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HomeMy WebLinkAbout2022 CON Meyers Nave PLC - Labor and Employment LawAGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE PLC THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made as of the 21st day of June, 2022 between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY") and MEYERS NAVE PLC, (the "FIRM"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services. Article .. Retainer. The CITY hereby retains the FIRM to serve as Legal Counsel on as -needed, general legal services regarding labor and employment law matters, subject to this Agreement. Article 2. Effective Date and Term. This Agreement shall be effective on the date fully executed and continue until June 21, 2027, This Agreement may be terminated at any time by either party with sixty 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 good professional practice after consulting with and obtaining approval by the CITY. B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM. C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $50,000.00 for LEGAL SERVICES and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY. 2021 Agreement Legal Services Page 1 of City of National City and MEYERS NAVE PLC D. The FIRM shall keep the CITY advised monthly as to the level ofattorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM may charge for work performed for the CITY during any travel time. E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of .1 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case -by -case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM'S failure to meet deadlines known n in advance. (6) Equipment, books, periodicals, research materials, Westlaw Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CITY' S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use ofthese services, the CITY will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge or interest. Due to the nature of the CITY' S payment process, the CITY will not pay any late charges or interest charges to bills. Every effort Will be made to pay bills promptly. F. Bills from the FIRM should be submitted to Charles E. Bell, Jr., City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM. G. The FIRM agrees to forward to the CITY a statement of account for each one -month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. 2021 Agreement Legal Services Page 2 of City of National City and MEYERS NAVE PLC 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 CIT 'S payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly. I, Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review. Article 5. I n t . contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. 2021 Agreement Legal Services Page 3 of 8 City of National City and MEYERS NAVE PLC Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY Article 7. Compliance with Controlling Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 8. t .lit _ f_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 FBI 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 F1R I'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 limit per accident. Such automobile insurance shall include owned, non -owned, 2021 Agreement Legal Services Page 4 of 8 City of National City and MEYERS NAVE PLC and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the "location". The "location" should be noted with specificity on an endorsement that shall be incorporated into the policy, D. Workers' ' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty days prior written notice to the CITY' s Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. if required insurance coverage is provided on a "claims made" rather than occurrence form, the FIRM shall maintain such insurance coverage for three years after expiration of the term (and any extensions) this Agreement. in addition, the "retro" date must be on or before the date of this Agreement. shall be: G. The Certificate Holder for all policies of insurance required by this Section City of National City co Risk Manager 1243 National City Boulevard National City, CA 919 0-4 97 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 :II according to the current est's Key Rating Guide, or a company of equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by norm admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers " L S I" and otherwise meet rating requirements. 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 Agrmnt Legal Services Page 5 of City of National City and MEYERS NAVE PLC CITY' S Risk Manager. If the FIRM does not keep all insurance policies required by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach ofthis Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Article 11. Drug.. Free Work Place. The FIRM agrees to comply with the CIT ' S Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision. Article 12. Non -Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form. Article 14. Notices. In all eases 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 Page 6 of City of National City and MEYERS NAVE PLC 1243 National City Boulevard National City, CA 91 5 0-4 97 cc: Executive Assistant to the City .ttorne City of National City 1243 National City Boulevard National City, CA 91' 0-4 ' 7 and to: attorneVaTtationalcityca.gov leahm anationals i tvca.gov Notice to the FIRM shall be addressed to: Janice P. Brown 600 B Street, Suite 1650 San Diego, California 92101 tel (619) 3330-1700 fax (619) 330-1701. jbrownrneyersnave.com Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 1, Administrative Provisions. Time of Essence. Time is of the essence for each provision of this Agreement. B. Counterparts. This Agreement may he 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 o, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. I . Ca ifirnia 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 Cal ifornia. E. Integrated . ee ent. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged 2021 Agreement Legal Services Page 7 of City of National City and MEYERS NAVE PLC in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM. F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. I. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. 1.No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. K. Construction. The parties acknowledge and agree that (0 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 WITNESSWHEREOF. the parties hereto have executed this Agreement on the date and year first above written. {CITY OF NAL CITY By: City Manager APPROVED TO FORM: By: Charles E. Bell J City' Attorney 2021 Agreement Legal Services Page 8 of MEYERS NAVE PLC ('Corporation - signatures of two corporate officers) By: , Esq. CamilleHamilton-Eating Title: Sr. Principal By: ,I. nice P. Brown Title: Sr. Principal , Esq. City, of National City and MEYERS NAVE PLC EXHIBIT A City of National C ty EMPLOYMENT AND LABOR LEGAL SERVICES meyers nave Janice P. Brown, Senior Principal Labor & Employment Law Practice 600 B Street, Suite 1650 San Diego, CA 92101 Phone: (619) 330-1703 Fax: (619) 330-170 Email: jbrown@meyersnave.com www.eneyersnave.com MAY 5, 2022 City of National City Employment and Labor Legal Services Table of Contents i COVER LETTER STATEMENT OF UNDERSTANDING AND PROPOSED METHODOLOGY. NM044,1:r*01.11•1....rr.,r■.,......er. PROJECT -RELATED EXPERIENCE PROJECT PERSONNEL 12 INSURANCE SCHEDULE OF RATES 13 REFERENCES ADDITIONAL REQUIRED INFORMATION.. 15 APPENDIX A — PROJECT PERSONNEL RESUMES 20 APPENDIX B CERTIFICATE OF INSURANCE 21 12 Meyers Nave I May 5, 2022 1 3 rasr 13 City of National City Employment and Labor Legal Services Cover Letter meyers nave City Attorney City of National City 1234 National City Blvd, National City, CA 91950 (619) 336-4220 attorney@nationalcityca.gov Re: Response To RFQ for Employment and Labor Legal Services On behalf of Meyers Nave, I am pleased to submit the enclosed proposal to provide the City of National City ("National City") with Employment and Labor Legal Services. I will serve as the contact person for this introduction. As a Senior Principal of Meyers Nave I am authorized to bind the firm and attest that all information in response to this REP is true and correct. My contact information is as follows: Janice P. Brown, Principal Meyers Nave 600 B Street, Suite 1650 San Diego, CA 92101 Tel: (619) 330-1703 Email: jbrown@rneyersnave.com Meyers Nave proposes that Senior Associate David Middleton, will serve as lead for the scope of work proposed, with assistance from Senior Associate Alicia M. Morrell, Associate Angelica Pe Benito, Senior Principal Camille Hamilton Pating, Of Counsel Jesse Lad, and me. Our team advises numerous other Cities, Counties, Municipalities and Special Districts and are extremely knowledgeable in Employment and Labor Law issues as they specifically relate to public agencies in California. Meyers Nave currently serves as outside legal counsel for National City advising on the implementation of the City's commercial cannabis program, among other matters. Our familiarity with National City, and the City Attorney's office, make us uniquely qualified to seamlessly transition into this role. Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 2 Thank you for the opportunity to respond to your request for qualifications. We look forward to hearing from you. Sincerely, Janice P. Brown Senior Principal, Labor & Employment Law Practice Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 3 Statement of Understanding and Proposed Methodology Labor and Employment General Overview Meyers Nave is a leading multidisciplinary law firm in California, serving municipalities and other local public agencies since 1986. Our recognized attorneys assist hundreds of public entities around the state, including more than 15 cities in Northern California where we serve as the City Attorney, Our labor and employment lawyers also represent a substantial part of our General Counsel role for more than 30 special districts with human resource needs. In addition, our Labor and Employment Practice Group offers assistance for more specialized needs, including workplace investigations, labor negotiations, and hearings before the California Public Employment Relations Board (PERK). We provide trainings in the full spectrum of labor and employment law, including, to governing boards, key management personnel, or all employees, depending on the public agency's needs. Our services include litigation and appeals, administrative hearings and appeals, labor relations, personnel investigations, audits of policies and programs, general advice and training. We also have extensive familiarity with the challenges presented by for -cause unionized employment environments and serve as lead labor negotiators to several public entities. We have comprehensive experience with unionized workforces, including public safety and large numbers of associations/unions, the due process requirements that cities face in workplace actions, and the best practices utilized around the state. Locally, we have provided labor and employment services for numerous districts and agencies in Southern California specifically. Our approach advises our clients on the potential impacts of federal and state prevailing wage statutes and regulations, notably the Davis -Bacon Act and the California Labor Code, related to proposed transactions and public projects, including public -private partnerships. Our attorneys advise staff on prevailing wage compliance and procedures, and have experience related to enforcement hearings before the Department of Industrial Relations, Furthermore, our attorneys routinely consult with administrators about personnel --related issues including nepotism, outside employment and employee involvement in political activity. We advise key staff on handling employee discipline, termination, resignation and implementing employment contracts as well as cases involving alleged wrongful termination, whistleblowing, discrimination and harassment issues. We address on the next two pages the specific areas in the Scope of Services sought by National City. Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 4 Personnel and Labor Advice Our employment attorneys provide day-to-day counseling, draft and review employee handbooks, conduct internal training programs, handle workplace investigations, administrative claims, grievances, unfair labor practices and employee relations issues, mediation, arbitration, and litigation in state and federal courts. Depending on the agencies' needs, we sometimes provide only occasional on -call advice as needed. For many others, we are regularly consulted, including handling larger or on -going accommodation, grievance, discipline, EEOC or other services. We also regularly prepare layoff notices and severance agreements, review and revise policies, advise on the details when employees will be out for medical reasons, prepare responses to unfair labor practices and California Department of Fair Employment and Housing (DFEH) complaints and help settle potential litigation, We guide numerous clients in developing and revising department and agency -wide personnel rules and policies. Labor and Employment Law Litigation We provide sophisticated, operations -focused advice on complex issues such as employee classification, discipline and terminations, leaves of absence, workplace culture, social media, disability issues, employee privacy and free speech rights, whistleblower laws, and management of internal and external complaints. Our attorneys are experts in drafting and revising personnel policies, employee handbooks, and employment contracts, as well as conducting audits covering the entire organization or focusing on specific subjects such as hiring practices or workplace safety. When litigation is unavoidable, we have experience defending employers in single- and multi -plaintiff lawsuits involving wage -and -hour issues, wrongful termination, sexual harassment, racial discrimination, disability accommodation, retaliation, defamation, medical leave, and trade secret misappropriation, among others. Labor Negotiations/Bargaining Units Our labor lawyers serve as lead negotiator and labor counsel for employers that are involved with labor organizations representing every type of employee —rank and file, management, confidential, professional, and police and fire. We have negotiated hundreds of labor contracts for small, medium, and large employers, including during challenging financial times and during the COVID-19 pandemic. We handle collective bargaining, concession and interest -based bargaining, meet and confer, discipline, grievances, unfair labor practice charges, fact-finding proceedings, interest arbitrations and administrative hearings, Our experience includes preparation and strategy, serving as chief spokesperson at the table, advising on impasse procedures, and briefing management. We also draft and meet with unions on Employer - Employee Relations Rules governing unit and representation processes. A key strength of our negotiations practice is our experience litigating and arbitrating the same issues negotiated at the bargaining table. Meyers Nave May 5, 2022 City of National City Employment and Labor Legal Services Workplace Investigations We have had a specialty Workplace Investigations group for more than 10 years, and we have conducted over 250 high -profile investigations on virtually every type of current and emerging workplace misconduct allegation, including ethics violations, hostile work environment, harassment, discrimination, bullying, retaliation, implicit bias, substance abuse and fraud, waste and abuse. We also advise on and supervise internal employer investigations to assure compliance with state and federal laws. Meyers Nave specializes in investigations that involve the leadership ranks of an organization- selected officials, board members, executive officers and management team members, department managers, and key personnel including police and fire chiefs, university faculty, school administrators and chief executive officers. As attorneys who also represent clients in employment litigation, we know how to conduct independent investigations and prepare reports that will withstand scrutiny and credibly serve in a courtroom, arbitration or public domain. Training The #MeToo movement revealed that traditional workplace misconduct training that focused on technical legal compliance did not have the intended effect of preventing or stopping inappropriate workplace behaviors. Meyers Nave has created new training programs that enhance workplace culture, incorporate a practical approach and reflect modern workplace scenarios and issues. Our programs provide employees with the awareness, knowledge and tools needed to thrive in today's complex workplace, including Political Speech on Work Platforms, Harassment and Bullying Prevention, Recognizing and Minimizing Implicit Bias, How to Have Inclusive Conversations about Difficult Issues, Protecting Due Process of the Accused while Investigating Allegations, Promoting a Respectful Workplace, and Bystander Intervention Training. Our anti -harassment training meets all mandatory requirements for employers under AB 1825, AB 1661 and SB 1 43, and is available via video conference. Project -Related Experience Representative Experience Labor Negotiations/Bargaining Units City of Walnut Creek In our role as Chief Labor and Employment Counsel for the City, Meyers Nave has worked on a range of complex matters/ including employee misconduct and leave issues, as well as multiple alleged incidents of misconduct against minors that triggered mandatory reporting obligations under the Child Abuse and Reporting Act. Meyers Nave I May 5, 2022 • City of National City Employment and Labor Legal Services 6 Bay Area Air Quality Management District A Meyers Nave team completed a comprehensive human resources audit for the Bay Area Air Quality Management District. As part of that audit, we reviewed its Molds and related rules and policies to identify potential legal problems and then advised the human resources department on revising the documents to adhere to best practices. City of Modesto For more than five years, Meyers Nave has served as City Attorney for Modesto, a community of more than 200,000 residents. Of Counsel, Jesse Lad serves as the Chief Labor and Employment Counsel for the City. Contra Costa County Meyers Nave conducted a comprehensive FLSA audit, including meeting with all unions and departments to understand specific practices and legal concerns. We also served as advisor to Contra Costa County on a long-term project to implement a new payroll system, including working with various departments to identify current FLSA practices and assisting the county controller, counsel, and human resources to assure FLEA compliance. We also represented the county in an appeal of PEPB's General Counsel's administrative decision on an AFSCME charge. The decision held that AB 646 fact-finding applies to all meet and confer impasses, rather than only to impasses in MOU negotiations. County Public Employees' Retirement Association Meyers Nave successfully defended a County Public Employees' Retirement Association in a layoff action involving one of two attorneys in the client's legal department. After a six -day trial, an Administrative Law Judge sustained the layoff action. The plaintiff challenged the layoff action based on allegations of discrimination, that the layoff was a pretext for avoiding the civil service discipline system, and it was implemented to neutralize a possible race discrimination action by the laid off attorney. The victory was particularly difficult because the sittin?, President of the Board of Trustees (a District Attorney) for the client, the Human Resources manager for the client, and the former General Counsel (a District Attorney) of the client all testified against Meyers Nave's client, the employer organization. County of San Bernardino Meyers Nave obtained a favorable settlement on behalf of the County in an employee termination lawsuit regarding its highest paid unelected position, the County Administrative Officer. The plaintiff held the position for approximately five years and reported directly to the County's Board of Supervisors. After the Board voted to terminate the plaintiff's employment, the plaintiff claimed the County fired him because he had disclosed information that he believed revealed a violation of state or federal law to another government agency. The County asserted that the plaintiff was released as a high-level, at -will employee on a "no cause' basis pursuant to the County's procedures. Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services City of Napa Meyers Nave recently served as lead negotiator in negotiations between the City and the City's firefighter unit and general employee unit which is represented by SE1U. These negotiations resulted in successor MOUs with terms favorable to the City. City of Fremont Meyers Nave has served as co -lead negotiator in several rounds of negotiations between the City of Fremont and police and fire units. These negotiations led to successor MOUs, including agreements on wage concessions and a second -tier retirement for new hires. City of Gait Our Firm successfully negotiated successor Molds with the Operating Engineers Local 3 and the Gait Police Officers' Association. The new agreements included concessions on furloughs, reforms to health benefits, and procedural and management rights provisions desired by the city. City and County of San Francisco We have served as Chief Negotiator for MOU negotiations between San Francisco and the Municipal Attorneys Unit since 2001. During the recent bargaining cycle, we served as Lead Negotiator for the City and County, becoming the first negotiator to reach an agreement during the City's last round of negotiations with over twenty-five different bargaining units. We also represented San Francisco in a mediated award and agreement on a successor MOU in 2012 and again in 2014. City of South San Francisco Meyers Nave represented the City in a grievance brought by South San Francisco Police Association alleging that the City was violating a collective bargaining agreement by not cashing out sick leave upon separation from service. The arbitrator ruled that the City's practice was consistent with the MOU and denied the grievance. City of Modesto: Interest -based Bargaining When negotiations broke down during an interest -based bargaining process, Meyers Nave was brought in to assist the City and quickly negotiated a tentative agreement that resolved a pending grievance and a complicated retirement issue. City of Morgan Hill; AFSCME Negotiations Our Firm served as a lead negotiator in 2018 for the City of Morgan Hill, completing by year's end a new agreement that we negotiated with AFSCME Local 101. The local includes many of the City's roughly 200 full-time employees. Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 8 City of Livingston: Police Salary Decrease With Fact -Finding Meyers Nave represented the City of Livingston in a fact-finding proceeding with both of its Police Units. Based upon the arguments and evidence presented by our Firm, the neutral recommended a five percent salary decrease for both units. We also served as the lead negotiator during labor negotiations. City of Fremont: First Agreement With Multiple Units Our Firm reached the first tentative agreement on behalf of the City during labor negotiations with multiple bargaining units during this most recent bargaining cycle. We have served as lead negotiator during previous bargaining cycles as well. City and County of South San Francisco: First Agreement of Many During the most recent bargaining cycle, our Firm served as a lead negotiator for the City and County, becoming the first negotiator to reach an agreement during the City's negotiations with over 25 different bargaining units. City of Walnut Creek: Five -Year Contracts With Three Units, Four -Year and Two Units Meyers Nave served as lead negotiator during the most recent bargaining cycle, and was able to reach five-year agreements with all three bargaining units that had open contracts with the City. Meyers Nave successfully met the City's needs with the completion of the negotiations. City of Pinole: Public Employment Relations Board, Negotiations Assistance We have advised the City and its Lead Negotiator on labor issues. This work has included drafting and reviewing proposals, representing the City in unfair labor practice claims, and briefing the City Council. Also, the City asked us at times to join its bargaining team and essentially play the role of lead negotiator to resolve both a potential MOU impasse as well as several pending PERB charges. Menlo Park Fire District: Multi -Day Hearing for Bad Faith Bargaining Allegations We represented the Menlo Park Fire District in a multiday hearing in front of a PERB administrative law judge. The Fire District was facing allegations of engaging in bad faith bargaining by meeting and conferring on items on a "piecemeal" basis versus as part of overall MOU negotiations. This is an issue of first impression based on a National Labor Relations Board concept that has never been adopted by PERB. We successfully represented the Menlo Park Fire District in two injunctive relief actions to prevent the district from making changes to terms and conditions of employment until the parties went into bargaining for a successor MOU. City Representation in response to CalPERS Audit We assisted the City of Walnut Creek in successfully appealing an adverse determination regarding pensionable compensation, and has represented numerous public agencies in response to a CalPERS state wide audit regarding the use of contract assistance from regional Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 9 government services. in addition to this, Meyers Nave recently conducted a comprehensive CalPERS audit for Alameda County Transportation Commission, including analysis of all contracting relationships and potential impacts under CalPERS law. Representative Experience Workplace Investigations • Investigated allegations of financial mismanagement and misappropriation and conflict of interest by a CFO of a transit agency. • Investigated allegations of bullying and abuse of employees at a national audio entertainment company. • Investigated allegations against the former Mayor of Palm Springs of illegal videotaping and eavesdropping on colleagues via an intercom system. • Investigated allegations of gender discrimination made by two female council members against the Mayor of oroville. • Investigated allegations of ethical violations and conflict of interest by a City Auditor. • Investigated allegations that a COO misreported information regarding a $200 million project to implement clean technology trains to the Board of Directors for a transit agency. • Investigated allegations that an Auditor for a transit agency engaged in bullying of employees, • Investigated allegations that the CEO of a Health Plan engaged in conflict of interest and ethics violations. • Investigated allegations that the CEO of a Health Plan engaged in harassment, retaliation and discrimination. • Investigated allegations that an elected City Assessor -Recorder engaged in sexual harassment of male and female employees. • Investigated allegations that an elected County Assessor Recorder Registrar of Voters engaged in gender discrimination and retaliation in promotions of employees. • Investigated allegations of sexual assault by a Manager of a Health Plan. • Investigated allegations that an employee of a rideshare company drugged another employee with `date rape" drugs. • Investigated allegations of Code of Conduct and other violations against executives and employees at a Health Plan. • Investigated publicized allegations of misconduct by employees at a public library. • Investigated numerous fraud, waste and abuse hotline allegations against a City Auditor. Meyers Nave May 5, 2022 City of National City Employment and Labor Legal Services 10 Investigated allegations of sexual harassment, race discrimination and disability discrimination by senior personnel at an international multimedia entertainment company. Investigated allegations of racial bullying against two African American college students at a public university (caused public protests and involved the NAACP). • investigated allegations of harassment and abuse by an Executive Director of a social venture and technology non-profit organization. • Investigated election misconduct by police officers in a City of Bell government corruption scandal covered by national media. • Internal affairs investigation for Bay Area Rapid Transit (BART) of the BART police officer - involved shooting death of passenger Oscar Grant. Investigated allegations of financial mismanagement, misappropriation and other misconduct by (1) the Director of Payroll at a college district, (2) School Administrators and various staff at a school district, and (3) the Chancellor, Board members, and President of a community college. Investigated allegations of discrimination, sexual harassment and retaliation made by senior police supervisors against the Police Chief for a large city. Completed more than 60findings in 60 days. Representative Experience - Labor and Employment Law Litigation • Plaintiff sought over seven million dollars in damages against her former employer, the largest retailer in the nation. Plaintiff was emboldened to pursue her case after the Magistrate Judge granted plaintiff's discovery request for a worldwide production of the employer's records. Appealed the Magistrate Judge's order to the Presiding District Court Judge, who reversed the Magistrate Judge's order and invited defendant to file a Rule 11 motion against plaintiff. While Rule 11 and summary judgment motions were pending, plaintiff agreed to dismiss all claims with prejudice in exchange for a waiver of costs. • Defended a large-scale retailer in home d+cor against a former employee who sought -5 million in compensatory and punitive damages. After the discovery stage revealed that the former employee had stolen documents from her employer in the days immediately preceding her termination, the employer counter -sued the employee for breach of her contractual duty of loyalty. Successfully litigated the breach of loyalty counter -claim, earning a victory for the employer on summary judgment, with the court ruling that the allegations of breach of loyalty and confidentiality were supported byundisputed facts. Subsequently went on to aggressively defend against the harassment and retaliation claims over the course of a five-day arbitration. This defense resulted in another victory for the employer, with the arbitrator dismissing all of the employee's claims, concluding that the employee was terminated due to her combative workplace interactions with co-workers. Meyers Nave May 5, 2022 City of National City Employment and Labor Legal Services • Successfully obtained jury trial defense verdict on behalf of a national banking client accused of gender discrimination claim. Represented a transit manufacturer in a complicated age discrimination case brought by an employee who was terminated as part of a company -wide reduction in force. After an extensive and detailed analysis of the employer's actions leading up to the reduction in force, a motion for summary judgment was filed to dispose of the entire action. In the tentative ruling, the trial court denied defendants' motion for summary judgment. At oral argument, convinced the Court to reverse its tentative ruling and dismiss the entire action on summary judgment. Plaintiff appealed to the Court of Appeal which affirmed the dismissal and issued an opinion that was extremely critical of plaintiff. Plaintiff subsequently submitted a writ to the SupremeCourt which was denied. • Defended one of the largest property and casualty insurers in the nation in a month -long jury trial where the plaintiff, a former vice president, alleged whistleblower liability. Prior to commencing trial, the parties were ordered to mediation in an attempt to resolve the case. Plaintiff repeatedly demanded a mid -seven figure settlement which plaintiff immediately took "off the table" prior to jury deliberations. Although the jury returned a verdict in favor of plaintiff, the jury awarded less than five -percent of plaintiff's demand (which was less than half of what was offered in advance of trial), and no punitive or emotional distress damages were awarded. Plaintiff appealed the verdict and the matter ultimately settled pending appeal. Successfully obtained court order granting demurrer without leave to amend on behalf of large public university in San Diego Superior Court. A lawsuit was filed by a former employee alleging wrongful termination, discrimination, retaliation and harassment. Following the former employee's appeal of the trial court's decision, the 4th District Court of Appeal affirmed the trial court's decision and awarded defendant its costs on appeal. • A former employee of a Fortune 500 company sued for wrongful termination after being fired for ethics violations. An extensive investigation of plaintiff's background uncovered several misrepresentations on plaintiff's employment application, as well as in other court filings initiated by the plaintiff. These issues were brought to light during plaintiff's deposition which resulted in plaintiff dismissing the entire action contingent upon an implicit agreement not to refer the matter to criminal authorities. Defended a Fortune 500 energy company in a putative wage and hour class action, which included an individual claim for disability discrimination and wrongful termination. Aggressive defense resulted in the class action being dismissed after taking plaintiff's deposition. • After extensive discovery motions, and multiple mediations, resolved a hard fought case over allegations of sexual orientation discrimination by an executive at a Fortune 500 energy company. This matter presented a unique challenge since plaintiff's allegations of discriminatory actions were directed, in part, toward a high-level executive who was part of Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 12 the same protected class as plaintiff. Successfully resolved this matter at mediation using innovative and non -economic settlement tactics. • Represented a hotel owner in two mediations with a plaintiff who refused to resolve a wage and hour dispute, neither of which proved successful. Subsequently defended the client in a three-day bench trial in San Diego Superior Court, South Bay Division. Upon conclusion of closing argument and before defense counsel even took her seat, the court immediately returned the verdict in our client's favor. The Court also •granted defendant its attorneys' fees based on the plaintiff's frivolous claim. • Represented a Fortune 50 banking institution in a wrongful termination matter. As a result of plaintiff's contentious discovery disputes and unethical discovery abuses, the trial court denied the plaintiff's request to depose the human resource representative. Defendants filed a motion for summary judgment which the court granted in full. The trial court's ruling was upheld on appeal by the Fourth District Court of Appeal. Thereafter, plaintiff filed a writ with the Supreme Court which was denied. Project Personnel Meyers Nave is a multidisciplinary, public agency -focused firm with a dedicated Employment and Labor Practice Group focusing on Municipal and Special District Law. Our proposed team of attorneys for the scope of work below, includes: • Labor and Employment Law — David Middleton, Janice Brown • Review of policies —Camille Hamilton Pating, David Middleton • Reports and documents — Camille Hamilton Pating, Alicia Morrell • Training and training materials for City personnel Alicia Morrell Angelica Pe Benito • PERB representation —Jesse Lad, David Middleton Full resumes detailing our proposed team's expertise and relevant work are located in APPENDIX A. Insurance Meyers Nave is well acquainted with all aspects of contractual and risk allocations and related legal limitations of California public agencies. More importantly, we obtain general and professional liability insurance for these purposes under a general umbrella policy at 10 million. The insurance provides the added benefit to public agencies for the purposes of obligations and varied experiences as they arise. We strive for excellence in multiple matters, never looking to exercise this risk but rather to assure entities like National City that we provide comfort as Meyers Nave I May 5 2022 City of National City Employment and Labor Legal Services 13 general or special counsel to your most important matters. For our Certificate of Insurance, please see APPENDIX B. Schedule of Rates See attached sealed envelope per RPQ instructions (page 5, Section 2.8). Oleferences No one has better authority to speak about the quality of our work and delivery of our services than our clients, so we encourage you to contact our references. We understand our reputation highly regarded through prior work, as well as additional Meyers Nave lawyers. comes Janice P. Brown Jeff Harracine, Senior Counsel Xerox Corporation Phone: (585) 422-0158 Email: Jeff ,Harradine@ erox.com Catherine Iste, Chief Administrative Officer Los Angeles Chargers Phone: (714) 540-7100 Email: Catherine.Iste@Chargers.nfl.com Adrienne Navarra, SVP People and Places Jerome's Furniture Phone: (619) 330-6 44 Email: adrienne.navarraeromes.com Camille Hamilton Patin Susan Altman, Deputy County Counsel County of Napa Phone: (707) 253-4521 Email: susan.altman@countyofnapa.org Minh Iran, County Executive Officer County of Napa Phone: (707) 253-4421 Email: minh.tran@countvofnasa.org Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services David Bergquist, Chief Campus Counsel University of California, Riverside Phone: (951) 827-2228 Email: david.bergquist@ucr.edu Jesse Lad Telly Guertin, Human Resources Manager City of Walnut Creek Phone: (925) 94 -5 17 E nail: guertin@walnut-creek.org Liz Habkirk, Assistant City Manager City of Napa Phone: (707)258-7813 Email: ehabkirk@cityofnapa.org Maria Lourdes Matthew, Attorney East Bay Municipal Utility District Phone: (510) 287-0171 Email: mmathew ebr ucl.com David Middleton Christina Alger, Director of HR City of Modesto Phone: (209) 571-5126 Email: Katano Kasaine, Assistant General Manager/Chief Financial Officer Metropolitan Water District Phone: (213) 217-6291 Email: KKasaine@mwdh2o.com Richard Pio Roda, City Attorney City of San Leandro Phone: (510) 577-6098 Meyers Nave 1 May 5, 2022 14 City of National City Employment and Labor Legal Services Meyers Nave's Public Clients for Last Three (3) Years • Alameda County Employees' Retirement • Benicia Housing Authority • Benicia Unified School District • Camarillo Health Care District • City and County of San Francisco • City of Anaheim • City of Berkeley • City of Fremont • City of Morgan Hill • City of Napa • City of National City • City of Oroville • City of Palm Springs • City of Palo Alto • City of Pleasanton • City of Santa Clara • City of Santa Monica City of Vallejo • County of Alameda • County of Marin Housing Authority • County of Monterey • County of Napa • County of Orange • County of San Benito • County of San Mateo • County of Santa Clara • County of Tulare • • • • • • • • • • • I • • • 15 Delta Diablo East Bay Municipal Utility District East Bay Regional Park District L.A. Care Health Plan Los Angeles County Metropolitan Menlo Park Fire Protection District Merced Irrigation District Metrolink (Southern California. Regional Transportation) Metropolitan Area Advisory Committee Peralta Community College District Pioneers Memorial Healthcare District Port of Oakland Sacramento Housing & Redevelopment San Diego Association of Governments San Diego City Employees' Retirement San Francisco Community College San Ramon Valley Fire Protection Truckee Donner Public Utility District Turlock Irrigation District Vallejo City Unified School District West Valley Sanitation District Additional Required Infarmation Type of Firm: A Professional Corporation Organizational Structure of Firm: Meyers Nave has been in business for 36 years. What started as a one office firm has grown into a 5 office firm with locations in Los Angeles, Oakland, Sacramento, San Diego and Santa Rosa. The firm currently employs 129 attorneys and staff. Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 16 bility to provide local services to the City: Meyers Nave is an agile firm. With technology, offices throughout the state and near to airports, we are able to serve our clients fast and efficiently. We have two local offices located in Southern California. Meyers Nave's Officers and Principals: Brenda Aguilar -Guerrero, Principal Ron Avenida, Chief Operating Officer John Bakker, Principal Julia Bond, Principal Janice Brown, Principal Eric Casher, Principal Timothy Cremin, Principal Shaye Diveley, Principal Eric Firstman, Principal Deborah Fox, Principal Kristopher Kokotaylo, Principal Amrit Kulkarni, Principal Adam Lindgren, Principal Steven Mattas, Principal Douglas McManamon, Principal David Mehretu, Principal Gregory Newmark, Principal Camille Pating, Principal Richard Pio Roda, Principal Jennifer Riggs, Principal Jose Sanchez, Principal David Skinner, Managing Principal Shiraz Tangri, Principal Sky Woodruff, Principal Arlene Yang, Principal Our Firm's Philosophy, Customer Service and Quality Assurance We recognize that the key to providing effective legal counsel services is to proactively anticipate the needs of our clients and to effectively juggle varied tasks with overlapping deadlines, including those that require a short turnaround. I will work with staff to ensure a clear, mutual understanding of work -product expectations and deadlines.David, Camille, Jesse, Angelica and Alicia will continue to be actively engaged and hands-on with all matters. This enables us to provide the oversight and continuity that ensure quality service while keeping costs reasonable for the client. David will be responsible for ensuring that National City's legal needs are being met in a timely, cost-effective and productive manner. To this end, he and I will carefully review the workload and allocate our resources as appropriate, confirming with National City. To that end, we suggest an attorney work structure that is both lean and efficiently structured in a manner, but remain open to arrangements that National City may prefer, Given our special focus representing public entities, we also recognize that there are many unique factors —budgetary priorities, competing community interests and political sensitivities —that must be considered before any strategy is put into action. To this end, we will assess every situation and create a proposed strategy that supports the National City's priorities. In order to establish and develop a working relationship with National City, we would meet with the City Attorney and City Manager to discuss the priorities, concerns, and expectations for the attorney -client relationship. Once we commence work on the scope of services proposed, we Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 17 will work ciosely with the City Attorney as desired to ensure communication is direct, timely and maintains the highest professional standards. Our proposed team strives to return every phone call or e-mail within a few hours of receiving the contact. All phone calls and emails are returned in a maximum of 24 hours. Internally, we utilize several systems to ensure that this level of availability is possible. Our firm uses up-to-date technology to ensure that clients' needs are met in a prompt fashion. We use laptops, e-mail, and mobile phones to ensure communication even when away from the office. We will be available for frequent and regular meetings. In addition, we will ensure that we are easily accessible via various methods of technology, including email and video/phone conferences. The firm's statewide offices are also set up for video conferencing, which can be a cost-effective way to conduct short or urgent meetings between the attorneys and the City. We also offer a strong pool of paralegals who work side -by -side with our attorneys. Some of their tasks include case planning, development and management, legal research from library sources and/or Westlaw, interviewing clients, fact gathering and retrieving information, drafting and analyzing legal documents, collecting, compiling and utilizing technical information, and providing computer -assisted litigation support. Legal administrative assistants/secretaries support our attorneys. They all have experience in public law, with many possessing a specialized background in public Employment and Labor Law. In addition, the firm employs human resources, accounting, marketing, docketing, conflicts, records, information technology and facilities staff., Education on Best Practices, Trends, and Communicating Legislative Updates on -site a n(-I virtual client training is another way our attorneys share best practices, help clients reduce liability andrisk of litigation, and provide important updates on. 'laws and regulations that affect our clients' daily operations and strategic planning. In addition to on -site and virtual client training, Meyers Nave provides an extensive range of webinars throughout the year to provide our clients and colleagues with legal updates. Our attorneys also regularly present at conferences and webinars for the League of California Cities and the International Municipal Lawyers Association. Labor and Employment Trainings Meyers Nave has created innovative and top -rated new training programs that enhance workplace culture, incorporate a practical approach and reflect modern workplace scenarios and issues. We provide training tailored to each specific employer on a wide range of workplace issues, including: • Political Speech on Work Platforms: Policies, Enforcement/Discipline and Litigation • Harassment and Bullying Prevention • Recognizing and Minimizing Implicit Bias Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services • How to Have Inclusive Conversations about Difficult Issues • Protecting Due Process of the Accused while Investigating Allegations • Promoting a Respectful Workplace • Bystander Intervention Training Managing Leaves of Absence • Board of Directors' Responsibilities in Responding to Staff Complaints • Discipline that Stands Up at Arbitration and in Court • EEO and Wage -and -Hour Basics for Managers AB 1661, AB 1825, AB 2053, SB 1343 — Harassment and Abusive Conduct Prevention Training Meyers Nave offers training that complies with the requirements of AB 1825, AB 2053,, AB 1661 and SB 1343, and is available via video conference. The training program also covers (1) hostile work environment harassment, (2) the impacts of ##MeToo and #Tirmes p and (3) social media interactions and reporting. • Under AB 1825, California employers with 50 or more employees are required to provide two hours of sexual harassment training and education to all supervisory employees within the first sic months of the employee's assumption of a supervisory role. Covered employers must provide ongoing sexual harassment prevention training every two years. The training must include (1) information and practical guidance regarding the federal and state statutory provisions concerning the prohibition, prevention, correction and remedying of sexual harassment in employment and (2) practical examples aimed at instructing supervisors in the prevention of harassment, discrimination and retaliation. AB 2053 mandates that covered employers add "abusive conduct" (anti -bullying) training to their sexual harassment training curriculum. • Under AB 1661, local agency legislative body members and any elected local agency officials who receive any kind of compensation, salary, or stipend in the performance of their duties are required to receive sexual harassment prevention and education training. A local agency may also require other employees to receive the training. Local agency officials and employees who are required to receive this training must receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter. The training must include (1) information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to the victims of such harassment in the employment context and (2) practical examples aimed at instructing the official or employee in the prevention of sexual harassment, discrimination and retaliation. Our Firm's Commitment to Diversity Meyers Nave supports diversity and inclusion throughout our offices, in the legal profession, and in our communities. The individuality of our attorneys and staff — and their collective Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 19 experiences, perspectives and backgrounds — helps us provide clients with the most effective and creative legal services. Diversity and inclusion are fundamental principles that are woven into the fabric of our firm, Women and minority attorneys currently make up 65% of Meyers Nave lawyers and 11 of the firm's practice groups are led by women and minority attorneys. During 2015-2022, Meyers Nave elevated nine attorneys to Principal and seven are women and minorities. Two were also elected to chair practice groups at Meyers Nave. Diversity Support Meyers Nave is involved in numerous regional and national minority bar associations and other diversity oriented organizations, including the Minority Corporate Counsel Association, California Women Lawyers, Sacramento Lawyers for the Equality of Gays and Lesbians, Charles Houston Bar Association, California MMinority Counsel Program, Filipino Bar Association of Northern California, Greater Los Angeles African American Chamber of Commerce, Lawyers Club of San Diego, Asian American Bar Association of the Greater Bay Area, LGBT Bar Association of Los Angeles, National Asian Pacific American Bar Association, South Asian Bar Association of Southern California, and the Association of Women in Water, Energy and Environment, among many others. Meyers Nave proudly sponsors a broad range of activities with diverse bar associations —such as the Earl B. Gilliam Bar Foundation and Charles Houston Bar Association, law student organizations, alumni associations, youth groups, and clients — wherever we can make an impact. Diversity Committee Meyers Nave's Diversity Committee develops initiatives, programs and events to promote diversity and inclusion inside and outside the firm. The Committee coordinates mentorship activities, affinity groups, staff inclusion activities, and involvement in community organizations that foster diversity and inclusion, including regional and national minority bar associations. The Diversity Committee includes Executive Committee members, the Chief Operating Officer, Practice Group Chairs and attorneys at all levels. Diversity Fellowship Program In 2016, Meyers Nave launched a Diversity Fellowship Program designed to promote diversity within our firm and the legal profession by providing opportunities for diverse attorneys at the law school level. Our program has already helped advance the careers of six law students (four of whom are women). In 2020, we hired one of our Fellows as an Associate, and this year we welcome one more Fellow as an Associate. The Program includes: (1) a paid, full-time, 10-week Fellow position at Meyers Nave during the summer after the first and second years of law school; (2) annual tuition assistance of up to $10,000 for the second and third years, upon completion of the Fellow program; (3) mentoring during law school from Meyers Nave attorneys focusing on academic work and the practice and business of law; and (4) a potential Associate attorney position at Meyers Nave after law school. Meyers Nave I May 5, 2022 City of National City Employment and Labor Legal Services 20 Appendix A -Project Personnel Resumes Meyers Nave I May 5, 2022 meY erslnave JANICE P. BROWN Janice P. Brown Principal 600 B Street, Suite 1650 San Diego, California 92101 Tel: 619.330.1703 Fax: 619.330.1701 jbrown@meyersnave.com meyersnave.com Practice Groups Labor and Employment Workplace Investigations Trial and Litigation California Bar Number 114433 Court Admissions U.B. District Courts - Southern California, Central District of C Northern District of California, District of California District of alifornia, and Eastern Education Gontaga University School of Law, JD, 1983 (earned degree in two years) University of Montana, BA, Journalism, 1981, honors graduate Practicing Since: 1984 Janice Brown is a Principal in Meyers Nave's Labor and Employment Practice, and Workplace Investigations Practice. She has more than 35 years of trial, arbitration and appellate experience in state and federal courts. Janice's distinguished career began in the U.S.. Justice Department where she quickly demonstrated outstanding legal expertise that earned her membership in the Honors Program and the "Outstanding Trial Attorney" and 'Trial Lawyer of the Fear"' awards in under three years. Janice is recognized as a pioneer in the legal profession as the founder and Chief Strategy Officer of Brown Law Group, a woman- and minority -owned employment and business litigation firm in San Diego that served local corporations and Fortune 50 companies headquartered throughout the LT S. for over 20 years. She is a trusted advisor to clients, an inspirational mentor to colleagues and an influential leader in advancing diversity throughout the legal profession.. For example, San Diego SuperLawjers magazine published an article about Janice titled "Chief Executive Optimist: Janice Brown took an uncommon approach to the law and built an uncommon firm." Janice is also a speaker and consultant for Diversity, Equity, and Inclusions issues. Employment Law and Litigation: Janice provides employers with a comprehensive range of employment law advice and counseling, training, internal investigations, and administrative hearings and litigation. She is an expert in drafting and revising personnel policies, employee handbooks, and employment and severance agreements, as well as providing advice on complex issues such as employee classification, discipline and terminations, leaves of absence, disability issues, employee privacy, and whistieblower laws. She also advises on FIR assessments and compliance aance audits. Janice advises on the myriad of laws and regulations that impose a significant compliance burden on employers. She also helps clients understand the extensive number of state,. Brown 1 Page 1 of 8 federal, and administrative agency decisions that construe ever -changing and increasingly complex employment l aws . Janice's approach to employment litigation focuses on understanding that legal disputes between employers and employees can be highly charged, intensely personal, and problematic when made public. Employment disputes can also impact a client's general employer -,employee teladonship. When litigation is unavoidable, Janice defends employers in single- and multi -plaintiff lawsuits involving allegations of wage -and -hour violations, wrongful termination, sexual harassment, racial discritnin.ation, age discrimination, sexual orientation discrimr in.atic n, medical leave, disability accommodation, defamation, pregnancy, and retaliation, among others. Janice also has a unique specialty handling Private Attorneys General Act lawsuits which are similar to qui tam cases involving different processes, penalties and damages than traditional employment suits. Business Litigation: Janice serves as a strategic partner with clients that are involved in commercial litigation as defendants or plaintiffs. She studies and understands each client's business and develops litigation strategies that are legally efficient, cost effective and practical. Her goal is to minimize the distraction and disruption that litigation can cause at all levels of the daily operation of a client's business. Janice's commercial litigation clients include local businesses and national corporations in the economic sectors of insurance, financial services, telecommunications, retail, professional sports, food and beverage, manufacturing, transportation, construction, real estate and entertainment. For these clients, she has handled an extensive scope of litigation, including breach offiduciary duty, corporate governance, shareholder derivative actions, trade secret misappropriation, trademark infringement, fraud and breach of contract, business disparagement and defamation, partnership or corporation creation and dissolution, unfair competition, and tortious interference with a contract or prospective business relations. Janice is well known for her legal expertise as well as her commitment to local community service. She has been featured on the local San Diego affiliates of CBS, Fox, ABC and NBC for her insights on topics such as sexual harassment and wrongful termination. Janice also is a frequent speaker on economic development and personal and business success. Honors and Awards • "Top 50 Black Leaders of Influence," San Diego Business Journal February 25, 2022 • "San Diego Super Lawyers" list in the categories of Employment Litigation: Defense, Employment & Labor: Employer, and Business Litigation. Thomson Reuters' Su_per Laigers® magazine, 2 -2 22 • "Top 25 Women San Diego Super Lawyers," Thomson R.euters' Super Lawyers® magazine, 2017, 2018, 2022 • "Top 100 Lawyers," Daily Journal, 2021 Brown I Page 2 of 8 • "Women of Influence: 50 Over 50 2021," San Diego Business Journal, August 9, 2021 • "The San Diego 500: Influential Business Leaders," ,Sara Diego Business journal, December 5, 2020 • "Woman of Color Excellence Award," Lawyers Club of San Diego, 2019 • Diversity & Equity Award, Urban League of San Diego, 2018 • Women in Leadership card, Central San Diego Black Chamber of Commerce, 2017 • Lifetime Laureate, Junior Achievement San Diego Business Hall of Fame, 2017 • Corporate & Business Diversity Award, City of San Diego Human Relations Cor, issio ., 2016 • The National Black Lawyers Top 100, 2015 • Diversity Leader Hall of Fame, California Minority Council Program, ., 2014 • Small Business of the Year, Central San Diego Black C aml r of Commerce, 2013 • Award For Outstanding Diversity, San Diego County Bar Association, 2003 • Award of Lifetime Membership, Earl B. Gilliam Bar Association, 2010 • Distinguished Alumni Merit Award, Gonzaga University, 2010 • Distinguished Service Award, Earl B. Gilliam Bat Association, 2010 • 42nd Annual Community Service Award Honoree, National Council of Negro Women, 2008 • 50 People to Watch, S an Diego Magazine, 2007 • "10 Coolest Women," Girl Scouts San Diego -Imperial Council, 2007 • "Top 25 Attorneys - Employment," San Diego Dal/ TTr .s r `, 2005 • Annual Bernard E. Witkin, Esq. Award, 2003 • Certificate of Silver Lifetime Membership, NAACP, 2002 • San Diego Women Who Mean Business, San Diego Business journal, 1998 • 93-94 President's Award, Earl B. Gilliam Bar Association, 1996 • The Loren Miller Lawyer of the Year Award, California Association of Black Lawyers, 1995 • 89-90 President's Award, Earl B. Gilliam Bar Association, 1990 • Outstanding Trial Attorney, . S. Department of justice Tax Division, 1987 • Trial Lawyer of the Year, U.S. Department of Justice, 1987 Brown 1 Page 3of Professional Affiliations • Member, State Bar of California • Member, California Women Lawyers • Executive Committee Member and Immediate Past Chair of the Board of Directors, San Diego Regional Economic Development Corporation • Past Board Member, National Association of Minority and Women Owned Law Firms • Past Board Member, Minority Corporate Counsel Association • Member, Lawyers Club of San Diego • Member, National Bar Association • Member, National Employment Law Council • Lifetime Member, NAACP • Past President, Earl B. Gilliam Bar Association • Past Vice President, San Diego County Bar Association • Member, Senator Padilla's Federal Judicial Evaluation Committee • Board of Directors, ABA Retirement Funds • Past Board Member (TIPS), American Bar Association • Member, UC San Diego Rady School of Management ASCEND Executive Women's Forum Presentations and Publications • Interview, "Historic Supreme Court Nomination," NBC San Diego News 7, February 28, 2022 • Interview, "Legal Pioneer, Attorney Janice Brown, Woman -Minority Owned Employment and Business Litigation Firm," KUSI News San Diego, February 7, 2022 • Author, "Arbitration Agreement Adjustments On The Horizon," Meyers Nave Client Alert, December 29, 2021 • Presenter, "Moving Diversity, Equity & Inclusion Programs Forward: An Employer's Road Map," California Public Employers Labor Relations Association Annual Training Conference, November 17, 2021 • Author, "Another Benefit of Arbitration Agreements," Meyers Nave Client Alert, September 3, 2021 • Quoted, "Delta Air Lines Plans Surcharge on Unvaccinated Workers, but No Mandate," Daily journal, August 26, 2021 Brown I Page 4 of 8 • Author, COVID-19 Vaccine Mandates, Meyers Nave Client Alert, July 26, 2021 • Presenter, "City Attorney Practicum: COVID-19 Return to Work — Navigating the New Landscape," League of California Cities, June 9, 2021 • Presenter, "Lawyering in the Time of VID: Survival Guide for Women Attorneys and Attorneys of Color," Association of Business Trial Lawyers of San Diego, April 29, 2021 • Presenter, "COVID-19 & Return to Work," Elevating Black Excellence Regional Summit Series, Black In -House Counsel Network, April 2 , 2021 • Quote, "LA School Employees Say They're Being Forced to Get COVID Vaccine," Daily Journal, March 22, 2021 • Presenter, "COVID-19 Return to Work Issues: How to Navigate the Changing Landscape for Your Return to Work Plan," HR West Virtual Conference, March 17, 2021 • Presenter, "Tools for Becoming Tougher," Ms. JD's Annual. Conference, March 11, 2021 • Presenter, "Building a Plan for Social Equity," Central San Diego Black Chamber of Commerce in association with The San Diego Union Tribune, February 24, 2021 • Presenter, "Where Business, Law and Tech Intersect," Central San Diego Black Chamber of Commerce, February 12, 2021 • Presenter, "C VTD-19 Vaccination Policies: Options, Issues and Considerations for Employers," Meyers Nave webinar, February 3, 2021 • Presenter, "COVID-19 Vaccinations: What California Employers Need To Know," Meyers Nave webinar, February 3, 2021 • Feature Article Profile, "Encouragement Changes Lives: Celebrating Black Entrepreneurship," San Diego Business journal, February 1, 2021 • Author, "Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know," Meyers Nave Client Alert, January 15, 2021 • Presenter, "City Attorneys — Leaders During the Crossroads," City Attorneys Association of San Diego County, October 22, 2020 • Presenter, "Diversity and Inclusion: Theory Meets Reality," Knoxville Bar Association, Knoxville, TN, October 3, 2019 • Presenter, "So You Want to be a Lawyer?" Gonzaga Law School, Spokane, WA, March, 31, 2019 • Presenter, International Women's Day Celebration, Becton Dickinson, San Diego, CA, March, 7, 2019 • Presenter, "Women's Inclusion Boss Series," Takeda, la, San Diego, CA, January, 30, 2019 • Presenter, "Annual Employment Law Update," Brown Law Group, San Diego, CA, January 24, 2019 Brown I Page 5 or • Presenter, "Priorities: The Responsibility of Leadership," Tennessee Bar Association Leadership Law Academy, Nashville, TN, January, 5, 2019 • Presenter, "Building Your Network," San Diego County Bar Association, San Diego, CA, December, 6 2018 • Presenter, "To Thine Own Self Be True," Celebrating Women Event, San Diego Magazine, San Diego, CA, September, 25, 2018 • Feature Article, "Beyond Law," The Goir,a,ga Lawyer, Gonzaga Law School, Spokane, WA, September 28, 2016 • Feature Article, "Chief Executive Optimist: Janice Brown took an uncommon approach to die law and built an uncommon firm" San Diego SupeiLtifyiers magazine, 2008 Representative Experience Employment Litigation • Plaintiff sought over seven million dollars in damages against her former employer, the largest retailer in the nation. Plaintiff was emboldened to pursue her case after the Magistrate Judge granted plaintiff's discovery request for a worldwide production of the employer's records. Appealed the Magistrate Tudge's order to the Presiding District Court judge, who reversed the Magistrate judge's order and invited defendant to file a Rule 11 motion against plaintiff. While Rule 11 and summary judgment motions were pending, plaintiff agreed to dismiss all claims with prejudice in exchange for a waiver of costs. • Defended a large-scale retailer in home decor against a former employee who sought $315 million in compensatory and punitive damages. After the discovery stage revealed that the former employee had stolen documents from her employer in the days immediately preceding her termination, the employer counter -sued the employee for breach of her contractual duty of loyalty. Successfully litigated the breach of loyalty counter -claim, earning a victory -for the employer on summary judgment, with the court ruling that the allegations of breach of loyalty and confidentiality were supported by undisputed facts. Subsequently went on to aggressively defend against the harassment and retaliation claims over the course of a five-day arbitration. This defense resulted in another victory for the employer, with the arbitrator dismissing all of the employee's claims, concluding that the employee was terminated due to her combative workplace interactions with co-workers. • Successfully obtained jury trial defense verdict on behalf of a national banking client accused of gender discrimination claim. • Represented a transit manufacturer in a complicated age discrimination case brought by an employee who was terminated as part of a company -wide reduction in force. After an extensive and detailed analysis of the employer's actions leading up to the reduction in force, a motion for summary judgment was filed to dispose of the entire action. In the tentative ruling, the trial court denied defendants' motion for summary judgment. At oral argument, convinced the Court to reverse its tentative ruling and dismiss the entire action on summary judgment. Plaintiff appealed to the Court of Appeal which affirmed the dismissal and issued Brown I Page 6 of 8 an opinion that was extremely critical of plaintiff. Plaintiff subsequently submitted a writ to the Supreme Court which was denied. • Defended one of the largest property and casualty insurers in the nation in a month -long july trial where the plaintiff, a former vice president, alleged whistleblower liability. Prior to commencing trial, the parties were ordered to mediation in an attempt to resolve the case. Plaintiff repeatedly demanded a mid -seven figure settlement which plaintiff immediately took "off the table" prior to jury deliberations. Although the jury returned a verdict in favor of plaintiff, the jury awarded less than five -percent of plaintiff's demand (which was less than half of what was offered in advance of trial), and no punitive or emotional distress damages were awarded. Plaintiff appealed the verdict and the matter ultimatelyuldmately settled pen ling appeal. • Successfully obtained court order granting demurrer without leave to amend on behalf of large public university in San Diego Superior Court. A lawsuit was filed by a former employee alleging wrongful termination, discrimination, retaliation and harassment. Following the former employee's appeal of the trial court's decision, the 4th District Court of Appeal affirmed the trial court's decision and awarded defendant its costs on appeal. • A former employee of a Fortune 50 company sued for wrongful termination after being fired for ethics violations. An extensive investigation of plaintiffs background uncovered several misrepresentations on plaintiff's employment application, as well as in other court filings initiated by the plaintiff. These issues were brought to light during plaintiff's deposition which resulted in plaintiff dismissing the entire action contingent upon an implicit agreement not to refer the matter to criminal authorities. • Defended a Fortune 500 energy company in a putative wage and hour class action, which included an individual claim for disability discrimination and wrongful termination. Aggressive defense resulted in the class action being dismissed after taking plaintiff's deposition. • After extensive discovery motions, and multiple mediations, resolved a hard fought case over allegations of sexual orientation discrimination by an executive at a Fortune 500 energy company. This matter presented a unique challenge since plaintiffs allegations of discriminatory actions were directed, in part, toward a high-level executive who was part of the same protected class as plaintiff. Successfully resolved this matter at mediation using innovadve and non -economic settlement tactics. • Represented a hotel owner in two mediations with a plaintiff who refused to resolve a wage and hour dispute, neither of which proved successful. Subsequently defended the client in a three-day bench trial in San Diego Superior Court, South Bay Division. Upon conclusion of closing argument and before defense counsel even took her seat, the court immediately returned the verdict in out client's favor. The Court also granted defendant its attorneys' fees based on the plaintiff's frivolous claim. • Represented a Fortune 50 banking institution in a wrongful termination matter. As a result of plaintiff s contentious discovery disputes and unethical discovery abuses, the trial court denied the plaintiff's request to depose the human resource representative, Defendants filed a motion for summary judgment wilich the court granted in full. The trial court's ruling was Brown I Page 7 of 8 upheld on appeal by the Fourth District Court of Appeal. Thereafter, plaintiff filed a writ with the Supreme Court which was denied. Business Litigadon • After a few months of litigation, successfully represented a Fortune 100 company (one of the oldest industrial companies in the United States) and negotiated a dismissal of a cross - complaint for breach of contract, interference and other business torts filed against the company in exchange for a mere waiver of costs. • Prevailed at trial and on appeal in. a contract and lease dispute against a large San Diego law firm for a Fortune 50 company, wherein the value of the amount in dispute totaled over $120 Million, and the court awarded our client its reasonable attorneys' fees. • Settled the day before trial, an eight figure settlement for 11 business people who were defrauded by a Fortune 50 company, which was represented by two large national law firms. • Negotiated hard-fought easement agreement with an adjacent land -owner on behalf of a developer immediately before escrow closings on multiple residential lots, causing dismissal of land -owner's lawsuit and release of lis pendens and allowing the developer to proceed on course with residential closings. • Successfully resolved an on -going family dispute resulting in the client obtaining full control of the mortuary business. • Successfully defended slander of title action on behalf of developer client by winning a demurrer and obtaining dismissal with prejudice of the complaint prior to engaging in depositions or other litigation. • Enforced trademark rights against a competitor who was compelled to change the name of its product and pay a mid -six figure settlement. Brown 1 Page 8 of 8 CAMILLE HAMILTON PAYING Camille Hamilton Pating Principal 1999 Harrison Street, 9th Floor Oakland, CA 94612 T: 510.808. 000 F: 510.444.1108 cpating meyersnave,corr Practice Group Labor and Employment Workplace Investigations California Bar Number 122890 Education UCLA Law School, JD, 1985 Stanford University, BA Political Science, 1982 Practicing Since: 198 Camille Hamilton Pating is Chair of Meyers Nave's Labor Employment Practice and Workplace Investigations Practice. She is ago -to independent attorney fact -finder for high - profile investigations involving elected officials, -suite executives and leaders of non-profit organizations. A well -respected expert in employment law for 35 years, Camille counsels employers on a broad range of issues including political speech on work platforms, anti- discrimination, harassment and retaliation laws, Title IX, reasonable accommodation n and leave of absence issues, and Ong and separation processes. She is a thought leader In Diversity, , Equity and Inclusion programs and initiatives and advises leaders in entertainment, technology companies and public agencies. She also develops and leads itino-atie training programs onbias prevention, investigation best practices and state and federal anti -d.iscrimi.nnation and anti - harassment laws. Camille is an experienced litigator advising and defending employers in litigation, arbitrations and disciplinary hearings and appeals. She served as a member of the trial team which won a unanimous jury defense verdict for the Chief of Police and City of Richmond against charges of discrimination, harassment and retaliation in a highly publicized case that was selected as a defense verdict of the year by the Daily Journal. Camille has conducted nearly 200 investigations, including claims of harassment, hostile work environment, fraud, waste, abusive conduct, discrimination, retaliation, Title L, police internal affairs, misappropriation, workplaceviolence, whistleblower matters and ethics violations. Having conducted numerous investigations for public sector employers, Camille is well versed in the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill. of Rights, as well as the Weingarten rights afforded to public employees. In addition she provides appropriate corrective action advice to address issues often. present in workplace climate investigations. Hamilton Patine Pagel of 7 Camille recently investigated allegations of harassment and discrimination at a digital media company, claims of racial bullying of students a California university, alleged harassment by the CEO of a nationally -recognized non-profit organization, and allegations of systemic sexual harassment and sexual favoritism at a hospital. She has conducted major misconduct investigations involving elected officials and employees of public employers throughout California. Camille's investigations specialty began with two cases that garnered intense public scrutiny — investigating election misconduct in the City of Bell, the largest government corruption scandal at the time, and as a member of the team conducting an internal affairs investigation of the BART police officer -involved fatal shooting of Oscar Grant at the Fruitvale BART station. Camille shares her expertise as a frequent presenter at conferences and seminars on topics that include preventing workplace bullying and harassment, recogning implicit bias, social media use, and ethics. Honors and Awards • Top Labor & Employment Lawyers, Daily journal (2021, 2020) Professional Affiliations • Board Member, Future of Diversity, Equity & Inclusion Advisory Board, HR.co /Next Concept HR Association, 2021 • Member, California Public Employers Labor Relations Association • Co-sponsor, Bar Association of San Francisco's African American Partners and Associates Summer Reception (2018, 2019) • Member, National Association of African Americans in Human Resources, Northern California Chapter Member, Association of Workplace Investigators • • • • • • • • Member, Women Lawyers of Alameda County Member, California Women Lawyers Member, Steering Committee, Women's Impact Network, Bar Association of San Francisco Member, Anti -Fraud Alliance Member, Municipal Management Association of Northern California Member, Charles Houston Bar Association Member, Labor and Employment Law Section, California Lawyers Association Hamilton Pating 1 Page 2 of 7 • Member, The Bat Association of San Francisco • Member, Filipino Bar Association of Northern California Presentations and Publications • Presenter, "Moving Diversity, Equity & Inclusion Programs Forward: An Employer's Road Map," California Public Employers Labor Relations Association Annual Training Conference, November 17, 2021 • Presenter, "City Attorney Pra.ctieum: COVID-19 Return to Work — Navigating the New Landscape," League of California Cities, June 9, 2021 • Moderator, "Session 2C: After a Year of Racial Reckoning Where Are Women of Color?," Women of Color Conference, California Minority Counsel Program, May 20, 2021 • Presenter, "COVID-19 eturn to Work Plan: Who Returns, When, Where & How," Meyers Nave webinar, April 2 , 2021 • Presenter, "COVID-19 Return to Work Issues: How to Navigate the Changing Landscape for Your Return to Work Plan," I I Nest Virtual Conference, March 17, 2021 • Presenter, "Raising Awareness: Recogni7ing & Managing Implicit Bias," Hayward Area Recreation and Park Institute, February 22, 2021 • Presenter, "Organizational Transformation: A Conversation on Diversity, Equity & Inclusion," Association of Women in Water, .Energy and Environment, February , 2021 • Presenter, "COVID-19 Vaccination Policies: Options, Issues and Considerations for Employers," Meyers Nave webinar, February 3, 2021 • Presenter, "COVID-19 Vaccinations: What California. Employers Need To Know," Meyers Nave webinar, Fe rum 3, 2021. • Roundtable Facilitator, "COVID-19: Workplace Considerations," California . Association of Sanitation Agencies Winter Conference, January 27, 2021 • Author, "Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To Know," Meyers Nave Client Alert, January 15, 2021 • Moderator, "Overcoming the Imposter Syndrome," Women of Color Forum, California Minority Counsel Program's Annual Business Conference, September 22, 2020 • Presenter, "Employee Resource Groups — Supporting Diversity or Widening The Divide?," HR West Conference, 2020 • Presenter, "Lessons Learned from Workplace Investigations in the #MeTooEra," County Counsels' Association Employment Law Conference, 2020 • Author, "SB 778 Requires Employers to Provide New Harassment Prevention Trainin.g by January 1, 2021," Meyers Nave Client Alert, January 2020 Hamilton Pacing I Page 3 of 7 • Author, "Employers' Dilemma: Comply Now with New Employment Laws or Wait Out Court Challenges?," Meyers Nave Client Alert, January 2020 • Presenter, "2020 Labor Law Update," National Association of African Americans in Human Resources, Northern California Chapter, 2019 • Author, "AB 5: Clarity for Some Employers, Uncertainty for Others," Meyers Nave Client Alert, September 2019 • Presenter, "How to Conduct #MeToo Investigations that Stand Lip in Litigation," Next Concept HR Association's California Legal & Legislative Summit, 2019 • Author, "SB 778 Extends Employers' Deadline for Providing New Harassment Prevention Training," Meyers Nave Client Alert, September 2019 • Presenter, "Lessons Learned from Workplace Investigations in the #MeToo Era," San Mateo County Bat Association Labor & Emplo tnent Section, 2019 • Presenter, "#MeToo Movement in Local Governments", County Counsels Association's Employment Law Conference, 2019 • Presenter, "Identifying and Minimizing Implicit Bias," 21st Annual Northern California Eminent Domain Conference, CLE International, 2019 • Presenter, "California's Top 5 New employment Laws in Response to the #MeToo Movement," California. Special Districts Association .Annual Conference, 2019 • Author, "The Rights of Transgender and Non -Binary Employees," Dail journal's "Top Labor and Employment Lawyers" issue, July 10, 2019 • Author, "California Lawmakers Ban Workplace Discrimination Based on Hairstyle," Society for Human Resource Management Calijbmia Newsletter, July 9, 2019 • Author, "New Law Targets Discrimination Based on Hair Style," Daily journal, July 8, 2019 • Presenter, "The Future of Workforce Development," Skywalker Ranch Leadership Summit Series, 2019 • Presenter, "Ethical Issues that Most Frequently Entrap City Managers," League of California Cities' City Managers Conference February 14, 2019 • Presenter, "Lessons from #MeToo: Is Your Work Culture Inclusive Enough to Prevent Bias Harassment Claims?", California Association of Museums Annual Conference, 2019 • Author, "California's Top 5 New Employment Laws in Response to the #MeToo Movement," Meyers Nave Client Alert, October 2018 • Presenter, "Discipline that Sticks - How to Create Your Best Record for Arbitration," California Public Employers Labor Relations Association Annual Training Conference, 2018 • Author, "California's Top 5 New Employment Laws in Response to the #MeToo Movement," Meyers Nave Client Alert, October 2018 Hamilton Paring I Page 4 of 7 • Presenter, "Labor Law Update," National Association of African Americans in Human Resources, Northern California Chapter, 2018 • Presenter, "Investigating Disability Discrimination," Alameda County's Disability Employment Awareness and Training Conference, 2018 • Quoted, "Outside Investigations of Harassment Have Pros and Cons," Daify journal, September 6, 2018 • Presenter, "The Next Phase of Workplace Misconduct Claims and the Elimination of Bias," Clear Law Institute webinar, 2018 • Author, "#MeToo's Impact on Harassment Policies, Investigations and Training," Daily journal's "Top Labor and Employment Lawyers" issue, July 18, 2018 • Program Chair, Workplace Investigations: Facing High -Risk Situations, CLE International Conference, 2018 • Presenter, "Not Yet Illegal: Addressing Bias Issues and the Next Phase of Workplace Misconduct Claims," Workplace Investigations: Facing High -Risk Situations, CLE International Conference, 2018 • Moderator, "High Stakes & High Risks: Strategies for Handling High -Profile Litigation," Meyers Nave/California Minority Counsel Program seminar, 2018 • Presenter, "Recognizing Implicit Bias for Human Resources Professionals," National Association of African Americans in Human Resources, 2018 • Quoted, "A Look Back on Same -Gender Sex Harassment," Daily journal, January 29, 2018 • Quoted, "California Legislation and Regulations to Watch in 2018," Law 6 , January 1, 2018 • Quoted, "Year in Review: Hollywood Harassment Allegations," Daily Journal, December 27, 2017 • Presenter, "Elimination of Bias: Bias Issues that May Arise in the Land Use Context," CLE International's Land Use Law Conference, 2017 • Author, "IFH Issues Workplace Harassment Guide for California Employers," Meyers Nave Client Alert, 2017 • Presenter, "Investigative Reports And The California Public Records Act: Protecting Privileges In Internal Investigations," California Public Employers Labor Relations Association Annual Training Conference, 2016 • Presenter, "New Issues in Employment Investigations," International Municipal Lawyers Association Annual Conference, 2016 • Presenter, "New Challenges for Employers: Diversity Initiatives & Implicit t Bias," Southern California Public Labor Relations .s ou .cil, 2015 • Presenter, "New Challenges for Employers: Diversity Initiatives & Implicit Bias," Meyers Nave webinar, 2015 Hamilton Pating Page 5 of 7 • Presenter, "Get Ready for the New Claims: Workplace Bullying and Subtle Bias," Meyers Nave webinar, 2015 • Presenter, "Nuts & Bolts of Workplace Investigations and Issues," Alameda Cou .t 's 11 th Annual Disability Employment Awareness Conference & Training, 2014 • Presenter, "How to Lead Without Breaking the Rules," California Council of School Attorneys, 2014 • Presenter, "Employee iscipl e and Investigations," Western Regional IPMA-HR Conference, 2014 • Presenter, "Workplace Bullying: The Next Harassment Claim?," California Public Employers Labor Relations Association AnnualTraining Conference, 2013 • Presenter, "Social Media Firings: The NLRB's Do's and Don'ts," IMLA Annual Conference, 2013 • Presenter, "Social Media — Creating a Policy You 'Life'," Nteyers Nave W bi ar, 2013 • Presenter, "Facebook `Friend' or Foe — Social Media on and off Campus," California Council of School Attorneys, 2012 • Presenter, "Ethics 101: A Guide for Public Officials," California Public Employers Labor Relations Association Annual Training Conference, 2008 • Presenter, "Lessons Learned from this Year's Big Employment Verdicts," California Public Employers Labor Relations Association Annual Training Conference, 2007 • Presenter, "Ethics 101: A Guide for Human. Resources Administrators," California Public Employers Labor Relations Association Annual Training Conference, 2006 • Presenter, "Investigation Techniques," Southern California Public Labor Relations Council, 2006 Representative Experience • Investigated allegations of financial mismanagement and misappropriation and conflict of interest by a CFO of a transit agency. • Investigated allegations of bullying and. abuse of employees at a national audio entertainment coma.. • Investigated allegations against the former Mayor of Palm Springs of illegal videotaping and eavesdropping on colleagues via an intercom system. • Investigated allegations of gender discrimination made by two female council members against the Mayor of roville. • Investigated allegations of ethical violations and conflict of interest by a City Auditor. • Investigated allegations that a COO misreported information regarding a $200 million project to implement clean technology trains to the Board of Directors for a transit agency. Alarnilton Dating 1 Page 6 of • Investigated allegations that an Auditor for a transit agency engaged in bullying of employees. • Investigated allegations that the CEO of a Health Plan engaged in conflict of interest and ethics violations. • Investigated allegations that the CEO of a Health Plan engaged in harassment, retaliation and discrimination. • Investigated allegations that an elected City Assessor -Recorder engaged in sexual harassment of male and female employees. • Investigated allegations that an elected County Assessor Recorder Registrar of Voters engaged in gender discrimination and retaliation in promotions of employees. • Investigated allegations ofsexual assault by a Manager of a Health Plan. • Investigated allegations that an employee of a rideshare compare drugged another employee with "date rape" drugs. • Investigated allegations of Code of Conduct and other violations against executives and employees at a Health Plan. • Investigated publicized allegations of misconduct by employees at a public library. • Investigated numerous fraud, waste and abuse hotline allegations against a City Auditor. • Investigated allegations of sexual harassment, race discrimination and disability discrimination by senior personnel at an international multimedia entertainment company. • Investigated allegations of racial bullying against two African American college students at a public university (caused public protests and involved the NAACP) . • Investigated allegations of harassment and abuse by an Executive Director of a social venture and technology non-profit organization. • Investigated election misconduct by police officers in a City of Bell government corrup do . scandal covered by national media. • Internal affairs investigation for Bay Area Rapid Transit (BART) of the BAT police officer - involved shooting death of passenger Oscar Grant. • Investigated allegations of financial mismanagement, misappropriation and other misconduct by 1 the Director of Payroll at a college district, 2 School Administrators and various staff at a school district, and the Chancellor, Board members, and President of a community college. • Investigated allegations of discrimination, sexual harassment and retaliation made by senior police supervisors against the Police Chief for a large city. Completed more than 60 findings in 60 days. Hamilton Pating Page 7 of 7 meyers nave Jesse Lad Of Counsel 1999 Harrison Street, 9th Floor Oakland, CA 94612 T: 510.808.2000 F: 510.444.1108 jlad@meyersnave.com Practice Group Labor and Employment California Bar Number 229389 Education Marquette University Law School, JD, 2003 University of Iowa, BA. Political Science with a Spanish minor, 1998 Practicing Since: 2003 JESSE LAD Jesse Lad advises public sector clients in a wide variety of labor and employment matters arising under federal and state laws, including labor relations, collective bargaining, medical leave, sexual harassment, disc rit ination, discipline and employee privacy. In addition, Jesse defends clients against claims of harassment, discrimination, retaliation and Wrongful discharge, as well as wageand hour. issues. He served as a member of the team that conducted an internal affairs investigation for the Bay Area Rapid Transit District (BABA) of the BAT police officer -involved shooting death of passenger Oscar Grant. Jesse serves as chief labor negotiator and lead labor counsel for a number of cities and special districts in California, and has also handled representation and certification matters for multiple clients including the County of Alameda, City of Walnut Creek, City of Petaluma and Sacramento Housing and Redevelopment Agency. His most recent experience in this area included assisting the City of Walnut Creek with a representational issue involving the City's dispatchers. He also regularly conducts arbitrations and administrative hearings on behalf of public agency employers. Jesse recently prevailed in a termination arbitration involving a former management employee for a water district, a writ petition involving a county employee's demand for the county to pursue a disability retirement on her behalf, and a petition by a public safety unit to enforce a side letter of agreement through the grievance process. Jesse served as the chief negotiator for the City and County of San Francisco in its negotiations with its Municipal Attorneys' Association as well as for the Sacramento Housing and Redevelopment Agency and the City of Pittsburg in their negotiations with their miscellaneous bargaining units. Jesse also successfully represented Contra Costa County and the City of Livingston in AB 646 fact- finding hearings that resulted in positive recommendations and outcomes for the clients. Lad Page l of 3 Prior to joining Meyers Nave, Jesse worked for a Sacramento firm where his practice primarily focused on defending harassment and discrimination claims for public and private employers. While in law school, Jesse was an intern with the National Labor Relations Board and Wisconsin Court of Appeals. Professional Affiliations • Member, The State Bar of California • Member, Alameda County Bar Association, Labor & Employment Law Section Representative Experience • io of Modesto v. Modesto Police Officers Association. Prevailed in. an arbitration involving a. Police Officer that was terminated for off -duty misconduct. • Chief Laborand m oynen Counsel: City of Walnut Creek, City of Modesto, City of South San Francisco, City of Pittsburg, City of Larkspur, Sacramento Housing and Redevelopment Agency, Delta Diablo Sanitation District, Moraga-ri.da Fire District, City of Cloverdale, City of Livingston, and Central Contra Costa Solid Waste Authority. • Served as Chief Labor Negotiator Sacramento Housing and Redevelopment Agency, City of Modesto, City of Walnut Creek, City of Pittsburg, City of Fremont, City and County of San Francisco, City of Santa Clara, City of Livingston, and West Valley Sanitation District. • AF'SCMB LOCAL 201 9 v. East Bay Municipal Utili0 District. Prevailed in grievance arbitration alleging that a clause in a collective bargaining agreement precluded the district from making changes to policies and procedures during the term of the agreement. • AFSCME Local 201 9 v.. s _ ti y Municipal Utility District. Prevailed in grievance arbitration upholding the district's methodology for determining when a recruitment should proceed on an internal basis only. • City and Count' of San Francisco, Served as co -chief negotiator for memorandum of understanding (MOU) negotiations with the Municipal Attorneys Unit. • io of PittsbuT. Served as chief negotiator for MOU negotiations with all tniscellaneous units. • Contra Costa Count v. Contra Costa Douo District Attot s'Assoii ton. Represented the county during a fact-finding proceeding after an impasse was reached between the county and the association during negotiations for a successor collective bargaining agreement. The fact- finding panel recommended adoption of the county's proposal and issued findings of fact consistent with the county's position. • Laborers International Union of NorthAmerica (LJUNA) vCi y o+ f M s. Obtained dismissal of an unfair labor practice charge filed with the California Public Employment Relations Board alleging bad -faith bargaining by the city. Lad Page 2 of • MacDonald v. Menlo Park Fire District. Prevailed in a grievance hearing regarding pay methodology for acting assignment. • Menlo Park Firefighters Association v. Menlo Park Fire District. Prevailed in grievance hearing regarding training requirements for firefighters. • Municipal Aor ey Associationv, Ci0 and Count' of San _Francisco. Prevailed in grievance arbitration upholding the monthly cap in the Long Term Disability Policy for San Francisco attorneys. The potential damages at issue in this grievance were significant citywide. • Police Officers Association v. Ci0 of Dixon. Obtained advisory arbitrate.on decision proposing significant discipline for a police officer that failed to disclose property damage to a police department vehicle. • Police Officers Associafion v. Ci0 of Livingston. Represented the city in a fact finding proceeding where the panel issued recommendations consistent with the city's city'position. Negotiated a successor MOU that included significant wage and benefit concessions. • Police 0.fficers Association v. GO of South San Francisco. Represented the city in . grievance brought by its police association alleging that the city was violating a collective bargaining agreement by not cashing out sick leave upon separation from service. The arbitrator ruled that the city's practice was consistent with the MOLT and denied the grievance. • Police Officers Association v. Go of South San Francisco. Prevailed in arbitration upholding the termination of a police officer that fabricated a memorandum to avoid discipline. • Police Officers Association v. C y ; f `rag. Obtained arbitration decision instituting a significant suspension for a police officer that engaged in off -duty misconduct. • Public Em_ployees Local I v, Delta Diablo S anitation . is rct. Facilitated withdrawal of an unfair labor practice charge filed with the California Public Employment Relations Board alleging unlawful interference with union activity. • Sacramento Housing &Redevelopment Agency. Served as chief negotiator for MOU negotiations with all represented units. • Shedd v. Ci0 of San Leandro. Prepared position statement that resulted in the Equal Employment Opportunity Commission EEC making a finding that no reasonable cause existed to confirm that the city engaged in discrimination. • Teamsters A 00 of`Mag. Prevailed in arbitration upholding the termination of a maintenance worker who failed to obtain proper authorization for a leave of absence. • Tuolumne Goan& . f y Shergfs� Association . C'o n f of Tuolumne. Prevailed in petition where the Deputy Sheriffs Association sought enforcement ofschedules in side letters signed by the union and county that were never approved by the Board of Supervisors. • West Valley Sanitation District. Served as chief negotiator for MOU negotiations with a.11 represented units. Lad I Page 3 of 3 meyers nave DAVID M. MIDDLETON David WI. Middleton Associate 600 B Street, Suite 1650 San Diego, California 92101 T: 619.330.1700 F: 619,330.1701 dmiddleton@meyersnave.com Practice Groups Labor and Employment California Bar Number 321385 Education John Marshall Law School, JD, 2013 (Moot Court Honors Council; Midwest Regional First Place, BLSA Frederick Douglass Moot Court Competition (2013)) University of Michigan, BA, 2010 Practicing Since: 2018 David Middletonis an Associate in Meyers Nave's Labor and F mployrn.ent Practice Group advising clients on a wide range of employment law matters in state and federal court. David's clients range from professional sports clubs, retailers, to nonprofit and for -profit entities. He has guided clients on decisions related to the request for proposal competitive bidding process, internships, and enforcement of restrictive covenants in the employment and commercial setting. David has extensive experience drafting internal research, memoranda, and motions. Prior to joining Meyers Nave, David served as an Associate for a San Diego -based law firm where he represented clients in the auto manufacturing, retail, and healthcare industries in matters involving the Song -Beverly Consumer Warranty Act, premises liability, products liability' and negligence.. His prior experience also includes serving as a judicial law clerk for four years in the United States District Court in the Southern District of California. Honors and Awards • Louis Welsh American Inn of Court Member (Associate)— 2017-18 National First Place Team Program Award (Unfriendly Sides: The Trial Lawyer and the Untriable Case) Professional and Community Affiliations Board of Directors, Earl B. Gilliam Bar Foundation (201 9-Present • Bar Process Management Coordinator and Tutor, Minority Legal Education Resources, Inc. (201 -Present) Middleton I Pagel, of 2 Presentations and Publications • Presenter, "Employment Law - Update — Public Entity Employers," Meyers Nave webinar, January 1, 2022 • Presenter, "Employment Law Update — Private/Non-Profit Employers," Meyers Nave webinar, January 11, 2022 • Interview, "Recent Changes to the Federal Vaccine Mandate," KUSI News, December 28, 2021 • Author, "The Federal Vaccine Mandate Is Back, for Now," Meyers Nave Client Alert, December 20, 2021 • Interview, "California Returns To Mask Mandate," CBS News 8, December 16, 2021 • Interview, "Future of Workplace Vaccine Mandates," ABC News 10 San Diego, November 15, 2021 Middleton I Page 2 of 2 meyers nave ALICIA M. MORRELL Alicia M. Morrell Senior Associate 1999 Harrison Street, 9th Floor Oakland, CA 94612 T: 510.808.2000 F: 510.444.1108 a morrell@metre rsnave.com Practice Groups Labor and Employment Workplace Investigations California Bar Number 310273 Education California Western School of Law, JD, 2015 University of the Pacific, MA, Education Administration and Leadership, 2008 Ball State University, BS, Sociology, 2006 Practicing Since: 2016 Alicia Iorrel is a Senior Associate in Meyers Nave's Labor and Employment Practice, and Workplace Investigations Practice. She provides an array of advice and counseling services to clients on labor and employment matters. Alicia advises clients on terminations, leave, handbook and policy compliance, and injury and illness prevention programs. She has extensive litigation experience, including handling trials, arbitrations, and mediations. She defends employers against claims of discrimination, harassment, wrongful termination, retaliation, wage and hour, and PAGA claims. Alicia also provides in -person and online and -harassment and anti -discrimination training. In addition to Alicia's law practice, she served as the Assistant Dean for Student Affairs at the Universitof the Pacific — McGeorge School of Law in Sacramento, where she was the primary academic advisor to for almost 600 law students and oversaw the administration of the JD academic program. Prior to her work for McGeorge School of Law, Alicia worked for multiple college campuses overseeing graduate students, student organizations, and diversity and social justice programs. Prior to joining private practice, Alicia served as a judicial Law Clerk for three years in the United States District Court in the. Southern District of California. Honors and Awards • Faculty Award, 2015 • American jurisprudence Award for Academic Excellence, 2014 • Julie A. Sina Award for Inspirational Leadership, 2008 Morrell Page 1 of 2 Professional Affiliations • Association f Title IX ,Administrators, Certified Level 2 Civil Rights Investigator Presentations and Publications • Author, r, Appendix G: Larry P. v. Riles in Advocacy for Low -Income Children rit x Disabilities in California (2014) Morrell I Page 2 of meyers nave ANGELICA M. PE BENITO Angelica Pe Benito Associate 1999 Harrison Street, 9th Floor Oakland, CA 94612 T: 510.08, 000 F: 510. 44.1108 apebenito@meyersnave.com Practice Groups Labor and Employment Practice Workplace Investigations California Bar Number 323612 Education Santa Clara University School of Law, JD, High Tech Law Certificate (Intellectual Property Specialization) with honors, 2018 University of California San Diego, BA, International Studies -Political Science, 2014 Practicing Since: 2018 Angelica Pe Benito is an Associate in the Labor and Employment Practice Group. Angelica has a broad professional background that includes working as a legal specialist at WestEd (a nonprofit education research, development and services agency), a law clerk. at Samsung Research America (an emerging and core technology research and development company), a paralegal at a business litigation law firm, a legal administrative assistant at an intellectual property law firm, a legal intern for the AIDS Legal Referral Panel, and a judicial extern for the Honorable Ronald E. Quidachay, the longest serving judge of the San Francisco Superior Court. An overview of her experience includes: • WestEd provided advice and counsel on issues pertaining to public records requests, business licensing, data sharing, privacy, certification forms, confidentiality agreements, Family Educational Rights and Privacy Act, and non-standard contract terms • Samsung Research America facilitated the patent application process by performing prior art searches for new inventions, communicating with inventors and outside counsel, and handling invention disclosure forms and patent prosecution documents; conducted legal. research on issues related to collaborative research agreements and patent examining procedures; reviewed nondisclosure agreements to ensure policy compliance • Business Litigation Law Firm assisted with discovery requests, summary judgment motions, mediation - arbitration proceedings, and preparation for hearings and trials; compiled excerpts from evidence procured during discovery to bolster arguments asserted in briefs; prepared deposition outlines, requests for discovery, privilege logs, exhibits, motions, and moving papers Pe. Benito Page 1 of 3 • Intellectual Property Law Firm --- drafted engagement letters, recorded client intakes, indexed official United States Patent and Trademark Office communications, managed client file database, and prepared cease and desist letters • Honorable Ronald E. Quidachay - - drafted tentative rulings and prepared bench memoranda, summarized opposing arguments, and assessed each issue in light of the facts and applicable law; met and conferred with Judge Quidachay and research attorneys to discuss recommendations and rationale; observed motion hearings and oral arguments brought before San Francisco's Law & Motion Real Property Court AIDS Legal Referral Panel provided direct services to vulnerable clients with limited resources; assisted clients in securing and maintaining essential government benefits, insurance, .ce, and public accommodations; conducted on -site visits and drafted demand letters for clients facing housing discrimination and possible eviction Honors and Awards • Santa Clara University School of Law — Dean's List three semesters, High Tech Excellence Award, Senior Production Editor of the High Technology Law journal ▪ University of California at San Diego — Provost Honors, Spring 2013 Presentations and Publications • Presenter, "Employment Law Update Public Entity Employers," Meyers Nave webinar, January 13, 2022 • Presenter, "Employment Law Update — Private/Non-Profit Employers," Meyers Nave webinar, January 11, 2022 • Presenter, " VI -19 Return to Work Plan: Who Returns, When, Where & How," California Special Districts Association webinar, June 22, 2021 • Author, Update on California's CVT-19 Pmergency Temporary Standards, and OSHA, Meyers Nave Client Alert, June 10, 2021 • Author, Round 2: Cal/OSHA Revises emergency Temporary Standards for VID-19 Prevention, Meyers Nave Client Alert, June 9, 2021 • Author, "Employers' Top Three Questions About VI -1 ," .worth County Lalger, February 2021 • Author, "Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California !- rplo ers Need To Know," Meyers Nave Client Alert, January 15, 2021 • Presenter, "Employment Law Update: What's New, What's Changed and What's Next?," Meyers Nave webinar, January 12 and 14, 2021 Pe Benito 1 Page 2 of 3 • Author, "Newly Adopted Cal/OSHA Emergency Standards Require Immediate Action by California Employers," Meyers Nave Client Alert, November 30, 2020 • Author, "SCOTUS Rules LGBTQ Workers Protected From Employment Discrimination," Meyers Nave Client Alert, July 10, 2020 • Author, "AB 5: Clarity for Some Employers, Uncertainty for Others," Meyers Nave Client Alert, September 2019 • Author, "SB Extends Employers' Deadline for Providing New Harassment Prevention Training," Meyers Nave Client Alert, September 2019 5050369.1 Pe Benito Page 3 of 3 City of National City Employment and Labor Legal Services 21 Appendix B -Certificate of Insurance Meyers Nave I May 5, 2022 AccoRif) CERTIFICATEOF LIABILITY INSURANCE I 1 DATE 7/27/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, ED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER Lockton Insurance Brokers, LLC 1NAME:A T 777 S. Figueroa. Street, 52nd Fl. ' PHONE Extl : TAX {Af � Not, CA(NC. License F 1 7 7 E-MAI Lo, EADDR: Los Angeles 9001 (1 689-0065 INSURER() AFFORDING COVERAGE NAIL # INSURER A : Vi! 11 .nt Insurance Com r an 20397 INSURED Meyers Nave, a Professional Corporation INSUREI B : Federal InsuranceCompany 1 1491388 1999 Harrison St., 9th Floor INSURER C : Oakland CA 94612 INSURER D INSURER E ; INSURER F : COVERAGES MEYI AO1 CERTIFICATE NUMBER: 1721 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO lHIH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSO SUER . POLICY NUMBER POLICY E1=F (MMIDDIYYYY) POLICY EXP (MMfDDJYYYY) - LIMITS A X COMMERCIAL GENERAL LIABILITY N _ N ---- 35904309 /11 0 1 5/1/2022 EACH OCCURRENCE $ 1, 00,000 PI SINUSES (Ea occurrence) 15000500 .....-- -- CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 1000 PERSONAL & ADV INJURY 1 #000,000 $ 2,000,000 $ 2,000,000 GENERAL AGGREGATE GEEV'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGO POLICY X JOT L IOC OTHER: AUTOMOBILE LIABILITY N 7355-71-30 5/1/2021 5/1/2022 EO aB i EDt,SINGLE LIMIT $ 1,000,000 $ )XXXXX BODILY INJURY (Per person) ANY AUTO BODILY INJURY (Per accident) $ �XXX OWNED AUTOS ONLY SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) ����� HIRED AUTOS ONLY - NON -OWNED I AUTOS ONLY Comp/Coll Ded 1,0 00 UMBRELLA LIAR X OCCUR N N 79871939 /1/ 0 1 5/1/2022 EACH OCCURRENCE $ 10 ,000,000 AGGREGATE $ 10,000,000 XXXXXXX EXCESS LIAB CLAIMS -MADE DED RETENT ON $ � WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N N A 71..'7 ��f01 5/1/2022� PER STATUTE ■ ��H- EL. EACH ACCIDENT $ 1 ANY PROPRIETOR/PARTNER/EXECUTIVE CFFICERVMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 0001000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ 1 000 000 E.L. DISEASE - POLICY LIMIT i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required} THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND TIE POLICY TERM(S) REFERENCED. Additional Named Insured: Meyers Nave Riback Silver & Wilson A Professional Corp. CERTIFICATE HOLDER CANCELLATION 17726155 Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 88401 C - D CORPORATION. All rights reserved. ACORD D (01 103) The ACORD name and logo are registered marks of ACORD EXHIBIT B RFQ for Employment and Labor Services: Schedule of Rates Meyers Nave has built its reputation for integrity and client commitment by proposing hourly rates that provide the best value based on the experience, qualifications and specialty expertise of the proposed attorneys, which delivers the most effective and efficient services possible, Our proposed hourly rates are as follows: Personnel Title Hourly Rate Janice P. Brown Senior Principal $485 Camille Hamilton Pating Senior Principal $485 Jesse Lad Senior Of Counsel $410 David Middleton Senior Associate $380 Alicia M. Morrell Senior Associate $380 Angelica Pe Benito Associate 5350 Paralegal $200 Rates may be increased approximately 5% on an annual basis to reflect increases in the relevant Consumer Price Index. We propose to charge the costs of extensive photocopying at $0.25 per page, postage at the current UPS rate, and the actual cost to us of any third -party expenses, such as transcription services.