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Lozano Smith
ATTORNEYS AT LAW

Andy Garcia E-mail: agarcia@lozanosmith.com

Executive Director

March 10,2017

Chip Rerig, City Administrator

City of Carmel-by-the-Sea
City Hall
Carmel-by-the-Sea, CA 93921

Re: Request for Qualifications for Legal Services

Dear Mr. Rerig:

Lozano Smith, LLP is pleased to respond to the City of Carmel-by-the-Sea's Request for
Qualifications for Legal Services. Since 1988, Lozano Smith has partnered with public agencies
in their missions to serve and enhance their communities by providing high quality, timely and
cost-effective legal services. Our firm's collective expertise in municipal law and the
experienced legal staff in our Monterey and Fresno offices are well qualified and positioned to
exceed the City's expectations in the delivery oflegal services.

We are committed to working with the City to control and reduce legal expenses through
preventive legal services and other measures. We look forward to the opportunity to further
discuss how we can meet the City's needs. If you have any questions during the proposal
evaluation period, please feel free to contact Mary F. Lerner, Attorney at Law. She can be
reached at 4 Lower Ragsdale Dr., Suite 200, Monterey, CA 93940, or by phone at 831.646.1501.

Respectfully submitted,

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AG/ljem
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Enclosure
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Limited Liability Partnership
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4900 California Avenue, Tower B, Suite 210Bakersfie/d, CA 93309 Te/661.271.1012 Fax 661.271.1013
7404 North Spalding Fresno, CA 93720 Tel 559.431.5600 Fax 559.261.9366
515 S. Figueroa St., Suite 750 Los Angeles, CA 90071 Tel213.929.1066 Fax213.929.1077
I 200 Civic Center, Mission Viejo, CA 92691 Tel949.636.9495 Fax213.929.1077
-' 4 Lower Ragsdale Dr., Suite 200 Monterey, CA 93940 Te/831.646.1501 Fax 831.646.1801
1300 Market Street, Suite 202 Redding, CA 96001 Te/530.243.8150 Fax 530.243.1745
One Capitol Mall, Suite.640 Sacramento, CA 95814 Tel916.329.7433 Fax 916.329.9050

..I 9444 Waples St., Suite 2.85 San Diego, CA 92121 Te/858.909.9002 Fax 858.909.9022
2001 North Main St., Suite 500 Walnut Creek, CA 94596 Te/925.953.1620 Fax 925.953.1625
PROPOSAL PREPARED FOR RESPECTFULLY PRESENTED BY
Lozano Smith, LLP
Mary F. Lerner
City of Carmel-by-the-Sea David J. Wolfe

4 Lower Ragsdale Dr., Suite 200

Monterey, CA 93940
T 831.646.1501 I F 831.646.1801
mlerner@lozanosmith.com
March 10, 2017
 Lozano Smith
AliORNf.VS AT lAW

TABLE OF CONTENTS
"l EXECUTIVE SUMMARY
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Introduction ............................................................................................................................................. 1
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' QUALIFICATIONS TO PROVIDE SERVICES
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City of Carmel-by-the-Sea Legal Team ................................................................................................... 2

EXPERIENCE
General Municipal Law Advisory ............................................................................................................ 4
Litigation Counsel .................................................................................................................................... 5
General Tort Defense .............................................................................................................................. 6
Police Tort Defense ................................................................................................................................. 7
Land Use, CEQA and Environmental Law ............................................................................................... 7
Economic Development, Real Estate & Housing ................................................................................... 8
Real Property & Eminent Domain .......................................................................................................... 8
Water Rights & Regulatton ..................................................................................................................... 9
Labor & Employment Law ....................................................................................................................... 9
Public Contracting/Public Works ............................................................................................................ 11
Preparation and Review of Ordinances, Resolutions and other Documents ....................................... 12
Code Enforcement .................................................................................................................................. 13
Public Records Act & Brown Act ............................................................................................................. 13
Conflicts of Interest/Ethics Issues & Elections ....................................................................................... 13
Cost-Effective Legal Services .................................................................................................................. 14
Approach to Legal Services ..................................................................................................................... 16

ADDITIONAL INFORMATION
Political Contributions ............................................................................................................................. 17
J Related Clients ......................................................................................................................................... 17
Professional Commitments ..................................................................................................................... 18

l REFERENCES
References ............................................................................................................................................... 19
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.J COMPENSATION
Summary .................................................................................................................................................. 20
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J APPENDIX
Agreement for Professional Legal Services
I Attorney Bios
,~ Letter of Recommendation

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' ATTORNEYS AI LAW

:EXECUTIVE SUMMARY
l THANK YOU
The opportunity to serve and enhance a community Is an honor. You are leading a truly unique city, and we
appreciate the way you serve your community. Just like you, we're passionate about what we do, and for
whom we do it. Lozano Smith is pleased to submit this Proposal for City Attorney Legal Services for the City
of Carmel-by-the-Sea, and if selected, will deliver the tailored counsel you deserve.
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MORE THAN A PROMISE- SERVING IN THE CITY ADORNEY ROLE
Greenfield, Clovis, Mission Viejo, Reedley, Fowler, Lemoore, and Parlier. We're proud to serve as City
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', Attorney for these cities and we've been doing so for many years. Ultimately, locally elected governing
bodies and their appointed officials and employees need a partner that understands and can effectively
navigate the complex and frequently changing laws. As a result of serving these numerous cities, we make
that a practice every day. We also understand the need to cost-effectively control legal costs.

We also represent nearby public agencies, including Monterey Peninsula Regional Park District, Monterey
Bay Unified Air Pollution District, Northern Salinas Valley Mosquito Abatement District, Greenfield Memorial
District, and several school districts within Monterey and surrounding Counties.

FIRM LOCATION SERVING CITY OF CARMEL-BY-THE-SEA

The City of Carmel-by-the-Sea would be served from the firm's Monterey and Fresno offices. Moreover,
this team is supported by the collective training, experience and research of the entire firm. Each attorney
is fully devoted to public agency law encompassing the issues outlined in this proposal.

COVERING THE STATE- HOW THAT IMPACTS YOU

Your time is valuable and streamlined use of counsel is critical. You also deserve accessibility and expertise.
To accomplish this, you should expect local, yet statewide experience in every area of law. We certainly do.
That's just one reason we have 87 attorneys across offices in 9 cities: Monterey, Fresno, Walnut Creek,
Sacramento, Bakersfield, Los Angeles, Redding, Mission Viejo and San Diego. Collectively, it's a network of
leading attorneys, paralegals and support personnel sharing best practices and experiences throughout the
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cl state. The built-in collaboration continually provides huge benefits and cost-savings for our clients.

REACHING OUT
.J It is our hope that you will contact our references. We stand behind our promise of being the best match for your
city, and we believe our references will echo that belief. Included at the end of this proposal are references for
! cities similar to Carmel-by-the-Sea.
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COMMITMENT
The law has significantly evolved over the past three decades. So have we. Now partnering with 550 public
.J agencies, Lozano Smith continues to find ways of instituting passion, creativity and innovation into our legal
counsel. As a firm, on that very first day in 1988, we chose to make it a way of practice for us. Today, it
continues to be a win for our clients .
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QUALIFICATIONS TO PROVIDE SERVICES
CITY OF CARMEL-BY-THE-SEA LEGAL TEAM
The City of Carmel-by-the-Sea would be served by a team of attorneys dedicated to municipal law, with
Mary F. Lerner designated as City Attorney. David J. Wolfe would serve as the Assistant City Attorney and
backup attorney to Ms. Lerner. We also work in teams in order to bring all the firm's resources to benefit
our clients and provide cost effective services. Lozano Smith is proud to augment its municipal law
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Mary F. Lerner is Senior Counsel in Lozano Smith's Monterey and Fresno
offices. Ms. Lerner is a member of the firm's Local Government, Facilities
and Business, and Labor and Employment Practice Groups, and currently
as the City Attorney for the City of Greenfield. Ms. Lerner advises
' 1 clients regarding a wide-range of issues affecting public agencies. Ms.
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l Lerner's practice is focused on civil litigation (including the use of

Alternative Dispute Resolution- arbitration and mediation), contracts,
health insurance law, Bankruptcy/representation of creditors, and general
counsel for public agency clients throughout California. In addition, she
assists clients in defense of issues related to the Americans with Disabilities
Act.

David J. Wolfe is a Partner in Lozano Smith's Fresno office. Mr. Wolfe serves
as the City Attorney for the City of Clovis and the City Attorney for the City
of Fowler. He regularly participates in activities with the League of
California Cities. Mr. Wolfe is an expert in drafting ordinances and
formulating creative solutions to complex issues involving public health and
safety nuisances. Mr. Wolfe has drafted ordinances which have proved
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I successful in providing tools to address problems associated with adult
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businesses, entertainment establishments, massage parlors and medical
marijuana.
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William P. Curley Ill is a Partner with the firm and is co-chair of the Local
Government practice group and Water Rights and Regulation specialty
practice group. He has 30 years representing public agencies with a focus
on cities and water agencies/special districts, and he has built a body of
experience that greatly benefits his clients. He serves as city attorney,
general counsel and special counsel to dozens of entities on a statewide
basis. His practice includes general counsel and advisory administrative
j advice, general municipal representation, land use advice, code
enforcement, the review and/or preparation of all types of California
i Environmental Quality Act documents, the parallel Federal environmental
J review processes and involvement in all aspects of economic development
activity, water/fee rates and the implementation of the dynamically
changing body of water laws.

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 Travis E. Cochran is an Associate in Lozano Smith's Monterey office where
he focuses his practice on facilities and business and local government
'l issues for public agencies. Mr. Cochran advises school districts, community
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college districts, and local governments on areas such as construction

advice and litigation, bidding and alternative delivery methods, technology
contracts, and compliance with federal and state regulatory programs,
including E-Rate, CEQA, and the California Coastal Act. Additionally, Mr.
Cochran has extensive experience assisting clients with solar, battery
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storage, and other types of energy conservation projects.

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Mary F. Lerner David J. Wolfe

. 'I Length of Employment 1+years 26 years
Local Government Local Government
Specialization
Facilities and Business Facilities & Business
J.D., San Joaquin College of Law J.D., (distinction), University of
Legal Training (2002) the Pacific, McGeorge School of
Law (1988)
Member of the National Member of League ofCalifornia
Honors & Affiliations Association of Housing and Cities
Redevelopment Officials
California Bar 4/9/2005 12/7/1988
Years of Practice 2005-Present 1988-Present

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EXPERIENCE
GENERAL MUNICIPAL LAW ADVISORY
Lozano Smith is a full-service municipal law firm. We advise cities, including Councilmembers, executives,
general staff and, as needed, interface with third parties and the public on a daily basis. Further, Lozano
Smith regularly provides counsel and training on a host of government relations issues, including all City
administrative and regulatory policies, the Brown Act, ethics and conflicts of interest, and the Public
Records Act.

AREAS OF PRACTICE
1 To best meet the needs and ensure the ongoing success of its clients, Lozano Smith's Local Government
Practice Group provides advice in all areas of law affecting cities, counties and special districts, and
provides specialized services to all of the firm's public agency clients in the following areas:
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> Open Meeting Laws/Brown Act
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> Records Request/Public Records Act
> Conflicts of Interest and Ethics
> Fees, Taxes & Assessments
> Claims Against Public Agencies
> Employment/Personnel and Collective Bargaining for Public Agencies
> Land Use
> CEQA
> Construction Advice and Litigation
> Public Safety
> Police
> Fire
> Code Enforcement
> Americans with Disabilities Act
> Intergovernmental Relations
> Elections, Redistricting and Voting Rights Act
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: j > Public Agency Formation, Organization and Reorganization
> Public Financing/Tax Exempt Bonds
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J ATTENDANCE ATCilY COUNCIL MEETINGS
Our attorneys attend public agency meetings on a daily basis, both to participate and to ensure compliance
with open meetings laws. The firm frequently conducts training sessions for elected officials and staff on
open meetings laws and tips for effective meetings. In addition, we routinely attend a wide range of
committee meetings, including ad hoc committees, successor agency oversight boards, citizen oversight
committees, budget committees, community advisory committees, joint committees with other public
agencies, etc.

LEGAL OPINIONS AND DOCUMENTS

Lozano Smith attorneys regularly provide clients with legal opinions on various topics and subjects,
including Brown Act, Conflicts of Interest, Public Records Act, Proposition 218 and evolving laws governing

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' municipal services and rate-setting requirements, and municipal contracts, The firm's opinion and
document database is well developed and linked across our nine offices, helping to minimize time spent
'l handling routine legal matters. We also distinguish ourselves by striving to always deliver the work product
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the client has requested in a timely manner.

' 1 LITIGATION COUNSEL

The Litigation Practice Group works in partnership with clients, regularly communicating the status of their
case, with an eye towards cost containment and ensuring they're timely informed about the progress of
,-1 their case. As part of their overall case management, we investigate insurance coverage and the viability of
indemnity claims to help pay for litigation costs and defray client expenses. Lozano Smith's Litigation
attorneys also support and proactively encourage clients to consider alternative dispute resolution (ADR)
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procedures in appropriate cases. The firm is experienced and well versed in various forms of ADR, including
arbitration, mediation and both informal and formal settlement conferences.

Lozano Smith attorneys are disciplined in compliance with client case-management requirements,
including:
> Preparation of Administrative Records;
> Preparation of Written Briefs and Motions;
> Specialized Public Agency Litigation, including Administrative Hearings, Writs of Mandate,
Validation Actions;
> Successful Advocacy Before all California Courts, Including the California Supreme Court and Ninth
Circuit Court of Appeals;
> Preparation of Initial Case Evaluations and Budgets;
> Preparation of Discovery Plans;
> Preparation of Case Updates;
> Monitoring of Case Budgets;
) > Oral and Written Presentations to Client Senior Administration and Elected Officials; and
-J > Electronic Discovery.
REPRESENTATIVE CASES
J Lozano Smith's Litigation Practice Group offers its clients a long history of dedicated and successful
representation. Sample cases, including those handled by current Lozano Smith attorneys prior to their
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employment at Lozano Smith, are included throughout the proposal. For example:
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'j > In Govan v. City of Clovis, Lozano Smith successfully obtained dismissal of several constitutional and
other statutory claims asserted by a Plaintiff business operator against the City of Clovis and
I individual City police officers, where the Plaintiff challenged the City of Clovis' Sign ordinance and
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its enforcement. The District Court, entered judgment in the City's favor following dismissal of all
of the Plaintiff's claims, which included several theories on the alleged violation of his First
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.1 Amendment free speech rights, violation of his constitutional due process rights violation of his
equal protection rights, and other state law claims .

.J > Leonard Avila v. City of Los Angeles, eta/. 9th Circuit Court of Appeal, Case No. 12-55931 where
Lozano Smith successfully defended the City of Los Angeles and Los Angeles Police Department in
an employment case. Following testimony, Lozano Smith asked the judge to dismiss certain claims

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ATTORN[YS AI LAW

because the officer had not introduced sufficient evidence. The judge agreed in part, and the jury
was only asked to consider the officer's claims concerning retaliation under the FLSA and due
process violations. The jury's verdict was a good one for the City and the LAPD, because they
prevailed on the due process claim.

1 > Chisom eta/. v. Bd. of Retirement et of. Court of Appeal, Fifth District. Case No. F064259 A recent
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published decision upholding a decade-old settlement agreement and rejecting a group of retired
Fresno County employees' attempt to use parole evidence to advance an interpretation of the
settlement agreement that would have allowed the former employees to pursue their claims for an
"enhanced" non-service-connected disability retirement benefit.

> Shiell, eta/. v. County of Los Angeles, eta/., Los Angeles County Superior Court Case No. BC208582,
Equal protection action claiming staff members of a non-profit, public benefit corporation were
entitled to the same rights, salaries and benefits of County employees because they performed the
same work. A dispositive motion was decided in the County's favor.

> Save Our Crossroads Center v. City of Clovis, eta/. Fresno County Superior Court Case
#03CECG01576 Fifth District Court of Appeals Case #F059907 Supreme Court Case #S194664:
Lozano Smith defended the City of Clovis in a case filed against the City of Clovis by opponents of a
Wai-Mart Supercenter regarding air quality analysis, energy impacts analysis, biological impacts
analysis, water supply assessment, range of Project alternatives and General Plan consistency.

' '' > Lozano Smith represented the City of Los Angeles in one of the largest class action disability
lawsuits in the country. In Willits, Mark, eta/. v. City of Los Angeles, the plaintiff filed an Americans
with Disabilities Act (ADA) complaint to install curb cuts and sidewalk repairs throughout the City,
to enforce the ADA. This case involved extensive E-Discovery of the City and its various
departments' internal data management system. The recently negotiated settlement will allow the
City to completely revitalize its public right-of-ways to assure that all of the residents and visitors
are able to fully participate in all of the available programs and services offered by the City.

j > Hall, eta/. v. County of Los Angeles, Los Angeles County Superior Court Case No. BC208583,
Approximately 200 female attorneys of a non-profit, public benefit corporation brought a sex
discrimination suit claiming they were not receiving the same salaries and benefits as male
employees of the County, despite doing the same work. The County's dispositive motion was
i ultimately granted on the grounds that plaintiffs were using improper male comparators and had
J not shown any indicia of discrimination.

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GENERAL TORT DEFENSE
j ' Our attorneys have in-depth knowledge of the California Tort Claims Act (Act) and have navigated the
intricate and complex requirements and time lines that can afford or deprive public entities of important

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I legal defenses. They are well versed in the contours of public entity and public employee liability under
both common law tort principles and statute, and the various immunities that protect government

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agencies and employees. In addition to liability for employees' acts, we aggressively defend the interests of
public agencies in the following, most common forms of statutory liability:
> An independent contractor's tortious act or omission "to the same extent that the public entity
would be subject to such liability if it were a private person." (Gov. Code, 815.4.)
> A public entity's breach of a "mandatory duty imposed by an enactment that is designed to protect
against the risk of a particular kind of injury ... unless the public entity establishes that it exercised
reasonable diligence to discharge the duty." (Gov. Code, 815.6.)
. 1 > Injury caused by a dangerous condition on the public entity's property. (Gov. Code, 835.)

Lozano Smith attorneys diligently use the Act to prevent a plaintiff who does not comply with the Act's
requirements from successfully bringing a legal action.

POLICE TORT DEFENSE

Our experience includes extensive work on behalf of cities in excessive force, unlawful arrest, civil rights,
wrongful death, assault and battery, negligence, and seizure actions in both state and federal court, and at
the trial and appellate levels. We have obtained favorable results on the pleadings, on summary judgment,
through settlement, and at trial. We have also handled class action cases ranging from hundreds to
thousands of plaintiffs.

Our attorneys interact directly with local police departments on a daily basis. We provide advice and
training on the Public Safety Officers Procedural Bill of Rights (POBR) and are familiar with individual
departments' operations manuals. Our attorneys are also familiar with law enforcement technological
resources, including, for example, mobile digital terminal and dispatch, and L-tac communications.

LAND USE, CEQA AND ENVIRONMENTAL LAW

Lozano Smith attorneys are particularly skilled at preparing complex land use transactions, statutory
development agreements, parcel and subdivision map agreements, general plan and zoning legislation, and
developer fee agreements and implementation. Lozano Smith has negotiated easement agreements
involving roads, access, utilities, and other issues; in addition to preparing and negotiating leases, including
long-term and short-term facilities space leases, ground leases, tenant improvement agreements and
licenses. When necessary, the firm has assisted public agencies in obtaining property rights through
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eminent domain proceedings:

Our attorneys have extensive experience assisting public agencies with CEOA issues and other California
environmental laws. We frequently advise our clients how they may best navigate CEQA procedures and
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avoid legal challenges. We have reviewed environmental documents for various agencies for CEQA
.J compliance prior to their adoption. We have also developed a "CEQA Checklist" that is a user-friendly guide
to assist in making initial determinations of the level of CEQA review that is required for particular projects.
Recently, Lozano Smith advised the City of Piedmont in relation to CEQA compliance for a hotly contested
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field and lighting project.

Lozano Smith has had a successful track record in litigating CEQA issues. For example, we prevailed in a
heavily contested series of lawsuits, including CEQA causes of action, seeking to stop development of a

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 public high school that was supported and approved by Pajaro Valley Unified School District and the City of
Watsonville. The primary case was upheld on appeal.

Lozano Smith's attorneys have also assisted in assessing options for energy related contracts, including
energy management consultant agreements, renewable energy projects, and contracts for energy
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conservation retrofits, and have also advised on identifying and maximizing funding sources for such
contracts. This work has included negotiations of a number of power purchase agreements and other high-
value contracts for the installation of solar photovoltaic facilities.

HAZARDOUS/TOXIC MATERIALS ISSUES, INCLUDING CERCLA AND RCRA ISSUES

Lozano Smith attorney, Mark Kitabayashi, is experienced in hazardous/toxic materials. This is evident in
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I Newman v. Stringfellow. At the time, it was the largest toxic tort personal injury case in U.S. history. It
encompassed a claim of personal injury and property damage by approximately 3000 plaintiffs due to
claimed exposure to a "toxic soup" of materials that emanated from the Stringfellow waste facility.
Plaintiffs' verdict against the client was less than $200,000.00. Mr. Kitabayashi was responsible for all
aspects related to 8 of the first 17 test plaintiffs, psychiatric/emotional distress/fear of cancer claims for all
first trial plaintiffs, all complaints related to internal medicine issues, and pediatric oncology issues.

Lozano Smith attorneys have handled other cases under Comprehensive Environmental Response,
Compensation and Liability Act and assisted clients in navigating the Resource Conservation and Recovery
Act. In addition, Lozano Smith attorneys have represented clients in cases involving groundwater
contamination, petroleum tank leaks, air quality boards, the State Water Resources Control Board, and
perchloroethylene (dry cleaning chemical known as PERC).

ECONOMIC DEVELOPMENT, REAL ESTATE & HOUSING

Lozano Smith attorneys have drafted numerous Development Agreements, Real Estate transactions
without regulatory elements, Owner Participation Agreements, Disposition and Development Agreements,
Affordable Housing Agreements, and special district/civic center transactions. In addition, our attorneys are
experienced with matters involving urban renewal, economic development, and Community Development
Block Grant Programs. Prior to ABxl 26 and the demise of redevelopment agencies, Lozano Smith advised
multiple redevelopment agencies and now is rendering legal advice to several oversight boards and
successor agencies.

Lozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting
and negotiating sophisticated real property transactions. These transactions have included negotiated
purchases, real property exchanges with both private and public entities, acquisition through developer
J agreements, and eminent domain. We also have represented numerous public agencies in public property
sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning
entitlements, easements, dedications, title and survey matters and real property due diligence.

REAL PROPERTY AND EMINENT DOMAIN

Lozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting
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and negotiating sophisticated real property transactions. These transactions have included negotiated
purchases, real property exchanges with both private and public entities, acquisition through developer
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agreements, and eminent domain. We also have represented numerous public agencies in public property
sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning
entitlements, easements, dedications, title and survey matters and real property due diligence.

WATER RIGHTS & REGULATION

' Through our Water Rights and Regulation practice area, our firm has assisted clients throughout the State
to craft regulations that are sound and recommend the best approach for them to best serve the water
needs of their constituents.
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Lozano Smith attorneys have advised clients in a variety of roles with respect to water law. This includes

.I serving as general counsel to West End Consolidated Water Company, City Attorney representing City of
Upland Water Utility and co-counsel representing City of Hesperia in the Mojave River Adjudication.
Collectively, our group of attorneys in the Water Rights and Regulation Practice area has significant
experience handling water treatment issues and environmental matters. This includes notable projects and
litigation for the City of South San Francisco, City of Clovis, City of Dixon, Napa Sanitation District, City of
Mission Viejo and the Stringfellow Waste Facility. Our attorneys have also assisted clients with the creation
of Groundwater Sustainability Agencies.

LABOR & EMPLOYMENT LAW

i A significant portion of our firm's resources is dedicated to employment counseling, employment litigation,
and administrative proceedings. Our attorneys are recognized experts at the state and national levels.

We have broad experience assisting clients in preventing, investigating, and litigating claims of sexual
harassment and all forms of employment discrimination, and our advocacy has been sought in a number of
sensitive, high profile cases. Our attorneys have argued appellate court personnel cases, including
arguments before the California Supreme Court. We have also represented public agencies in proceedings
before a variety of administrative agencies, including the Equal Employment Opportunity Commission
i (EEOC), the Department of Fair Employment and Housing (DFEH), and the California Public Employment
l Relations Board (PERB).

lj We have devised and implemented a process to assist staff in reviewing requests for accommodation from
employees and returning injured employees to work. We are familiar with the workers' compensation law
: process and have specific expertise in the Americans with Disabilities Act, Section 504 of the Rehabilitation
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J Act of 1973, and related state law. Our attorneys have experience assisting clients with the Public Safety
Officers Procedural Bill of Rights (POBR) and the Firefighters Procedural Bill of Rights Act (FOBR).

We have represented and defended public sector employers in matters involving all ofthe following state
and federal labor laws:
> Title VII of the Civil Rights Act of 1964
.,I > The Equal Pay Act of 1963 (EPA)
> The Age Discrimination in Employment Act of 1967 (ADEA)
> Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)
> The Civil Rights Act of 1991
> Unruh Civil Rights Act
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> The California Fair Employment and Housing Act

Other areas in which we have expertise and training include:
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> Drafting of Disciplinary Charges
> Due Process Hearings
, 1 > Employee Discipline and Termination
> Employee Evaluation
> Family and Medical Leave Laws (FMLA/CFRA)
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> Grievances
> Harassment and Discrimination Investigations
. i > Labor Negotiations
> Management and Employee Contracts
> Military Leave
\! > Personnel Policies
> Pre-Employment Screening
> Recruitment and Hiring
> Sexual Harassment/Retaliation
> Whistle Blower Statutes

COLLECTIVE BARGAINING/MEYER5-MIUAS-BROWN ACT

We have experience representing various public agencies in negotiations. We sit as lead negotiators and
provide a full range of services regarding labor negotiations and have expertise in guiding clients through
) impasse, fact-finding and preparations for concerted activities. We provide advice that is driven by the
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legal, political and financial realities of the client. For many of our clients, we conduct union negotiations.
For others, we advise personnel who conduct negotiations. In addition, the firm has substantial experience
handling grievances, arbitrations, and unfair labor practice proceedings.

MEDIATION, FACT-FINDING AND ARBITRATION PROCEEDINGS

.i Our attorneys are skilled in mediation in labor negotiations and grievance arbitrations. Our experience is to
resolve the vast majority of these cases in mediation. Over the years our labor and employment attorneys
) have represented public agencies in labor disputes that go to fact-finding panels and have served as fact-
' ' finding panel members, representing the interests of our clients. Few other firms can match our experience
that no labor negotiations handled by our attorneys have ever resulted in a strike.
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Our firm has represented public agencies throughout the state at all levels of grievance arbitration. We are
successful at assisting clients as they analyze and resolve grievances and, if settlement is not possible or
advisable, we are ready to provide experienced attorneys to litigate those grievances.

EMPLOYEE DISCIPLINE AND DISMISSAL

~.1 Lozano Smith is well qualified and experienced to provide legal assistance on virtually any personnel issue
affecting represented and unrepresented employees. We assist in preparing documents that are legally
I compliant, effective and comply with applicable collective bargaining agreements, The firm's attorneys are
c.l recognized experts on employment issues and are known for cooperatively negotiating creative solutions
to employee discipline and dismissal actions.
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Al!ORNEVS AT LAW

PUBLIC CONTRACTING/PUBLIC WORKS

Since the firm's inception, our attorneys have advised public agencies on the myriad of legal issues
,-1 presented by the procurement of services, equipment and materials. Our attorneys are experienced in
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prevailing wage and public bidding requirements as they relate to special districts and municipalities. The
firm's statewide presence and internal sharing of information serves our clients and results in cost savings
to them.

More than half of the attorneys on our staff manage business transactions each day, giving us the depth of
experience to successfully review and advise our clients on these types of transactions. Specific areas in
which we regularly provide advice and counsel include:
! > Legislative and judicial actions/decisions;
> Contracts (general);
> Capital Improvement Projects (construction contracts, including bidding, award and defense);
> Bid challenges;
> Easements;
> Deeds of trust and Leases;
> Ordinances and Resolutions;
> Notices and Dispositions; and
> Property acquisitions.

Lozano Smith has extensive experience with public bidding, from creation of bid documents, to advising
through the bid process, to representing public agencies in the event of bid protests, to litigation. In
addition to a strong understanding of existing statutory and case law requirements for public works
projects and purchases by public agencies, the firm has represented public agencies with a variety of other,
. J often less-settled, issues, such as Project Labor Agreements, preference for local bidders, lease-leaseback
and design-build arrangements, piggybacking and alternative bidding scenarios.

The construction of new facilities is an issue common to many of the firm's clients. While each new project
presents unique circumstances, many considerations are common to public works construction projects. To
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address these considerations, we have developed detailed contract documents to assist our clients in
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completing successful construction projects. These documents include an architect agreement,
construction management agreement, inspector of record agreement, and complete sets of construction
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NOTABLE PROJECTS AND CASES HANDLED BY ATTORNEYS CURRENTLY WITH LOZANO SMITH
> City of Clovis- $28 million new surface water treatment plant construction;
> City of Reedley- $15 million new bridge over the Kings River;
> City of Milpitas- $40 million new City Hall construction;
> City of San Leandro- $15 million library expansion and retrofit; and
> Cityof Dublin- $13 million new library construction.
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' PROCUREMENT AND CONTRACTING
Since the firm's inception, our attorneys have advised public agencies on the myriad of legal issues
, i presented by the procurement of services, equipment and materials. Our attorneys are experienced in
prevailing wage and public bidding requirements as they relate to municipalities. Our attorneys are also
experienced in Public Contract Code contracting requirements. Our depth of experience and familiarity
with the negotiation of contracts also enables us to assist in obtaining more favorable terms.

As one example, Lozano Smith has recently represented the cities of Clovis and Antioch in litigation
concerning new water and sewage treatment plants that failed to perform properly.

-1 Specific areas in which we regularly provide advice and counsel include:

> Bids
> Equipment Leases
> Municipal Finance Leases
> Public Bidding Forms and Procedures
> Requests for Proposals/Qualifications
> Professional Service Contracts

PREPARATION AND REVIEW OF ORDINANCES, RESOLUTIONS AND OTHER DOCUMENTS

Lozano Smith attorneys have extensive experience drafting City ordinances and resolutions. Examples of
the firm's experience with these matters include:
> Medical Marijuana Ordinance. Lozano Smith attorneys successfully navigated the conflicting federal
and state laws governing medical marijuana by preparing ordinances adopted in local cities such as
Clovis, Reedley, Parlier, Lemoore and Fowler that have addressed City concerns with public safety
and provided authorized medical marijuana users the ability to obtain their medical marijuana in a
safe and legal manner.
> Utility User's Tax Ordinance. Lozano Smith attorneys drafted the City of Fowler's and the City of
- J' Firebaugh's utility user's tax ordinance and related ballot measures.
> Adult Business Ordinance. Lozano Smith attorneys drafted defensible adult business ordinances for
the Cities of Clovis, Parlier, Reedley, and Firebaugh. To date, the Cities have had no challenges and
l currently have no adult businesses operating within their limits.
> Rent Control Ordinance. Working with property owners and mobile home park residents, Lozano
Smith attorneys rewrote the City of Clovis Mobile Home Park Rent Control Ordinance. Prior to the
'j rewriting of the ordinance, the City was constantly involved in litigation over its existing ordinance.
In addition, attorneys for the firm won a constitutional due process law case before the California
c J Supreme Court arising out of the City's previous rent control ordinance.

1 In addition, the firm's attorneys have provided advice and assisted with implementation of cost recovery
J programs, programs for neighborhood preservation, abatement of nuisances, and removal of abandoned
motor vehicles. Our attorneys are experienced with administrative inspection and abatement warrants;
parking, traffic, and speed laws; and impounding of vehicles. We also review and provide advice regarding
Memoranda of Understanding (MOUs) with other agencies, such as tax sharing MOUs with the County.
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CODE ENFORCEMENT
Lozano Smith attorneys provide code enforcement for all of its municipal clients. Lozano Smith attorneys
work with staff at all stages of code enforcement, from the drafting of initial violation notices through
administrative, civil, and criminal enforcement. Attorneys in the firm's Local Government Practice Group
are experts in drafting nuisance, abatement, and cost recovery ordinances. Our attorneys have assisted
many municipal clients develop creative solutions for addressing nuisance behaviors at parks and other
public facilities. Our team of experienced municipal attorneys have reviewed and updated city ordinances
relating to abatement, hearing procedures, and cost recovery.

PUBLIC RECORDS ACT & BROWN ACT

PUBLIC RECORDS ACT
We routinely handle Public Records Act requests. Our attorneys and paralegals routinely deal with complex
issues such as requests for salary or personnel information, electronic documents, and documents related
to closed-session meetings or pending litigation. All Lozano Smith attorneys are well versed in the Public
Records Act, and they remain abreast of recent legislation and case law.

! BROWNACT
We routinely provide advice regarding the open meeting requirements of the Ralph M. Brown Act. We also
have successfully defended Brown Act suits at the trial and appellate levels. For example, Duval v. Board of
Trustees (2001) 93 Cai.App.4th 902 established the principle that a legislative body may conduct
comprehensive personnel evaluations in closed session, including a discussion of evaluation criteria and
setting goals for future performance. The firm also publishes annual handbooks and materials available at
no cost for clients to use in understanding and complying with the Brown Act.

CONFLICTS OF INTEREST/ETHICS ISSUES & ELECTIONS

I We regularly train and advise public agencies, including the City Councilmembers, regarding a wide range
'' of conflicts of interest and ethics issues. Our attorneys are well versed in:
> The Political Reform Act;
> Government Code section 1090; and
> The common law doctrine of conflicts of interest.
We frequently advise public agencies on public officials' obligations to disclose their economic interests, to
abstain from participating in governmental decisions that can have a material effect on their economic
interests, and to properly disclose potential conflicts at public meetings.
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ELECTIONS
I When it comes to elections and political issues, we offer in-depth experience. The firm's attorneys advise
J on the proper conduct of both candidate elections and ballot measure elections, and conduct training for
public agencies on many election-related topics. A frequent topic is the proper use of governmental
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resources and facilities during elections. We provide practical guidance on issues such as:
J > Assisting the City officials and City Councilmembers with all election factors;
> Timing and conduct of elections, including special elections;
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'j > Election contests and voter registration issues;
> Public agency involvement in ballot measure elections;
> Restrictions on the use of agency computers, telephones, and media for political purposes;

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> Political activity by staff and third parties;
> Proper use of facilities for political activity;
~1 > Guidelines for mass mailings sent at public expense;
> Lobbying and campaign finance regulations; and
> Recall actions, including defense and oversight of the dual election process.

MALPRACTICE AND STATE BAR COMPLAINTS

The listed attorneys have not been successfully sued for malpractice, been the subject of complaints filed
with the State Bar, or had discipline imposed by the State Bar.

COST-EFFECTIVE LEGAL SERVICES

ADMINISTRATIVE CONTACT AND RESPONSE TIME
It is the practice of our firm to assign one attorney as the responsible attorney for all of a client's work.
- ' Mary F. Lerner is designated as the lead attorney. However, we also work in teams in order to bring all the
' firm's resources to benefit our clients and provide cost effective services.

Our firm has established high standards of practice that all personnel are expected to meet. Our attorneys
adhere to firm standards to assure the highest quality of service to our clients. The firm's standards of
practice require that all telephone calls be returned within 24 hours, or sooner, including after hours and
weekends. Senior attorneys review all work to ensure that only an outstanding work product is produced
and provided to clients within the time period set by the client.

TIMELY NOTIFICATION OF CHANGES IN LAW OR STATE REGULATIONS

-i We also understand that our clients receive maximum value when we team together to anticipate and
prevent legal problems, rather than simply responding when problems arise. Lozano Smith has become
known for its Client News Brief system through which we regularly provide an immediate summary of new
laws, cases or other developments by email to clients. We are also one of the only law firms to operate a
smartphone app which allows our clients to keep abreast of emerging legal issues. These services minimize
_1 exposure and help avoid litigation well in advance of matters being escalated.

CASE MANAGEMENT PLANS AND MATRICES; TRACKING AND MANAGING LEGAL COSTS
Lozano Smith attorneys routinely work with clients to develop a detailed and effective case or assignment
management plans, as needed, to ensure that the client is aware oft he status of all pending matters. This
also helps track and manage legal costs for transparency and to assist in the effort of keeping the City's
_J legal costs to a minimal level. Specifically, for several clients we have created a case management matrix,
for significant projects and litigation matters, that details the following information:
I > Lozano Matter Number
J > Matter/Case Name
> Responsible Attorney
> Current Status
> Next Steps
> Budgeted Amount
> Amount Expended
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 In addition to using case management matrices to manage cases/assignments, we frequently develop case
time lines for complex cases. These time lines are particularly useful when a complex case or assignment
.-, requires significant work from City staff. For example, in the employment litigation context, a discovery
request may require City staff time to assist in gathering documents responsive to the request. A case time
line helps to ensure that staff and legal counsel adhere to all time lines .
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Lozano Smith is proactive in strategizing with clients to make sure that the quality legal services that we
l perform meet or exceed our clients' needs and at the same time are within budget. This is consistent with
I our proactive approach of advising the City Council, City Manager/Administrator and staff about legal
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developments or issues of concern in advance of being asked or receiving requests. Our attorneys, through
.., the firm's local government practice group, regularly reviews developments, such as new case law or
I legislation, which affect our city clients .

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Evaluating the costs and benefits of choosing whether to litigate or settle cases is an important factor to
consider in the litigation process. Lozano Smith supports and encourages clients to consider alternative
dispute resolution (ADR) procedures when appropriate in cases. The firm is experienced and well versed in
various forms of ADR, including arbitration, mediation and both informal and formal settlement
conferences.

TECHNOLOGY RESOURCES
Lozano Smith has a fully-staffed, multi-member Information Technology department with the capability to
connect Lozano Smith attorneys and their technology to the City of Carmel-by-the-Sea, including Microsoft
Word, email, and the secure transmission offiles between the firm and the City. Lozano Smith partners
with a leading computerized legal research company to ensure cost-effective and efficient services.

CONFLICTS OF INTEREST
We know of no conflicts that would prevent our representation of City of Carmel-by-the-Sea in all matters.
Lozano Smith has implemented a conflicts checking system that will disclose conflicts, if they arise, on
. 1 matters as they are assigned to us. It is our legal duty to inform you if any conflicts arise and to obtain the
consent of both parties prior to continuing to represent either. However, we do not anticipate that any
1 conflicts will arise.
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CLIENTTRAINING
Lozano Smith is a recognized leader statewide for its successful development and implementation of
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',I topical seminars designed to provide up-to-date, practical advice and training. The firm provides workshops
on topics selected by the participants, which it conducts for individuals as well as groups of clients upon
request. Lozano Smith works with each individual client to determine any associated costs. In addition to
trainings listed throughout the proposal, Lozano Smith regularly conducts the following trainings:
> Americans with Disabilities Act
> Family and Medical Leave Act
> Employee Evaluation and Discipline
> Sexual Harassment. Prevention
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> Layoffs
> Bidding and Construction Issues
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> The Brown Act
> The Public Records Act
'-1 > Collective Bargaining Issues
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> E-Mail Retention and Obligations

-, > Effective Governance

I > AB 1234 Biannual Ethics Training
> Complaints Against Employees
-1 > Misuse of Internet and E-Mail

APPROACH TO LEGAL SERVICES

-~ WORKING RELATIONSHIP & LEGAL APPROACH
A City Attorney works to be collaborative and efficient in representing the City and its departments on a
daily basis, 24/7. At Lozano Smith, we understand the need and benefit to establish a true working
relationship with the City Council, City Manager, department heads, and staff to best serve the City. As City
Attorney, we are available day and night to the members of the City Council to assist each ofthem in
advancing the City Council's vision for the community. Essentially, the firm operates as would in-house
counsel.

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As City Attorney, our staff role is to be fully interactive, meaning not only analyze the statutes, cases and
I administrative regulations, but also act as chief counsel to provide opinions and recommendations that are
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in the best interests of the City. In terms of structure, we view the City Attorney as a member of the City's
executive management team, expected to attend and participate in management functions as needed or
requested.

We generally work directly with the City Manager as the day-to-day contact unless otherwise directed.
Coordinating daily work will be a consistent and constant flow of communication with the process for
1 transmittal of requests or other materials done through em ails and phone calls. We are available to
_J communicate in any capacity and form regarding the status of litigation and other legal matters. We will
adapt to the City and the City Manager's preferred use and coordination of legal services. Our expectation
j is to return all phone calls and emails within a 24 hour period, and often sooner .
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REPORTS
1 Our attorneys meet with the City Manager and Mayor or others as appropriate on a weekly basis and
.J provide oral updates on all legal matters. Written reports on projects are given to the entire City Council
upon request. Lozano Smith is able to provide any form of reporting the City wishes as necessary. In
1 addition to regular meetings with city staff, Lozano Smith will provide regular reports to the City Council on
.J all pending matters.

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 Lozano Smith
ATfORNE'YS AT LAW

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ADDITIONAL INFORMATION
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POLITICAL CONTRIBUTIONS
Lozano Smith and its attorneys have not made any political contributions of money, in-kind services, or
l loans to any member of a city council within the last five years.

RELATED CLIENTS
1 Lozano Smith currently represents approximately 550 public agency clients. Below is a sample,
representative list of related clients. Lozano Smith would be pleased to provide a complete list of public
agency clients upon request.
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Cl1ent Services Provided

City of Antioch Facilities and Business
City of Clovis City Attorney
City of Fowler City Attorney
City of Greenfield City Attorney
City of Lemoore City Attorney
City of Los Angeles Special Counsel, Litigation, Personnel
City of Mission Viejo City Attorney
City of Oakland Litigation
City of Parlier City Attorney
City of Piedmont Special Counsel
City of Reedley City Attorney
City of Sacramento Special Counsel
City of San Joaquin Special Counsel
City of Sanger Special Counsel
City of St. Helena Special Counsel
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! City of Turlock Special Counsel
City of Vallejo Special Counsel
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I Delta Vector Control District Special Counsel
J Employment Risk Management Authority Litigation
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Fire Agencies Insurance Risk Authority Special Counsel
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I Fresno Economic Opportunities Special Counsel
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Fresno Mosquito and Vector Control District Special Counsel
Fresno Westside Mosquito Abatement District Special counsel
Kings Mosquito Abatement District Special Counsel
Winton Water and Sanitary District Special Counsel
Northern Salinas Valley Mosquito Abatement District Special Counsel
Madera County Mosquito &Vector Control District Special Counsel
Honey Lake Valley Resource Conservation District Special Counsel
I Consolidated Mosquito Abatement District
..J Special Counsel
Last Frontier Health Care District Special Counsel
i Monterey Regional Park .District Special Counsel
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 Monterey Bay Unified Air Pollution Control District Special Counsel
Jurupa Community Services District Special Counsel
County of Madera County Counsel
County of Fresno Special Counsel
County of Merced Special Counsel

PROFESSIONAL COMMITMENTS
.-- l Mary Lerner currently serves as the City Attorney for the City of Greenfield. The Greenfield City Council
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meetings are scheduled for the second and fourth Tuesdays of each month .

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AlTORN('IS AT LAW

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:REFERENCES
c l City of Greenfield
Robert J. Perrault, Interim City Manager
599 El Camino Real
Greenfield, CA 93927
831.674.5591
rperrault@ci.greenfield.ca.us

City of Clovis
Luke Serpa, Interim City Manager
1033 Fifth Street
Clovis, CA 93612
559.324.2060
lu kes@ci.clovis.ca.us

City of Mission Viejo

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Ed Sachs, Mayor ProTem
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200 Civic Center
Mission Viejo, CA 92691
949.470.3050
esachs@cityofmissionviejo.org

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ATTORNEYS AT LAW

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!coMPENSATION
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i Please refer to the attached Agreement for Professional Legal Services for complete legal fees and billing
practices information.

Lozano Smith proposes to provide legal services at $195.00* per hour for all attorneys.

,l *Please note, client will not be billed for support staff time.
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ATTORNEYS AT LAW
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CITY OF CARMEL-BY-THE-SEA

AGREEMENT FOR
PROFESSIONAL LEGAL SERVICES
AS CITY ATTORNEY
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THIS AGREEMENT is made and entered into as of March 7, 2017, between the CITY
' 1 OF CARMEL-BY-THE-SEA, a municipal corporation (hereinafter referred to as "City") and
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LOZANO SMITH, a limited liability partnership (hereinafter referred to as "Attorney"). The
term "City" shall also include all boards, commissions, and other bodies of the City.

I. SCOPE OF WORK AND DUTIES

The City hires Lozano Smith as its City Attorney to render such legal services as are customarily
rendered by a City Attorney, including attending meetings of the City Council, and other
commissions, boards, and committees of the City, and its affiliated agencies, as directed by the
City. Representation shall include, but not necessarily be limited to, drafting and reviewing
ordinances, resolutions and City agreements, and consulting with or advising City staff on legal
issues that arise within their areas of operation, and generally advising the City Council and City
staff concerning the legal affairs of the City.

Attorney, as a full-service law firm, is prepared to, and will, provide representation to City in all
i of its legal affairs, including, but not limited to, municipal law, tort defense, labor representation,
,I criminal prosecution, redevelopment dissolution, land use, finance, franchising, contract
representation and other matters, except where conflicts exist or where the City Council may
otherwise direct. Attorney shall represent the City in initiating and defending all litigation unless
otherwise directed by the City Council.

1 All of these duties shall be performed, as directed by the City Council, and Attorney will keep
:J the City Council and the City Manager informed as to the progress and status of all pending
matters. All legal services can be authorized only by the City Council or the City Manager.
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Attorney will manage and control the delivery oflegal services in a competent, professional, and
cost-effective manner. Where appropriate, Attorney may from time to time recommend the use
i of special counsel. In that event, Attorney shall coordinate the work of special counsel.
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Notwithstanding the foregoing, it is expressly understood that Attorney shall not be responsible
for any pending litigation matter(s) until Attorney has specifically appeared in the matter as
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attorneys of record on behalf of City.
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The scope of work and duties under this Agreement shall not include representation of the City
I as Bond Counsel. In the event City desires that Attorney act as Bond Counsel, and Attorney so
.J agrees, City and Attorney shall enter into a separate Bond Counsel Agreement setting forth
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Attorney's duties and compensation for such Bond Counsel services. City and Attorney may
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agree that such compensation shall be on a contingent fee basis.

'1 2. CITY DUTIES

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City agrees to provide such information, assistance, cooperation, and access to books, records,
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and other information, as is necessary for Attorney to effectively render its professional services
under this Agreement. City further agrees to abide by this Agreement, and to pay in a timely
mauner for Attorney's bills for fees, costs, and expenses.

3. LEGAL FEES, BILLING PRACTICES, AND PERSONNEL

City shall compensate Attorney for legal services provided within the scope of work and duties
as follows: Client shall pay to Attorney $195.00 per hour for attorney services.
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In addition to paying legal fees, City shall reimburse Attorney for customary and reasonable
costs and expenses incurred by Attorney in the course of providing legal services to City. Costs
will include, but are not limited to, all third party expenses, mileage for travel, duplicating, long
distance telephone, postage charges, delivery charges, computerized legal research, facsimile
charges, and filing fees. Attorney shall not, however, charge City for mileage to and from its
offices to City.

Attorney shall render to City a statement for fees for services and costs incurred every calendar
month. City shall pay Attorney's statement within thirty (30) days after issuance of each
statement. Each statement shall clearly indicate the basis of the fees, including the working
attorney, hours worked, hourly rate (or flat meeting rate) and a brief description of the work
performed, and a description of costs charged.

The City Attorney will exercise discretion to use whichever attorneys, paralegals and staff that
he determines best suited to the rendering oflegal services in a competent and economically
efficient manner.

4. THIRD PARTY COSTS AND EXPENSES

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Attorney may determine it necessary or appropriate to use one or more outside investigators,
i consultants, or experts in rendering the legal services required (particularly if a matter goes into
.J litigation). Upon advance City Manager approval and proper documentation, City shall pay
directly or reimburse Attorney for directly incurred out-of-pocket disbursements, costs, and
expenses of providing said services.

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5. INDEPENDENT CONTRACTOR/LAWFUL PERFORMANCE

Attorney shall perform all legal services required under this Agreement as an independent
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contractor. Attorney shall fully comply with the provisions oflaw regarding performance of this
Agreement, including but not limited to, laws regarding licensure, professional canons of ethics
and conflict of interest statutes, rules and regulations. Attorney must certify and comply with the
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following: (1) that Attorney has no ethical or legal conflicts which would in general disqualify
' Attorney from representing the City; (2) that Attorney will refrain from initiating any legal
action against City (or their respective officers, agents and employees in their official capacity as
.1
such) by way of complaint or cross-complaint during the term of this Agreement or any services
rendered pursuant thereto, whichever later occurs; and (3) that Attorney will promptly disclose
upon knowledge or discovery of any specific facts which would or could potentially disqualify
Attorney from representing City pursuant to this Agreement.

6. HOLD HARMLESS

Attorney agrees to protect indemnify and save harmless against all claims, demands and causes
of action by Attorney's employees or third parties on account of personal injuries or death or on
account of property damages arising out of the work to be performed by Attorney hereunder and
resulting from the negligent acts or omissions of Attorney, Attorney's agents, employees or
subcontractors.

7. INSURANCE

Attorney shall procure and maintain, at his sole cost and expense, comprehensive general
liability and property damage insurance, including automobile and excess liability insurance, and
professional liability insurance against all claims for injuries against persons or damages to
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property resulting from Attorney's negligent acts or omissions rising out of or related to
j Attorney's performance under this Agreement. The minimum amount of such insurance shall be
$1,000,000. Attorney shall also carry Workers' Compensation Insurance in accordance with
applicable laws of the State of California. Such coverage shall be maintained in effect during the
term of this Agreement and shall not be subject to reduction in coverage below the limits
established, nor shall the insurance be canceled or terminated without thirty (30) days, prior
written notice to the City. A certificate evidencing the foregoing, and naming the City as an
. J additional insured, shall be delivered to and approved by the City prior to commencement of
services pursuant to this Agreement.

.. J 8. TERM, DISCHARGE, AND WITHDRAWAL

This Agreement shall continue in effect until terminated by discharge or withdrawal. City may
..J discharge Attorney at any time. Attorney may withdraw from City's representation at any time,
to the extent permitted by law, and the rules of Professional Conduct, upon at least thirty (30)
i days written notice. Upon notice of discharge or withdrawal, Attorney shall deliver all
c.J documents and records of the City to the City and assist to the fullest extent possible in the
orderly transition of all pending matters to City's new counsel.

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9. NOTICE
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Any notice required by law or by this Agreement shall be deemed delivered upon personal
delivery or when deposited in the United States Mail, postage prepaid, and addressed as
'1 described below or to any subsequently noticed change or address, whichever applies:
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CITY OF CARMEL-BY-THE-SEA LOZANO SMITH

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i City Hall 7404 North Spalding Avenue
Carmel-by-the-Sea, CA 93921 Fresno, CA 93720
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10. EFFECTIVE DATE

. 1 This Agreement shall be effective March 7, 2017 .

11. ASSIGNMENT
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This Agreement shall not be assigned by Attorney without prior written consent of the City.

.1 12 . CONSENT TO ELECTRONIC COMMUNICATIONS

In order to maximize efficiency, Attorney intends to use technology to facilitate its

representation of City. Such technology may include, but is not limited to, email, document
transfers by computer, cellular telephones, and use of mobile computing devices. The use of such
technology may place City confidences and privileges at risk. While Attorney has reasonable
safeguards in place to guard against any breach of confidentiality, Attorney cannot guarantee that
such information will not be accessed by persons not entitled to access such information and
there is a risk of accidental disclosure. Knowing the foregoing, City nevertheless consents to the
use of technology.
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13. SUPERSESSION

-l This Agreement supersedes any and all prior agreements or amendments thereto entered into for
' City Attorney services between City and Attorney.

CITY ATTORNEY
CITY OF CARMEL-BY-THE-SEA LOZANO SMITH

By: __~~~~~77~~-- By:

Chip Rerig, City Administrator

Date: _ _ _ _ _ _ _ _ _ _ __ Date: March 7 2017

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J.D., San Joaquin College of Law Local Government

B.A., California State University, Fresno Facilities & Business
Labor & Employment

Overview
Mary F. Lerner is Senior Counsel in Lozano Smith's Monterey and Fresno offices. Ms. Lerner is a member of the firm's
Local Government, Facilities and Business, and Labor and Employment Practice Groups. Ms. Lerner advises clients
regarding a wide-range of issues affecting public agencies.

Experience
Ms. Lerner's practice is focused on civil litigation (including the use of Alternative Dispute Resolution- arbitration and
mediation), contracts, health insurance law, Bankruptcy/representation of creditors, and general counsel for public
agency clients throughout California. In addition, she assists clients in defense of issues related to the Americans with
Disabilities Act. Clients utilize Ms. Lerner's experience with groundwater sustainability agencies and plans including
creation, function, issues and process.

Bar Admissions
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U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central District of California
' U.S. District Court for the Eastern District of California
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U.S. District Court for the Northern District of California
U.S. Court of Federal Claims, Washington D.C.
California Court of Appeal, Fifth District
All courts of the State of California

j Education
Ms. Lerner obtained her Juris Doctor degree from the San Joaquin College of Law. She graduated from California State
University, Fresno with a Bachelor of Science degree in Political Science. In addition, Ms. Lerner attends conferences and
_j pursues continuing education opportunities focused on coastal cities subject matter.

Community Involvement
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Ms. Lerner is an adjunct professor at the University of Phoenix, where she teaches Business Law (undergraduate and
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graduate levels) and Ethical Legal Topics (undergraduate level). She also serves as a faculty mentor to new faculty. Ms.
Lerner also partners with the Fresno County Bar Association on various civic engagement opportunities, including the
Speaker's Bureau, where she works on projects with local high school students.

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J.D., (with distinction), University of the Pacific, Facilities & Business California, 1988
McGeorge School of Law Local. Government
B.A. (magna cum laude), University of
Connecticut

Overview
David J. Wolfe is a Partner in Lozano Smith's Fresno office. Mr. Wolfe serves as the City Attorney for the City of Clovis
and the City Attorney for the City of Fowler. He regularly participates in activities with the League of California Cities. He
has served as Judge Pro Tern for the Fresno County Superior Court.

Prior to joining the firm in 1991, he practiced as an appellate attorney for the California Court of Appeal, 3rd Appellate
District, in Sacramento, California.

Additional Experience
Mr. Wolfe is an expert in drafting ordinances and formulating creative solutions to complex issues involving public
health and safety nuisances. Mr. Wolfe has drafted ordinances which have proved successful in providing tools to
address problems associated with adult businesses, entertainment establishments, massage parlors and medical
marijuana.

Significant Case
I
.I Mr. Wolfe successfully argued before the California Supreme Court the case of Galland v. City of Clovis (2001) 24 Cal. 4th
1003, which established the standard for public agency liability arising out of administrative hearings.

Education
Mr. Wolfe received his J.D. from the University of the Pacific, McGeorge School of Law, with distinction. He received his
B.A. from the University of Connecticut, magna cum laude.

Notably, Mr. Wolfe is one of only nine attorneys in the state who successfully completed all four segments of the League
of California Cities' Seminar 2000-2001. The Seminar was presented over a two-year period and covered all aspects of
.1 California Municipal Law.

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J.D., (cum laude) Western State University, Local Government

Fullerton Facilities and Business
B.S,, (cum laude) California State Polytechnic Technology &
University, Pomona Innovation

Overview
William P. Curley Ill is a Partner in Lozano Smith's Los Angeles and Mission Viejo offices. He is the Southern California co-
chair of the Local Government practice group and Water Rights and Regulation specialty practice group. With 30 years
representing public agencies with a focus on cities, city entities (redevelopment agencies, housing authorities, finance
authorities, library districts, etc) and water agencies/special districts, he has built a body of experience that greatly
benefits his clients. His experience allows for prompt, efficient and cost sensitive service to the Firm's clients. Mr,
Curley's expertise is focused in public agency and water law and now, new economic development/Redevelopment 2.0
opportunities.

He serves as city attorney, general counsel and special counsel to dozen entities on a statewide basis. His practice
includes general counsel and advisory administrative advice, general municipal representation, land use advice, code
enforcement, the negotiation and drafting of City and Redevelopment Agency land development agreements for large
scale residential, commercial and industrial developments, the review and/or preparation of all types of California
Environmental Quality Act documents, the parallel Federal environmental review processes and involvement in all
aspects of economic development activity, water/fee rates and the implementation of the dynamically changing body of
. I water laws.

T Experience
.1 Mr. Curley specializes in public agency, water and economic development law, having served as both in-house and
private firm municipal legal counsel. Prior to his legal career, Mr. Curley served as a municipal, in-house city planner. His
in-house, public agency background allows him to have a comprehensive understanding of the issues confronting public
officials and agencies, including a practical understanding of the objectives of elected officials, staff and their
communities and the legal issues involved in public agency decision-making.

Education
Mr. Curley received a Bachelor of Science (cum laude) from California State Polytechnic University, Pomona, where he
majored in geography and anthropology. He earned his Juris Doctor (cum laude) degree from Western State University,
Fullerton, distinguishing himself by winning several awards and honors .

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PraCtice. AreaS
J.D., University of North Carolina School of Law Facilities & Business
B.A., University of California, Davis Local Government
l Litigation

Overview
Travis E. Cochran is an Associate in Lozano Smith's Monterey office where he focuses his practice on facilities and
business and local government issues for public agencies.

Experience
Mr. Cochran advises school districts, community college districts, and local governments on areas such as construction
advice and litigation, bidding and alternative delivery methods, technology contracts, and compliance with federal and
state regulatory programs, including E-Rate, CEQA, and the California Coastal Act. Additionally, Mr. Cochran has
extensive experience assisting clients with solar, battery storage, and other types of energy conservation projects.

Presenter Experience
Mr. Cochran has presented at various events including the California Association of School Business Officials (CASBO)
local workshops, and Lozano Smith's Facilities and Business workshops and webinars. He is particularly experienced in
presenting topics related to the Public Records Act, Brown Act, compliance, and ethics and conflict of interest issues.

' Education
.I Mr. Cochran earned his J.D. from the University of North Carolina School of Law, where he served as President of the
Native American Law Students Association. As a law student, Mr. Cochran also served as a judicial clerk for the Eastern
I Band of Cherokee Indians Tribal Court. He received a B.A. in Political Science from the University of California, Davis.
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City ofGreenfield
PO Box 127 I 599 El Camino Real
Greenfield, CA 93927
'Iii' 831-674-5591 ~ 831-674-3149
wv..rw .ci .green fi cld .ca. us

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March 1, 2017

To Whom It May Concern:

Please consider this correspondence as a Jetter of recommendation for Lozano Smith.

As the Interim City Manager for the City of Greenfield, I work with Mary Lerner and her team
- \ of attorneys on a regular basis. As City Attorney and general counsel, they consistently advise us
on the most pressing issues, including personnel matters, law enforcement, code enforcements,
general governance, land use and development.

As part of an extensive proposal process, the City of Greenfield selected Lozano Smith as its
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City Attorney in 2016. Working together, the transition has been well received. Our attorneys
made it a point of emphasis to understand the intricacies of our unique city and community, and I
j believe this has created a seamless partnership. Each attorney is very responsive and we have
benefitted from the depth and breadth from their various sets of expertise.

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I'm pleased to have Lozano Smith as our legal counsel. I would encourage you to contact me
with or need for more information. I can be reached at 831.674.5591 or by email at
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Interim City Manager

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