SORENISEN, LLP STATEMENT OF UNDERSTANDING PROPOSED METHODOLOGY Johanna Canlas will be the City's primary point of contact at Burke. Johanna holds primary responsibility for coordinating all legal work under the scope of this proposal with National City. After evaluating the City's needs, and with the approval of the City, Johanna will either perform the necessary work herself, or assign the work to another appropriatie attorney. All work will be performed with the goal of providing the best legal services in a timely and cost efficient manner. Under Johanna's leadership, the proposed attorneys work under a team approach. To date, this team approach has been extremely effective in delivering timely and quality services to Burke's clients all over the state. One of the primary benefits of this arrangement is that Burke is a one -stop shop that can deliver the highest quality legal services. We rely upon the skill and knowledge of our attorneys and will coordinate those with the needs of the City to provide timely and well -reasoned advice based on our legal knowledge and practical experience. Our attorneys understand the value of preventative advice. We will work with the City to manage difficult employee issues in a way that is not only legally defensible, but also provides for a positive and proactive workplace. We will help identify and mitigate potential risks with proposed employment actions in order to provide the City the best possible chance of success if such actions are appealed or challenged in litigation. We will work as part of the City's team, always mindful of your practical needs when analyzing legal issues. Well -designed and utilized personnel rules, employee handbooks, policies, and procedures can serve as an organization's best defense in employment law disputes. Consequently, in addition to the regular advice we provide on these matters, we can review, draft and update policies and procedures that reinforce an employer's expectations and ensure legal compliance with applicable state and federal laws. Our approach to our advice and counsel practice is centered on being available to respond to issues as they arise. As mentioned above, Johanna will be the primary point of contact for the City. When contacted by phone or email, Johanna will initially review the issue with the City, and. if possible, provide immediate advice. When such immediate advice is not possible, Johanna will identify what additional information may be needed, may recommend appropriate legal research, and will then either analyze the issue or assign it to an appropriate attorney to analyze. We will provide a response in whatever form requested by the City. For longer -term projects, such as personnel rules revisions and audits, a personnel investigation or litigation, we will provide the City with a projected timeline for completion of the project and, if requested, an estimated budget for such projects. PROJECT -RELATED EXPERIENCE Burke is well-known and respected for its Labor and Employment practice and, in particular, for the preventative advice it provides to employers in California's complex employment environment. Burke's Labor and Employment Law Practice Group is dedicated to helping employers solve their labor and employment issues in a strategic, creative, and cost-effective Proposal to Provide Employment Legal services Page 1 to the City of National City BUUR E, WILLIAMS & SOREN E , LLP manner. To accomplish this goal, Burke has nearly 40 experienced attorneys in our Labor and Employment Law Practice Group. Our team is well -versed in all areas of employment law, and in those areas of employment law that are unique to the public sector, including the following: 111 Fair Employment & Housing Act Title VIl California wage & hour laws Fair Labor Standards Act Americans with Disabilities Act Age Discrimination in Employment Act Family and Medical Leave Act California Family Rights Act Constitutional and statutory privacy requirements Poi RA and F oR ersonnel investigations Skelly hearings, disciplinary appeals Administrative Hearings including PERB, etc. Retaliation} Discrimination, Harassment Fitness for Duty exams 0.1 Substance abuse and testing • Occupational Safety and Health Act • USERRA Whistleblower claims Conflicts of interest Statutory immunities Grievance procedures and requirements Employee discipline and due process ▪ The Equal Pay Act Compensation and benefits Wrongful termination/discharge First Amendment We are experienced in handling personnel issues that arise with employees. Our attorneys understand the value of preventative advice, and work with our clients to manage difficult employee issues in a way that not only provides a defense in employment law disputes, but also provides for a positive and proactive workplace. We will work as part of the City's team, always mindful of the practical needs of our clients when analyzing their legal issues. Employment Advice and Counsel All of the proposed team members have advised employers on complicated personnel issues. They have participated in interactive process meetings, coordinated leave issues, advised on FLSA compliance, evaluated risks associated with reorganization, evaluated employee discipline issues and assisted in countless other employment matters. All proposed team members have significant experience with public sector discipline, and regularly advise on the Skelly process and the implementation of discipline. We regularly collaborate with employers to identify and mitigate potential risks with proposed employment actions to provide the employer with the best possible chance of success if such actions are appealed or challenged in litigation, Our team is very familiar with harassment, discrimination, and retaliation claims that arise under the FEHA and other workplace laws, and we work with management and Human Resources to not only respond to these claims, but to prevent them. We regularly serve as neutral workplace Proposal to Provide Employment Legal Services Page to the City of National City BLOKE, WILLIAMS & SOREN E , LL.P investigators of these claims.' We also frequently advise Human Resources staff on conducting internal investigations, and assist in overseeing outside investigators, As discussed below, our team consists of highly sought-after trainers on the prevention of harassment, discrimination, and retaliation in the workplace. When claims are made with outside agencies, such as the DFEH or the EEOC, our attorneys are well -versed in working with public employers to provide compelling and persuasive responses to charges of discrimination. Our attorneys understand that well -designed and utilized personnel rules, employee handbooks, policies, and procedures can serve as an organization's best defense in employment law disputes. Consequently, in addition to the regular advice we provide on these matters, we also regularly draft, audit, and update personnel rules, as well as advise clients on employment related documents, policies and procedures that reinforce an employer's expectations and guidelines to ensure it is in compliance with the various applicable state and federal laws. Investigations Burke's Labor and Employment Law Practice Group members understand the frequent and unique challenges facing public entity employers in California. Burke's employment attorneys have been providing public sector investigative services for over 25 years. Because Burke's employment attorneys regularly conduct neutral investigations, oversee workplace investigations by outside investigators, interact with union representatives, advise on discipline and remedial measures stemming from misconduct investigations, represent employers in Skelly hearings and disciplinary appeals, and defend investigations in litigation, we bring critical experience and perspective to performing timely, high -quality investigations that will withstand subsequent scrutiny.. Our background and experience in conducting workplace investigations is extensive. Our investigations have involved allegations of workplace harassment, discrimination and retaliation, harassment, threats of violence, inappropriate or unlawful hiring practices, bullying, insubordination and conduct unbecoming, whistleblower retaliation, general workplace misconduct, neglect of duty and conflict of interest, among other issues. We have conducted investigations in response to internal grievances and complaints, inquiries by state and federal agencies, requests by employers, and complaints of misconduct filed by members of the public. Our experience includes investigations for public agencies involving high-level employees, elected or appointed officials, and sensitive personnel and political issues. We have also been involved in multi -party investigations, and we are well-equipped to handle the complications involved when there are cross -allegations made during investigations. We are familiar with specialized issues including POBRA/FEBOR admonitions and rights, Lybarger, and the like. Due to confficts of interest, our attorneys only serve as neutral investigators when our relationship with the City permits it. For example, we could not ethically serve as a neutral investigator and then defend litigation arising from the same investigation. When we are unable to serve as a neutral investigator, we work closely with our client to assist in, selecting the best person for the investigation. Proposal to Provide Employment Legal Services Page 3 to the City of National City BURKE, WILLIAMS & SORENSEN, LLP Additionally, our attorneys regularly teach Human Resource Professionals and other in-house investigators on appropriate investigation techniques and preparing effective investigation reports. Training We present customized employee and management training seminars for our clients using state-of-the-art audio-visual and media equipment and technology, as well as providing handout materials to participants. The quality of Burke's workplace trainings is due to a winning combination of legal and practical experience and the engaging nature of our attorneys. Good information is lost on employees if it is not presented in an understandable and interesting way. While most employees have participated in mandatory sexual harassment prevention training,. our attorneys are constantly working with eni lovers to present this information in new and interesting ways, and also identifying opportunities to present additional content to aide in the prevention of harassment. For example, our attorneys have worked with employers to do more with training by including other related topics, such as supervisory best practices; diversity, inclusion and belonging; implicit bias; or bystander training. We also 1- Ve presented small group discussion based trainings for managers to allow them an oppol[unity to engage in a more in-depth discussion with their peers on the prevention of harassment. In addition, as practicing attorneys, our training team sees the unintended consequences of an uneducated workforce on almost a daily basis. Supervisors are an employer's first line of defense for most employment matters, but yet they are uninformed of their obligations. Training is the first step to avoiding future liability. in recognition of this, our training team developed a supervisor series, "Human Resources Boot Camp for Supervisors." This highly customizable training can incorporate any number of labor and employment law topics to address the specific issues an employer is facing. We have presented this training series in a variety of formats, ranging from half -day training to all -day training to a series of trainings over months. Our training team recognizes that training is only effective when it is customized to the specific agency, and so they will work directly with staff to design a training that incorporates the Authority's policies and practices and addresses the specific issues being faced by the Authority. Our training team is qualified to train officials, supervisors, and general employees on most labor and employment law smatters, as well as unique public agency issues. Our training topics include, but are not limited to the following: • Human Resources Boot camp for Supervisors Mandatory AB 1234 Ethics Implicit Bias in the Workplace Social Media in the Public Sector Workplace Free Speech and the Internet • Disability and the Interactive Process ▪ Effective Workplace investigations Proposal to Provide Employment Legal Services to the City of National city Mandatory AB 1825 and 1661 Harassment Prevention Advanced Harassment Prevention Everyday Ethics for Supervisors Public Agency Use of Social Media Managing Leaves of Absence Creating Effective Documentation Employment Law Basics Page 4 Employment Litigation 101 Diversity and Inclusion in the Workplace Fitness For Duty Evaluations Workplace Bullying and Hazing Transgender Workplace Issues Marijuana in the Workplace POBRA and FBOR Compliance Preventing Lawsuits Resulting from Termination Hacking and Cybersecurity Privacy and Privilege in Litigation BURKE, WILLIAMS & iOREN EN, LLP Complying with the Brown Act Working in the Public Sector Fishbowl Workplace Violence Prevention Dealing with Difficult Employees Wage and Hour Basics Supervising in a Unionized Workplace Effective Performance Evaluations Complying with the California Public Records Act. Background Checks In recognition of our expertise, our attorneys are regularly invited to present at training conferences hosted by agencies such as theCalifornia Public Employers Labor Relations Association (CALPELRA), CalCities (the League of California Cities), California Joint Powers insurance Authority CJPiA), International Public Management Association for Human Resources (IPMA-HR), California Special Districts Association (CSDA), Southern California Labor Relations Council, ICRMA, and local County Bar Associations. We also publish educational materials. In addition to publishing legal updates and authoring articles for publication by other agencies, Burke's labor and employment team publishes Legal Trends, which is an annually -updated treatise on California labor and employment law. Legal Trends has been distributed for over 20 years at CALPELRA, which is the largest public sector labor relations conference in the state. A copy of our most Legal Trends can be downloaded at. https://www.bwslamcomipublications/2021 -legal-trends/. ��.ab r Burke's background and experience in collective bargaining and labor matters is extensive. We regularly represent numerous public sector clients of all sizes in all aspects of labor work, including collective bargaining, impasse procedures (including mediation, interest arbitration and fact-finding), grievances, PERB hearings, and arbitrations. Labor Negotiations Our representation of public agencies in labor contract negotiations encompasses identifying issues to bargain, recommending, drafting, and revising proposals, establishing parameters with the client, serving as our clients' lead negotiator (or in a supporting role if that better suits the client), briefing and taking policy direction from decision -making boards, coordinating public relations efforts to support the bargaining strategy, overseeing completion of final MOUs, and training managers regarding implementation of the revised MOUs. When necessary, we also lead the agency through the impasse and fact-finding.. After discussions with the management, we will develop and propose a negotiation procedure that best meets the employer's needs, Burke has the experience and capacity to provide all of Proposal to Provide Employment Legal Services Page to the City of National City BURKE, WILLIAMS& SORENSENF LLP the services needed to complete negotiations, including but not limited to preparation of salary surveys, obtaining MOUs from comparable agencies, preparation of proposals for bargaining, presentations to the Board, etc. We tailor our approach to meet the needs of the employer. We are equally comfortable serving as lead negotiator, legal advisor at the table, or behind -the - scenes support. As lead negotiators for public agencies, our attorneys are known state-wide for their creative and effective negotiation skills. Burke labor attorneys have developed a negotiating process for public agencies that focuses not only on the agreement itself, but also on an agreement that complements the on -going union -management relationship. We pride ourselves on our ability to enhance the relationship through the bargaining process, rather than to strain that relationship, even when negotiating about difficult issues. Employment Litigation and Administrative Proceedings One of our many strengths is the true depth and breadth of our experienced trial attorneys and public agency advocates. Members of the proposed team have tried cases to verdict in counties throughout the state, 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. Each proposed member of the team has personally handled numerous employment discrimination and other employment. matters. We have, time and time again, achieved superb results for our clients, through dismissals e.g. demurrer, summary judgment), trial verdicts, and appellate decisions. Collectively, the members of our proposed team have handled hundreds of cases in state and federal court, and have tried approximately two hundred cases to jury verdict. In addition, we have handled several hundred administrative hearings, writs and appeals. 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. In litigated cases, we take a hands-on approach by personally investigating the underlying alleged incidents, interviewing key personnel, developing the key chronology, and ensuring all relevant evidence is preserved, as well as developing a comprehensive litigation strategy to minimize legal costs while providing an aggressive defense of our clients. We approach witness preparation with extreme care to ensure that each witness understands his/her role in the overall defense of the matter and is well -prepared and ready to provide his or her best testimony. 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 npioyment Legal Services Page to the City of National City BURKE, WILLIAMS & SORENSEN, LLP Through the firm's hands-on training sessions, we train our attorneys on cutting edge litigation practices, the practical realities of litigation, and legal developments. We pride ourselves as being the firm of choice for clients facing challenging lawsuits and administrative hearings. Whenever a case goes to trial, we are able to draw upon our deep talent pool to prepare the best possible case. PROJECT PERSONNEL Johanna N. CanIas Johanna Canlas has over 20 years of municipal law experience and currently serves as City Attorney for the communities of Coronado and Solana Beach. She has been their City Attorney for almost a decade and a half.. An experienced and knowledgeable advisor on the full range of public law issues,. Johanna advises city councils, boards, commissions, and city staff in all areas of municipal law including labor and employment. Her proactive and deft approach in identifying legal issues and managing risks help her clients address them early and before they result into litigation. Johanna has represented her clients before regional, state and federal agencies. She built relationships she can draw upon to facilitate open dialogue and reach common ground when available. While Johanna provides constructive and practical legal advice to her clients, she will zealously defend City decisions when needed. 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. She has helped City Councils recruit, negotiate and contract with new city managers and has helped her clients navigate difficult retirement, discipline, and dismissal of employees. Johanna is proud of the long-lasting relationships she maintains with current and former clients. Johanna received her J.C., cum /aude, from the California Western School of Law and her B.A. from the University of California, Santa Barbara. She is a member of the San Diego County Bar Association, the Lawyers Club, and the City Attorney's Department Emergency Response Committee of CalCities (League of California Cities). Johanna is bilingual and speaks Filipino (Tagalog) fluently. Proposal to Provide Employment Legal Services Page 7 to the City of National City Timothy L. Davis IL. BtURKE, WILLIAMS & SORENSEN, LLP Timothy Davis is an equity partner of Burke and serves as Chair of Burke's Labor and Employment Law Practice Group. He has been with Burke his entire legal career, starting at the firm as a summer clerk in 1994. Tim has negotiated numerous labor agreements between cities and their employee groups, including police, fire, general employees, and management groups. Tim is also an experienced trial lawyer and has represented public employers in a variety of lawsuits. Additionally, his practice includes internal investigations of employment complaints involving discriminatin and harassment, as well as grievances. He also trains Human Resources professionals and managers regarding proper investigation techniques. Tire's practice includes development of personnel rules and policies including discipline and grievance procedures, and the investigation of grievances, He advises management clients on labor and employment law compliance matters. He has also served as legal adviser during grievance proceedings. Tim's reported decisions include Alhambra Police Officers Association v. City of Alhambra, (2003) 113 Cal.App.4th, 413. Tim has served as a lead negotiator in collective bargaining for the cities of San Diego, Roseville, Oakland (2009), Santa Cruz, Tracy, Rohnert Park, San Rafael, Burlingame, theSanta Cruz Port District, and he has advised numerous cities and public agencies throughout the state of California on collective bargaining issues. Tim received his B.A. degree cum lac/cle in Integral Studies from Saint l ary's College of California in 1992 and his J.D. degree from the University of the Pacific, McGeorge School of Law in 1995. Susan E. Coleman For over 28 years, Susan Coleman has represented agencies and law enforcement officials in over 50 civil jury trials in federal and state courts throughout California, with very successful results. Susan is an associate of the American Board of Trial Advocates (ABOTA). Susan worked for the Department of Justice, Office of the Attorney General, for over 13 years. Since then, she has represented various law enforcement agencies and their employees including but not limited to the State of California Department of Corrections; the cities of Modesto, Newport Beach, Simi Valley, Burbank, Hemet, Alhambra, Riverside, Oxnard, Pasadena and Los Angeles; the counties of Kern, San Bernardino and San Diego; and The Regents of the University of California. She specializes in civil rights and employment litigation defense. Susan also has extensive experience with class action litigation, including several class actions on behalf of the Department of Corrections. She represented the Board of Parole Hearings in a lengthy bench trial involving the Americans with Disabilities Act (Armstrong v. Davis). Within the last few years, Susan has defeated class certification in two potential class action cases Proposal to Provide Employment Legal Services Page 8 to the City of National City BURKE,WILLIAMS & SORE SEN, LLP involving multiple law enforcement agencies (LAPD/CDCR), and another involving an ankle - monitoring company, and she and Nate Oyster resolved a class action by LGBT inmates against West Valley Detention Center in San Bernardino County. Lisa W. Lee Lisa Lee has over 25 years of litigation experience and a strong background in constitutional Iaw/civil rights litigation, employment litigation and criminal law. She is a trial lawyer who has successfully represented individuals, businesses, police officers and governmental entities in more than 9'0 jury trials throughout California. Before joining Burke, Lisa worked as a Deputy City Attorney with the Los Angeles City Attorney's Office in the Police Unit for six years representing Los Angeles Police Department officers, as well as the Los Angeles Police Department and City of Los Angeles, in a variety of police civil rights matters in both state and federal court. She successfully litigated and tried numerous use of force matters, including officer involved shootings. Prior to the City Attorney's Office, Lisa worked in private practice handling contracts and employment issues, and she began her career at the Ventura County District Attorney's office and Maui Prosecutors' Office prosecuting sex crimes and homicides. Gena B. Burns Gena Burns is a senior associate with Burke and has been practicing law for over 10 years. She graduated cum laude from UC Hastings, School of Law in 2010 and received her B.A. from the University of California, San Diego. She is a member of the City Attorneys Association of San Diego, the San Diego County Bar Association and the California Public Employers Labor Relations Association. Gena has specialized in labor and employment Iaw for the entirety of her legal career, with a focus on public sector employment Iaw. She has helped guide cities and other public agencies on matters concerning equal employment opportunity laws, disability and family medical leave, sexual harassment, workplace violence, public employee benefits and retirement, employee discipline and disciplinary arbitrations, collective bargaining processes, and interpretation of labor contracts. Gena has represented clients in both state and federalcourt and has litigated several wage and hour cases, including FLSA violations. She conducts and oversees workplace investigations of all types. Gena has extensive experience representing clients at hearings, such as before the Public Employment Relations Board, and at administrative arbitrations and disciplinary hearings. She has expertise in employee disciplinary matters,including those involving police officers and firefighters. She has also served as the legal advisor to several personnel boards and commissions. In fact, over the past year, she has worked closely with the City of National City as the legal advisor to the Civil Service Commission. Proposal to Provide Ernployrnenit Legal Services Page to the City of National City BURKE, WILLIAMS & SORENSEN, LLP Gena has served as lead the lead negotiator for cities throughout California. Gena has become a trusted adviser to many agencies in San Diego County, including the Cities of Coronado and the Solana Beach. City staff can always pick up the telephone and reach Gena to discuss the latest labor and employment legal developments or even for a sounding board. Gena is looking forward to developing a thriving relationship with the City and providing exceptional service. For the past four years, Gena has volunteered to edit The Municipal Law Handbook. She has also delivered trainings to the League of California Cities and to the California JPlA. She also enjoys using her experience and knowledge to provide a variety workplace trainings. SCHEDULE OF RATES Burke's rate schedule is included in a sealed envelope and submitted with this proposal. 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 References and Address City of Coronado 1825 Strand Way Coronado, CA 92118 City of Solana Beach 635 S Highway 101 Solana Beach, CA 92075 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Tina Friend, City Manager 619.522.7337 (office) tina.friend coronado.ca. us Blair King, former City Manager for the City of Coronado, current City Manager for the City of Bainbridge Island, WA 206.842.2545 bkinq c,bainbri. ewa.gov Gregory Wade, City Manager 858.720.2431 (office) gwade©cosb.org David Ott, Retired City Manager 858.354.1858 otter9813( hotmailcom Scott Chadwick, City Manager 760.434.4 70 scot chaciwicic@carlsbadca.gov Proposal to Provide Employment Legal Services Page 10 to the City of National City BUR E, W[LLIAMS & SORENSEN, LLP Client Name and Address County of San Diego 1600 Pacific Coast Hwy, Ste 355 San Diego, CA 92101 City of Newport Beach 100 Civic Center [rive Newport Beach, CA 92660 Lonnie Eldridge, County Counsel 619.531.4860 Lonnie. Eldridge@sdcounty. ca.Cov Aaron Harp, City Attorney 949.644.3309 aharo@newportbeachca_cloy Union/Employee Representative References Name an Address Contact I Tel I Email Law Offices of James J. Cunningham,, A.P.C. 10405 San Diego Mission Road, Suite 201 San Diego, CA 9 198 Castillo l--iarJer 6848 Magnolia Ave., #200 Riverside, CA 92506 James Cunningham 858.693.8833 iicgiimcunninghamiaw.com Tiffany Moran, Labor Representative 909.466.5600 tiany,cstillharer cam ADDITIONAL INFORMATION Burke, Williams & Sorensen, LLP is a California limited liability partnership. Burke is comprised of 25 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 Point of Contact, and Local Office Address Burke, Williams & Sorensen, LLP 1927 Johanna N. Canlas Burke, Williams & Sorensen, LLP 501 West Broadway, Suite 1600 San Diego, California 9 101 Tel: 619.814.5813 Email: jcanlas@bwslaw.com Number of Attorneys/Staff 13 / 0 Proposal to Provide Employment Legal Services Page 11 to the City of National City 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 1 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 Paine Desert 73-929 Larrea Street, Suite 4A Palm Desert, California 92260 Tel: 760.776.5600 1 Fax: 760.776.5602 Ability to Provide Local Service BURKE, WILLIAMS& SORENSEN, ALP Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, California 90071 Tel: 213.236.0600 I 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 I Fax: 415.482.7542 Ventura County 2310 East Ponderosa Drive, Suite 25 Camarillo, California 93010 Tel: 805.987.3468 I Fax: 805.482.9834 If selected, Burke would serve the City primarily from its office in San Diego, where Johanna Canlas, Gena Burns and Susan Coleman are based. In addition, regardless of office location, modern technologies affords us many platforms to allow contact as needed, whether by video conferencing, teleconferencing, or basic cell phone, email, or texts. The proposed core team will be readily available and accessible to the City at all reasonable times, Principals and Officers of the Firm A list of Burke's equity partners and officers is below. 510.903.8829 Email j randTitle-ee.hon& Gregory R. Aker esker@bwslaw.com Daphne MM. nneet 213. 36,2802 ( anneetAbwsla . m Mark J. Austin 949.265.3418 maustin(Q wslaw.c rn Proposal to Provide Employment Legal Services to the City of National City Page 12 BURKE, WILLIAMS& SOREN EN, LLP L Name and Title Telephone_Imm, 510,903.8809 Email sblo h(bwslaw.com Susan E. Bloch Susan E. Coleman 619.814.5803 scolemanbwslaw.corn Melissa M. Cowan 213.236.2829 mcowan@bwsiaw.com Douglas W. Dal Cielo 408.606.6318 ddalcielobwslaw.com Timothy L. Davis 408, 06.6317 tdavis@bwslaw.con Thomas D. „lex 951.801.6612 t..�.bwslaw.com Cheryl Johns0n-Hartwell 213.236.2811 cjohnson-hartwell bwslaw.com Michelle Marchetta Kenyon 510.273.8774 rnkenyon bwslaw.conm Jack P. Lipton, Ph.D. 213.236.2817 i1ipt n bwslaw.com Daniel '' v. Maguire 213.236.2801 dmaquire bwslaw.com Joseph M. Montes 213.2 6.27 6 lmontes@bwslTww.com Elizabeth M. Pappy 408.606.6305 epappy@bwslaw.com Brian A. Pierik 805A37.4407 boierik@bwslaw.corn Gerald J. Ramiza 510.273.8723 jramizabwslaw.cor Anna O. Shirnko 415.655.8115 ashimkoPbvslaw.com Kevin D. Siegel 510.903. 806 ksiegeI bwsla .com Alan A. Sozio 213.236.2819 asozio@bwslaw.com Benjamin L. Stock 415.755.2605 bstockqbwslavv.cor Gregory E. Thomas 510.903.8862 c thomas bwslaw.ccm Eric S. Vail 951.801.25 evail brslay.com John J. Welsh 213.236.2818 jwe1shbwslaw.com Samantha W. Zutler 415.655.8113 szutler&bwslaw.com Years Providing Labor Law Services Burke, Williams & Sorensen, LLP has been providing labor law services to municipalities for over 40 years. Customer Service and Quality Assurance Philosophy Our clients' needs are the driving purpose behind our philosophy on the provisi0n of legal services. We are acutely aware that the legal profession is a service industry. As such, our first priority is to develop the working relationship that w0rks best for the City. The overriding determinant in the relationship has to be the client's desire what does the City of National City want? The surest way to ensure productive working relationships is to establish the ground rules at the outset who can authorize work, what the limits are of such authorization, who needs to be copied on the work, when the work needs to be completed, etc. Johanna Canlas will sit down with the City Attorney to establish those ground rules. Once established, ongoing communication is key to ensuring expectations are met and to the City's satisfaction. Proposal to Provide Employment Legal Services Page 13 to the City of National City BUPKE, WILLIAMS & SORENSEN, LLP The City Attorney or his designee will have telephonic access to the necessary team members at all times, and other Burke attorneys working for the City will coordinate with the City Attorney and appropriate staff to ensure prompt responses to communications. It is our goal to provide a substantive response to routine questions immediately when possible and at all times within 48 hours. When a response requires additional research or review of documents, a response tirne will be arranged to fit the needs of the City. Typically, our average response time for more involved matters is between three and seven business days. There is no average time to perform substantive tasks like drafting agreements or modifying ordinances, as each of these situations differs in complexity and exigency. With this type of work, our goal is to respond to the +ity's needs in a way that is efficient but also provides an excellent work product. Burke attorneys utilize smartphones, tablets, laptops, and the firm's remote server to seamlessly work from any location. The physical location of Burke's attorneys presents no barrier to timely respo nses. Education on Best Practices In recognition of our expertise, our attorneys are regularly invited to present at training conferences hosted by agencies such as the California Public Employers Labor Relations Association (CALPELRA), CalCities (the League of California Cities), California Joint Powers insurance Authority (CJPIA), international Public Management Association for Human Resources IPMA-I-IR), California Special Districts Association (CSDA), Southern California Labor Relations Council, and the Los Angeles and Orange County Bar Associations. We also publish educational materials. In addition to publishing legal updates and authoring articles for publication by other agencies, Burke's labor and employment team publishes Legal Trends, which is an annually -updated treatise on California labor and employment law. Legal Trends has been distributed for over 20 years at CALPELF A, which is the largest public sector labor relations conference in the state. Legal Research/Legislative Updates We keep abreast of the ever -changing legal landscape, and we advise our clients of changes to be aware of in a variety of ways, depending on the circumstances. At tires, it may be a phone call to advise the City Manager, City Attorney, or designee on recent developments in a pending litigation. At others, a more detailed notice is warranted. It is our practice to keep in regular communication with our clients and to be closely attuned to the issues each specific client faces. When significant developments occur that are relevant to all public sector employers, we frequently prepare a generic notice and then follow-up with each individual client to discuss how the development is relevant to the specific public agency. To keep our public agency clients abreast of new and pending legislation and case law that may be applicable to their circumstances, we send electronic notices to inform our clients of legal hot topics. Proposal to Provide Employment Legal Services Page 14. to the City of National City BUR CE, WiL. LIAMS & SORENSEN, LIP Burke also publishes the widely circulated Legal Trends, an annual publication that summarizes the key developments in labor and employment law, especially designed for employers in the public sector. Burke's Commitmentto Diversity To promote greater diversity and inclusion, Burke established a Diversity, Equity & Inclusion Committee. The DE Committee has an independent annual operating budget, reports directly to the Firrm's Management Committee, and provides regular updates to the Firm's Ownership. The DEI Committee has established four areas of emphasis, each of which has a subcommittee: (1) Education; (2) Recruitment; (3) Retention and Employee Morale; and 4 Civic Engagement. Participation in the DEI initiative has flourished, with lawyers and professional staff volunteering to chair sub -committees and ad hoc working groups addressing issues of specific interest to them. In 2021, more than one-third of the firm actively engaged in committee work and firm attendance at DEi events averaged 60-6°./. With the entire firm working remotely for the better part of 2021, the DEi initiative played a key role in creating pathways for collaboration, connection, learning and support. As of March 23, 2022, 22% of Burke's entire attorney team are people of color and 46% are women; 15% of Burke's non -owner partners identify as members of underrepresented groups and 42% women; and 16% of the equity partners are people of color and 36% women. 40% of Burke's professional administrative team are people of color and 77% women. 3 of the 5 members of the firm's Management committee are women and/or a member of an underrepresented group. The 4-person Personnel committee is chaired by a person of color and has 2 female committee members. Our chief, dministrative Officer is a woman and all of the firm's administrative managers are women or identify as non -white. In the previous 6 years, 7 of the 14 attorneys elevated to equity partner were women. Collectively, 55% of the firm's attorneys are women and members of underrepresented communities. Overall, 66% of the firm is comprised of women and people of color. Burke is also a signatory of the 2021 San Diego County Bar Association's Diversity Pledge anc is committed to elevating underrepresented attorneys in management and leadership. By signing this pledge, Burke has committed to complete a survey each year that describes progress towards achieving the following goals: hiring and retaining entry-level and lateral attorneys who substantially represent the diversity of the population of the County of San Diego and the surrounding region; Proposal to Provide Employment Legal Services Page 15 to the City of National City BUIRE, WILLIAMSSORENSE#, LLP promoting Underrepresented Attorneys to management, supervisory, executive, leadership, and similar senior positions; consider the participation of Underrepresented Attorneys who will staff a matter on behalf of the outside law firm; and regularly and actively participate in diversity and inclusion events, volunteer initiatives, and diversity pathway programs organized by the San Diego County Bar Association (SDCBA)I SDCBA's Committee on Diversity and inclusion (CD!), affinity bar associations, and other law -related organizations. 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 Employment Legal Services Page 16 to the City of National City BURKE,WILLIAMS& SOR NSEN, LLP ATTACHMENT A - RESUMES Proposal to Provide Employment Legal Services to the City of National City -00 Johanna N. Canlas PRACTICE GROUPS Environmental, Land Use, and Natural Resources Labor and Employment Litigation Public Real Estate and Business EDUCAT10. J:D.. cum Dude. California Western School of :.mow BA, University of California Banta Barbara ADMISSIONS State Bar of California United States District Court for the Southern District of California AFFILIATIONS San Diego County Bar Association Lawyers Club League of California Cities. City Attorney°s Department Ad Floc Emergency Response Committee Partner San Diego 501 \'pest Broadway, 'Suite 1 00 San Diego California 10.1 BURK E WILLIAMS & SORENSEN, SLR jcanias©bwslaw.com 6198'14.5813D 619 814 6799 T Johanna Canlas currently serves as City Attorney for the cities of Solana Beach and Coronado. She is General Counsel of the successor agencies to the Community. Development Agency for the City of Coronado and the Solana Beach Redevelopment Agency. Johanna is also General Counsel to Solana Energy Alliance (SEA), the first Community Choice Energy in the San Diego region. Johanna serves as General Counsel to SBCS Corporation flea South Bay Community Services, a community -based nonprofit organization providing a comprehensive range of services for children, youth, and families in San Diego county. Johanna represents clients in all matters affecting public agency and non- profit governance, from day- to -day decision -making and operations to long- term policy implementation. These include zoning and planning, environmental review and compliance, public contracting, labor and employment, real estate transactions, and intergovernmental relations, Johanna is active with the League of California Cities and is a current member of the City Attorneys Department Ad Hoc Emergency.. Response Committee. She also served as the San Diego County Division Representative to the Legal Advocacy Committee,. She is a past president of the City Attorneys Association of San Diego. As a former prosecutor, Johanna has invaluable jury and court trial experience prosecuting California state and local municipal code violations. In addition to employing all judicial remedies available, she implemented and incorporated restorative justice and creative sentencing solutions to address the root causes of quality of life issues affecting local communities. Johanna has proven an effective advocate for clients. She has represented them before regional boards, state permitting agencies, and federal reulator'y bodies. She prioritizes her relationships with clients. many of which span more than a decade. RESULTS 4 Haw v. City of colana Beach, 195 Cal.App.4th 542 (2011) INSIGHTS T Presentations "Avoiding Disastrous Responses to a Disaster: Recurring Topics During COVID-19," League of California Cities, October 16, 2020. 4.1 -441t- PRACTICE PRACTICE GROUPS Labor and Employment Litigation, Public EDUCATION. .D., University of the Pacific, McGeorge School of Law. 1995 B.A., cam laude. Integral Studies. Saint Mary's college of California;, 1992 ADMISSIONS State Bar of California United States District Court for the central District of California Tinothy L. Partner Pronouns he.hlr. his Silicon valley 60 South Market Street, Suite 1000 Sari Jose California 95113 avis 1111 i.URKE, WILLIAMS& S RE1 EN , td avi s©bwslaw. com 408 606 6317 D 408. 06.6300 T Timothy Davis is a partner in Burke, Williams & Sorensen's Silicon Valley office and is Chair or the firm's Labor and Employment Law practice group. Tim has tried to verdict employment cases in both federal and state court, and has conducted over 70 employment arbitrations. Tim routinely defends employers in litigation matters in actions involving state and federal Ia r. such as Title VII. the California Fair Employment anc Housing Act. Americans with Disability Act, Age Discrimination and Employment Act, Family. and Medical Leave Act, California Family Rights Act, California Pregnancy Disability Act. Public Safety officers Procedural Bill or Rights, and wage and hour issues, including wage and hour class actions. He has represented employers in claims of wrongful terrnination, breach of fiduciary duty, breach of loyalty, unlawful interference with prospective economic advantage. unfair competition. and constitutional rights violations. His practice also includes the representation of employers before state, federal, and local administrative proceedings, including the Department of Labor, local civil service commissions, FERB, EEOC, and OSHA. Tirm's reported decisions include Atha -infra ra Police Officmfs Association v. -City of Alhambra, (003) 113 Cal AppAth, 413. Tim also represents both public and private employers as a lead negotiator during collective bargaining with their employee groups, inc ruins police, firs, general employees. and rnanacernent groups. Additionally, his practice includes internal investigations of employment complaintinvolving Iiscrimination and harassment, as well as the presentation of seminars on how to prevent discrimination and harassment. ent. and investigate allegations of discrimination and harassment. He also trains human resources professionals and managers regarding proper investigation techniques. His practice includes development of personnel rules and policies including discipline and grievance procedures, and the investigation of grievances He advises management clients on labor and employment law compliance matters. He has. also served as legal advisor during grievance proceedings. Tim"s commitment and exoerience in public law began in law school, where he co-authored the article, 'tDoes a Public Law Attorney Owe a Duty to Third Parties?" which appeared in the Summer 1994 issue of the Public Law Journal RESULTS ■ Torrance et al, v. City of Alhambra. Public Safety Officers Procedural Bill of Rights litigation. Prevailed at trial; employee writ and request for injunction denied; affirmed on appeal Flannagan v. City of Alhambra. Police First Amendment litigation. Federal jury trial verdict for plaintiff limited to $8,000 damages. • Alhambra Police Officers Association v. City of Alhambra. Public Safety officers Procedural Eili of Rights litigation Prevailed at trial. affirmed on appeal, Employment -Related Litigation ▪ Tony Reeves v. City of,Alham.ra. Race discrimination litigation. Prevailed on summary judgment. ▪ Anthony Jones v. City of Alhambra. Race discrimination litigation. Prevailed on summary judgment. • Earl Bot/ e v. City ofAlhambra, Race discrimination litigation. Prevailed on summary judgment. • Alhambra Firefighters Association v. City of Alhambra, Ernployrnent litigation. Prevailed on summary judgment. Edith Lopez v. City of ,Alhambra. Police discrimination litigation race, gender, religion. Settled at mediation. ▪ Isaac Amey v. City of South Gate, et al. Race discrimination/ harassment litigation. Settled at mediation. • Sonia Clayton v. City of South Gate. et at Pregnancy and gender discrimination litigation. Settled after mediation. a Armando Castillo v. Ventura County Community College Dist. Race and age discrimination litigation. Settled at mediation. • Ray Centeno v. Ventura County Community College District. Race discrimination and harassment litigation. Settl at mediation_ Arbitrations Involving Public Employee Clairns a Peter Nava v. City of,Alharn, ra, Wrongful termination arbitration. Prevailed at arbitration; employee writ denied; affirmed on appeal. • Daniel Humphreys v. City of Alhambra. Wrongful termination arbitration. Prevailed at arbitration; employee writ denied • Philip Sheriden v, City of Alhambra. wrongful termination. Prevailed at arbitration; employee writ denied. • Pfau v. City of Alhambra. Employment arbitration. Prevailed at arbitration. • Jose Feliciano v. City of Glendale Wrongful demotion arbitration. Prevailed at arbitration. Mike Briedert v. City of Santa Cfarita. Wrongful termination. Prevailed at arbitration. • R.P. Brar v. City of Banning. Wrongful termination. Prevailed at arbitration: writ of mandate denied. ▪ Cecelia Cotlano v. City of Moorpark. Wrongful suspension and wrongful termination. Prevailed at arbitration on both matters. Celia Hernandez v. City of Moorpark. Wrongful termination arbitration. Prevailed at arbitration. • Anthony Smith v. City of Chino Hills. wrongful termination arbitration. Prevailed at arbitration, ▪ Michael Johnson v. Port Hueneme. Wrongful termination arbitration. Prevailed at arbitration ▪ John Harbor v. City of Santa Paula, Wrongful termination. Prevailed at arbitration • Larry Blinn v. Pail .Hueneme. Wrongful termination. Prevailed at arbitration. ▪ Israel Reyes v. Port Hueneme. Wrongful termination. Prevailed at arbitration. • Myrna Kassack v. City of Hemet. Termination. Prevailed at arbitration; upheld on writ before in Superior -t. Timothy L Davis Page 2 INSIGHTS Presentations Health Insurance Opt -Outs After the Affordable Care Act and Flores v. City of San Gabriel Decision," County Counsels' Association of California Employment Law Conference, Santa Barbara. November 2016 'Essentials of Workplace Investigations,' .CALPELRA Annual Training Conference, Monterey Conference Center, November 2016 'Firefighters Procedural Bill of Rights and the Police Officer Bill of Rights: At the Intersection of Labor Relations and POBRIFPBRA." CALPELRA Annual Training Conference, Monterey Conference Center, October 2015 "Going with the Flow: Managing Multiple Bargaining Units to Obtain Optimal Settlements," CALPELRA Annual Training Conference, Monterey Conference Center, Novniber 2014 "Preparing for Factfinding; Tools to Navigate the Impasse Process Under the MBA," CAI PELRA Annual Training Conference, Monterey Conference Center, November 20, 2013 "Preparing for Factfinding: Tools tc.) Navigate the Impasse Process Under the MMBA," County Counsels Association of California Employment Law Fall Conference, November 7. 2013 "Negotiating Changes to Pension Benefits," San Diego Taxpayers Association, September 12, 2013 "Predict a Better Future: Dealing with Difficult Employees," 2013 Western Region IPMA Annual Training Conference, May 1, 2013 "Creating Effective Documentation California Joint Powers Insurance Authority's Human Resources Academy, April 23. 2013 Timothy L Davis Page 3 PRACTICE GROUPS Labor and Employment Litigation Public EDUCATION JD., Santa Clara University, 1994 B._, Whitman College, 1991 ADMISSIONS State Bar of California Supreme Court of the United States United States Coin of Appeal for the Ninth Circuit United States District Court for the Central. Eastern, Northern, and Southern Districts of California United States District Court for the District of Colorado AFFILIATIONS American Board of Trial Advocates. As sociate President, Federal Bench Executive Committee. California State Bar — 2016, Vice President - 2015, and member 2012- 2014 Member. Public Safety Committee. League of California Cities, 201.E - 2014 RECOGNITIONS "Outstanding Achievement in Client Representation' award from Attorney General !error Brown in 2006 (received by 1 person annually in the Civil section of the CA Dept of Justice) Fellow, Litigation Counsel of America. Trial Lawyer Honorary Society Susan E. Coleman Partner Pronouns she, her, hers San Diego 501 West Broadway, Suite 1 600 San Diego, California 92101 Los Angeles 444 South Flower Street. Suite -40.0 Los Angeles.. California 90071 Bl IRKE. WILLIAMS & SORENSEN, sco'leman@l wslaw.corin 619 814.5800 619. 14.6 9,9 T 213. 36 2831 D 213 , 00 T Susan Coleman is a Partner at Burke, Williams& Sorensen LLP with 27 years litigation experience and a strong background in constitutional law/civil rights litigation ane employment law Susan has defended individuals and officials. governmental entities and corporations in 50 civil jury trials in federal and state courts throughout California, with very successful results (over 9 5% defense. verdicts). Susan is an associate of the American Board of Trial Advocates ( BOT ). Susan worked for the Department or Justice. Office of the Attorney General. for over 13 years. Since going to private practice, Susan has represented various entities such as the cities of Alhambra, Burbank, Hemet, Long Beach, Los Angeles, Modesto, Newport sport Beach, Pasadena, Simi Valley, Stockton and Riverside; the county of San Bernardino; the GEO Group; Management Training Corporation, Alcohol Monitoring Systems Inc., the Bureau of Prisons, the California Department of Corrections and Rehabilitation, and those entities" individual employees and executives. Susan also has extensive experience with class action litiation, including several class actions on behalf of the Department of Corrections, and she represented the Board of Parole Hearings in a lengthy bench trial involving the Americans with Disabilities Act (Armstrong v. Davis). in the last few years, Susan has defeated class certification in cases for various clients. Susan has specialties in certain unique areas of law including officer -involved shootings and other uses of force, alleged wrongful conviction cases and ankle -monitor relate; litigation (for companies such as AIMS, B,I. inc,. an LCA. Inc.). She also conducts personnel investigations as needed for clients. Susan has: consistently taken measures to ensure excellent representation of her clients in a cost-effective manner_ For example, she recommends LVN review and summary of medical records (providing a medical expertise at a fraction of attorney billing rates): she keeps brief banks on common areas of law in order to avoid re -inventing the wheel for each case: and she takes every effort to eliminate defendants and/or clairrns from the case at the earliest opportunity, prevailing on many cases at the motion to. dismiss or demurrer stage. \Nhile many cases cannot be defeatec at the initial motion stage.. Susan has had excellent results in prevailing in summary judgment and at trial. She is also in favor of, and actively pursues, measures to decrease future litigation, such as pursuing the award and recovery of _costs after prevailing, having plaintiffs declared as vexatious litigants where appropriate. or seeking recovery of fees and costs under FRCP 41(d).. for prior lawsuits when there are successive similar lawsuits. During levy school, Susan served as Articles Editor for the Santa Clara Law Review, In addition, she held a. clerkship for the California Court of Appeal, Fourth District for Justice J.Smith_ After obtaining her J.D., Susan attended San Francisco State University's Master's in Tax program from 19 4-1 gg , completing all but thesis. RESULLd • Yadkouri _v. VVa1mart, LA S .a erior Court. Case No. Bao20135, verdict on 1011 /19. Opposing counsel: David DeRubertis and Amir Mostafavi of The deRubertis Law Firm. Issues: gender, age, race, and national origin discrimination, failure to prevent discrimination. and wrongful ter►`n ination•. Defendant: Walmart Stores, Inc. • Tedrick v. WeImart, LA Superior Court, Case No. BC58996, verdict on 5/19/2017. Opposing counsel: Irving Morris, Carney Shegarian. Issues: gender discrimination, wrongful termination, failure to prevent discrimination Defendant: Walmart Stores, Inc. • Branch «1, Umphenour. U.S. District Court. Eastern District (Fresno). Case No. 0 -cv- 16 5 -SAES, verdict on 1 1/ 01 r . Issues: alleged excessive use of force and failure to protect under the Eighth Amendment. Defendant: Officer Umphenour (employee of CDCR). • Smith v. City of Los Angeles, et al, U.S. District Court, Central District. Case No. :14-cv-0 4 -BF O-FFM, verdict on 1111f 01 . Opposing counsel: Deirdre L. O'Connor, Catherine E. Sweetser. issues: wrongful conviction (plaintiff spent 19 years in prison until the percipient witness to a drive -by shooting recanted his testimony), fabrication of evidence, violation of Brady, Manson -Biggers, and Devereaux. Defencants: Detectives Block, DePasquale (retired LAPD detectives). • Jordan Wetmore & Moler v. Count; of San Bernardino, San Bernardino Superior Court. Case N . CIVDS 14111 fig, verdict on 1 11 1 2 16_ Opposing counsel: Chris Gaspard, Corey Hall. Issues: whistleblower retaliation (Labor Code 1102.5) constructive discharge. Defendant: County of San Bernardino, Sheriffs Department.. • Barker v. Yassine, U.S. District Court, Eastern District (Sacramento). Case o, -11-car-00246-AC, verdict on 8124/2016. Opposing counsel: Stephanie Ross, Scott Lynn Hubbard of the Disabled Advocacy Group. Issues: alleged excessive use of force on a disabled inmate. Defendant: Officer Yassine (employee of CDCR). IA 111 ' a akken v. CDCR. et al., U.S.District Court, Central District. Case No .1-cv-0150 - W, verdict on / / 016. Opposing counsel: Derek Anderson. Issues: whistleblower retaliation (Govt Code), wrongful termination, First Amendment retaliation. Defendant: Officer Morgan (retired CDCR correctional officer). Cordero v. Officer Vaeoso, et al., U.S_. District Couurt, Central District, Case No. 1 Q-cv-01 g s-PJVV, verdict on December 11, 2015. Opposing counsel: Darrin Beffa, Jodie Cheng. Karen Younkins, and Jason Kelly of Kirkland Ellis, LLOP. Issues: all e ced excessive use of force under the Fourth Amendment, failure to. intervene, and conspiracy. Defendants: Officers Caballero, Flores, and Vaeoso (employees of Hemet Police Department). INSIGHTS Presentations 'Gender Issues from the Law and Order Perspective,,. League of California Cities Spring City Attorneys Conference, M.ay 4, 2018, co -presented with Beverly Hills Police Chief Donna Spagnoli 'Winning Trial Practices: How to Tad le Your Opponents Expert Through Cross -Examination," Beverly Hills Bar Association. December 6 2016 Ni en Criminal and Civil Litigation Collide: How to Protect Civil Clients from Criminal Mistakes," League- of 'California Cities Annual Conference, September 0, 2013 "Police Liability: Use of Force Lawsuits, ICF MA — Police Chiefs` Forum, March 1 ' 20'13 „Police Liability: Li 3e of Force Lawsuits," California Association of joint Power Authorities (CAJP ; , Liticati: r Insurance and Tort Liability Program, Sacramento November 7, 2012, orange County November 14, 2012 Susan E, Coleman Page State Court Practitioners' Playbook for Mastering Federal Court, The State Bar of California 85th Annual Meeting, October 13, 2012, Panel Presentation with civil rights plaintiffs attorney Brian Dunn and U.S. District Court Judge Lucy Koh Guide to Understanding Use of Force Lawsuits. League of California Cities Annual Conference. September 6. 2012, Panel Presentation with City of Los Angeles Chief Assistant City Attorney Gary Geuss and San Bernardino County Undersheriff Robert Fonzi Publications Editor and Contributor to Monthly Newsletter regarding law enforcement liability issues, "Burke Beat f' on firm website at www.bwslaw.com (formerly "Prison Break") "Negotiating Prison Hunger Strikes? Junk Say No,." Public Law Journal: Vol. 35. No. 1 (Winter 2012) 'Protecting Landlord Control of Transfers_ The Status of Sole Discretion Clauses inCalifornia Commercial Leases." Santa Mara University Law Review, Vol. 35. No. 3. Spring 1995 Stormy Seas?: New Oil Pollution Laws of the West Coast States, Santa Clara University ity Law Review,Vol. 34, No. 3, Spring 1994 Susan E. Coleman Page PRACTICE CTICE GROUPS Litigation Law Enforcement Defense Labor and Employment EDUCATION J.D,, McGeorge School of Law, 1996 B.A., San Jose State University, 1993 ADMISSIONS State Bar of California Hawaii State Bar United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California Lisa W. Lee Partner Los Angeles 444 South Flower Street, Suite 2400 Los Angeles, California 90071 E URKE WILLIAMS & SORENSEN, LLP ilee©bwslaw. corn 213.236_ 744 D 213.236 00 T Lisa Lee is a partner at Burke, Williams & Sorenson, LLP with over 25 years of litigation experience and a strong background in constitutional law/civil rights litigation, contract Litigation. employment litigation and criminal law. She is a trial lawyer who has successfully represented individuals, businesses, police officers and governmental entities in more than 90 jury trials throughout California. Lisa worked as a Deputy City Attorney with the Los Angeles City Attorney's Office for six years representing Los Angeles Police Department officers, as well as the Los Angeles Police Department and City of Los Angeles, in a variety of police civil rights matters in both state and federal court. She successfully litigated and tried use of force matters, including officer involved shootings. Lisa spent nine years in general civil practice where she served as advisory counsel for small businesses, as well as successfully litigating tort, contract and employment litigation matters. Lisa also provided administrative. legal cornpliance and regulatory advice for business clients, including ordinance and municipal code matters. Lisa was a criminal prosecutor for nine years with the Ventura County District Attorney's Office and the Office of the Prosecuting Attorney in Maui, Hawaii where she prosecuted sex crimes. homicides, and serious and violent felonies. She also investigated officer involved shootings and provided training for new prosecutors and lave enforcement. Lisa is dedicated to providing her clients with zealous and cost-effective representation. She has routinely and successfully resolved many cases without the necessity for trial by utilizing assertive case strategies which drive down the settlement value of matters. Lisa has also obtained favorable results for her clients through pretrial motions, including notions for summary judgment. PRACTICE GROUPS Labor and Employment Public EDUCATION J.Dy, University of California, Hastings College of the Law, 2010 B.A., University of California, San Diego. 2003 ADMISSIONS State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California. United States District Court for the Northern District of California United States District Court for the Southern District of California AFFILIATIONS California Public Employers Relations Association City Attorneys Association of can Diego Gena B. Burns Senior Associate San Diego 5.01 West Broadway, suite 1600 San Diego, California 92101 Pronouns: she. her. hers BUR E. WILLIAMS 8. SOREN EN, LLP gburns bwsla .corn 619. 14 5820 D '1.14 6799 T Gena Bums is a senior associate in Burke's Labor and Employment and Public Law Practice Groups. Gena provides advice and assistance to the firm"s clients regarding all aspects of labor and employment law. Gena regularly advises clients and litigates utters concerning equal employment opportunity laws, disability and family medical leave, wage and hour issues (including class actions and PAGA claims), sexual harassment. workplace violence, public employee benefits and retirement, employee discipline and disciplinary arbitrations, collective bargaining processes, anc interpretation of labor contracts. She has represented clients in both state and federal court, Gena has extensive experience with employee disciplinary hearings and has served as counsel to the San Diego County Civil Service Cor nrnission. Gena has also served as lead negotiator for public agencies. She has successfully handled cases before the Public Employment Relations Board and the National Labor Relations Board. Gena has experience counseling clients with respect to workplace and compliance issues including employee terminations, reductions -in -force, theMeyers-Milias-Brown Act, Ca1FER , the Public Safety 'Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act. She has developed handbooks and regularly reviews and drafts personnel policies and procedures. Gena delivers training on labor and employment related matters. Gena conducts independent investigations of complaints involving discrimination, harassment, retaliation, and workplace misconduct. Gena graduated cum laude from the University of California. Hastings College of the Law. while in law school, she was a member of the UC Hastings [usiness. Law Journal and stucliec. at the University of Leiden in the Netherlands. RESULTS Gena obtained a favorable published ruling from the Fourth Appellate District Court of Appeal in Southrott v. Jul an-- uyamaca Fire Protection. 32 Cal.App.5th 1020 ( 019). Publications "Harsh Lessons From the Rule 26 Trenches", Orange County Assoclat/o of Business Trial Lawyers, Vol. XIV, No. 4; livv360.com, January 20 13. eview� er, The California Municipal Law Handbook, 01 a ,20 Practice Groups Construction Law Education Law Environmental, Land Use Natural Resources Intellectual Property Labor & Employment Law Litigation PuNic Law Real Estate & Business Locations Los Angeles Inland Ernpire Marrn County Oakland Ordrige County Patm Desert San Diego San Francisco Silicon ''a! Hcy Ventura County 800.333.4297 www.bwslaw.com BURKE, WLLIArviS & SORENSEN, LLP Exhibit B BURKE, WILLIAMS & SORENSEN, LLP 501 west Broadway - Suite 1600 San Diego. California 92101-8474 voice 619,8145800 - fax 619 814 6799 www.bws1aw corn SCHEDULE OF RATES jcanIastbwsIaw,corn We believe that the rates quoted below are reasonable and competitive. Hourly Rates Adjustments Staffing Hourly Rate Timothy L. Davis Pa rtners Senior Associates Associates $350 $330 300 $290 The rates for legal services quoted in this proposal will remain in effect for the first year of the contract. Thereafter, unless otherwise negotiated, rates are adjusted based on a standard annual adjustment upon consultation with the City Attorney and approved by the City Council as part of the Council's standard budget adoption process, equal to the average Consumer Price Index for the previous four quarters. 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 District. 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. In-house reproduction charges black and white color Mileage Facsimile 20¢ per page $1 per page 58.5¢ per mile (or current IRS rate $1 per page All other costs reasonably and necessarily incurred in performing services for the City at cost Schedule of Rates to Provide Employment Legal Services to the City of National City Pagel BURKE, WILLIAMS & SOREN EN, LLP 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 1/1 th 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. Schedule of Rates to Provide Employment Legal Services Page 1 to the City of National City