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Rates proposed for 2019-2024 legal services on-call list
22 EXHIBIT B Fee Schedule Our attorneys, paralegals, and support staff operate as a collaborative team to provide clients with prompt, high quality legal services at a reasonable cost. We understand the importance our clients place on receiving value for their fees. We commit to delivering value every step of the way. Hourly Rates - billed one-tenth (.10) of an hour Partners $350/Hour Senior Associates - (More than six years of experience) $275/Hour Associates - (Less than six years of experience) $240/Hour Paralegals $175/Hour Fee Philosophy Our firm is always mindful of the larger budgetary reality facing agencies. Our firm resources offer the ability to work on projects with a team approach allowing project completion at the appropriate, cost-effective level. We provide cost estimates of specific matters so that clients can make informed decisions about their options. Additional expenses associated with our legal services are as follows: Expense Cost Photocopying $.20 per page B&W $.35 per page Color Long distance telephone calls At cost Photo expense At cost Mileage IRS mileage rate Overnight mail Standard FedEx rate Computerized legal research At cost Fee Structure 1. Provide information on the hourly rotes for all staff fhat would be necessary to render services Hourly rates: Joan Borger S225.00 Kai Ruess $225.00 Jean Savaree $250.00 Camas Steininetz $250.00 m. Provide a list of expenses that the attorneys or law firms propose to bill in addition to legal fees and the basis for such expenses Except for servnces performed by Joan Borger, travel outside tlie San Francisco Bay area, including transportation and meals, to be reimbursed at actual cost subject to the Git}' of San Luis Obispo's policy for reimbursement of travel and meal expenses for City of San Luis Obispo employees. Any out of pocket expenses directly incurred in representing Cit)^ excepting administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinarj' business expenses which are included within the scope of payment for sendees. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense shall be approved in advance by the Git}' Attorney. n. If rates are to be adjusted during the course of representation, the method for such adjustment should be described ADGL reserves the right to request an annual rate adjustment of not more than 5% of the current rate, subject to approval by citj' attorney. o. Provide alternatives to hourly billing, including fixed price representation. ADGL is open to alternative billing structures, including fixed price representation, on a per project basis. CITY OF SAN LUIS OBISPO PROPOSAL TO PROVIDE ON -CALL OUTSIDE LEGAL SERVICES VI. FEE STRUCTURE (COMPENSATION AND REIMBURSEMENT) A. Hourly Rate Proposal The firm generally charges fees on an hourly basis for all time actually expended on behalf of a client. We will only charge for actual time spent. We bill all time in increments of 6 minutes which equates to .1 of every hour. HOURLY RATES CLASSIFICATION INITIAL JANUARY 1, 2020 $210 - associate $215 - associate General $235 - partner $240 - partner Litigation $230 - associate $235 - associate $255 - partner $260 - partner $200 - associate $205 - associate Code Enforcement $225 - partner $230 - partner Reimbursable* $350 - blended rate $360 - blended rate Public Finance** $350 - blended rate $360 - blended rate Public Finance** $150 $155 Paralegal Paralegal / Law $125 $130 Clerks Paralegal $175 $180 Reimbursable Document Clerk/Litigation $100 $100 Support Specialist * Reimbursable - For legal services performed on matters where the City is reimbursed by a third party, such as development agreements, we would charge at higher rates. Though our rates are higher for these services than for general services, they are less than those generally charged by outside counsel. * * Public Finance - Public finance legal services are in connection with the issuance or potential issuance of debt, loans, certificates of participation including formation of assessment or community facilities districts, etc. Expenses shall be charged at the cost thereof, which expenses shall include the cost of special tax counsel in an amount not to exceed $7,500 subject to a not to exceed expense fee (excluding special tax counsel) of $3,000 per bond transaction. 09999.0014/522301.4 34 Exhibit B General Municipal Law Matters Personnel Hourly Rate Partners and Of Counsel $300 Associates $250 Paralegals $160 General Municipal Law matters include administrative law, constitutional law, labor and employment law, land use, and real property. Litigation or Appellate Proceedings Personnel Hourly Rate Partners and Of Counsel $335 Associates $265 Paralegals $170 Specialty Law Personnel Hourly Rate Partners and Of Counsel $375 Associates $285 Paralegals $170 Specialty Law includes the other remaining areas: affordable housing & development law; code enforcement; conflict counsel; eminent domain and inverse condemnation; pension and benefits programs; engineering, design professional and public works contracting issues; environmental issues, federal and state regulatory issues, Endangered Species, Clear Air and Clean Water Acts; financial services, infrastructure, financing, fees, and taxation; and water rights. Cost-of-Living Adjustments Starting March 1, 2021 and each March 1st thereafter, all hourly rates will be increased for the change in the cost of living for the prior calendar year, as shown by the U.S. Department of Labor in its All Urban Consumers Index set forth for the local area. CONDENSED RE-PROPOSAL FORM 1. Name of Consultant (as it appears in the City’s Current On-Call List for Outside Counsel): 2. Practice Areas Currently Qualified Under that you wish to be considered for Carry-Forward (Please check carefully the City’s Current On-Call List for Outside Counsel in Section A as requests for carry-forward that do not match current qualifications may cause your proposal to be rejected.: Mark Practice Areas Currently Qualified Under Mark Practice Areas Desired for Carry-Forward Administrative Law Administrative Law Appellate Proceedings Appellate Proceedings and writs Affordable Housing Development Affordable Housing & Development Law Code Enforcement Code Enforcement Conflict Counsel Conflict Counsel Constitutional Law Constitutional Law Criminal Procedure Criminal procedure Elections Law Elections Law Eminent Domain & Inverse Condemnation Eminent Domain and Inverse Condemnation Employment Issues & Litigation - Labor & Employment, Pension & Benefits Employment Issues and Litigation – Labor and Employment, Pension and Benefits Programs PW - Engineering, Design Prof & Construction Contacting Issues & Lit Engineering, Design Professional and Public Works Contracting Issues and Litigation Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Environmental Issues and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services - Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and taxation General Civil Litigation General civil litigation General Municipal Services General Municipal Services Land Use Issues & Litigation, including CEQA Land Use issues and litigation, including California Environmental Quality Act and wireless communications land use and regulatory issues Real Property Real Property Water Rights Water Rights 3. Names of the individuals in the law firm to be assigned to provide the Services: [describe here or attach as Exhibit A] 4. Confirmation of the rates proposed for the work of the individuals named above: [describe here or attach as Exhibit B] Bid 91676City of San Luis Obispo Brownstein Hyatt Farber Schreck x x Stephanie Hastings, Amy Steinfeld, Jessica Diaz Stephanie Hastings $500.00 (special rate) Amy Steinfeld $475.00 (discount rate for 2019) Jessica Diaz $350.00 (discount rate for 2019) 偡来‵ EXHIBIT B – RATES We believe that the rates quoted below are reasonable and competitive. Hourly Rates Staffing Hourly Rate Partners $325 Associate Attorneys $270 Paralegals $140 Adjustments The rates for legal services quoted in this proposal will remain in effect for the first two years of the contract. Thereafter, unless otherwise negotiated, rates may be adjusted based on a standard a nnual adjustment upon consultation with the City Attorney and approved by the Council as part of the Council’s standard budget adoption process, equal to the greater of the average Consumer Price Index for the previous four quarters. Reimbursements We rout inely charge our clients for our direct out -of-pocket expenses and costs incurred in performing the services. These costs and expenses commonly include such items as reproduction of documents, facsimile, mileage reimbursement for travel at the IRS approve d rate, and other costs reasonably and necessarily incurred in performing services for the City. We do not charge a service fee or overhead for cost reimbursement items. We also do not charge for computer or word processing time. Reimbursement amounts m ay be adjusted annually. Expense Rate In-house reproduction charges black and white 20¢ per page color $1 per page Mileage 5 4 .5¢ per mile (or current IRS rate) Facsimile $1 per page All other costs reasonably and necessarily incurred in performing services for the City at cost Billing Format and Procedure Bills are sent out each month invoicing charges for the prior month. Fees for our services are charged in increments of 1/10th of an hour. The bills provide a specific description of the work performed by all attorneys, the time actually spent on the work item, and the billing rate of the attorney. These bills also contain itemized descriptions of any out -of-pocket expenses incu rred during the prior month. Ms. Christine Dietrick Page 7 of 8 November 28, 2o18 CARMEL & NAccAsHA LLP Corporation for over twenty years in real property matters which gives him unique insight into local real property issues. 18. Water Rights: In addition to his public agency representation, Tim represents several private mutual water companies, including the San Miguelito Water Company that serves Avila Valley. Tim has experience providing water rights advice to their public and private clients, including discharge based issues regarding the Regional Water Quality Control Board. Tim and David are involved in ongoing complicated water rights issues with the Cambria Community Services District. 19. Insurance: Ziyad has extensive experience in representing clients in connection with insurance claims, insurance needs, litigation and coverage issues that arrive out of claims. Co -Counsel Relationships: The attorneys at C&N have experience as both in-house and outside municipal counsel. David, serving as an in-house city attorney for over twenty-five years, Heather as an in-house deputy city attorney for over fifteen years, and Tim, David and Heather serving as outside counsel, have a total understanding of the role and responsibilities of an in-house city attorney. We understand the benefit of working with outside -counsel on matters involving specialized expertise, those involving a conflict or when an in-house city attorney's office simply doesn't have the resources to handle a matter. C&N attorneys have always had excellent relationships with the attorneys they work with whether serving as in-house or outside counsel. Statement of Past Disqualifications: C&N has never been disqualified, removed, or otherwise prevented from submitting a proposal for, or completing a federal, state, or local government project because of a violation of law, a safety regulation, or for any other reason. Please see the attached Statement of Past Disqualifications. Fees: C&N has a government rate of $195.00 per hour for attorney fees for general advice. The hourly government rate for attorneys representing the City in litigation matters is $210.00 per hour. The rate for C&N's paralegals is $115.00 per hour. In addition to legal fees, C&N charges for the following expenses: photocopying, facsimile charges, investigation costs, notarial and certification expense, deposition and reporting expense, expert witness expenses, and travel expenses, but not including meals. All costs and expenses will be charged at C&N's actual cost, or at the IRS reimbursement rate for driving mileage. C&N is also amenable to fixed price representation under agreed upon circumstances and terms and conditions. Proposal to City of San Luis Obispo November 20, 2018 Proposed Rates Senior Counsel $350 per hour for advisory work; $375 for litigation 8-year lawyers $330 7-year lawyers $325 6-year lawyers $320 5-year lawyers $300 4-year lawyers $280 3-year lawyers $270 2-year lawyers $240 1st -year Lawyers $205 Law Clerks $195 Paralegals $170 Legal Assistants $135 123594.2 CONDENSED RE -PROPOSAL FORM 1. Name of Consultant (as it appears in the City's Current On -Call List for Outside Counsel): 2. Practice Areas Currently Qualified Under that you wish to be considered for Carry -Forward (Please check carefully the City's Current On -Call List for Outside Counsel in Section A as requests for carry -forward that do not match current qualifications may cause your proposal to be rejected.: Mark ractice Areas Currently Qualited tinder Administrative Law ~ Appellate Proceedings Affordable Housing Development Code Enforcement Conflict Counsel Constitutional Law Criminal Procedure Elections Law Eminent Domain & Inverse Condemnation Employment Issues & Litigation - Labor & Employment, Pension & Benefits PW - Engineering, Design Prof & Construction Contacting Issues & Lit Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services - Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation General Civil Litigation General Municipal Services Land Use Issues & Litigation, including CEQA Real Property Water Rights Mark Practice Areas Desired for Carry -Forward Administrative Law Appellate Proceedings and writs Affordable Housing & Development Law Code Enforcement Conflict Counsel Constitutional Law Criminal procedure Elections Law Eminent Domain and Inverse Condemnation Employment Issues and Litigation — Labor and Employment, Pension and Benefits Programs Engineering, Design Professional and Public Works Contracting Issues and Litigation Environmental Issues and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and taxation General civil litigation__ General Municipal Services Land Use issues and litigation, including California Environmental Quality Act and wireless communications land use and regulatory issues Real Property Water Rights 3. Names of the individuals in the law firm to be assigned to provide the Services: [describe here or attach as Exhibit A] 4. Confirmation of the rates proposed for the work of the individuals named above: [describe here or attach as Exhibit B] Page 21 Erickson Law Firm A.P.C. P a g e | 13 1.800.864.8111 | www.EricksonLaw.com FEE AND RATE PROPOSAL Attorney rates are charged in 1/10th hour increments. Proposal for all services (General Counsel, Employment & Labor Relations, Student Affairs, Business and Financial Affairs, and Public Construction) at hourly rates: Hourly Rate For: 2019 2020 2021 2022 2023 Owner/CEO $225.00 $225.00 $236.50 $236.50 $248.00 Associate/Attorney $225.00 $225.00 $236.50 $236.50 $248.00 Court Litigation $225.00 $225.00 $236.50 $236.50 $248.00 Administrative Hearing $225.00 $225.00 $236.50 $236.50 $248.00 Board Meeting Attendance $225.00 $225.00 $236.50 $236.50 $248.00 Paralegal $105.00 $105.00 $105.00 $105.00 $105.00 Travel $0 $0 $0 $0 $0 Cost of Fax Receipt/Transmission $0 $0 $0 $0 $0 Telephone Consultation See below. Printing Duplication Costs See below. No Retainer No charge for Travel Time No charge for phone calls with administrators on matters less than 15 minutes No cost for fax transmission/receiving The firm may incur various costs and expenses in performing legal and consulting services, such as marshal and process servers’ fees, filing fees, and other charges assessed by courts and public agencies, court reporters’ fees, jury fees, witness fees, messenger and other delivery fees, charges for computer research and outside assisted legal research, investigation expenses, consultants’ fees, expert witness fees, reasonable travel expenses (including the lesser of IRS mileage or rental car plus fuel, lodging, parking, etc.), outside photocopying and reproduction, and other similar items. All costs are listed on the front cover of the firm’s monthly invoice along with a copy of the invoice. 990051\06\2486350.2 EXHIBIT B Confirmation of Rates Goldfarb & Lipman offers legal services to our public agency clients at the following discounted rates: Partner $295-320 Senior Counsel $290-320 Associate $200-295 Senior Law Clerk $175 Law Clerk $140 Litigation Paralegal $160 Project Coordinator $160 For some specific types or portions of transactions, we are prepared to negotiate fixed fee arrangements. Because of our extensive experience and knowledge, we have the ability to serve our clients promptly and efficiently, even when the exigencies of the transaction mean the available time for drafting and completing documents is short. In such cases (and also when otherwise appropriate to help reduce client costs) we assign additional junior staff, including associates and paralegals, to the project to ensure that our clients have a dedicated team working on their behalf to meet all funding and other requirements in a timely manner. City of San Luis Obispo CONDENSED RE-PROPOSAL FORM 1. Name of Consultant (as it appears in the City's Current On-Call List for Outside Counsel): 2. Practice Areas Currently Qualified Under that you wish to be considered for Carry-Forward (Please check carefully the City's Current On-Call List for Outside Counsel in Section A as requests for carry-forward that do not match current qualifications may cause your proposal to be rejected.: Administrative Law Appellate Proceedings Affordable Housing Development Code Enforcement Conflict Counsel Constitutional Law Criminal Procedure Elections Law Eminent Domain & Inverse Condemnation Employment Issues & Litigation -Labor & Employment, Pension & Benefits PW -Engineering, Design Prof & Construction Contactingissues & Lit Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services -Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation Appellate Proceedings and writs Affordable Housing & Development Law Code Enforcement Conflict Counsel Constitutional Law Criminal procedure Elections Law Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and taxation X X X X X General Civil Litigation General Municipal Services General civil litigation X General Municipal Services Land Use issues and litigation, including Land Use Issues & Litigation, including CEQA California Environmental Quality Act and X Real Property Water Rights wireless communications land use and regulatory issues Real Propetiy Water Rights X X 3. Names of the individuals in the law firm to be assigned to provide the Services: [describe here or attach as Exhibit A] Stephanie A. Bowen I Jay A. Hieatt 4. Confirmation of the rates proposed for the work of the individuals named above: [describe here or attach as Exhibit B] 10/5/2018 5:21PM $190/hr-Partners $175/hr-Associates $95/hr -Paralegals Page 21 Bid 91676 p.26 Exhibit B Having provided legal services for various government agencies for decades, we are acutely aware of the variability in funding sources from year to year. We focus on providing the most efficient legal representation possible by staffing matters appropriately to maximize the value of each team member's expertise and time and by consulting with our clients to ensure that we do only what is needed. We work hard to ensure predictability in our billing, providing detailed and accurate budgeting at the outset of new assignments, and offer regular updates if and when the scope or nature of an assignment changes. We take seriously the importance of keeping within approved legal budgets, and advising the agency promptly when circumstances may warrant a revision. Outlined below are the proposed significantly discounted blended hourly rates for team members who work on the City's projects. These rates would be applied to the work outlined in the "Scope of Work" section of the RFP. Partner/Counsel/Of Counsel: $405 Sr. Counsel: $ 370 Associate: $305 Paralegal: $205 These rates will remain in effect through December 31, 2019, after which we propose an increase to all rates based on the CPI for 2020, and any subsequent year. Costs and expenses Costs and expenses would be passed along to the City as follows: ITEM COST Courier (outside) Cost Deposition Transcript Cost Docket/Search Fees Normal hourly rates for attorneys and paralegals plus any Lexis or Westlaw charges incurred Expert Witness Cost Federal Express / UPS Cost Filing Fees Cost Legal Research Normal hourly rates for attorneys and paralegals plus any Lexis or Westlaw charges incurred Meals - only when directly related to business Cost (includes meals with clients involving substantive discussions, when away from the office, or when late night work is required) Mileage IRS rate for mileage outside of San Francisco when directly related to client business Outside Counsel Cost Outside Document Production Cost Parking Cost Postage Cost for large mailings and Express - no charge for routine mailings Publication Charge Cost Service of Process Cost Taxi Cost Travel Expense Cost - travel pre-authorized by client Alternative Pricing Hanson Bridgett is open to considering alternative fee structures, such as fixed fees, performance-based compensation, or a hybrid approach, once the scope of work for any particular matter is defined. 3 4. Confirmation of the rates proposed for the work of the individuals named above: 1. Labor: Jarvis Fay’s current public agency hourly rates, which apply to all attorneys and paralegals, are as follows: Senior Partner $340 Partner/Of Counsel $305 Associates $240 Paralegal $125 These rates will remain in effect for any work for the City at least through June 30, 2020, and will be subject to reasonable annual increases thereafter. 2. Miscellaneous costs: Travel time is billed at 50%. 3. Efficiency measurers: we do not bill for in-house copies, phone or other overhead costs. Our hourly rates are fully inclusive. We do not apply any administrative fee, charge for electronic research, or markup. Confidentiality of attorney billing invoices: All invoices are labeled “Confidential – Attorney-Client Privileged.” The partner in charge of each matter reviews each invoice. Los Angeles | San Francisco | Fresno | San Diego | Sacramento www.lcwlegal.com 8733730.1 LC300-008 Exhibit B: Rates and Charges A. Hourly Billable Rates Pricing offered on a time-and-materials basis would be based on our firm’s hourly billable rates: Richard Bolanos .............................................$370 Morin Jacob ...................................................$370 Erin Kunze .....................................................$260 Matthew Nakano ............................................$270 Invoices are payable upon receipt and due within 30 days. B. Other Costs and Charges Telephone consultation, court litigation and administrative proceedings, and attendance at Board meetings will be billed at the attorney’s hourly rate. Unlike many firms, we do not bill for secretarial time or telephone charges. Facsimile transmissions are billed at the rate of $.25 per page for outgoing faxes only. Documents are sent electronically unless specifically requested otherwise, or when electronic transmission is not an option. Copying is charged at fifteen cents ($.15) per page. Additional prints, postage and special deliveries (i.e. Fed-Ex, UPS, DHL, messenger service), and other hired deliveries completed at the request of the client or necessary to comply with court or other deadlines will also be billed to the client. Our firm bills for travel time at the attorney’s hourly rate - for the time it takes to travel from the office to our client and back, or the time it takes from the attorney’s residence to our client and back, whichever is less. Importantly, we do not double bill for our travel time; our travel billing is prorated by the time we spend on billable work for the agency or other clients, like phone calls and dictation. 6 PROFESSIONAL RATE SCHEDULE FOR THE CITY OF SAN LUIS OBISPO 1. HOURLY PROFESSIONAL RATES Client agrees to pay Attorney by the following standard hourly rate*: Hourly Rates for General Legal Services Attorneys $225 per hour Law Clerk $125 per hour Paralegal $125 per hour Hourly Rates for Special Legal Services including Litigation Attorneys $250 per hour Law Clerk $125 per hour Paralegal $125 per hour 2. BILLING PRACTICE Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered. Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip. 3. COSTS AND EXPENSES 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. In-office copying/electronic communication printing $ 0.25 per page Facsimile $ 0.25 per page Postage Actual Usage Mileage IRS Standard Rate Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis. J. Christine Dietrick Re:Bid 91676; Qualifications for Legal Services - On Call Outside Counsel November 27, 2018 Page 21 4828-6379-1226, v. 1 L. HOURLY RATES FOR ALL STAFF Shareholders and Partners: $225 Associates: $195 Paralegals: $105 Prepared for: City of San Luis Obispo ©2018 Manning & Kass, Ellrod, Ramirez, Trester LLP 42 Fee Structure For Appellate Proceedings and Writs, we propose the following hourly rates: • $325/hr for Partners and Senior Counsel • $275/hr for Associates • $200/hr for Paralegals For Employment Issues and Litigation, we propose the following hourly rates: • $285/hr for Partners and Senior Counsel • $235/hr for Associates • $160/hr for Paralegals For all other areas of law, we propose the following hourly rates: • $275/hr for Partners and Senior Counsel • $225/hr for Associates • $150/hr for Paralegals The costs and expenses we bill for include, but are not limited to, process servers’ fees, fees fixed by law or assessed by courts or other agencies, court reporters’ fees, long distance telephone calls, messenger and other delivery fees, postage, parking, investigation expenses, consultants’ fees, computer research services, expert witness fees, telecopies, mileage at the IRS approved rate, in-office photocopying at $.25 per page, facsimile transmission costs at $1.00 per page and other similar items. 555 12th Street, Suite 1500 Oakland, California 94607 tel (510) 808‐2000 fax (510) 444‐1108 www.meyersnave.com John Bakker Attorney at Law jbakker@meyersnave.com A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO Exhibit B: Rates of the attorneys assigned to provide services to the City of San Luis Obispo PROPOSED ATTORNEYS HOURLY RATE Brenda Aguilar‐Guerrero, Practice Leader $400 John Bakker, Practice Leader $425 Julia Bond, Principal $425 Shaye Diveley, Of Counsel $400 Eric Firstman, Practice Leader $425 Deborah Fox, Practice Leader $450 Jon Goetz, Principal $395 Vivian Heger, Of Counsel $400 Eddie Kreisberg, Principal $375 Amrit Kulkarni, Practice Leader $450 Doug McManamon, Principal $400 Greg Newmark, Principal $450 Camille Pating, Principal $375 Jenny Riggs, Of Counsel $375 Meg Rosequist, Of Counsel $375 David Skinner, Managing Principal $450 Tivonna Stern, Associate $295 Stephen Taber, Of Counsel $400 Sky Woodruff, Principal $395 Response submitted by Nossaman LLP 4 4.Confirmation of the rates proposed for the work of the individuals named above: Fee Structure Nossaman understands the importance of delivering top-tier, extraordinary counsel and expertise within a budget that public agencies require for outside counsel legal services. Our attorneys look for every possible way to add value and provide high quality service to help clients achieve their goals while minimizing legal costs. Nossaman is pleased to offer the following discounted hourly rates to The City of San Luis Obispo for On-Call Outside Counsel Services as detailed in Section A of the RFP. Discounted Hourly Rates Team Members Practice Area Title/Function 2019 Discounted Rates Bernadette M. Duran-Brown Eminent Domain and Inverse Condemnation Partner / Team Lead $495 Artin N. Shaverdian Eminent Domain and Inverse Condemnation Partner / Core Team $495 Bradford B. Kuhn Eminent Domain and Inverse Condemnation Partner / Support $495 Kristin Mendenhall Eminent Domain and Inverse Condemnation Staff Attorney / Core Team $350 Katrina (Diaz) Wu Eminent Domain and Inverse Condemnation Associate / Support $350 Benjamin Z. Rubin Environmental Issues and Litigation Partner / Team Lead $475 Liz Klebaner Environmental Issues and Litigation Partner / Core Team $440 Mary Lynn K. Coffee Environmental Issues and Litigation Partner / Support $545 Paul S. Weiland Environmental Issues and Litigation Partner / Support $495 Crescent Cheng Environmental Issues and Litigation Associate / Support $295 David Graeler General Civil Litigation Partner / Team Lead $495 Jennifer L. Meeker General Civil Litigation Partner / Core Team $450 Maya Hamouie General Civil Litigation Associate / Core Team $310 Gabriela S. Perez General Civil Litigation Associate / Support $295 Benjamin Z. Rubin Land Use Issues and Litigation Partner / Team Lead $475 Liz Klebaner Land Use Issues and Litigation Partner / Core Team $440 Mary Lynn K. Coffee Land Use Issues and Litigation Partner / Support $545 Response submitted by Nossaman LLP 5 Discounted Hourly Rates Team Members Practice Area Title/Function 2019 Discounted Rates Paul S. Weiland Land Use Issues and Litigation Partner / Support $495 Alfred E. Smith Water Rights Partner / Team Lead $475 Frederic A. Fudacz Water Rights Partner / Support $525 Gina Nicholls Water Rights Partner / Core Team $425 Tara E. Paul Water Rights Associate / Support $335 Fully burdened Rates; Future Adjustment of Hourly Rates Hourly rates are fully burdened and include all administrative and overhead costs, such as secretarial assistance, word processing and telephone charges. The rates proposed will be in effect through December 31, 2019, with a 5% increase starting on January 1st, 2020 and renewing each January for the remainder of the five year contract renewal term(s). Alternative Fee Arrangements Nossaman would be happy to discuss alternative fee arrangements on a project-by-project basis. We understand that alternative fee arrangements can provide significant value to our clients as a means of improving predictability of costs, reducing billing complexities and aligning the cost and value of our legal services. Some alternative fee arrangements we offer include the following models: Fixed Fee – a set price for a specific scope of work Phased Fee – fees defined and payable for distinct phase/segment of a project Blended Fee – an agreed-upon hourly rate that applies to all lawyers’ work We would be open to exploring additional fee arrangements that appeal to the City of San Luis Obispo. Reimbursable Expenses Travel We will charge for reasonable travel expenses in accordance with the City of San Luis Obispo’s reimbursement policies. Computer Research Computer assisted research expenses are charged at cost, except for instances where the firm maintains a fixed subscription contract with the vendor. Under this circumstance, we prorate the cost for the fixed subscription charges among all of the firm's clients using computerized research during the research period. Postage We will pass on to the City of San Luis Obispo postage-related charges at the actual cost. Photocopying/ Printing Photocopying and printing charges will be charged at .10 per copy. City of San Luis Obispo CONDENSED RE-PROPOSAL FORM 1. Name of Consultant (as it appears in the City's Current On-Call List for Outside Counsel): 2. Practice Areas Currently Qualified Under that. you wish to be considered for Carry-Forward (Please check carefully the City's Current On-Call List for Outside Counsel in Section A as requests for carry-forward that do not match current qualifications may cause your proposal to be rejected.: Administrativ~l,ar~ A~pellatie Proceedings--- _ Affordable Housing Development Code Enforcement _.— _~ ___._..._...~.__--- -- Conflict Counsel ______— _ _________ Constitutional Law. Criminal Procedure—_ _ __ Elections Law __ ~ _ Eminent Doinai.n_&..Inverse_Condemnation__.__ Employment Issues &Litigation -Labor & Employment, Pension- 8~- Ben~f ~s . _ ----- - -- PW -Engineering, Design Prof & C ~ - ~ g issues ~ t,it Environmental Issues &Litigation, Federal & State Regulatory Issues, Endangered ~_ ~~ Finances Services -Infrastructure, Financing, Fees (Community Facility Districts, pis General Ciuil_Litigation ___—_—___._ Ge~aeral Munici~a~-~er~~re~--- —~— Land Use Issues &Litigation, including CEQA Real Property X Water Rights Administrative La~~_ A ppellate Proceedin~s.ancLau~ixs-------_ A ffordable Housing&_I~evel~pm$nY.L,aw.---. __ Code Enforcement .. __._____ Conflict Counsel __- __ _ ----- - - - ------- Constitutional Law Criminal procedure elections Law Eminent Domain and Inverse condemnation- --~ X Employment Issues and Litigation —Labor and ~r~ploym~nt; P~r~s;ors-and Beats Programs------- Engineering, Design Professional and Public ~t~rks Corrt~a~ -Liti a~i~- -nv~ronmenta s es and itigat~n, ederal an3 State Regulatory Issues, Endangered Species, Clear Air a~~d Clean Water Acts Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and taxation General civil litigation General Munici al Services---_ -- Land Use issues and litigation, including California Environmental Quality Act and wireless communications land use and regulatory issues Real Property W ater Rights X Names of the individuals in the law firm to be assi gned to provide the Services: [describe here or attach as E~ibit A] Todd A. Amspoker (eminent domain) Craig Parton (water rights) Ryan Zick (both) Shannon Boyd (both) 4. Confirmation of the rates proposed for the work of the individuals named above: [describe here or attach as Exhibit B] Todd A. Amspoker and Craig Parton $350.00 Ryan Zick and Shannon Soyd $300.00 Bid 91676 10/22/2018 3:19 PM Page 21 p 26 350 Sansome Street | Suite 300 San Francisco, CA 94104 -19- CITY OF SAN LUIS OBISPO NOVEMBER 30, 2018 We propose Ms. Blackwell’s services in the following practice areas: General Civil Litigation. IV. EXPERIENCE WITH IN-HOUSE COUNSEL In addition to our collective decades of experience serving as in-house public agency counsel, we are routinely retained by in-house city attorneys, county counsel and local agency general counsel to provide specialized legal services We are keenly aware of the sensitivities attendant to these engagements. Unless instructed otherwise, we keep in-house counsel regularly informed and involved in high level strategies decisions. We know when to seek authority for certain actions, such as communicating with the media or elected officials. We believe in a collaborative approach, with the in-house counsel fully engaged in the process and decision making. V. PROFESSIONAL FEES AND ESTIMATED OUT-OF-POCKET EXPENSES Our fees for professional services are based on the fair value of the services rendered. To help us determine the value of our services, our attorneys and paralegals maintain time records for each client and matter. Our attorneys and paralegals are assigned hourly rates which are based on years of experience, specialization, training and level of professional attainment. We adjust our rates periodically (usually at the beginning of each year) to take into account inflation and the increased experience of our professional personnel. To keep professional fees at a minimum, legal work that does not require more experienced attorneys will be performed, where feasible, by attorneys with lower billing rates. In addition, paralegals and law clerks are available to do a variety of tasks to support attorneys, including maintaining and organizing files, conducting research and drafting documents. The following is a general description of our fee and billing policies. These general policies may be modified by the specific engagement letter or agreement between the two parties. The following is our 2018 public sector hourly fee schedule: Partners: $325 - $450 Of Counsel: $295 - $395 Associates: $220 - $345 Consultants: $160 - $350 Law Clerks: $145 Paralegals: $105 - $175 “Consultants” includes licensed private investigators. 350 Sansome Street | Suite 300 San Francisco, CA 94104 -20- CITY OF SAN LUIS OBISPO NOVEMBER 30, 2018 The current specific hourly rates of attorneys listed on this proposal are as follows: Louise Renne $450 Art Hartinger $395 Jon Holtzman $395 Teresa Stricker $365 Geoff Spellberg $385 Linda Ross $395 Randy Riddle $365 Ruth Bond $325 Jennifer Nock $350 Vicki Clayton $350 Spencer Wilson $300 Lori Liu $295 Ryan McGinley- Stempel $295 Chris Hayashi $340 Michael Roush $350 Savannah Blackwell $295 References IM IM=Er -1= City of Beverly Hills Mandi Aluzri, City Manager 455 North Rexford Drive Beverly Hills, California 90210 Phone: 310.285.1155/Fax: 310.275.8159 maluzri@beverlyhills.org Description of Services: City Attorney services City of Santa Monica Katie Lichtig, Assistant City Manager 1685 Main Street Santa Monica, California 90401 Phone: 310.458.8301/Fax: 310.917.6640 katie.lichtig@smgov.net Description of Services: Special Counsel Services Fee Schedule City of Indio Mark Scott, City Manager 100 Civic Center Mall Indio, California 92201 Phone: 760.391.4000/Fax: 760.391.4008 mscott@indio.org Description of Services: City Attorney services Our clients are entitled to the best legal representation and service. At the same time, we are well aware that public entities must control their costs. Consequently, we are committed to minimizing San Luis Obispo's legal costs to the greatest extent possible. We are accustomed to preparing legal service budgets for our public agency clients and meeting budget targets. We are proposing to be compensated on an hourly fee basis for our service. Our time would be billed in 1/10th of an hour increments. Services will be billed at blended rates ranging from $250 to $385 per hour. Please see the table below for the specific rates in each of the proposed practice areas. RICHARDS WATSON GERSHON Qualifications for Legal Services City of San Luis Obispo Page 24 Qualifications for Legal Services City of San Luis Obispo Page 24 References RWG CLIENT REFERENCES City of Beverly Hills Mahdi Aluzri, City Manager 455 North Rexford Drive Beverly Hills, California 90210 Phone: 310.285.1155/Fax: 310.275.8159 maluzri@beverlyhills.org Description of Services: City Attorney services City of Indio Mark Scott, City Manager 100 Civic Center Mall Indio, California 92201 Phone: 760.391.4000/Fax: 760.391.4008 mscott@indio.org Description of Services: City Attorney services City of Santa Monica Katie Lichtig, Assistant City Manager 1685 Main Street Santa Monica, California 90401 Phone: 310.458.8301/Fax: 310.917.6640 katie.lichtig@smgov.net Description of Services: Special Counsel Services Fee Schedule Our clients are entitled to the best legal representation and service. At the same time, we are well aware that public entities must control their costs. Consequently, we are committed to minimizing San Luis Obispo’s legal costs to the greatest extent possible. We are accustomed to preparing legal service budgets for our public agency clients and meeting budget targets. We are proposing to be compensated on an hourly fee basis for our service. Our time would be billed in 1/10th of an hour increments. Services will be billed at blended rates ranging from $250 to $385 per hour. Please see the table below for the specific rates in each of the proposed practice areas. PECIFIC PRACTICE AREA Administrative Law Appellate Proceedings and Writs Affordable Housing & Development Law Code Enforcement Conflict CounselE Constitutional Law ATTORNEY Larry Wiener Whitney McDonald T. Peter Pierce Jennifer Petrusis Kevin Ennis Larry Wiener $275 OURLY RATE $275 $275 $350 Criminal Procedure Elections Law Jennifer Petrusis Craig Steele Eminent Domain and Inverse Condemnation Employment Issues and Litigation; Labor and Employment, Pension and Benefits Programs Michael Yoshiba Rebecca Green Engineering, Design Professional and Public Works Contracting Issues and Litigation B. Tilden Kim Environmental Issues and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and Taxation General Civil Litigation Lisa Bond Robin Harris Larry Wiener Robert Ceccon General Municipal Services Land Use Issues and Litigation, including California Environmental Quality Act and Litigation and Laurence Wiener Whitney McDonald Isra Shah Laurence Wiener Whitney McDonald Ginetta Giovinco $295 $275 $295 $275 Advisory $350 Litigation I $275 Advisory $350 Litigation $295 $295 $350 $250 $250 $250 $295 Advisory $350 Litigation RICHARDS WATSON GERSHON Qualifications for Legal Services City of San Luis Obispo Page 25 Qualifications for Legal Services City of San Luis Obispo Page 25 SPECIFIC PRACTICE AREA ATTORNEY HOURLY RATE Administrative Law Larry Wiener Whitney McDonald $275 $275 Appellate Proceedings and Writs T. Peter Pierce $350 Affordable Housing & Development Law Roxanne Diaz $275 Code Enforcement Jennifer Petrusis $250 Conflict Counsel Kevin Ennis $275 Constitutional Law Larry Wiener $275 Criminal Procedure Jennifer Petrusis $275 Elections Law Craig Steele $295 Eminent Domain and Inverse Condemnation Michael Yoshiba $275 Employment Issues and Litigation; Labor and Employment, Pension and Benefits Programs Rebecca Green $295 Engineering, Design Professional and Public Works Contracting Issues and Litigation B. Tilden Kim $275 Advisory $350 Litigation Environmental Issues and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Lisa Bond $275 Advisory $350 Litigation Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and Taxation Robin Harris Larry Wiener $295 $295 General Civil Litigation Robert Ceccon $350 General Municipal Services Laurence Wiener Whitney McDonald Isra Shah $250 $250 $250 Land Use Issues and Litigation, including California Environmental Quality Act and Litigation and Laurence Wiener Whitney McDonald Ginetta Giovinco $295 Advisory $350 Litigation PECIFIC PRACTICE AREA Wireless Communications Land Use Regulatory Issues Real Property Water Rights Expenses ATTORNEY HOURLY RATE Steven Flower Bruce Galloway James Markman $295 $325 Copying costs will be charged at 5 cents per page. Where faxing is necessary, facsimile charges will be $1 per page with a maximum charge of $25 for any one facsimile. All other costs, such as long distance telephone charges, messenger and delivery services, and legal research services will be charged only at the Firm's actual out-of-pocket expenses. The Firm will not charge for word processing and similar clerical tasks. In order to reduce telephone costs to our offices, we have a toll-free number for staff to use. Mileage will be reimbursed at the current IRS rate for deducting the cost of operating a motor vehicle for business purposes. Billing Alternatives We will be happy to discuss any billing arrangement alternatives, including flat rate services and retainers. However, in order to provide a proposal with substance, we would require additional detail from the City regarding the amount and type of work that would be assigned to RWG. RICHARDS WATSON GERSHON Qualifications for Legal Services City of San Luis Obispo Page 26 Qualifications for Legal Services City of San Luis Obispo Page 26 SPECIFIC PRACTICE AREA ATTORNEY HOURLY RATE Wireless Communications Land Use Regulatory Issues Steven Flower Real Property Bruce Galloway $295 Water Rights James Markman $325 Expenses Copying costs will be charged at 5 cents per page. Where faxing is necessary, facsimile charges will be $1 per page with a maximum charge of $25 for any one facsimile. All other costs, such as long distance telephone charges, messenger and delivery services, and legal research services will be charged only at the Firm’s actual out-of-pocket expenses. The Firm will not charge for word processing and similar clerical tasks. In order to reduce telephone costs to our offices, we have a toll-free number for staff to use. Mileage will be reimbursed at the current IRS rate for deducting the cost of operating a motor vehicle for business purposes. Billing Alternatives We will be happy to discuss any billing arrangement alternatives, including flat rate services and retainers. However, in order to provide a proposal with substance, we would require additional detail from the City regarding the amount and type of work that would be assigned to RWG. Exhibit B to Condensed Re-Proposal Form City of San Luis Obispo Request for Qualifications for Legal Services On-Call Outside Counsel 2019-2024 Specification No. 91676 Rates for Legal Services We propose a two-tiered rate schedule: (1) a basic rate for all non-litigation work; and (2) a litigation rate for litigation handled by SMW. Where appropriate, tasks and legal research would be delegated to junior attorneys who bill their time at lower rates. Timekeeper Basic hourly rate Hourly rate for litigation Partner $325 $375 Jr. Partner $300 $345 Associate III $285 $330 Associate II $270 $315 Associate I $235 $270 Planner $205 $240 Paralegal $125 $145 Law Clerk $85 $95 Where the firm’s fees are to be reimbursed by a developer through an agreement with the City or court order, our fees would be assessed on the basis of commercial rates. For your information, commercial rates for these services currently range from $500 to $750 per hour for a partner and $375 to $550 per hour for an associate, depending on the nature of the work. Beginning in 2020 the Firm will annually increase these billing rates consistent with any annual increase in the Consumer Price Index (October over October time period) for All Urban Consumers (not seasonally adjusted) San Francisco-Oakland-San Jose area (1982-1984 = 100) as published by the Bureau of Labor Statistics, U.S. Department of Labor, rounded to the nearest whole $1. The Firm will implement the increase each year on January 1st, or as soon thereafter as the CPI information is published. 1062700.1