Meyers Nave Riback Silver & Wilson CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 19th day of
May, 2015, by and between the City of Rancho Palos Verdes (hereinafter referred to as
the "CITY") and Meyers Nave Riback Silver & Wilson (hereafter referred to as
"CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows: professional legal services provided in
connection with the CITY'S fraud, waste and abuse hotline as set forth in the request for
proposals, which is attached hereto as Exhibit "A" and incorporated herein by this
reference.
1.2 Description of Services
CONSULTANT shall provide legal services to the CITY on an as-needed
basis in connection with the CITY'S Fraud, Waste and Abuse Hotline as a case
manager, investigator, or both. CONSULTANT'S proposal is attached hereto as Exhibit
"B" and incorporated herein by this reference.
1.3 Schedule of Work
CONSULTANT shall perform legal services to the City in response to a
written request from the CITY in response to particular complaints made to the CITY'S
fraud, waste and abuse hotline. Time is of the essence and services shall be performed
promptly, as specified in Exhibit A.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT at the not-to-exceed rate of
three hundred, thirty-five ($335) dollars per hour worked, to a maximum of $25,000
annually, for the services described in Article 1. If CITY requests additional specified
work that exceeds $25,000, such additional work must be approved by the City Council,
prior to commencement of the work.
Page 1 of 11
HOTLINE TPA-PERSONNEL Agreement for Professional/Technical Services
•
2.2 Terms of Compensation
CONSULTANT shall submit monthly invoices for hours worked during the
prior month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify CONSULTANT of any disputed invoice amounts or claimed completion
percentages within ten (10) days of the receipt of each invoice. However, CITY's failure
to timely notify CONSULTANT of a disputed amount or claimed completion percentage
shall not be deemed a waiver of CITY's right to challenge such amount or percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.3 Term of Agreement
This Agreement shall commence on May 19, 2015 and shall terminate on
June 30, 2016, unless sooner terminated pursuant to Article 4 of this Agreement. This
Agreement may be extended upon the mutual written agreement of the parties.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT shall defend, indemnify, and hold the CITY, its officials,
officers, employees, agents and independent contractors serving in the role of CITY
officials, and volunteers (collectively "Indemnitees") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liabilities, losses, damages or
injuries, in law or equity, to property or persons, including wrongful death (collectively
"Claims"), arising from any negligent or wrongful acts or omissions of CONSULTANT,
its officials, officers, employees or agents in connection with the performance of this
Agreement, including without limitation the payment of all consequential damages,
attorneys' fees, and other related costs and expenses. With respect to any and all such
Claims, CONSULTANT shall defend Indemnitees, with counsel satisfactory to CITY, at
CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against Indemnitees. CONSULTANT shall
reimburse Indemnitees for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided.
CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by CONSULTANT or Indemnitees. All duties of CONSULTANT under this
Section shall survive termination of this Agreement.
Page 2 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
•
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury,
death, loss or property damage for products or completed operations and any and all
other activities undertaken by CONSULTANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted or authorized to do
business in the State of California and rated in A.M. Best's Insurance Guide with a
rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSULTANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in Best's Insurance Guide with a
rating of A:VII or better. If a "claims made" policy is provided, such policy shall be
maintained in effect from the date of performance of work or services on the CITY's
behalf until three (3) years after the date of work or services are accepted as completed.
Coverage for the post-completion period may be provided by renewal or replacement of
the policy for each of the three (3) years or by a three-year extended reporting period
endorsement, which reinstates all limits for the extended reporting period. If any such
policy and/or policies have a retroactive date, that date shall be no later than the date of
first performance of work or services on behalf of the CITY. Renewal or replacement
policies shall not allow for any advancement of such retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) combined single limit
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as
required by law. CONSULTANT shall require any subcontractor similarly to provide
such compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) CONSULTANT shall provide immediate notice to the CITY if
CONSULTANT receives a cancellation or policy revision notice from the insurer.
Page 3 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall
maintain on file with the CITY Clerk certificates of insurance showing that the aforesaid
policies are in effect.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any
coverage available to CITY. The insurance policies (other than workers compensation
and professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
This Agreement may be terminated at any time, with or without cause, by
the CITY upon thirty (10) days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice. Notice shall be deemed served if completed in compliance
with Section 6.14.
In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by
CONSULTANT for work satisfactorily done in accordance with all of the terms and
provisions of this Agreement as determined by the CITY; provided, in no event shall the
amount of money paid under the foregoing provisions of this paragraph exceed the
amount which would have been paid to CONSULTANT for the full performance of the
services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, reports, information, data, exhibits created or
developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be
and remain the property of the CITY without restriction or limitation upon its use,
duplication or dissemination by the CITY.
Page 4 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
•
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the City Manager or his or her designee,
and CONSULTANT shall notify CITY of CONSULTANT's designated representative.
These individuals shall be the primary contact persons for the parties regarding
performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities
Act of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting,
auditing, or inspecting and auditing all records and other written materials used by
CONSULTANT in preparing its billings to the CITY as a condition precedent to any
payment to CONSULTANT. CONSULTANT will promptly furnish documents requested
by the CITY. Additionally, CONSULTANT shall be subject to State Auditor examination
and audit at the request of the CITY or as part of any audit of the CITY, for a period of
three (3) years after final payment under this Agreement.
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement.
CONSULTANT shall make reasonable efforts to maintain the continuity of
CONSULTANT's staff who are assigned to perform the services hereunder and shall
obtain the approval of the City Manager of all proposed staff members who will perform
such services.
6.5 ICRAA Requirements
In order to comply with the California Investigative Consumer Reporting
Agencies Act ("ICRAA"), Cal. Civ. Code § 1786 et seq., the CITY confirms that it will use
any final investigative report prepared by CONSULTANT, if any, only for a proper
purpose. Civ. Code § 1786.20(a). CITY confirms that it will use such reports for
purposes of resolving or providing legal advice regarding complaint allegations for
misconduct, made in connection with the CITY'S Fraud, Waste and Abuse Hotline.
Should the CITY intend to use any report prepared by CONSULTANT for a different
purpose, CITY will inform CONSULTANT accordingly. See Civ. Code § 1786.20(a).
Page 5 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
6.6 Conflicts
CONSULTANT represents many public agencies in California, Nevada and
Arizona. CONSULTANT performs a variety of professional services for its
public sector clients and it is possible that CONSULTANT will represent public
agency clients which are adverse to the CITY on other matters. To avoid
potential problems, CITY agrees to expressly waive any actual or potential
conflicts that might arise from such representation, that the CITY will not attempt
to disqualify CONSULTANT on such matters, and that CONSULTANT is free to
represent its clients on such matters. The CITY confirms that it does not object to
CONSULTANT's representation of clients on matters where their legal,
governmental or political objectives and/or positions may be different from or
adverse to those of the CITY and that the CITY waives any conflict of interests
with respect to CONSULTANT'S representation of such clients with differing
legal, governmental or political interests. The CITY further confirms that it will not
assert any conflict of interest concerning such representation or attempt to
disqualify CONSULTANT from representing such clients notwithstanding such
adversity. These acknowledgments do not permit CONSULTANT to represent
another client in opposing the specific matter for which the CITY engages
CONSULTANT without the CITY'S specific written consent.
6.7 CONSULTANT'S Representations
CONSULTANT represents, covenants and agrees that CONSULTANT is
qualified and capable of furnishing the labor and expertise necessary to perform the
services in accordance with the terms and conditions set forth in this Agreement
6.8 Legal Action
6.8.1 Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of
the State of California, excluding California's choice of law rules.
Venue for any such action relating to this Agreement shall be in the
Los Angeles County Superior Court.
6.8.2 If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement
or because of an alleged dispute, breach, default or
misrepresentation in connection with this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees,
experts' fees, and other costs, in addition to any other relief to
which the party may be entitled.
6.8.3 Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT
when there is no allegation that CONSULTANT was negligent,
CITY shall compensate CONSULTANT for its testimony and
Page 6 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
•
preparation to testify at the hourly rates in effect at the time of such
testimony.
6.9 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents
and representatives with respect to any claim, demand or action arising from any
unauthorized assignment.
6.10 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees, except as
herein set forth, and'CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons, firms, or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement. CONSULTANT shall have no power to incur any debt,
obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of
its agents, servants or employees, are in any manner agents, servants or employees of
CITY. CONSULTANT agrees to pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless
from any and all taxes, assessments, penalties, and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall fully comply with the workers' compensation law regarding
CONSULTANT and its employees. CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
6.11 Titles
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
6.12 Entire Agreement
This Agreement represents the entire and integrated agreement between
CITY and CONSULTANT and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be modified or amended, or
provisions or breach may be waived, only by subsequent written agreement signed by
both parties.
Page 7 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
I
6.13 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.14 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant, or any default which may then exist on the part of CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.15 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
6.16 Notice
Except as otherwise required by law, any notice, payment or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
To CITY:
Responsible Person: Doug Willmore, City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: ARTHUR A. HARTINGER
Address: MEYERS NAVE RIBACK SILVER & WILSON
555 12TH STREET, SUITE 1500
OAKLAND, CA. 94607
[Signatures on next page.]
Page 8 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
(jtjCitr\
Dated: ACe_ti 20i 2-0/
("CONSULTANT")
By:
Printed Name: }{K-4/1ukL
Title: a,met��c—Q�
By:
Printed Name:
Title:
Dated: `/`3// - CIN OF RANCHO PALOS VERDES
("CITY")
By:
ATTEST AP ROVED AS TO FORM
By:
By: if/cet •
Page 9 of 11
HOTLINE—TPA-PESONNEL Agreement for ProfessionaUTechnical Services
•
EXHIBIT "A"
Page 10 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
City of Rancho Palos Verdes
Request for Proposals
Fraud, Waste, & Abuse Hotline
Third-Party Investigative Providers (Personnel)
Due: 5:00 p.m . on April 22, 2015
City of Rancho Palos Verdes
Attention: Sean M. Robinson, Human Resources Manager
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5331 I Email: Srobinsonrpvca.gov
i
City of Rancho Palos Verdes 111 0
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 2 of 16
CITY OF RANCHO PALOS VERDES REQUEST FOR PROPOSALS
FRAUD, WASTE, & ABUSE HOTLINE SERVICE
Third-Party Investigative Providers (Personnel)
1. INTRODUCTION AND PROJECT
The City of Rancho Palos Verdes is requesting proposals from qualified professionals to supplement
the implementation of an Anonymous Fraud, Waste, & Abuse Hotline (Hotline). The successful
proposer will be responsible for conducting impartial external analysis of reports submitted to the
Hotline. Specifically, the City is seeking a legal firm with extensive experience working for public
agencies in California to serve as an independent municipal personnel legal expert in conjunction with
the Hotline implementation.
The City will select one or more firms, based on demonstrated competence and a cost effective
approach, to enter into an on-call, services-as-needed Professional Services Agreement (PSA) to
provide as-needed services for the City in connection with certain reports submitted to the Hotline in
connection with personnel matters and allegations of abuse by a City Council Member, the City
Attorney's Office, or by outside legal counsel. Implementation of the Hotline is anticipated by the end
of April, 2015. The Professional Services Agreement will be in place by that time.
2. BACKGROUND
The City of Rancho Palos Verdes is a scenic, upscale, residential coastal community, with a population
of approximately 42,000, located on the Palos Verdes Peninsula of southwestern Los Angeles County.
The City of Rancho Palos Verdes is a contract city, meaning that some services are provided by contract
with agencies (both public and private) and some services are delivered by the City's own employees.
City Attorney services are delivered pursuant to a contract with Richards, Watson & Gershon. Liebert,
Cassidy, Whitmore provides legal services to the City in connection with personnel matters. Police and
fire protection is provided by the County of Los Angeles. The County of Los Angeles also provides
sanitary sewer and other specialized public works services, while library services are provided through
a special district. Services provided by the City are construction and maintenance of streets and other
infrastructure, planning and zoning activities, recreational activities, and an extensive system of public
parks, open space and trails. Solid waste services are provided pursuant to contracts with EDCO and
UWS. The City has an in-house Department of Finance. Auditing services are provided by an
independent certified public accounting firm (currently Vavrinek, Trine & Day, LLP).
City Government: Rancho Palos Verdes is a General Law City and has operated under the Council-
Manager form of government since its incorporation in 1973. Policy-making and legislative authority
are vested in the governing City Council, which consists of five Council Members, including the Mayor
and Mayor Pro-Tem. The City Council is elected on a non-partisan, at-large basis. Council Members
are elected to four-year staggered terms with two or three Council Members elected every two years.
The Council designates the Mayor and Mayor Pro-Tem for a one-year term. The City Manager is
responsible for carrying out the policies and ordinances of the governing council, for overseeing the
day-to-day operations of the government, and for appointing the heads of the government's
departments. The City is fiscally sound and functions on an annual budget cycle.
City of Rancho Palos Verdes 0 0
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 3 of 16
Labor Force: The City of Rancho Palos Verdes has 62 authorized full time positions for FY 14-15, and
its departments include an Administration Department, Finance Department, Community Development
Department, Public Works Department and a Park and Recreation Department. Presently there is one
bargaining unit that incorporates all employees minus the management staff.
3. SITUATION
The City began its research regarding the implementation of a confidential and anonymous city-wide
Fraud, Waste, and Abuse Hotline in the fall of 2013, including the best practices associated with the
development, implementation, and coordination of an internal and external Hotline. The City Council
authorized the Deputy City Manager to execute a Master Services Agreement with The Network, Inc.
on February 17, 2015.
The intent of this Request for Proposals (RFP) is to solicit service proposals from qualified firms to
provide professional services to the City pursuant to a Professional Services Agreement for the review,
analysis, and recommendations necessary in the investigation and processing of certain received Hotline
reports. Specific to this RFP, the proposer will be responsible for the validation or invalidation of reports
submitted by employees, residents, and non-resident concerned persons, which fall beyond the capacity
of Staff to investigate, with regard to allegations of fraud, waste, abuse, and other wrongdoing in
connection with the City of Rancho Palos Verdes government.
The contract to be awarded will be for an initial period of one (1) year, with up to three (3) additional,
one (1) year options to renew at the sole discretion of the City. Therefore, proposals should reflect
the maximum four (4) year term of the contract.
4. SCOPE OF SERVICES REQUIRED
All proposals must be made on the basis of, and either meet or exceed, the requirements
contained herein. The City of Rancho Palos Verdes is seeking the services of a highly qualified
personnel and legal support firm with extensive experience with California municipalities to assist
with performing investigative services and/or case management services in connection with reports
submitted via the Hotline. The successful proposer will demonstrate:
Advanced knowledge of the laws and practices related to personnel and labor
relations, personnel investigation services, disciplinary standards, and legal
services relating to a municipal governmental setting. These should include
specifically articulated knowledge of the policies, practices, and laws governing
each of the aforementioned service areas. The successful proposer will be
expected to comply with City Council direction in accordance with City Council
Policy No. 50, "The Case Manager shall be sufficiently trained to evaluate the
validity and urgency of the Report and may review any Hotline Report with the
City Attorney and City Manager, as appropriate, to determine if further
investigation is warranted. Depending on the subject matter of the Hotline
report, the Case Manager could be a City employee or an independent third-
party."
The definition for Investigator in the Hotline Policy includes the following:
n
City of Rancho Palos Verdes • 0
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 4 of 16
"There might be times when the complexity and risk associated with some
Hotline Reports could require additional resources or Experts currently not
available within the City who may be utilized to assist in the investigation,
oversee the investigation, or to conduct an independent review. These third-
party Experts may include, but are not limited to: the Case Manager, an
independent CPA, an independent auditor, specialized labor counsel, a
Certified Fraud Examiner, or an independent legal expert."
This RFP enables the City to review the qualifications of interested legal firms
and recommend a firm or firms to be retained as the Personnel Expert that
would serve in the capacity of Case Manager or Investigator based upon the
Incident category reported, as well the facts and circumstances contained in
the Hotline Report (e.g. reports involving abuse by elected officials would
invariably involve the legal services firm functioning as both the Case Manager
and the Investigator). Incident Reports of a personnel-nature involving
employees or elected officials may be directed to the Personnel Expert in the
role of Case Manager to ensure unbiased case processing.
As an example of the Personnel Expert serving as an Investigator: the retained
Counsel is contacted by the Case Manager (the HR Manager), who
communicates that based upon a review of the Hotline Report asserting the
abuse by an employee, a City Council Member, the City Attorney's Office or
by outside legal counsel, the HR Manager believes the alleged abuse warrants
an independent investigation by the Personnel Expert.
5. QUALIFICATIONS AND CRITERIA
Qualifications: The City of Rancho Palos Verdes will select one or more law firms for all the outlined
Scope of Services on the basis of qualifications, experience and cost. The following are the minimum
qualifications to be used to evaluate the responses to this Request for Proposals:
1. Proposer must demonstrate possession of the resources and capability to provide the materials
and services as described herein. All Proposers must submit the documentation indicated
below with their proposal. Failure to provide any of the required documentation shall be cause
for proposal to be deemed non-responsive and rejected.
2. Proposers must have a minimum of five (5) years of verifiable experience providing legal
services to municipal agencies.
3. The proposer has a demonstrated track record of success in handling all aspects of personnel
investigations for public entities in the State of California.
4. Each Proposer shall provide five (5) references, preferably from governmental agencies, for
relevant work performed in the past five (5) years. When possible, include references from cities
with size and characteristics comparable to the City of Rancho Palos Verdes.
5. The proposer must be directly responsible for the management of the account, and all personnel
responsible for the account must be employees of the firm.
City of Rancho Palos Verdes •
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 5 of 16
6. The proposer must not have a conflict of interest with the CITY, including, but not limited to, any
member of the City Council, City staff, any of its independent contractors or its independent legal
vendors (Richards, Watson, & Gershon; Liebert, Cassidy, Whitmore) currently serving the CITY.
Selection Criteria: The City of Rancho Palos Verdes will conduct a comprehensive, fair, and impartial
evaluation of the proposals received in response to the Request for Proposals. All proposals received
from vendors will be reviewed and evaluated by a committee established by the City. The names,
information, or experience of the individual members will not be made available to any vendor. The
Evaluation Committee will first screen all proposals submitted, according to the minimum qualifications
set forth above. The following criteria will be used in reviewing and comparing the proposals and in
determining the most responsive bid:
1. Qualifications, background and prior experience of the firm, experience of key staff assigned to
oversee services provided to the City of Rancho Palos Verdes, evaluation of size and scope of
similar work performed and success on those projects.
2. Cost and Fees to the City of Rancho Palos Verdes for handling matters. Cost is not the sole
determining factor but will be taken into consideration. Proposers must offer services at a rate
comparable to the rates provided to other governmental agencies for similar work. Offering a
higher rate to the City of Rancho Palos Verdes than the comparable rate offered to other
organizations with comparable specifications is grounds for disqualification of the Proposer. If
rates differ for different types or levels of service, the Proposer's proposal should illustrate those
differences.
3. References including past performance of proposer.
4. Responsiveness to the Request for Proposals and quality of the proposal.
6. FORMAT AND DELIVERY OF RESPONSES
Respondents are asked to submit six (6) copies of proposals in sufficient detail to allow for a thorough
evaluation and comparative analysis. The proposals should include at minimum, the following
information in a sectionalized format addressing all phases of work in the Request for Proposals.
Format: Limit quotations to 20 typed 8.5" X 11" pages, or fewer, on white bond paper, single sided
(excluding cover letter and attachments). You may attach a firm brochure if you wish, but it must be as
a separate attachment and independent from the required elements noted above.
1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all
borders.
2. Organize your proposal in the order described above.
3. Provide one (1) unbound original, in addition to the six, of your firm's response and one (1)
electronic version.
4. Prominently label the envelope/package: "RFP for Fraud, Waste, and Abuse Hotline Third-Party
Investigative Providers (Personnel)" and include the name of the prime respondent (Sean M.
Robinson).
City of Rancho Palos Verdes •
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 6 of 16
Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid
for a period not less that ninety (90) days from the date of submittal. If the proposal contemplates the
use of sub-contractors, the sub-contractors shall be identified in the cover letter. If the proposal is
submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually
bind the business entity. With respect to the business entity, the cover letter shall also include: the
identification of the business entity, including the name, address and telephone number of the business
entity; and the name, title, address and telephone number of a contact person during the proposal
evaluation period.
Introduction: Present an introduction of the proposal and your understanding of the assignment and
significant steps, methods and procedures to be employed by the proposer to ensure quality
deliverables that can be delivered within the required time frames (the City's expectation is that initial
validation of reports will occur within ten business days, with further, more in-depth investigations being
resolved as expeditiously as possible) and your identified budget.
General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions
it.
Work Plan: Present concepts for conducting the work plan and interrelationship of all products. Define
the scope of each task including the depth and scope of analysis or research proposed.
Schedule: Recommend a schedule of work indicating specific milestones in terms of report analysis,
estimated investigation timelines, and provided recommendations.
Fee and Costs: Although an important aspect of consideration, the financial cost estimate will not be
the sole justification for consideration. Negotiations may or may not be conducted with the proposer;
therefore, the proposal submitted should contain the proposer's most favorable terms and conditions,
since selection and award may be made without discussion with any firm. All prices should reflect "not
to exceed" amounts based upon "on-call" hourly investigatory rates. The City's expectation is that
services will be provided upon request, once a Professional Services Agreement has been executed.
Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her
qualifications, including name(s), title(s), detailed professional resume(s), and past experience in similar
work efforts/products of key personnel who will be working on the assignment. Provide a list of specific
related work projects that have been completed by the proposer which are directly related to the
assignment described in the Request for Proposals. Note the specific individuals who completed such
project(s). Identify the role and responsibility of each member of the project team. Include the amount
of time key personnel will be involved in the respective portions of the assignment. Respondents are
encouraged to supply relevant examples of their professional product. Provide a list of references.
Delivery: Responses are due on or before 5:00 p.m. on Thursday, April 22, 2015. Late responses will
not be accepted. Deliver the responses to:
City of Rancho Palos Verdes
Attention: Sean M. Robinson, Human Resources Manager
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
a
City of Rancho Palos Verdes IIII IP
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 7 of 16
If you have any questions regarding this Request for Proposals, please contact Sean M. Robinson by
telephone at (310) 544-5331 or via email at Srobinson@rpvca.gov.
Withdrawal and Resubmittal: Prior to the submittal deadline, a proposer may request withdrawal of
a previously submitted proposal in order to amend and resubmit a proposal. Resubmitted proposals
must be received prior to the stated RFP deadline.
7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City of Rancho Palos Verdes may make changes,
amendments, and addenda to this solicitation, including changing the date due to allow respondents
time to address such changes. Addenda, changes and amendments, if made will be posted on the
City's website (www.rpvca.gov), which is deemed adequate notice. A proposer may make a request to
the City's project manager to be placed on a list of persons to receive notice of any such addenda,
changes, or amendments. The preferred manner of communication is via e-mail due to its timeliness.
The Human Resources Manager, Mr. Sean M. Robinson, may be reached by email
at Srobinson@rpvca.gov.
8. CONDITION FOR RESPONSES TO REQUEST FOR PROPOSAL
The following conditions apply to the Request for Proposals process:
A. Nothing contained in this Request for Proposals shall create any contractual relationship
between the respondent and the City of Rancho Palos Verdes.
B. This Request for Proposals does not obligate the City of Rancho Palos Verdes to establish a list
of service providers qualified as prime contractors, or award a contract to any respondent. The
City of Rancho Palos Verdes reserves the right to amend or cancel the Request for Proposals
without prior notice, at any time, at its sole discretion.
C. The City of Rancho Palos Verdes shall not be liable for any expenses incurred by any individual
or organization in connection with the Request for Proposals.
D. No conversations or agreements with any officer, agent or employee of the City of Rancho Palos
Verdes shall affect or modify any terms of this Request for Proposals. Oral communications or
any written/e-mail materials provided by any person other than the designated contact staff of
the City of Rancho Palos Verdes shall not be considered binding.
E. The City of Rancho Palos Verdes reserves the right, in its sole discretion, to accept or reject any
or all proposals without prior notice and to waive any minor irregularities of defects in a proposal.
The City of Rancho Palos Verdes reserves the right to seek clarification on a proposal with any
source.
F. The dates, times and sequence of events related to this Request for Proposals shall ultimately
be determined by the City of Rancho Palos Verdes. The schedule is subject to change, at the
sole discretion of the City of Rancho Palos Verdes, although the City will attempt to follow it and,
if it must be altered, will attempt to provide reasonable notice of the changes.
a
City of Rancho Palos Verdes 0 0 ,
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 8 of 16
G. Respondents shall not issue any news release pertaining to this Request for Proposals or the
City of Rancho Palos Verdes without prior written approval of the City.
H. All submitted proposals and information included herein or attached thereto, shall become public
record upon delivery to the City of Rancho Palos Verdes.
9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City of Rancho Palos Verdes, at its sole discretion and for any reason whatsoever, may withdraw
this solicitation at any time.
10.STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, the City and the proposer shall enter into a written contract
(an example of which is attached hereto) for services. Proposers responding to this Request for
Proposals are strongly encouraged to review all the terms and conditions of the Contract.
•
City of Rancho Palos Verdes 0 0
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 9 of 16
ATTACHMENT 1
MINIMUM QUALIFICATIONS CERTIFICATION
Proposer Firm Name
The Proposer must substantiate that the firm satisfies all of the Minimum Qualifications stated
within this RFP, to the CITY's satisfaction, to be given further consideration. The statement
must contain sufficient information as prescribed to assure the CITY of its accuracy. Failure
to satisfy each of the Minimum Qualifications, based on the CITY's sole judgment, will result in
the immediate rejection of the Proposal.
The Proposer must complete all of the Minimum Qualification statements listed below before
signing. The signature of the authorized representative of the Proposer warrants that the
Proposer has met all of the Minimum Qualifications.
1) The Proposer has been in the legal services industry in the same name or organization
serving California governmental agencies for at least five (5) years.
U Yes / U No
2) The Proposer has direct responsibility for the management of the City's account, and all
personnel responsible for the account are employees of the firm.
U Yes / U No
3) The Proposer does not have, nor potentially has, a conflict of interest with the CITY,
including, but not limited to, any member of the City Council, City Staff, its advisors and
contractors, its auditors, other consultants currently serving the CITY.
U Yes / U No
4) The Proposer can provide verifiable references of local California government agencies.
U Yes / U No
Authorized Signature
Print or Type Name
Title
Date
City of Rancho Palos Verdes • .
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 10 of 16
ATTACHMENT 2
COMPANY QUESTIONNAIRE
Proposer Firm Name
Proposer's Legal Name
Type of Business (Corporation, Partnerships, Individual, etc.)
Headquarters Address
Address of Office of Proposer That Would Manage the Account (if different)
Proposer Contact Name
Telephone Number Fax Number Email Address
Proposer Back-up Contact Name
Telephone Number Fax Number Email Address
Signer (authorized to bind the Proposer) Date
Name and Title of Authorized Signer (Please type or print)
Signer (authorized to bind the Proposer) Date
Name and Title of Authorized Signer (Please print)
•
City of Rancho Palos Verdes e •
,.
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 11 of 16
ATTACHMENT 3
WARRANTIES
Proposer Firm Name
Proposer agrees to the incorporation of the following warranties in the proposed engagement:
Proposer warrants that it maintains or will obtain, at its expense prior to
engagement, required insurance policy as stated herein for negligent acts or
omissions and that such coverage is applicable.
Proposer warrants all information and statements in this RFP are complete
and true. Any statement or claim found to be incomplete, misleading, or false
will be grounds for immediate disqualification or dismissal and may be subject
to legal action.
Proposer warrants this proposal is genuine, and not sham or collusive, nor made
in the interest or on behalf of any person not named therein; the proposer has
not directly or indirectly induced or solicited any other proposer to put in a sham
bid, or any other person, firm or corporation to refrain from submitting a proposal,
and the Proposer has not in any manner sought by collusion to secure for
themselves an advantage over any other proposer.
Authorized Signature
Print or Type Name
Title Date
City of Rancho Palos Verdes '
Request for Proposals •
Fraud,Waste,&Abuse Hotline—Thir rty Investigative Providers(Personnel)
Page 12 of 16
ATTACHMENT 4
FEE PROPOSAL
Proposer Firm Name
Subject to advance approval by the CITY, the CITY shall reimburse the
selected Consultant for reasonable travel costs incurred, including airfare,
transportation, lodging and meals in conjunction with attending local
meetings in the performance of the engagement. Consultant shall furnish
the CITY with evidence of such costs incurred along with written request
for reimbursement. The selected Consultant shall be solely responsible for
incidental costs, including but not limited to, printing, clerical support in
delivery of services and the production of written reports.
Each Proposer shall provide its Fee Proposal based upon providing on-
call,
n-
call, as-needed services upon requested, detailed by billable hours.
City of Rancho Palos Verdes
Request for Proposals •
Fraud,Waste,&Abuse Hotline—Thi - arty Investigative Providers(Personnel)
Page 13 of 16
ATTACHMENT 5
QUESTIONNAIRE
Organization
Provide the address of the office that will service this account.
Give a brief history of your firm's involvement in the legal services industry serving
California municipalities, including the year of organization. As of March 1, 2015,
for how many years has your firm provided services serving California
municipalities?
What are your firm's specialties and strengths?
What differentiates your firm from your competitors?
Does your primary consultant (ex. project manager) assigned to the CITY have
any prior hotline experience with local California governmental agencies, and has
that person been employed by Proposer for at least one (1) year?
1:1 Yes / 1:1 No
Clients
Please provide a listing of clients that may be used as reference checks:
Name of Client Contact Name Contact Number Contact Email
City of Rancho Palos Verdes '
Request for Proposals 410
Fraud,Waste,&Abuse Hotline—Thir - arty Investigative Providers(Personnel) `
Page 14 of 16
Standards of Conduct
Disclose any relationship you have or have had with any City Council members,
consultants, or CITY employees. Briefly describe your philosophy relating to the
selected Consultant's relationship with Council members and Staff.
Disclose any gifts (meals, tickets, anything of value over $50, etc.) that you have
given to or received from any City Council member, consultants, or CITY
employee in the last 12 months. If 'Yes', please disclose them using "Gift
Disclosure Form."
For the past 10 years, has the firm, its officers or principals or any affiliate ever:
a. Been the focus of a non-routine inquiry or investigation or a similar inquiry
or investigation from any federal, state or self-regulatory body or organization;
b. Settled any litigation concerning breach of fiduciary responsibility or
other investment related matters; or
c. Submitted a claim to your error & omission, fiduciary liability and/or fidelity
bond insurance carrier(s)?
If'yes', please provide details and the current status of proceedings.
•
. • •
City of Rancho Palos Verdes
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 15 of 16
ATTACHMENT 6
Gift Disclosure Form
Proposer Firm Name
No. Date Given to / Description of Gifts 1 Value (US$)
(mm/dd/yy) Received from
1 Gifts could be in the form of meals, tickets, paid travel, items of value over$50, etc.
•
• • ,
City of Rancho Palos Verdes
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 16 of 16
ATTACHMENT 7
Disclosure Form —
Communication with City Staff, and/or City Council
Proposer Firm Name
Names, Dates and Description Of Information Provided/Received
No. And/Or Nature Of Communication
EXHIBIT "B"
Page 11 of 11
HOTLINE—TPA-PESONNEL Agreement for Professional/Technical Services
CITY OF RANCHO PALOS VERDES
RFP FOR FRAUD,WASTE, &ABUSE HOTLINE
THIRD-PARTY INVESTIGATIVE PROVIDERS(PERSONNEL)
meyers nave
A Commitment to Public Law
CAMILLE HAMILTON PATING,CHAIR
WORKPLACE INVESTIGATIONS PRACTICE
cpating@meyersnave.com
800.464.3559
www.meyersnave.com
APRIL 22,2015
555 12TH ST.,SUITE 1500 633 W.5TH ST.,SUITE 1700 555 CAPITOL MALL,SUITE 1200
OAKLAND,CALIFORNIA 94607 LOS ANGELES,CALIFORNIA 90071 SACRAMENTO,CALIFORNIA 95814
575 MARKET ST.,SUITE 2080 402 WEST BROADWAY,SUITE 400 555 FIFTH STREET,SUITE 320,
SAN FRANCISCO,CALIFORNIA 94105 SAN DIEGO,CALIFORNIA 92101 SANTA ROSA,CALIFORNIA 95401
633 W.5th Street,Suite 1700 Arthur A.Hartinger
Los Angeles,California 90071 Attorney at Law
tel(213)626-2906 ahartinger@meyersnave.com
fax(213)626-0215
www.meyersnave.com
meyers nave
111 A Commitment to Public Law
April 22, 2015
Sean M. Robinson
Human Resources Manager
City of Rancho Palos Verdes
Re: RFP for Fraud,Waste, and Abuse Hotline Third-Party Investigative Providers
(Personnel)
Dear Mr. Robinson,
Meyers Nave is pleased to submit the enclosed proposal to provide administrative investigations
consultant legal services to the City of Rancho Palos Verdes.
Per the RFP request, our proposal is valid for a period of not less than 90 days from the date of
submittal. Meyers Nave does not propose subcontractors. As a principal of the firm, I am
authorized to contractually bind the business entity.
We are proposing that the leader of our firm's Workplace Investigations Practice, Camille
Hamilton Pating, serve as the lead of our investigations team for Rancho Palos Verdes. Her
contact information is as follows:
Camille Hamilton Pating
Meyers Nave
633 W. 5th St., Suite 1700
Los Angeles, California 90071-2073
213.626.2906; cpating@meyersnave.com
Our team looks forward to the opportunity to meet with you and your staff to discuss how our firm
can bring added value and service to the City of Rancho Palos Verdes.
Very truly yours,
Arthur A. Hartinger
Chair, Labor and Employment Group
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA SAN DIEGO
' City of Rancho Palos Verdes
Proposal for Investigative Services
Table of Contents
PAGE
INTRODUCTION 1
QUALIFICATIONS: HIGHLIGHTS OF MEYERS NAVE'S EXPERIENCE AND REPUTATION ...1-2
QUALIFICATIONS: CAMILLE HAMILTON PATING — LEAD ATTORNEY 2-3
QUALIFICATIONS: CAMILLE HAMILTON PATING — REPRESENTATIVE EXPERIENCE 4-5
QUALIFICATIONS: INVESTIGATIONS TEAM 5-6
CLIENT REFERENCES 6
WORK PLAN FOR INVESTIGATIONS 7
CONFLICTS CLEARANCE 7
COST AND FEES 8
' CONCLUSION 8
BIOS FOR INVESTIGATIONS ATTORNEY TEAM MEMBERS 9-14
ATTACHMENTS 1-7
Meyers Nave Riback Silver&Wilson April 22, 2015
II
City of Rancho Palos Verdes
Proposal for Investigative Services 1
Propo g
Introduction
We understand that the City of Rancho Palos Verdes is seeking the services of a highly qualified
law firm with extensive experience assisting California municipalities with investigative services in
connection with reports submitted through fraud, waste and abuse hotlines. Meyers Nave is
uniquely qualified to serve the City of Rancho Palos Verdes in this area and we look forward to
the opportunity to participate in the implementation of the City's new Anonymous, Fraud, Waste
& Abuse Hotline.
Qualifications: Highlights of Meyers Nave's Experience and Reputation
• We are dedicated to serving municipalities.
Meyers Nave was founded in 1986 for the purpose of serving public agencies. Almost 30 years
later, our core client base throughout California continues to be nearly every type of public
entity and encompasses all general and specialty areas of Public Law. Our public service
character is further demonstrated by the fact that many of our attorneys join the firm after
serving in legal, managerial and/or administrative capacities at governmental organizations.
• We know how to work with municipalities.
Meyers Nave attorneys currently serve as City Attorney, Deputy City Attorney, General
Counsel or Special Counsel to more than 100 municipalities, special districts and joint powers
authorities across the state. We know the special laws and practical day-to-day operational
considerations faced by public entities, and we have first-hand knowledge of how to form
effective and efficient working relationships at all levels of a public organization. Meyers Nave
Public Law attorneys are named in the Daily Journal's annual list of"Top Municipal Lawyers."
• We specialize in workplace investigations.
Unlike other law firms, Meyers Nave has a dedicated Workplace Investigations Practice that is
focused on investigative and case management services. The highly regarded and experienced
team is based in Oakland and serves clients throughout the state from our firm's six California
offices, including, for example, current client Los Angeles Care Health Plan, the largest public
health care plan in the United States.
• We provide a lead attorney with uniquely related in-house public entity experience.
Camille Hamilton Pating, the leader of our Workplace Investigations Practice, served as a
Deputy City Attorney at the San Francisco City Attorney's office, where she specialized in
employment law and litigation, as well as the President of the San Francisco Ethics
Commission, where she handled whistleblower investigations and enforced conflict of
interest laws, lobbyist regulations and campaign finance reform.
Meyers Nave Riback Silver&Wilson ( April 22, 2015 II
City of Rancho Palos Verdes
i
Proposal for Investigative Services 2
Qualifications: Highlights of Meyers Nave's Experience and Reputation -continued
• We are the go-to firm for the highest-profile investigations.
Our statewide reputation for handling the most sensitive, controversial and scrutinized
workplace investigations is demonstrated by our work on two of the most internationally
well-known public entity related investigations in California's recent history.
o We conducted internal, independent and urgent investigations relating to the
City of Bell scandal, often referred to as the most extreme example of political,
electoral, financial and governance malfeasance and corruption in California.
o We conducted internal, independent and urgent investigations relating to the
shooting death of Oscar Grant by a Bay Area Rapid Transit (BART) police officer,
the basis of the film Fruitvale Station, including preparing a publicly available report.
Qualifications: Camille Hamilton Pating— Lead Attorney for the City of Rancho Palos Verdes
Meyers Nave's statewide Workplace Investigations Practice is led by
Camille Hamilton Pating, the attorney who will lead, manage and guide
Ica team of Meyers Nave attorneys and paralegals dedicated to serving
the City. She will be the primary contact for the City for all aspects of
performance of the scope of work covered in the RFP.
Camille will serve as the primary investigator of all matters that must be
Niitb investigated as envisioned in the legal services described in the RFP. She
will also establish and administer the protocols, procedures, methods
and milestones that the Meyers Nave team will utilize to assure quality
Camille Hamilton Pating work product that is delivered within the City's expected time frame.
Camille has thorough experience with best practices associated with internal and external
complaint hotlines. She has provided public entity clients with professional services relating to
the review, analysis, validation or invalidation, and recommendations required for processing and
investigating hotline reports from employees, residents, and non-resident concerned persons
regarding a wide range of alleged wrongdoing.
Camille has direct experience in situations similar to those described in the RFP regarding
evaluating the validity and urgency of reports, reviewing reports with the City Attorney and/or
City Manager as appropriate, and collectively determining if further investigation is necessary.
Meyers Nave Riback Silver&Wilson April 22,2015 II
I
City of Rancho Palos Verdes
Proposal for Investigative Services 3
p g
I
Qualifications: Camille Hamilton Pating— Lead Attorney for the City -continued
I
Camille also provides case management and/or investigative services to public entities that, like
the City of Rancho Palos Verdes, obtain City Attorney services and legal counsel regarding
Ipersonnel matters through professional services contracts with other law firms.
-` Camille has conducted over 70 workplace investigations
including the full spectrum from high-profile allegations
involving senior personnel to routine Equal Employment
i ' ' -•
Opportunity matters. She conducts investigations that
. - adhere to ethical standards and best practices as well as
minimize the potentially damaging effects of unresolved
workplace allegations.
Camille is particularly adept in addressing the reputational considerations that often impact
I public entities involved in highly scrutinized and publicized investigations, especially
circumstances in which the public entity itself is a victim of alleged wrongdoing and could
suffer a crisis of confidence among its residents.
IBy performing professional, independent and timely investigations, she has helped her clients
resolve serious workplace misconduct allegations. Given that Camille also represents agencies in
I arbitrations and litigation, she knows how to conduct investigations and draft reports that will
stand up if later challenged in a discipline appeal or in court.
I Camille's experience covers a comprehensive range of investigations of alleged wrongdoings, such as:
• Hostile work environment • Bullying and abusive conduct
(harassment) • Alcohol and substance abuse
• Sexual harassment • Falsification of financial records
• Race,gender,disability and • Education code violations
age discrimination • Good governance issues
II • Retaliation • Policy violations
• Fraud and dishonesty • Internal affairs/police
• Conflict of interest misconduct/POBAR
Camille has particular expertise investigating reports and conduct of government personnel. Over
the past 10 years, the majority of her workplace investigations experience has involved elected
Iand appointed officials, public safety officers and supervisors, public higher education faculty and
IIIMeyers Nave Riback Silver&Wilson 1 April 22,2015 III
City of Rancho Palos Verdes
Proposal Investigative for Investi ative Services 4
administrators, and city and county government personnel. She has recently handled high-profile
and highly sensitive investigations involving city managers, city attorneys, police chiefs, human
resources directors, procurement and finance officers.
Camille also offers practical solutions that promote a healthy workplace, advises on how to best
communicate about the investigation with staff, and both recommends and can provide training
to help prevent the problem from reoccurring and improve the overall work environment.
Qualifications: Camille Hamilton Pating— Representative Experience
The following examples of Camille's investigations experience illustrate her advanced knowledge
of the laws, regulations and best practices regarding labor and employee relations, personnel
investigative services, disciplinary standards, and general legal services relating to a municipal
government client and operating environment. As specified in the RFP, Camille has a demon-
strated track record of success in handling all aspects of personnel investigations for public
entities in the State of California.
City of Bell and BART Shooting: Internationally Publicized Investigations
Camille conducted investigations in both the City of Bell and BART office-involved shooting
matters described on page 3. In connection with the City of Bell scandal, Camille conducted
internal investigations of numerous allegations that City of Bell police officers engaged in
unlawful political campaigns, as well as other ethical misconduct claims. She also was a member
of the investigative team that conducted an internal affairs investigation of the officer-involved
New Year's Day shooting death of Oscar Grant at a BART station in the San Francisco Bay Area.
Public Health Care Plan: Investigation of Anonymous Hotline Complaints
Camille conducted extensive investigations into anonymous complaints alleging that a high-level
manager verbally abused subordinates, violated code of conduct policies, and threatened and
harassed subordinates. Camille also drafted a workplace bullying policy for the agency, conducted
a policy review for all investigative policies covering Human Resources and Compliance officers,
and provided investigative training for HR employees and Compliance officers.
California County: Allegations of Workplace Bullying and Policy Violation
Camille conducted a high-profile investigation on behalf of a large county in California, involving a
high-level executive who accused a county manager of discrimination, harassment and workplace
bullying. She also completed a personnel investigation of claims involving a county manager for
violations of the county's policy, rules and procedures.
Meyers Nave Riback Silver&Wilson April 22,2015 II
City of Rancho Palos Verdes
Proposal Investigative for Investi ative Services 5
Qualifications: Camille Hamilton Pating– Representative Experience -continued
City College of San Francisco: Multiple Investigations of Alleged Misconduct
Camille's multiple investigations for CCSF included charges that a college faculty member
falsified academic records and committed other misconduct—an investigation that included
forensic document (handwriting) analysis. She also investigated allegations that a Director of
Payroll intentionally misappropriated funds to himself and that a Department Chair mistreated a
faculty member by engaging in workplace bullying through contract violations regarding teaching
assignments and other conditions of employment. She is currently investigating allegations
regarding workplace violence by an instructor toward a student.
Central California Police Department: Claims Against Top Police Management
Camille conducted a high-profile investigation into claims of discrimination and harassment
based on race, gender, age, disability and sexual harassment involving a police chief and
top-level managers. The investigation involved numerous claims and complex legal issues and
was completed in less than 90 days. She then performed a follow-up investigation of a deputy city
attorney accused by one of the complainants of making racial slurs and "mimicking" African-
American community members.
Police Department: Gender Discrimination Claims Related to Complex Litigation
Camille conducted an investigation of claims of gender discrimination, sexual harassment and
retaliation brought by women officers against a police department embroiled in a related
complex litigation.
California City: Ethical Violations Claims Against Executive Staff
Camille conducted an investigation of a City Manager, Police Chief, City Attorney and Human
Resources Director of a California city for ethical violations based on forming a business together
without advising the City Council.
Additional representative matters are included in Camille's full bio on pages 9-13.
Qualifications: Investigations Team
Camille Hamilton Pating leads Meyers Nave's statewide Workplace Investigations Practice,
specializing in investigations involving high-profile government officials and employees, as well as
conducting the highest quality human resources investigations.
Meyers Nave Riback Silver&Wilson April 22,2015 II
City of Rancho Palos Verdes
Proposal for Investigative Services 6
Qualifications: Investigations Team—continued
In addition to nearly three decades of experience in employment law, Camille has worked for
more than 10 years as an independent attorney investigator for public entity employers.
Assisting Camille in the investigations and other scope of work outlined in the Request for
Proposal will be associate Jasleen Ahuja . As specified in the RFP, both are employees of Meyers
Nave and Camille with be directly responsible for the management of the account.
Complete bios of these attorneys are provided on pages 9-14.
Client References
Please contact the following clients for information about our ability to deliver the highest quality
work, our proven experience with workplace investigations, and our leadership in public sector
labor and employment law.
Los Angeles Care Health Plan County of Marin
Ellin Daytyan, Associate Counsel Renee Brewer, Assistant County Counsel
Legal Services Department 3501 Civic Center Dr.
1055 West 7th Street, 10th Floor San Rafael, CA 94903
Los Angeles, CA 90017 Telephone: 415.473.6117
Telephone: 213.694.1250 x4750 Email: rbrewer@co.marin.ca.us
Email: edaytyan@lacare.org
City of Richmond
City College of San Francisco Chris Magnus, Chief of Police
Clara Starr, Dean of Human Resources 450 Civic Center Plaza
50 Phelan Avenue Richmond, CA 94804
San Francisco, California 94112 Telephone: 510.620.5439
Telephone: 415.241.2249 Email: cmagnus@ci.richmond.ca.us
Email: cstarr@ccsf.edu
City of Berkeley
Sarah Reynoso, Chief Assistant City Attorney
2180 Milvia Street, 4th Floor
Berkeley, CA 94704
Telephone: 510.981.6984
Email: sreynoso@ci.berkeley.ca.us
Meyers Nave Riback Silver&Wilson April 22,2015 II
City of Rancho Palos Verdes
Proposal for Investigative Services
7
Work Plan for Investigations
As your lead attorney, Camille will work with the City staff to ensure a very clear, mutual
understanding of work product expectations and deadlines. She will be actively engaged and
hands-on with all City matters pertaining to this RFP — even as day-to-day activities on a matter
may be handled by an associate or a paralegal when appropriate and cost-efficient to do so. This
teamwork arrangement enables Camille to provide the oversight and continuity that ensure
quality service while keeping costs reasonable for the City. She will carefully monitor progress and
deadlines, and communicate regularly with City staff if there are any unforeseen circumstances.
She will make sure that our responses are prompt, confident and accurate.
In investigations, we will work with the key staff to obtain relevant background information,
determine and schedule relevant witnesses, and obtain documents. On occasion there may be an
email search or computer hard drive search that must be done. Sometimes clients prefer for their
IT staff to perform such functions. Our IT staff is trained and fully qualified to extract this
information as needed in investigations.
It is common for us to investigate multiple matters concurrently on behalf of clients, or for clients
to request a follow-up investigation on a related matter while the original investigation is
pending. Because we have numerous highly qualified attorney investigators to serve our clients,
we are able to provide the same timely and cost-efficient service for multiple matters as we
provide for a single investigation.
Conflicts Clearance
We have carefully reviewed our current engagements and have identified no existing conflict of
interest between the City of Rancho Palos Verdes and any current client of Meyers Nave.
Meyers Nave Riback Silver&Wilson April 22, 2015 1111
City of Rancho Palos Verdes
Proposal for Investigative Services
8
Cost and Fees
The City of Rancho Palos Verdes has made an impressive commitment to civic accountability by
establishing its Fraud, Waste &Abuse Hotline. The anonymous reporting opportunity will likely
help the City gain confidence in the integrity of its systems and increase engagement of its
employees, as well as improve ongoing relations with local residents.
The number of reports received through the new hotline is unpredictable and each is likely to
vary significantly in seriousness and complexity. Therefore, it is similarly difficult to predict the
exact amount of time required to both evaluate potential reports and/or conduct related
investigations. However, if selected for an interview, we would greatly appreciate the opportunity
to discuss hypothetical or actual hotline reports and/or facts of investigations in order to provide
our estimates of time, costs and fees.
In addition, we strongly recommend that the City contact the client references on page 6 and ask
about the fairness of our fees, the timeliness of our deliverables and the efficiency of our work.
We are absolutely confident in the ultimate cost-effectiveness of our services.
The hourly rates below reflect Meyers Nave's rates for other governmental agencies for work
similar to that described in the RFP. We understand the RFP specifies an "on-call, services-as-
needed" Professional Services Agreement and, therefore, our proposed rates must reflect "on-
call" hourly investigatory rates.
Team Member Hourly Rates for
Investigation Services
Of Counsel and Chair of the Workplace Investigations
Practice (Camille Hamilton Pating) $335
Associate (Jasleen Ahuja) $285
Paralegal $180
Conclusion
Our team would be thrilled to work with the City of Rancho Palos Verdes. We look forward to
your review of our proposal and consideration of our firm, and would greatly appreciate the
opportunity to meet with you to further explore the potential of providing legal services
regarding the City's new Fraud, Waste &Abuse Hotline.
Meyers Nave Riback Silver&Wilson April 22,2015 111
I
I
meyers nave CAMILLE HAMILTON PATING
Camille Hamilton Paling leads the Workplace Investigations
I Team, specializing in sensitive and high profile investigations
involving government officials and employees,non-profit
and private sector employers. She also provides litigation
4, ,
services and employment law advice to public entity
Iemployers. She advises and defends clients in trial,
}. arbitrations and disciplinary appeals. Camille was a member
of the trial team which successfully defended the City of
4411
Richmond against charges of discrimination,harassment and
IF retaliation, winning a unanimous jury defense verdict that
was chosen as a verdict of the year by the Daily Journal.
ICamille conducts objective and timely investigations. She has
Camille Hamilton Paling exceptional experience in complex, serious misconduct cases
Of Counsel
I and internal affairs investigations. In 2014, she investigated
555 12th Street,Suite 1500 allegations of racial bullying against African American
Oakland,CA 94607 students at a major California university, claims of racial and
I T:510.808.2000 gender-based harassment by the CEO of a nationally
F:510.444.1108 recognized non-profit, complaints of ethics violations
cpating@meyersnave.com against a Northern California elected official, claims of
Practice Group
"white privilege" discrimination,unconscious bias and
La bor and Employment allegations of sexual harassment regarding Department
Heads in two large Northern California counties.
California Bar Number
1 122890 In the last five years, Camille conducted major misconduct
Education investigations for some of the largest and smallest public
UCLA Law School,JD,1985 employers in California and the nation. These confidential
I Stanford University,BA Political Science, cases involved elected and appointed officials, high level
1982 managers,public safety officers and employees accused of
workplace bullying,whistleblower retaliation, harassment
I Practicing Since:1986 and discrimination, dishonesty and falsification of official
records, conflict of interest and policy violations. Camille
investigated ethical misconduct claims regarding the City of
I Bell scandal,which received extensive media coverage. She
was a member of the investigative team that conducted an
internal affairs investigation of the officer-involved shooting
Ideath of Oscar Grant in the San Francisco Bay Area.
I
IHamilton Pating ( Page 1 of 4
An engaging and popular trainer, Camille is a frequent presenter on Preventing Workplace
Bullying and Sexual Harassment, Preventing Discrimination and Retaliation, Conducting
Defensible Investigations, Social Media and Ethics for Elected Officials. Camille also trains in
Workplace Diversity and Affinity Group issues. She currently serves as Chair of the Diversity
Committee at Meyers Nave and a member of its Women's Initiative Sub-Committee. She also
supervises the firm's Affinity groups for Attorneys of Color, LGBT Attorneys and Women
Attorneys.
Prior to joining Meyers Nave, Camille served as Senior Trial Counsel at Renne Sloan Holtzman
Sakai LLP in San Francisco. She was a Deputy City Attorney at the San Francisco City
Attorney's office, where she specialized in employment litigation and litigated numerous civil
jury trials, court trials, arbitrations and administrative hearings. She served as the President of
the San Francisco Ethics Commission,where she was responsible for the administration and
enforcement of conflict of interest laws, campaign finance reform,lobbyist regulation and
whistleblower investigations.
Representative Experience
• In 2012, 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 brought by seven high level managers,winning a unanimous jury defense
verdict in a highly publicized trial.
• In 2012,investigated claims of retaliation, discrimination and ethics violations brought against
executives at one of the largest public health plans in the nation.
• In 2012, investigated claims of whistleblower retaliation brought by a high level manager
against executives of a pension trust.
• In 2011, in connection with the City of Bell scandal, conducted internal investigation of
numerous allegations that City of Bell police officers engaged in political campaigns while in
uniform, and other ethical misconduct claims regarding the City of Bell.
• In 2011,investigated allegations of discrimination, harassment and retaliation against the
President of Bay Area Board of Supervisors.
• In 2010, conducted investigation of claims of discrimination and harassment based on race,
gender, age, disability and sexual harassment against the police chief in one of the largest
cities in California.
• In 2010, conducted an investigation of claims of whistleblower retaliation and union
affiliation discrimination involving a county Sheriff's Department.
• In 2009, served as a member of the investigative team that conducted a confidential internal
affairs investigation of the officer-involved shooting death of Oscar Grant in the San
Francisco Bay Area.
Hamilton Pating I Page 2 of 4
• In 2009, conducted an investigation of claims of gender discrimination and retaliation
brought by women officers against a police department embroiled in a related complex
litigation. The investigation facilitated a settlement of the litigation.
• In 2008, conducted a high-profile investigation of retaliation and discrimination based on
race, ethnicity, age and gender involving top-level administrators at a community college
district.
• In 2008, conducted internal investigations regarding disability discrimination on behalf of a
large East Bay public employer.
• In 2008, assisted in the settlement of three judgments totaling$18 million against a public
housing authority,including wrongful death, sexual harassment and sex discrimination. The
settlement protected the client from a court-ordered receivership.
• In 2007-2008, litigated a breach of contract lawsuit against a major commercial bank on
behalf of a deceased bank executive's Estate, which resulted in a multi-million dollar
settlement after trial.
• Investigated and litigated numerous internal discrimination, retaliation and harassment claims
brought by women and minority firefighters on behalf of a major urban fire department,
pursuant to a Federal consent decree.
• Investigated and litigated claims of sexual harassment,gender and race discrimination,and
retaliation on behalf of a transportation agency and its affiliated boards and commissions.
• Conducted high-profile investigations regarding alleged "slumlord" building inspectors in a
large municipality.
Professional Affiliations
• Member,The State Bar of California
111 • Member,The Bar Association of San Francisco
Presentations
• Speaker, "How to Lead Without Breaking the Rules," California Council of School Attorneys
(CCSA), 2014
• Speaker, "Employee Discipline and Investigations," Western Regional IPMA-HR
Conference, 2014
• Speaker, "Workplace Bullying: The Next Harassment Claim?," CALPELRA Annual Training
Conference, 2013
• Speaker, "Social Media Firings: The NLRB's Do's and Don'ts," IMLA Annual Conference,
2013
Hamilton Pating I Page 3 of 4
• Presenter, "Social Media—Creating a Policy You `Like'," Meyers Nave Webinar, 2013
• Speaker, "Facebook `Friend' or Foe—Social Media on and off Campus," CCSA, 2012
• Speaker, "Ethics 101: A Guide for Public Officials," California Public Employers Labor
Relations Association (CALPELRA) Annual Training Conference, 2008
• Speaker, "Lessons Learned from this Year's Big Employment Verdicts," CALPELRA Annual
Training Conference, 2007
• Speaker, "Ethics 101: A Guide for Human Resources Administrators," CALPELRA Annual
Training Conference,2006
• Speaker, "Investigation Techniques," Southern California Public Labor Relations Council,
2006
Hamilton Pating I Page 4 of 4
I
I
meyers navemw
J ,V HUitik
I
Jasleen Ahuja is a member of our Labor and Employment
;4, g Practice Group. Before joining Meyers Nave in 2014,Jasleen'.,:''''''4 ' 'A.
served as a labor relations representative for the City and
-- County of San Francisco,where she gained experience with
I ,,i,,,.-.,- .,„„ ,
- ,,,:, ,
,-,:- - t 7 numerous aspects of labor negotiations. She advised on
agreements and grievances,participated in multijurisdictional
.. meetings to carry through San Francisco's interests in labor
-1 ' N'' -- p'
agreements, and prepared for binding arbitration.Jasleen has
authored contract proposals and grievance responses. She
has firsthand knowledge of state and federal labor laws, Civil
I Jasleen Ahuja Service Commission rules, the Skelly hearing process, and
Associate Memorandum of Understanding (MOU) requirements. In
555 12th Street,Suite 1500 addition, a San Francisco public relations firm sought out
Oakland,CA 94607 her legal expertise for its human resources policy handbook
and employee benefits, among other employment law issues.
T:510.808.2000
F:510.444.1108
Ijahuja@meyersnave.com
Professional Affiliations
Practice Group
Labor and Employment • Member,The State Bar of California
California Bar Number
285419
Honors and Awards
I Education
Southwestern University School of Law,JD, • Recipient,Wildman/Schumacher Scholarship Award,
2012 2010 - 2012
University of California,Los Angeles;BA, • Reci ient, CALI Excellence for the Future Award,
English,Creative Writing,2005 p
Entertainment Law and Web 2.0, Fall 2011
Practicing Since
I 2012 • Recipient, CALI Excellence for the Future Award,
Biederman Blog, Spring 2012
I
I
I
IAhuja I Page 1 of 1
City of Rancho Palos Verdes
Request for Proposals
Fraud,Waste.&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 9 of 16
ATTACHMENT 1
MINIMUM QUALIFICATIONS CERTIFICATION
Proposer Firm Name
The Proposer must substantiate that the firm satisfies all of the Minimum Qualifications stated
within this RFP, to the CITY's satisfaction, to be given further consideration. The statement
must contain sufficient information as prescribed to assure the CITY of its accuracy. Failure
to satisfy each of the Minimum Qualifications, based on the CITY's sole judgment, will result in
the immediate rejection of the Proposal.
The Proposer must complete all of the Minimum Qualification statements listed below before
signing. The signature of the authorized representative of the Proposer warrants that the
Proposer has met all of the Minimum Qualifications.
1) The Proposer has been in the legal services industry in the same name or organization
serving California governmental agencies for at least five (5) years.
❑ Yes / ❑ No
2) The Proposer has direct responsibility for the management of the City's account, and all
personnel responsible for the account are employees of the firm.
Yes / ❑ No
3) The Proposer does not have, nor potentially has, a conflict of interest with the CITY,
including, but not limited to, any member of the City Council, City Staff, its advisors and
contractors, its auditors, other consultants currently serving the CITY.
LI Yes / ❑ No
4) The Proposer can provide verifiable references of local California government agencies.
❑ Yes / ❑ No
Authorized Signature
Arthur A. Hartinger
Print or Type Name
Chair, Labor and Employment Practice
Title
April 22, 2015
Date
City of Rancho Palos Verdes
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 10 of 16
ATTACHMENT 2
COMPANY QUESTIONNAIRE
Meyers Nave
Proposer Firm Name
Meyers Nave Riback Silver &Wilson
Proposer's Legal Name
Professional Law Corporation
Type of Business (Corporation, Partnerships, Individual, etc.)
555 12th St., Suite 1500, Oakland, CA 94607
Headquarters Address
633 W. 5th St., Suite 1700, Los Angeles, CA 90071
Address of Office of Proposer That Would Manage the Account (if different)
Camille H. Pating
Proposer Contact Name
(800) 464-3559 (213) 626-0215 cpating@meyersnave.com
Telephone Number Fax Number Email Address
Arthur A. Hartinger
Proposer Back-up Contact Name
(800) 464-3559 (213) 626-0215 ahartinner@meyersnave.com
Telephone Number Fax Number Email Address
April 22, 2015
Signer (authorized to bind the Proposer) Date
Arthur A. Hartinger, Principal
Name and Title of Authorized Signer (Please type or print)
Signer (authorized to bind the Proposer) Date
Name and Title of Authorized Signer (Please print)
City of Rancho Palos Verdes
Request for Proposals
Fraud,Waste,&Abuse Hotline—Third-Party Investigative Providers(Personnel)
Page 11 of16
ATTACHMENT 3
WARRANTIES
Meyers Nave
Proposer Firm Name
Proposer agrees to the incorporation of the following warranties in the proposed engagement:
Proposer warrants that it maintains or will obtain, at its expense prior to
engagement, required insurance policy as stated herein for negligent acts or
omissions and that such coverage is applicable.
Proposer warrants all information and statements in this RFP are complete
and true. Any statement or claim found to be incomplete, misleading, or false
will be grounds for immediate disqualification or dismissal and may be subject
to legal action.
Proposer warrants this proposal is genuine, and not sham or collusive, nor made
in the interest or on behalf of any person not named therein; the proposer has
not directly or indirectly induced or solicited any other proposer to put in a sham
bid, or any other person, firm or corporation to refrain from submitting a proposal,
and the Proposer has not in any manner sought by collusion to secure for
themselves an advantage over any other proposer.
AiticAy\
Authorized Signature
Arthur A. Hartinger
Print or Type Name
Chair, Labor &Employment Practice April 22, 2015
Title Date