HomeMy WebLinkAbout06-14-2016 Item 20 Council Reading File - Fee Proposals and Acceptance Letters from 2013 RFQ4. Resumes of the individuals who would be performing services.
Resumes or biographies for each of the firm's partners and associates are included
in Attachment E.
5. Experience in having a co-counsel relationship with in-house counsel.
The firm is accustomed to a co-counsel relationship with existing in-house
counsel in numerous matters. Mr. Cumberland, in particular, provides significant defense
counsel services to numerous public agencies and the City of San Luis Obispo
specifically and is in a co-counsel relationship with in-house counsel in virtually every
matter. In addition, the firm's other partners and associates are accustomed to working in
a co-counsel relationship with in-house counsel in numerous contexts through their
representation of public agencies.
6. Statement and explanation of any instances where your firm has been removed
from a project or disqualified from proposing on a project.
The firm has never been removed from a project or disqualified from proposing
on a project.
7. Any other information that would assist us in making this award decision.
The firm would comply with the terms of engagement set forth in the Agreement
included with the Request for Qualifications for Legal Services.
Evidence of admission to the practice of law in the state of California, including
the various courts of admission for each of the firm's attorneys, is found in Attachment F.
The firm maintains a computerized conflict identification system to assure that
any matters handled by the firm do not present conflicts of interest to existing or potential
clients. In the event that the City assigns a matter to the firm, the firm will identify any
potential conflicts between the City and existing clients in the context of the assigned
matter before the firm accepts the assignment.
A list of representative public entity clients, including the individual attorneys
primarily responsible for representing those public entity clients, is included as
Attachment G.
III. Fee Structure
The hourly rates for all staff necessary to render the legal services set forth herein
are as follows:
a) $250 per hour for all partners;
b) $210 per hour for all other attorneys.
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Paralegal services, to the extent necessary, would be billed at the rate of $125 per
hour.
The firm would not bill the City for electronic or computerized research costs,
standard postage costs, telecopies, telephone costs, or in-house copying. The firm does
charge clients for actual costs of overnight or expedited deliveries, outside copies service
charges, and other similar extraordinary costs, subject to the prior approval of the City.
Rates would not be adjusted during the course of representation, except subject to
the prior approval of the City on a periodic basis, as deemed necessary.
The firm would be willing to consider alternatives to hourly billing, particularly
for code enforcement and routine matters. At this point, it is virtually impossible to
propose alternative methods for billing without consideration of the specific outside legal
service matters that may be referred to the firm from time to time.
6
am aty, of s oBispo
990 Palm San Luis Obisno CA
March 24, 2014
VIA FIRST CLASS MAIL
Fred Galante
Aleshire & Wynder LLP
1881 Von i arnian Avenue, Suite 1700
Irvine, CA 92612
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Galante:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Appellate Proceedings
Engineering, Design Professional and Construction Contracting Issues and Litigation
General Civil Litigation
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Very tr y yot
J. Christine Dietrick
City Attorney
So agreed:
1=re Gala to
3. FEE STRUCTURE
A. HOURLY RATES
We charge in l Och of an hour increments.
B. PUBLIC FINANCE
For public finance the fee structure shall be as follows: (i) For land based issues (i.e.
CFD, Assessment or Improvement Districts) one and one-half (1 %2) percent of the first $1
million executed and delivered; three-quarters percent of the next $4 million executed and
delivered; one-third percent of the next $10 million; one-eighth percent of the next $10 million;
and one-tenth percent of any amount over $25 million; subject to a minimum fee of Forty
Thousand Dollars ($40,000); or (ii) For all other financings the above schedule applies with a
25% discount. In the event that multiple series of bonds or notes are issued, the foregoing fee
schedule would be applied to each issue. Fees shall be contingent unless otherwise directed by
the client. If contingent, payment of the fees is entirely contingent upon the successful execution
and delivery of the bonds or notes to be payable on or after delivery except for out-of-pocket
expenses. In addition to the foregoing, a fee of $6,000 may be charged if a tax opinion is
required. At the discretion of the City, City may choose a non -contingent structure in lieu of the
above schedule at the rate of $400 per hour on a blended rate for all attorney time incurred.
C. REIMBURSEABLE EXPENSES
REIMBURSEABLE COSTS
Mileage Current IRS rate ($.56)
Reproduction Charges 1 $.20 per page
The Firm will incur various costs and expenses in performing legal services. These costs
and expenses are separately billed to the client and include fees fixed by law or assessed by
public agencies, litigation costs including deposition, reporter fees, and transcript fees,
messenger and other delivery fees, postage, photocopying (charge of twenty cents ($.20) per
page) and other reproduction costs, staff overtime when necessitated and authorized by the
client, and computer-assisted research fees when authorized by the client, all based on the actual
and reasonable cost (mileage, reproduction and other costs are periodically adjusted in
accordance with the Firm's actual costs).
Travel costs including mileage (current IRS rate), parking, airfare, lodging, meals, and
incidentals are charged in connection with administrative or judicial proceedings, or when
traveling outside of Los, Angeles, Riverside or Orange Counties. Travel time may also be
09999/0014\151167.02 -42-
HOURLY RATES
Sr. Partner 215.00 per hour
Partner 205.00 per hour
Associate 190.00 per hour
Paralegal/Law Clerk 120.00 per hour
Document Clerk 50.00 per hour
We charge in l Och of an hour increments.
B. PUBLIC FINANCE
For public finance the fee structure shall be as follows: (i) For land based issues (i.e.
CFD, Assessment or Improvement Districts) one and one-half (1 %2) percent of the first $1
million executed and delivered; three-quarters percent of the next $4 million executed and
delivered; one-third percent of the next $10 million; one-eighth percent of the next $10 million;
and one-tenth percent of any amount over $25 million; subject to a minimum fee of Forty
Thousand Dollars ($40,000); or (ii) For all other financings the above schedule applies with a
25% discount. In the event that multiple series of bonds or notes are issued, the foregoing fee
schedule would be applied to each issue. Fees shall be contingent unless otherwise directed by
the client. If contingent, payment of the fees is entirely contingent upon the successful execution
and delivery of the bonds or notes to be payable on or after delivery except for out-of-pocket
expenses. In addition to the foregoing, a fee of $6,000 may be charged if a tax opinion is
required. At the discretion of the City, City may choose a non -contingent structure in lieu of the
above schedule at the rate of $400 per hour on a blended rate for all attorney time incurred.
C. REIMBURSEABLE EXPENSES
REIMBURSEABLE COSTS
Mileage Current IRS rate ($.56)
Reproduction Charges 1 $.20 per page
The Firm will incur various costs and expenses in performing legal services. These costs
and expenses are separately billed to the client and include fees fixed by law or assessed by
public agencies, litigation costs including deposition, reporter fees, and transcript fees,
messenger and other delivery fees, postage, photocopying (charge of twenty cents ($.20) per
page) and other reproduction costs, staff overtime when necessitated and authorized by the
client, and computer-assisted research fees when authorized by the client, all based on the actual
and reasonable cost (mileage, reproduction and other costs are periodically adjusted in
accordance with the Firm's actual costs).
Travel costs including mileage (current IRS rate), parking, airfare, lodging, meals, and
incidentals are charged in connection with administrative or judicial proceedings, or when
traveling outside of Los, Angeles, Riverside or Orange Counties. Travel time may also be
09999/0014\151167.02 -42-
3. FEE STRUCTURE
charged in connection with such proceedings. In addition, the client will be responsible for
paying the fees of consultants and other outside experts who are retained after consultation with
the client. For work requiring us to go to San Luis Obispo City Hall, we would waive the
mileage costs.
D. TRAINING COSTS
The Firm will provide training at the applicable billing rate for the time spent at the
training and no preparation time will be billed, unless the issue is for a unique area of law
requested by the City.
E. RATE ADJUSTMENTS
The Firm does not include any rate adjustments in the proposed services agreement. Any
increases will be at the City Council's discretion. The Firm will not seek any increases to the
proposed rates for 2 years.
F. PAYMENT
The monthly billing statements for fees and costs shall indicate the basis of the fees,
including a detailed and auditable breakdown of the hours worked, the billable rates charged and
description of the work performed. All bills are expected to be paid within thirty (30) days of the
date of the billing statement. In the event any statement remains unpaid for more than thirty (30)
days after the date of the statement, interest thereon at the rate of ten percent (10%) per annum
shall be due and payable thereafter on the unpaid balance.
09999/0014\151167.02 -43-
A city of sAnoluis oBi SPO
11MN7NEda8UMUV 990 Palm Street, San Luis Obispo, CA 934
March 21, 2014
VIA FIRST CLASS MAIL
Alvarez Glasman & Colvin
Attn: Andrew L. Jared
13181 Crossroads Parkway North
Suite 400 — West Tower
City of Industry, CA 91746
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Jared:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Code Enforcement
Conflict Counsel
Criminal Procedure
General Municipal Services
Water Rights
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
XChristilne
ours.
jP
Dietrick
City Attorney
So a =reed:
AnOrew L. Jared'
t
I1I. FEE STRUCTURE
AGC provides its clients with the highest value legal services at rates that are reasonable.
Located in a suburb of Los Angeles, we do not pass on the cost of premium rents to our clients.
Even with our reasonable rates, AGC clients still receive top-notch legal services. AGC's business
approach is to provide clients with high quality legal services at reasonable hourly rates. Our
clients receive the benefit of "big firm" quality work product at reasonable "boutique" or small law
firm prices. Working with public agencies on a daily basis, AGC understands that public agencies
are looking to provide their constituents with the best value for their dollar.
Hourly rates for our Attorneys are quoted below based on the following classification of
attorney level:
Senior Partners: Arnold M. Alvarez-Glasman, Roger Colvin
Partners: Andrew L. Jared, Vincent Ewing, Scott Nichols, John Lam
Senior Associates: Lisa Elliott, Sharon Medellin, Teresa Chen, Richard Lam
Associates: Christopher Cardinale, Allyssa Wickstrom, Jeffery Elder
Paralegal/Law Clerk: Denise Banks, Sergio Ordaz, Vanessa Segura, Jose
Montoya
We propose the following hourly rates for the various areas of law described in the RFQ:
Non -litigated Advisory Services in areas ofcommon-law claims and tort matters (premises
liability, personal injury and defamation), Administrative Law, Constitutional Law,
Criminal Procedure, Engineering/Design Professionals, Construction Contracting
Construction Delay Claims), Construction Contracting (Construction Defects), General
Municipal Services, Pitchess Motions:
185/Hour Senior Partners
150/Hour Partners
150/Hour Senior Associates
150/Hour Associates
120/Hour Paralegal/Law Clerk
Alvarez-Glasman & Colvin Response to Request for Qualifications
City of San Luis Obispo
22
2. Services performed in Litigated Matters of common-law claims and tort matters (premises
liability, personal injury and defamation), Administrative Law, Affordable Housing, Code
Enforcement, Constitutional Law, Criminal Procedure, Engineering/Design
Professionals, Construction Contracting (Construction Delay Claims), Construction
Contracting (Construction Defects), General Municipal Services, Pitchess Motions; and
Non -litigated Advisory Services in matters of Code Enforcement, Employment Law,
Eminent Domain/Inverse Condemnation, Labor Law, Environmental Law
advisory)(Federal and State Regulatory Issues, Endangered Species, Clean Air Act, Clean
Water Act), Financial Services, Elections Law, Land Use issues (including CEQA, wireless
communications land use, and regulatory issues), and Real Property:
250/Hour Senior Partners
200/Hour Partners
185/Hour Senior Associates
175/Hour Associates
120/Hour Paralegal/Law Clerk
Services performed in regard to Appellate Proceedings and Water Rights; and Litigated
Matters of Affordable Housing, Employment Law, Labor Law, Eminent Domain/Inverse
Condemnation, Environmental Law (Litigation)(Federal and State Regulatory Issues,
Endangered Species, Clean Air Act, Clean Water Act), Financial Services, Elections Law,
Land Use issues (including CEQA, wireless communications land use, and regulatory
issues), Real Property and Water Rights.
300/Hour Senior Partners
275/Hour Partners
250/Hour Senior Associates
225/Hour Associates
120/Hour Paralegal/Law Clerk
Additional Billine Items and Method
Motor vehicle travel to and from San Luis Obispo included in the hourly rates quoted above; travel
to and from the City of San Luis Obispo will not be charged by AGC.
Postage, phone, and out of pocket expenses are forwarded at cost; travel by air required for City
business is forwarded with reimbursement at cost.
AGC provides an itemized billing statement once a month with a complete listing of all services
rendered and costs advanced. We work cooperatively with clients to provide a clear,
Alvarez-Glasman & Colvin Response to Request for Qualifications
City of San Luis Obispo
23
comprehensive billing statement. Attorneys bill at .10 hour increments with no minimum amount
per task.
AGC proposes a 3% increase annually, to be implemented on the first full month following the
first anniversary of the execution of agreement for legal services between the City and AGC.
AGC is amenable to flat -fee or fixed price representation on select matters, subject to negotiation.
AGC prides itself on working with our clients to achieve cost-effective billing rates and to engage
in practices that maximize our clients' dollars. The foregoing rates are subject to negotiation and
revision should the City believe that an alternate arrangement would be favorable.
Alvarez-Glasman & Colvin Response to Request for Qualifications
City of San Luis Obispo
24
34
FEE STRUCTURE
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 $295/Hour
Senior Associates - (More than six years of
experience)
250/Hour
Associates - (Less than six years of experience) $225/Hour
Paralegals $140/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
ATKINSON. FARASYN, LLP
ATTORNEYS AT LAW
660 WEST DANA STREET
REPLY TO: P.O. BOX 279 J.M. ATKINSON (1892-1982)
VALERIE J. ARMENTO MOUNTAIN VIEW, CALIFORNIA 94042 L.M. FARASYN (1915-1979)
TELEPHONE (650) 967-6941
VALERIEARMENTO@YAHOO.COM FACSIMILE (650) 967-1395
SAN LUIS OBISPO LEGAL SERVICES ON-CALL OUTSIDE COUNSEL PROPOSAL
1.Forms
Required forms are enclosed.
2.Qualifications
Ms. Armento and Mr. Hynes have many years of experience in the enumerated practice
areas. Their resumes are attached for reference. A firm resume is also attached, however
it is anticipated that all projects assigned will be personally performed by Ms. Armento
and/or Mr. Hynes. Both of these individuals have extensive experience serving as co-
counsel with in -house counsel. The firm currently serves in this capacity for the City of
Cupertino and has done so for several years.
Neither the law firm nor any of its members had ever been removed from a project or
disqualified from proposing on a project as confirmed by the attached Statement of Past
Contract Disqualifications.
3.Fee Structure
Services shall be provided at the rate of $200 per hour. While it is anticipated most
assignments would not require travel to San Luis Obispo, in the event travel is required to
and from the City by consultants, travel time will be billed at the rate of $100 per hour.
Adjustment of the foregoing rates will be made, if at all, upon the occasions of contract
renewal as set out in paragraph 2 of the Form of Agreement appearing as Section D in
City's request for proposals. It has been our experience that the types of services desired
do not lend themselves to a fixed price. However, depending upon the type of work
desired, consultants are open to negotiating price ceilings.
23
IV.
FEE STRUCTURE
BB&K has a longstanding commitment to the efficient and cost-effective delivery of legal
services. We typically bill at standard hourly rates, which vary for each attorney. Because of the
different services our team members may provide, we are proposing blended rates for various kinds
of legal work.
A.Hourly Rates
For General Municipal Law matters, which include administrative law, constitutional law,
labor and employment law, land use and real property $295 per hour for partners and of counsel and
225 per hour for associate. For specialty law, including water, construction , conflicts counsel,
Penal Code issues, elections law, eminent domain, financial advice, affordable housing and
benefits/pension programs $365 per hour for partners and of counsel and $285 per hour for
associate. Any litigation or appellate proceedings will be billed at $320 per hour for partners and of
counsel and $250 per hour for associates.
Paralegals may be utilized in order to help contain costs. For “general municipal law”
matters, the hourly rate for paralegals is $150 per hour. For “specialty law” matters and “litigation
and appellate proceedings” matters, the hourly rate for paralegals is $165 per hour.
B.Reimbursable Legal Fees
Legal services provided to the City for which the City receives reimbursement (i.e., from a
developer or other third party), would be billed at BB&K’s then current published standard private
client rates, minus ten percent (10%).
C.Administrative Charges and Travel Costs
Miscellaneous expenses are covered by a standard administrative charge, currently set at 4%,
which covers the cost of routine photocopying, regular mail postage, telecopy charges and other
expenses. Costs specific to your matter such as investigation and filing fees, process server fees,
required costs of travel, out-of-town lodging and meals, mileage at the current IRS-approved rate
per mile, courier and express delivery and mail services, deposition and court reporter fees,
computerized legal research, major photocopying, conference calls and staff overtime, as needed, are
itemized and will appear on your monthly statement at cost as separate items.
Travel costs are proposed at the rate of $180 per hour for any attorneys that require travel
for city meetings. Linda will not charge for travel time. We also would discuss with you how we can
take advantage of some of the firm’s capabilities – including high definition video conferencing and
secure client portals – in order to provide services more cost-effectively.
D.Billing
Our fees for legal services are based on the total amount of time expended on all work
necessary to your representation, multiplied by the applicable hourly rate then in effect. Hourly rates
are set to reflect the skill and experience of the attorney or other legal personnel rendering services
on your behalf. Time is accrued on an incremental basis in minimum increments of 0.1 hours.
24
E.Cost-Of-Living And Other Adjustments
We are happy to discuss mutually agreed upon adjustments whenever necessary. In addition,
on July 1, 2014 and each July 1st thereafter, all hourly rates or flat fee amounts would be increased
by the percentage change in the Consumer Price Index for the prior calendar year (e.g. 2012 on July
1, 2013).
F.Alternative Fee Arrangements
BB&K recognizes that there is no “one-size-fits-all’ compensation arrangement. Therefore
we welcome the opportunity to discuss alternative fee arrangements such as:
1.Fixed Retainers
Fixed monthly retainers for defined services such as advice, research, attendance at meetings,
etc.
2.Fixed Budgets for Litigation Phases
Budgets with hard caps for different phases of litigation, e.g., pleadings, discovery, trial
preparation, trial, appeals, etc.
RFP Response from Brownstein Hyatt Farber Schreck
Page 17
FEES AND COSTS
Hourly Rates
Brownstein’s fees are based primarily on the actual amount of time spent by our attorneys, paralegals,
law clerks and specialists in performing services for our clients. The following table presents the specific
hourly rates proposed for the City of San Luis Obispo, which are discounted from our standard hourly
rates as a reflection of our long relationship with the City. For shareholders, the rate proposed for the City
represents a discount of between $125 and $255 per hour off our standard hourly rates.
Attorney Name Attorney Level Primary Practice Area(s)
Discounted
Hourly
Rates
Eric Berg Shareholder Litigation $450
Peter N. Brown Shareholder Natural Resources / Public
Agency $450
Beth Collins-Burgard Shareholder Natural Resources / Public
Agency $410
Courtney Davis Associate Natural Resources $285
Stephanie Hastings Shareholder Natural Resources $420
Dylan Johnson Associate Natural Resources / Public
Agency $245
Michael McGinnis Shareholder Finance / Bond $420
Lisabeth Rothman Shareholder Natural Resources $450
While we have identified an initial team based on our understanding of the City’s operations, we have the
bench-depth to adjust the personnel assigned to any particular objective or project to ensure the optimal
likelihood of success. Every member of our team has unique capabilities and can provide valuable
expertise. We will remain nimble and responsive to the City’s needs. Our practice is to utilize the
resources of any firm member who we believe can benefit the City.
Standard hourly rates for paralegals and law clerks who may be added to the team range from $150 to
200. We will assign those professionals with the knowledge and experience that most closely match a
particular legal matter objective.
Alternative Fee Structures
Brownstein has successfully developed fixed fee rates on a project specific basis. This approach has
been especially effective in the public finance area, where we work with clients to develop fixed fees for
specific financing events.
Brownstein is willing to explore alternative fee pricing structures with the City on a project-by-project
basis. These might include fix/flat fees, blended billing rates, and value-based billing. Our firm has used
each of these arrangements quite successfully with our clients. Typically, we work with our clients to
design alternative fee arrangements after developing a clear understanding of the needs and
expectations for the specific project.
Adjustment of Fees
Our hourly rates are normally adjusted annually with 30 days’ notice to the City.
RFP Response from Brownstein Hyatt Farber Schreck
Page 18
Costs
For the City of San Luis Obispo, we will waive our standard administrative charge for long distance
telephone calls, facsimile charges, in-office copying, ordinary postage and deliveries made by in-house
staff are covered by an administrative fee.
However, other fees and certain out-of-pocket costs incurred by our firm in representing the City, such as
computer-assisted legal research and third party vendor fees will be itemized and billed separately at
cost. Third party vendor fees include: notary fees, consultant fees and costs, investigative costs,
professional mediator fees and costs, arbitrator and/or special master fees and costs, outside document
copying, transcript production, overnight delivery service charges, travel, meals and hotel
accommodations. We will not incur any major external expenses on your behalf without your prior
approval.
Statement of Qualifications to Provide On -Call Page 20
Outside Counsel to the City of San Luis Obispo
RATES
We believe that the rates quoted below are reasonable and competitive.
Hourly Rates
Staffing Hourly Rate
Partners $285
Manuela Albuquerque $325
Associate Attorneys $260
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 annual adjustment upo n 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 routinely charge our clients for our direct out -of-pocket expenses and costs incurred in
performing the services. These costs and expenses commonly include such items as
reproduction of documents, facsimile, mileage reimbursement for travel at the IRS approved
rate, and other costs reasonably and necessarily incurred in performing services for the 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 may be adjusted
annually.
Expense Rate
In-house reproduction charges
black and white 20¢ per page
color $1 per page
Mileage 56.5¢ 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
Statement of Qualifications to Provide On -Call Page 21
Outside Counsel to the City of San Luis Obispo
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 incurred
during the prior month.
CONCLUSION
Burke has enjoyed representing the City and would very much like to continue this valued
relationship. Our firm has the experience, dedication, and resources to serve the City's needs
ethically, efficiently, and cost -effectively. We believe our expertise of our proposed team and
support resou rces, and our ability to provide services efficiently are unmatched. We will be
happy to provide you with any additional information you require about our firm and welcome
the opportunity to meet face -to-face to discuss Burke’s capabilities and readiness to represent
the City of San Luis Obispo . We appreciate your consideration of our proposal.
city of sAnoBispogoal. Iowa 990 Palm Street, San Luis Obispo, CA 934
March 21, 2014
VIA FIRST CLASS MAIL
Heather K. Whitham
Carmel & Naccasha LLP
1410 Marsh Street
San Luis Obispo, CA 93401
Re: Request for Qualifications for Outside Counsel Services
Dear Ms. Whitham:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Code Enforcement
Criminal Procedure
General Municipal Services
Land Use issues and litigation, including California Environmental Quality Act and
litigation and wireless communications land use regulatory issues
Real Property
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Vc rt -ours.
J. Christine Dietrick
City Attorney
So agreed:
Heather K. Whitham
Ms. Christine Dietrick
Page 7 of 8
December 9, 2013
Fees
C&N has a government rate of $165 per hour for
hourly government rate for attorneys representing the
hour. The rate for C&N's paralegals is $95 per hour.
CARMEL & NACCAsHA LLP
attorney fees for general advice. The
City in litigation matters is $185 per
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.
Insurance•
C&N maintains the following insurance policies:
Type: Insurer:
Worker's Preferred Employers Insurance
Compensation Policy No. ANN1486171
Insurance
Liability Insurance Sentinel Insurance Co.
Policy No. 51SBAAB4752
Professional Liability Professional Solutions
Employment Practices PSIC Insurance Company
Policy No. 7040009
Limits:
i,000,000 each accident
2,000,000 general aggregate
2,000,000 product
1,000,000 personal and advertising
injury
1,000,000 employee benefits
1,000,000 non-owned/hired auto liability
2,000,000 per claim
2,000,000 aggregate
If C&N is selected to provide professional legal services to the City, C&N will procure
and maintain for the duration of the contract insurance as required in Section F of the request
for proposals.
Thank you for the opportunity for C&N to submit this proposal offering our professional
legal services. As we have previously discussed, this is a small county and our firm necessarily
represents clients who may have interests that are adverse to those of the City. We strive to
work with the City in amicably resolving these matters and our record shows that we are fairly
successful in doing so. As part of any contractual arrangement that is reached between the City
and C&N, we will need to satisfactorily address conflicts of interest.
123594.1
Senior Counsel
9-year lawyers
8-year lawyers
7-year lawyers
6-year lawyers
5-year lawyers
4-year lawyers
3-year lawyers
2-year lawyers
1st-year Lawyers
Paralegals
Legal Assistants
Proposal to City of San Luis Obispo
December 27, 2013
Proposed Rates
325 per hour for advisory work; $350 for litigation
320
310
305
295
270
255
245
215
195
145
110
Seniority of Team Members in January 2014
Michael G. Colantuono Senior Counsel
Scottli.liovvard Senior Counsel
liolly 0. Whatley Senior Counsel
Teresa L. llighsmith Senior Counsel
Jennifer L. Pancake Senior Counsel
Michael B. Allderdice Senior Counsel
Amy C. Sparrovv billed as 9-year lavvyer
Lance W. Shoemaker billed as 9-year lavvyer
David J. Ruderman 8-year lavvyer
Tiana J. Murillo 7-year lavvyer
Michael R. Cobden 6-year lavvyer
Ryan T. Dunn 5-year lavvyer
Leonard P. Aslanian 3-year lavvyer
Jon R. diCristina 3-year lavvyer
Matthevv T. Summers 3-year lavvyer
123594.1
A city of sAn Luis oBispo
09me 990 Palm Street, San Luis Obispo, CA 93401-3249
March 21, 2014
VIA FIRST CLASS MAIL
Law Office of Stephen J. Densmore
520 South Sepulveda Boulevard, Suite 310
Los Angeles, CA 90049
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Densmore:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Engineering, Design Professional and Construction Contracting Issues and Litigation
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
XY-ery yours,
ne Dietrick
City Attorney
So agred:
Stephen J. ifensillore
Hotels
Ritz Carlton Rancho Mirage
Beverly Hills Hotel Remodel
Beverly/Wilshire Hotel Remodel
Industrial
Coca Cola Wastewater Treatment System Facility
Perris Industrial Complex
Churches
Shepherd of the Hills Church Expansion
C. Resume
All services covered by this Proposal would be performed solely by Mr. Densmore. A
copy of Mr. Densmore's resume is attached hereto as Exhibit "A."
D. Co -Counsel
Proposer is experienced in acting as co -counsel with general counsels for both public
and private entities.
In the area of public project contracting, Mr. Densmore has served as special / outside
counsel reporting to (1) the Office of General Counsel for the Los Angeles Community College
District, (2) the Office of County Counsel for the County of Riverside, and (3) the Office of City
Attorney for the City of Santa Monica.
In the area of private project contracting, Mr. Densmore has served as outside counsel
under the direction of corporate/in-house counsel for (1) one of the nation's largest retail
shopping center investment trusts (The Macerich Company), (2) one of the nation's largest
home builders (KB Home), and (3) one of the nation's largest multi -family housing developers
Equity Residential).
III. FEE STRUCTURE
Proposer's proposed hour rate is $350/hour. All services are performed by Mr.
Densmore, personally; there will be no fees or charges for other attorneys, associates, contract
counsel, or staff.
Reimbursable expenses include travel costs and subsistence while staying in the City of
San Luis Obispo while on assignment for the City; provided, however, that recognizing Proposer
does not maintain an office nearby to the City, Proposer proposes to not charge travel or
subsistence expenses for up to twelve (12) trips annually to the City's offices.
Proposer's hourly rates are fixed and not subject to escalation for the duration of the
Proposer's contract term. Fixed fees for limited scope assignments can be provided on request.
Law Office of Stephen J. Densmore Page 5
city of sAn lois oBi SPO
1 -3249990PalmStreet, San Luis Obispo, CA 93401
March 21, 2014
VIA FIRST CLASS MAIL
Michael L. Farley
Farley Law Firm
108 West Center Avenue
Visalia, CA 93291
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Farley:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
General Municipal Services
Real Property
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities,
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Very to yours,
J. Christine Dietrick
City Attorney
So agreed:
4
Michael . Farley
FEE STRUCTURE
a. Hourly rate:
1. For all non -litigation services, we would charge $175.00 per hour for
Mr. Farley's and Mr. Diaz' services. These rates represent one-half of our normal
hourly rate. We generally charge public entities at a substantially reduced rate
and we would do so in this matter if our services are retained by the City of San
Luis Obispo.
2. Our firm would charge an additional amount for all litigation cases and
matters that are incidental to litigation (such as personnel hearings, potential
litigation, etc.). For these services, our law firm charges Mr. Farley and Mr. Diaz
at the rate of $185.00 per hour. Additionally, other staff member's hourly rates
would be as follows: Paralegal: $25.00 to 75.00.
3. The firm bills at a minimum of one-tenth of one hour.
b. Expenses
There is no charge for mileage to and from our office and the City of San
Luis Obispo. If we are required to travel outside the City of San Luis Obispo, we
charge $.35 per mile. Photocopies are charged at $.15 per page. Fax charges
are charged at $1.00 per page for transmitting. There is no charge for receiving
faxes. Westlaw /Lexis charges are charged at the rate incurred plus usage time.
C. Rate adjustments
None are contemplated at this time.
d. Alternatives to hourly billing
We would consider flat rate billing as an alternative to hourly billing,
however, flat rates are generally difficult to estimate.
AL1 N City,
990 Palm Stree,
0 SAn93401-3249
tuis
March 21, 2014
VIA FIRST CLASS MAIL
Barbara E. Kautz
Goldfarb Lipman
1300 Clay Street, I Ith Floor
Oakland, CA 94612
Re: Request for Qualifications for Outside Counsel Services
Dear Ms. Kautz:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Appellate Proceedings
Affordable Housing Development
Real Property
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
City Attorney
S -eed:
Barbara E. Kautz
Goldfarb & Lipman LLP
L-1
990051\1\1409334.1
EXHIBIT L
FEE STRUCTURE
The work to be performed by Goldfarb & Lipman for the City would be based on a contract
arrangement with the hourly fees as set forth below.
Partners $260-280
Associates $165-200
Senior Law Clerks $140
Law Clerks $125
Project Coordinators $125
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.
Goldfarb & Lipman does not charge for word processing services. Mileage for travel on behalf
of the client is charged at the per mile rate published by the US Internal Revenue Service.
Reimbursable expenses that will be billed at cost by Goldfarb & Lipman include application,
filing and similar fees required by third parties; delivery charges other than by first class United
States mail; Lexis research fees.
If rates are to be adjusted during the course of representation, the method for such
adjustment should be described.
Rates are typically fixed for each matter requested by the client. Goldfarb & Lipman reviews
rates on an annual basis, and if a new matter is requested, fees may be increased to meet current
rates. Fee increases may be requested for matters which extend over a period of more than two
years.
Provide alternatives to hourly billing, including fixed price representation.
Goldfarb & Lipman may agree to fixed price representation for specific matters where the cost
can be determined before the representation begins.
city of SM OBISPO
990 Palm Street, San Luis Obisno CA 934
March 21, 2014
VIA FIRST CLASS MAIL
Andre de Bortnowsky
Green, de Bortnowsky & Quintanilla LLP
41750 Rancho Las Palmas Drive, Suite P-1
Rancho Mirage, CA 92270
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. de Bortnowsky:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Administrative Law
Affordable Housing Development
Code Enforcement
Conflict Counsel
Eminent Domain and Inverse Condemnation
Finances 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
litigation and wireless communications land use regulatory issues
Real Property
Water Rights
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Ver trul yours,
J. Christine Dietrick
City Attorney
So agreed:
Andre de Bortnowsky
Redevelopment Successor Agencies
Cathedral City Redevelopment Successor Agency
Rancho Mirage Redevelopment Successor Agency
Redwood City Redevelopment Successor Agency
Victor Valley Economic Development Authority
Victorville Redevelopment Successor Agency
Glendale Oversight Board
Other Public Agencies
Coachella Valley Mosquito and Vector Control District
Joint Public Finance Authority (Victorville)
Murrietta Valley Cemetery District
Orange County Cemetery District
Palm Springs Cemetery District
Palm Springs Desert Resorts Convention and Visitors Authority
Palm Springs Modernism Week
Rancho Mirage Housing Authority
Southern California Logistics Airport Authority
Southern California Logistics Rail Authority
Southern Coachella Valley Community Services District
Temecula Public Cemetery District
Victorville Water District
F. FEE SCHEDULE
1. COMPENSATION AND BILLING PRACTICES
The Firm proposes to provide the subject services with the following fee structure:
Senior Attorneys - $195.00
Junior Attorneys - $175.00
Paralegals - $150.00
Senior attorneys are those whose experience, training and/or abilities merit, in the Firm's
opinion, designation as a senior attorney. Junior attorneys are those lawyers within the Firm who
have significant knowledge and ability but who have a lesser degree of experience. Senior
attorneys in the Firm are Mr. Green, Ms. Mizrahi, Mr. de Bortnowsky, Mr. Quintanilla, Ms.
Taguchi, and Mr. Hermsen. The Firm determines on an annual basis which attorneys receive the
designation of senior attorney.
The Firm will bill the San Luis Obispo at these rates for all services, including basic
general and special services. The Firm has one fee structure and does not charge a higher rate
for "special services." The Firm is also willing to negotiate fixed price representation on specific
matters depending on the scope of such matters.
City ofSan Luis Obispo
Request for Outside Legal Counsel Services
24
2. EXPENSE REIMBURSEMENTS
The expense reimbursement policy of the Firm is as follows:
Mileage: Charged at the rate then in effect for permitted
reimbursement by the Internal Revenue Service.
Document reproduction: 28 cents ($0.28) per page
Faxes (Incoming and Outgoing): $1.00 per page (incoming and outgoing)
Charges from third parties relating to the City's business will be passed through to the City at
the actual charge and without any premium. The expense reimbursement schedule is subject to the
same annual review process as applies to the Firm's hourly rate structure. The Firm does not propose
to charge for routine travel time (i.e. billable attorney lime) between the Firm's offices and San Luis
Obispo City Hall.
CONCLUSION
Please accept the Firm's gratitude of providing the Firm the opportunity to provide the City
of San Luis Obispo with the highest possible level of legal services at a reasonable cost, and
providing a level of responsiveness and accessibility that the City cannot receive elsewhere. If you
should have any questions with regard to the contentsof this proposal, or would like any further
response, we would be pleased to respond.
We appreciate your consideration of Green, de Bortnowsky & Quintanilla, LLP, for the
provision of special counsel services to the City of San Luis Obispo.
Respectfully submitted,
GREEN, de BO ^_ OW, Y & QUINTANILLA, LLP
Andre de Bortnowsky
AdB:law
City ojSon Luis Obispo
Request for Outside Legal Counsel Services
25
MAR 2 5 2014
March 21, 2014
HI TT & CONNELY
VIA FIRST CLASS MAIL
Clayton Hall
Hall, Hieatt & Connely, LLP
1319 Marsh Street, Second Floor
San Luis Obispo, CA 93401
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Hall:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
General Civil Litigation
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
5 The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Very lrul yours,
Christine Dietrick
City Attorney
HALL, HIEATT & CONNELY, LLP
BILLING RATES
Instead of charging one rate for litigation and a much higher "premium" rate for employment
matters, Hall, Hieatt & Connely, LLP is proud to offer its public entity clients a blended rate for its legal
services.
Our legal fees are charged in increments of one tenth of an hour. The hourly billing rates are $180
for Partners; $170 for Associates; and $105 for Paralegals.
The firm is sensitive to its clients' needs for effective, cost efficient representation. Increases in the
firm's rates are not an annual event. in fact, in January 2009, the firm, cognizant of the tough economic
climate, purpose declined to raise rates. We strive for a transparent, responsive billing structure that fosters
reasonable rates and lasting relationships. We discuss costs and alternatives in advance of expenditures,
and encourage our clients to contact us with questions.
In addition to paying legal fees, Client is requested to reimburse firm for all costs and expenses
incurred by firm, including but 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, in-house photocopying at $0.20 per page, parking, mileage at $0.55 per mile, investigation
expenses, consultants' fees, expert witness fees and other similar items.
We take our position as officers of the court seriously and endeavor in all our professional
relationships to create an atmosphere of collegiality and respect. Service to our clients is our first priority.
We strive to protect, advance, and advocate aggressively on behalf of our clients and their interests in the
most cost effective manner. Our goal is to be a problem -solver for each client. Once we know our client's
objective, we identify and explain the relevant legal alternatives and develop a litigation strategy. We
t
recognize the value of clear communication of a client's position and the need for aggressive and
immediate action, when necessary. We take pride in our professional reputation and our record of favorable
results for our clients.
Page Two
August 8,2013
Roy Hanley and Dave Fleishman are free to serve as On-Call Outside Counsel
for the City of San Luis Obispo and their professional commitments will not prevent
them from doing so for the foreseeable needs of the City. Neither principal of Hanley
Fleishman, LLP is aware of any potential conflicts of interest between its existing
or past clients and the City. Each attorney has a practice greatly limited to working
for public entities and does not represent private entities against municipalities. We
propose that each of us will be able to serve on-call on the following areas of practice
identified in your Notice: Administrative Law, Conflict Counsel, Constitutional Law,
Elections Law, General Civil Litigation, General Municipal Services, Land Use Issues
and Real Property. Dave Fleishman is also available to handle Employment Issues and
Litigation Labor and Employment and Benefits Programs. Roy Hanley has handled
over 500 code enforcement matters and is available to handle code enforcement on an
on-call basis.
PROPOSAL
Hanley & Fleishman, LLP proposes to provide legal services to the City upon
the following terms:
The principals propose to supply on-call legal services at an hourly rate of
175 per hour for attorney time and $85 per hour for paralegal time. We will not
charge for regular in house copy charges, or telephone toll charges. We will not seek
reimbursement for conferences we attend to fulfill our continuing legal education
requirements, nor will we charge for law library expenses such as case and code
reporters. We will seek reimbursement for court costs and normal litigation expenses
if any are incurred. We will not seek reimbursement for mileage. We will not charge
for travel time to and from San Luis Obispo. We will charge for time traveled if
required to travel outside of the City of San Luis Obispo on City business.
We would be willing to explore a fixed price for a designated minimum
number of hours. For instance, if the City feels it needs us for a minimum of forty
hours per month for on-call services we would agree to charge the City a base charge
of $6,600.00 per month with any time in excess of forty hours to be charged at the rate
of $175.00 per hour. This is, effectively, a discount of $400.00 per month for the first
forty hours.
Mr. Hanley and Mr. Fleishman have been City Attorneys or Assistant City
Attorneys for many years in a wide range of cities and each has also served special
districts. Mr. Fleishman also has extensive experience in the personnel area, including
effective counseling regarding employment issues, ADA issues, FLSA issues,
workers' compensation matters, personnel rules and police officer personnel matters.
Mr. Hanley has served King City first as an Assistant City Attorney and then as City
al_:
30
Fee Schedule
We realize public agencies have been faced with budget cuts and other financial constraints,
and we are sensitive to the fact that our hourly rates are often higher than some of our
competitors'. That is why 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. Our clients
consistently report that, though our hourly rates are higher, our total billings are often much less
than firms with lower hourly rates. We also work hard to ensure predictability in our billing,
providing detailed and accurate budgeting at the outset of a new assignment, with regular
updates if and when the scope or nature of an assignment changes. With all that in mind, we
propose the following hourly rates.
Title Standard Rates Proposed Rates
Partner, Counsel, Of Counsel $420-$595 $380
Senior Counsel $420-$440 $355
Associate $280-$380 $290
Paralegal $165-$240 $190
In addition, we are open to discussing alternative billing arrangements in individual
assignments. For example, flat fees, partial-contingency fees, or budget caps with value
incentives may be appropriate in some matters.
Finally, though it is often a relatively small portion of the cost of an assignment, we do not
believe that the City should pay a premium to hire lawyers who work in San Francisco. As a
result, we will not charge for our travel time or costs when traveling to and from San Luis
Obispo.
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issues and claims of discrimination, harassment, retaliation and wrongful termination.
Ms. Hong’s practice encompasses individual as well as class action suits.
d. Resumes of the individuals who would be performing services
Complete attorney biographies can be found in Appendix A.
e. Experience in having a co-counsel relationship with in-house counsel
We understand that a sound and robust knowledge of our client is a core component of our
ability to obtain results favorable to management. As such, the City of the San Luis
Obispo/Jackson Lewis team will develop and cultivate a deep understanding and familiarity
with the City’s internal structure, expectations, litigation, problem-solving strategies, and
preferred communication style. If chosen to represent the City, we propose to begin our
relationship with early and frequent communication. We will regularly meet to discuss our
performance with City’s in-house legal team and will continue to enhance quality control. We
would also welcome the chance to annually review all matters as well as discuss upcoming
changes planned by the City and legal trends we anticipate in the upcoming year. Ultimately, it
is our goal to work seamlessly with City’s internal staff to become extensions of your legal
department, assisting you in whatever capacity is required.
f. Statement and explanation of any instances where your firm has been removed from
a project or disqualified from proposing on a project
We are not aware of any instances where the firm has been removed or disqualified from
proposing on a project.
g. Any other information that would assist us in making this award decision
The attorneys proposed in Section 2c each work out of Jackson Lewis’ San Francisco office.
Given the Central Coast location of the City, the firm can, upon request, also offer public sector
specialists who work out of its Southern California offices at the same reduced, blended rates
provided in Section 3a below.
3. Fee Structure
a. Provide information on the hourly rates for all staff that would be necessary to render
services
Attorney Name Title Standard
Hourly Rate
City of San Luis Obispo
Reduced Rate – Legal Services
Todd Simonson Partner $410 $315
Cepideh Roufougar Partner $380 $315
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Kathleen Maylin Partner $515 $315
Keahn Morris Associate $295 $245
Alison Hong Associate $290 $245
b. 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
We propose the following rates for the expenses: Clerical services - actual secretarial O/T;
paralegals - $125.00 an hour; copies - $.10 per page; outgoing faxes - $1.00 per page; incoming
faxes – no charge; mileage - $0.55 per mile; travel – actual charge; word processing – none
unless overtime; long distance calls – actual charge; postage – actual charge; computer/online
research – actual charge.
c. If rates are to be adjusted during the course of representation, the method for such
adjustment should be described
Jackson Lewis rates are reviewed on an annual basis. We will not increase rates for any matters
that are currently in progress during the pendency of matter.
d. Provide alternatives to hourly billing, including fixed price representation.
As a pioneer in the alternative fee arena, Jackson Lewis has long understood the need to create
highly-tailored, value-based fee arrangements that enhance collaboration, increase value and
provide cost certainty for our clients. Our attorneys have the insight derived from decades of
experience handling litigation, labor and benefits matters to manage your matters successfully
under such alternative fee arrangements. Key distinguishing solutions include:
Monthly flat-fee retainer at steeply-discounted hourly rates. Unused time can be
carried forward from month to month. Clients find the monthly retainer very helpful in
answering brief legal questions, as well as helping prevent future litigation.
Annual fee arrangements that provide a predictable cost stream throughout the year
and provide budget certainty.
Flat-fee and portfolio pricing. Examples include EEOC and state administrative charges
single rate or volume-based tiers); flat fees for NLRB hearings or defense of unfair labor
practice charges; project fees for contract negotiations, NLRB investigations, strike
preparation plans, vulnerability assessments in union organizing efforts and corporate
campaigns; employee benefit plan design or modification; internal audits (such as wage
and hour policies, OSHA compliance, immigration compliance, and investigation of
harassment claims); half-day and full-day rates for training; employee handbook and
policy reviews, and so on.
Capped fees. The firm bills hourly for our services up to a maximum dollar amount. Any
time spent on the matter after the cap is reached is not charged to the client.
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Phased fees for stages of litigation matters.
Volume discounts based on the total dollar amount billed in a given year. Discounts are
given in tiers, with larger percentage reductions based on higher total hourly-rate fees.
Blended rates. Creation of a single partner and associate rate on all matters handled by
the firm on an hourly basis, regardless of location.
Individually tailored combinations of the above.
ACityt, of SAn lois oBi SWAiia990PalmStreeSanLuisObispo, CA 93401-3249
March 24, 2014
VIA FIRST CLASS MAIL
Clare M. Gibson
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth Street, Suite 310
Oakland, CA 94607
Re: Request for Qualifications for Outside Counsel Services
Dear Ms. Gibson:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Appellate Proceedings
Engineering, Design Professional and Construction Contracting Issues and Litigation
Finances Services, Infrastruct m, 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
litigation and wireless communications land use regulatory issues
Please note that being placed on the on-call list does not obligate the City to assign any work
to your, firm or otherwise, prohibit the. City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Y
your,
e Dietrick
City Attorney
Request for Qualifications for Legal Services
Page 2
We Team With In -House Counsel
We look forward to working with the City Attorney's office. We are accustomed to
working collaboratively with sophisticated, knowledgeable in-house counsel for our public
agency clients. We will bring added value to the City Attorney's Office with the depth and
scope of our expertise in our areas of specialty. We also add value with the range and breadth of
our experiences with multiple agencies. An issue that is new to the City may be one which we
have already addressed for other clients. We hit the ground running and provide sound advice
informed by real world experience.
Personal relationships are at the core of our practice: we work closely with city
attorneys, general counsel, administrators and department heads to anticipate and avoid
problems whenever possible, and to resolve problems when necessary. We take an integrated
approach to delivery of legal services, informed by our understanding of how our individual
public agency clients operate. Providing good legal counsel should include more than mere
interpretation of legal requirements: it should include consideration of options, risk analysis,
and a sense of context, including economic consequences. We can provide the City prompt,
practical, solution -oriented legal counseling based on its specific operations and needs.
We believe that outside counsel should be a contributing member of the public agency's
management team, able to work collaboratively to both avoid and solve problems. We snake
ourselves accessible to all team members and foster working relationships based on trust and a
common understanding of our client's needs and resources. We stay abreast of changes in the
law and alert our clients to changes that may affect them, so that they can act proactively rather
than reactively.
We also understand that problems that require legal attention are not limited to office
hours or weekdays, particularly for an entity such as the City with 24/7 operations. We believe
that the standard time for a response should be as soon as possible under the circumstances. We
generally respond to emails and voicemails immediately, if possible, and always on the day
received. We also provide requested information that same day whenever possible. Our clients
regularly let us know how much they appreciate our prompt responses, even to last minute
requests.
Fee Structure
We propose the following hourly rates for services provided for all of the practice areas
listed in our Statement of Qualifications.
Partners and Of Counsel: $280/hour
Associates: $235/hour
Paralegal: $125/hour
Request for Qualifications for Legal Services
Page 3
These rates are discounted from our private client rates, which are currently up to $365 per hour
for partners and of counsel. Our hourly rates always include all normal administrative overhead
charges, such as secretarial services, word processing, online research, in-house photocopying,
faxing, telephone charges, and standard postage. We never include any surcharge for these
ordinary administrative items.
Jarvis Fay generally bills for attorney and paralegal services in 5 -minute increments with
no minimum billing increments.
Our current insurance coverage meets all of the requirements set forth in the RFQ.
Firm Contact for RFQ
Partner Clare M. Gibson is the firm's contact person for this RFQ:
Clare M. Gibson
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth Street, Suite 310
Oakland, CA 94607
Direct: 510.23 8.1407
Office: 510.238.1400
Fax: 510.238.1404
claregia rvisfa.
Individual email addresses and direct phone numbers are also included for the primary
attorney listed for each practice area within the Statement of Qualifications.
Summary
Jarvis Fay is committed to providing high quality, cost-efficient and solution -based legal
services to local public agencies. We are enthusiastic about this opportunity to provide legal
services to the City of San Luis Obispo. We have had the pleasure of working with City
Attorney's office in the past and look forward to the opportunity to extend our relationship.
Sincerely,
V, Y O OR O IBSON LLP
Clare M. Gibson
city of slois oBISPO990PalmStreetSanLuisObisnorAGqAn1_Z0AQ
March 24, 2014
VIA FIRST CLASS MAIL
Michael Jenkins
Jenkins & Hogin, LLP
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Jenkins:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Administrative Law
Code Enforcement
Conflict Counsel
Constitutional Law
Criminal procedure
Elections Law
Environmental Issues and Litigation, Federal and State Regulatory Issues, Endangered
Species, Clear Air and Clean Water Acts
General Civil Litigation
General Municipal Services
Land Use issues and litigation, including California Environmental Quality Act and
litigation and wireless communications land use regulatory issues
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
ry truly yours,
J. Christine Die
City Attorney
So agreed:
Michael Jenkins
COMPENSATION SCHEDULE
Transactional services (hourly rates):
Jenkins, Hogin & Hensley: $250
Berger, Kovacevich, Kettles: $225
Langer, Calciano, King $210
Litigation services (hourly rates):
Hogin $275
Kovacevich, Kettles, Cotti $250
Langer, Rusin, King $210
We charge costs only for electronic legal research that fall outside our monthly
subscription services (which is rare, because the Firm maintains a subscription that
covers all California and Ninth Circuit legal resources); transcripts (e.g.,
depositions); parking, delivery charges; extraordinary (i.e. not day-to-day) copying;
and similar out of pocket expenses, all without any mark-up. Unlike other law firms,
we do not charge for routine copying, mileage, telephone (neither long distance or
cellular), facsimile or word processing.
We pride ourselves on being efficient, managing time carefully and giving good
value for the time we expend. We scrutinize our bills to make sure they are
accurate. We bill time in tenth of an hour increments. We bill our clients monthly
and expect payment within thirty days. Our bills describe the identity of the person
performing the work, a detailed description of the task (excluding privileged
information) and the time billed.
15
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March 24, 2014
VIA FIRST CLASS MAIL
Richard D. Jones
Jones & Mayer
3777 N. Harbor Boulevard
Fullerton, CA 92835
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Jones:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Administrative Law
o Appellate Proceedings
Code Enforcement
Conflict Counsel
Constitutional Law
Criminal Procedure
Employment Issues and Litigation — Labor and Employment, Pension and Benefits
Programs
General Civil Litigation
General Municipal Services
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
r yours,
J. Christine Dietrick
City Attorney
So ^v•
Richard D. Jones
FEE STRUCTURE
1. Hourly Rate — Option 1.
LABOR RATES
All attorneys $195.00 per hour
Paralegal $100.00 per hour
Our current practice with our clients is to bill by 1/10th of an hour every month on the
first of the month for the prior months' services and costs.
2. Retainer — Option 2.
We would also propose a flat retainer of $5,250 a month, which would cover the first
thirty (30) hours of all legal services each month. Legal services provided over the initial 30
hours, excluding litigation and special projects, would be billed at a rate of $185.00 per hour. We
would be flexible in working with the City to add or reduce the amount of hours within the
retainer. At this point, we do not know the amount of outside counsel services that the City will
require. The firm would provide a detailed break -down of all time spent and work performed in
our monthly billing report, so the City is aware of the actual time spent under the retainer.
Rollover of Excess Hours. If any part of the retainer hours are not used in a particular
month, those excess hours would roll over and be available to the City in the next month.
Rollover hours for any particular month would expire after 12 months.
3. Rate Guarantee.
We would guarantee our rates for the first two years of a contract. Each year thereafter
we would propose a CPI adjustment only.
4. Expense Reimbursement/Mileage.
We generally do not bill for facsimiles, word processing, small reproduction matters
under 100 pages), or simple computer legal research costs. The firm will charge the client for
actual necessary costs incurred for all of the following: All costs incurred related to litigation or
special projects, including but not limited to, court filing fees, attorney services (includes service
of process fees, arbitrators, and mediators), messenger services, Lexis -Nexis research outside of
our prepaid service fee, Fed -Ex or California Overnight Express, driving time, travel expenses, if
applicable, including hotel, air travel and car rentals, parking fees, actual costs for large
reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per
page (color) if performed in house, and any other expense not listed above which becomes
necessary to the successful resolution of a client matter.
14
5. Method of Payment/Payment Terms.
A monthly invoice is sent to the client by the 15th of each month. Payment in full is due
within 45 days of receipt. Our current practice with our clients is to bill by 1/10th of an hour every
month on the first of the month for the prior months' services and costs. Jones & Mayer uses the
Timeslips billing system to track attorney fees and expenses. Attorneys are responsible for
entering their time directly into the system. Costs are paid by Accounting through the
Quickbooks system, and then entered separately into Timeslips for billing to the client. The time
entries and costs appear on the bill in line item form, enabling the client to easily review and
approve individual entries. The invoices will include an itemized statement which indicates work
completed and hours of service rendered. Individualized billing entries are made for both retainer
and non -retainer services to allow tracking and evaluation of services rendered.
CLOSING
We greatly appreciate this opportunity to submit this proposal. We are confident of our
ability to exceed the City's expectations in its legal counsel, and look forward to the opportunity
to discuss this more fully in person.
In the interim, please do not hesitate to contact the undersigned with any questions or
concerns, or if we may be of further assistance in any way.
Very truly yours,
Richard D. Jones
JONES & MAYER
15
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March 24, 2014
VIA FIRST CLASS MAIL
Royce Jones
Kane Bal1_mer & Berkman
515 South Figueroa Street, Suite 1850
Los Angeles, CA 90071
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Jones:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Affordable Housing Development
Real Property
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Very truly yours,
J. Christine Dietrick
City Attorney
CURRENT RATE'SHEET
If we are selected as On -Call Outside Counsel for the City of San Luis Obispo, we
propose that Royce K. Jones would take the lead in all matters and would be the primary
attorney for the Firm, with back-up if and as needed by Susan Apy and Todd Mooney. A
brief statement of the qualifications and experience for each of the attorneys proposed for
the Firm's ("On -Call Outside Counsel") team is included with the Firm resume, attached.
Our rate schedule is also attached, the billing rates for the proposed team being as
follows:
Royce K. Jones
Susan Y. Apy
Todd C. Mooney
300 per hour
300 per hour
225 per hour
We are proposing that most of the legal services to be provided by the Firm will
be provided by Royce Jones or Susan Apy. However, to ensure availability at all times
and to make the Firm's representation of the On -Call Outside Counsel as efficient as
possible, the other members of the team and all other attorneys in the Firm would be
available to assist in performing all assignments. The background and experience of all
of the attorneys in the Firm and our current billing schedule is attached.
KANE, BALLMER & BERKMAN,
A Law Corporation
PUBLIC RATE SUMMARY
Senior Principal 300/hour
Of Counsel 300/hour
Principal 300/hour
Senior Counsel 250/hour
Senior Associate 225/hour
Associate 210/hour
Paralegal 125/hour
Case Clerk 100/hour
CLASSIFICATION OF ATTORNEYS AND OTHER PROFESSIONALS
Name Status Billable Rate
Murray 0. Kane Senior Principal 300/hour
Royce K. Jones Senior Principal 300/hour
Susan Y. Apy Principal 300/hour
Kendall DeMatteo Berkey Principal 300/hour
Gleam F. Wasserman Of Counsel 300/hour
Guillermo A. Frias Senior Counsel 250/hour
Bruce Gridley Senior Counsel 250/hour
Deborah L. Rhoads Senior Counsel 250/hour
Todd C. Mooney Senior Associate 225/hour
Gustavo Lamanna Senior Associate 225/hour
Carol Leone Senior Associate 225/hour
Edward Kang Associate 210/hour
NOTE: The same hourly rate is applicable to Court appearances.
During the 2013-2015 time period, we would not expect to adjust our rates. We do not
have an alternative to hourly billing.
Travel, subsistence, and other out -of pocket expenses authorized in connection with the
performance of duties under the agreement would include, along with any other such authorized
expenses:
a. The amount of the actual cost of coach class transportation by common carrier or
at the per mile rate established by the IRS, if travel is performed by privately -
owned vehicle;
b. Reasonable subsistence expenses, supported by detailed records in the amount of
actual costs;
C. Taxi fares, long distance telephone calls, postage, online legal research and
similar expenditures in the amount of the actual cost;
d. Duplication costs for all copies at cost of twenty-five (25) cents per page, and
facsimile costs at one dollar (1.00) per page; and
C. Fees and costs incurred by the firm in engaging consultants and experts approved
by the client.
The firm shall not be reimbursed for secretarial or typist services for normal office
operating expense, with the exception of word processing fees, but only if noted in the rate
schedule.
The firm shall be reimbursed for actual litigation costs, fees and expenses, such as filing
fees, expert witness fees, charges for service of process and costs of investigation.
II. FEE STRUCTURE
A) Provide information on the hourly rates for all staff that would be necessary to render services.
The non-attorney staff costs are included in the attorney rates quoted except as provided below.
The hourly rates for all extraordinary services would be pursuant to the following hourly rate schedule:
Elizabeth Martyn - $200
Raymond Barrera - $295
Paul Beck - $295
Wes Beverlin - $295
Claire Hervey Collins - $250
Melissa Daugherty - $200
Karen Zermeno Feld - $200
James Geocaris - $350
Daniel Hyde - $295
Michael K. Johnson - $295
Malissa Hathaway McKeith - $295
John M. Porter - $295
Timothy Swickard - $295
Nancy Zeltzer - $295
Any other associates reporting to any of the above-referenced attorneys would be billed out at the hourly rate of
150.00.
B) 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.
At cost: research bureau services and record services; parking and validations; travel expenses and lodging;
meals and refreshments; special handling mail (other than first class service, including registered, certified,
express delivery, Federal Express, Golden State Overnight, DHL, etc.); messenger service (outside); special
printing/binding (outside); court costs (including filing fees, service of process, deposition costs, etc.); special
materials, etc.
NOTE: We do not proposal to bill travel hours to meet with City representatives.
Other Expenses:
Meals At cost
Parking At cost
Travel expenses out of the area including e.g., lodging, air
fare, taxis, public transportation, car rental, and meals At cost
Facsimiles $.25 per page
LewisBrisbois.com
Computer Research At cost, plus facilities surcharge
approximately $5.00/minute)
Word processing support $35.00 per hour
Mileage At the Internal Revenue Service’s business
mileage reimbursement guidelines
Messenger and other delivery fees At cost
Photocopying and other reproduction costs
In-house - $0.10 per page
Outside service-At cost
After hours building services
when dictated by special client need)
At cost
Clerical staff overtime on priority jobs will be charged at 1.5 times the base hourly rate or at the rates required by
applicable law, which is greater. The base hourly rates for clerical personnel presently range between $12.75 and
15.95 as those may be amended from time to time.
C) If rates are to be adjusted during the course of representation, the method for such adjustment should
be described.
Rates will be increased only with prior client consent.
D) Provide alternatives to hourly billing, including fixed price representation.
We appreciate the need to limit and control legal costs. In that regard, we believe our hourly billing rates, as
quoted above and already adjusted for public agency practice, are extremely competitive. However, we also
understand the City’s interest in exploring other billing method options. For some areas of practice, we have
had great success with non-traditional plans and in others, because of the nature of the work, hourly rates are
preferred.
We are open to discussing any alternative plans you would like to propose. Lewis Brisbois is the leading firm in
the country in alternative billing arrangements. We have entered into creative contingent and results oriented
billing arrangements with other clients. Possible options we would consider include
1. Fixed fee by specified legal segment
2. Retainers for certain matter types
3. Per diem for trials
4. Fixed fee based on complexity level
5. Fixed fee to date certain
6. Split contingency/hourly.
LCW Response to City of San Luis Obispo
RFQ for Legal Services for On-Call Outside Counsel
Page 8
232372.5 LC300-008
d. Resumes of Proposed Staff:
The complete resumes of partners Rick Bolanos, Alison Neufeld and associate Arlin
Kachalia are attached for your convenience.
e. Experience in having Co-Counsel Relationships:
We have been collaborating with in-house counsel for over thirty years and have
established close and trusted relationships with them. We hold city leaders and their in-house
counsel in high esteem and view it as our privilege to assist them to do their jobs well. We
understand our support role and the importance of collaboration.
f. Statement and explanation of any instances where your firm has been removed
from a project or disqualified from proposing on a project:
Liebert Cassidy Whitmore has no instances where our firm has been removed from a
project or disqualified from proposing on a project.
FEE STRUCTURE
a. Hourly Rates:
Invoices are payable upon receipt and due within 30 days. Pricing offered on a time-and-
materials basis would be based on the standard hourly rates listed below:
Rick Bolanos ..............$300
Alison Neufeld ...........$300
Arlin Kachalia ............$245
b. Expenses:
We do not charge for secretarial time, telephone charges or photocopying (unless copying
is done at the request of the client, in which case it is charged at fifteen cents ($.15) per page).
We charge $.50 per page for outgoing faxes. There is no charge for incoming faxes. Travel time
outside the retainer) is charged at the hourly rate, for the time it takes to travel to/from the home
office of the negotiator to the client or the time it takes to/from the negotiator’s residence to the
client, whichever is less.
City of San Luis Obispo
Fee Structure
a. Provide information on the hourly rates for all staff that would be necessary to
render services.
HOURLY PROFESSIONAL RATES
Client agrees to pay Attorney by the following standard hourly rate*:
Attorneys $ 195 per hour
Law Clerk / Paralegal $ 110 per hour
Council Meetings $750 per meeting
Rates for Specific Attorneys Available Upon Request
b. 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.
COSTS AND EXPENSES
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.
c. If rates are to be adjusted during the course of representation, the method for such
adjustment should be described.
N/A
There will be no rate adjustments during the course of representation for the
agreement ending on June 30, 2015.
d. Provide alternatives to hourly billing, including fixed price representation.
Client may choose to provide a retainer for legal services. Attorney will charge
Client at a rate of $185.00 per hour for all attorney time; with a minimum
retainer to be determined by Attorney and Client.
Fresno Los Angeles Monterey Petaluma Redding Sacramento San Diego Walnut Creek Page 16
Meyers Nave
39 Page
VI. Compensation
1. PROPOSED RATES
Meyers Nave determines rates based on an individual attorney’s experience and the complexity of the
matter at hand. Once we know the specific project that the City of San Luis Obispo needs assistance with,
we will propose the team and an appropriate rate structure for the City’s approval.
POSITION PROPOSED RATES
Principal/Of Counsel $300-$375 per hour
Associate $250-$295 per hour
Paralegal $145-$165 per hour
2. ALTERNATIVES TO HOURLY RATES
We are happy to discuss with the City, alternatives to the hourly fees quoted above. Such arrangements
could include fixed-fee work, sliding scale rates depending upon performance or success, not to exceed
budgets, blended rates and retainers.
3. EXPENSES
Meyers Nave will not charge for office support services, including word processing and facsimile charges.
We propose to charge the costs of mileage, photocopying, postage, and any third-party expenses, such as
expert witness fees, deposition and court reporter fees, and electronic legal research.
Mileage At IRS rates per year
Photocopy $0.25 per page
Postage USPS rate (currently $0.46 per
ounce)
Third Party Expenses Actual Costs
4. CPI ADJUSTMENT
We propose to adjust our rates on an annual basis/beginning of each fiscal year, beginning July 1, 2014,
by the relevant local U.S. Department of Labor’s Consumer Price Index (CPI) increase over the prior 12
month period. This increase would be rounded to the nearest $5, and not be less than 2 percent and not
more than 5 percent.
o
IRcityIG;'"MI'' of san lois o spo
Palm Street, San Luis o,00C.s,.o,32,9
March 24, 2014
VIA FIRST CLASS MAIL
Hilda Cantu Montoy
Montoy Law Corporation
2125 Kern Street, Suite 308
Fresno, CA 93721
Re: Request for Qualifications for Outside Counsel Services
Dear Ms. Montoy:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Administrative Law
Code Enforcement
Constitutional Law
Elections Law
Employment Issues and Litigation — Labor and Employment, Pension and Benefits
Programs
Engineering, Design Professional and Construction. Contracting Issues and Litigation
General Municipal Services
Land Use issues and litigation, including California Environmental Quality Act and
litigation and wireless communications land use regulatory issues
Real Property
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Very trul yours,
J. Christine Dietrick
City Attorney
So agreed:
Hilda Cantu Montoy
City of San Luis Obispo
RFP Legal Services
October 14, 2013
Page 8
V.
FEESTRUCTURE
Ms. Montoy understands the current economic climate and its severe impact on cities. Her broad
public sector knowledge and expertise allow her to provide high quality, professional services at
a fair and reasonable cost. Moreover, she is a hands-on person and does not delegate work to
inexperienced associates who may charge less per hour but take longer to do the work. This
often leads to multiple attorneys working on the same matter which in the end can cost the City
more. Clients'experience is that their legal costs are down with Ms. Montoy's representation.
A. Hourly Fee and Cost Proposal
The firm proposes an hourly fee structure of $225 per hour and $90 for paralegals. Ms. Montoy
is amenable to discuss alternative hourly rates for different types of matters or based on
complexity.
B. Alternative Fee Proposal
Ms. Montoy is amenable to a different fee structure such as fixed price representation for specific
types of projects or matters that would be satisfactory to the City and assures her ability to
deliver quality legal services. Examples for such work may include development of Personnel
Policies or specific types of ordinances.
C. Expenses
The above fee proposals include administrative costs and expenses. No fees will be charged for
routine photocopying/printing, mail, faxes, and mileage. No fees will be charged for Westlaw.
Actual costs will be charged for extraordinary photocopying/printing (more than 50), overnight
mailings, couriers, recording of documents, as well as consultants and experts preapproved by
the City.
D. Monthly Itemized Billing
Ms. Montoy understands the need for accurate and organized billing statements. Monthly
statements are sent by the fifth day of the month following the month in which services are
provided. Invoices reflect subject matter heading, date, description of work performed, hourly
rate, and amount for each item. Ms. Montoy will meet with appropriate staff to customize billing
numbers, billing categories, and billing format. Billing statements will contain sufficient
specificity to allow the City of San Luis Obispo to see clearly what services have been performed
for each billing number or category requested by the City.
CitytofsanSan Luis Obisno, CA, -3249
luisosispo
990 Palm Stree
March 24, 2014
VIA FIRST CLASS MAIL
C. Scott Emblidge
Moscone Emblidge Sater & Otis LLP
220 Montgomery Street, Suite 2100
San Francisco, CA 94104
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Emblidge:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Appellate Proceedings
Conflict Counsel
Constitutional Law
Eminent Domain and Inverse Condemnation
Engineering, Design Professional and Construction Contracting Issues and Litigation
General Civil Litigation
General Municipal Services
Land Use issues and litigation, including California Environmental Quality Act and
litigation and wireless communications land use regulatory issues
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
Very t y yours,
hristiiic Dietrick
City Attorney
Raprascinting dau ciloparis and pub] i a inl erest alianl s in ac rr inistrativa hamings
ragarding cants avars:i ail daveilopment piiapasa:l s.
Raprascinting dmcilopeni and citizen groups in litigation undar CEQA.
Proparinq amiicus biiiefh on bell• alf oflpul llic initorcist groups in suppart of aaeal
land use iiciglulations anc stats planning lavas.
Advising clianls regarding anviiianmanita:laws addressing Aiiatcir qual:illy,
endangered spaeies, wollands, hazardous matcniia.is storaga and contamination
issues.
Advising flriivate clicints in municipal aada enfbrccirrcint rriaittars.
Addilionally, Ms. Saitor seiirvas as a haaring affiaer far aode cinfarcieiment matllers foci ill• ci
City afI Sawa Rosai.
B. Resum cis aflthci Individuals Who Would lk Performing Scirviecis
EI cia A aahment 4.
C. Statement of Instances of Removal kom Project or Disqualification.
MHSO alias not h cien ramovad friom ai pro jaat ar disqualificid from proposing on a project.
i 1_t I_I _11IIZII: _1
A. Il aur] 3 Ratfis
G. Scott Embaic go: 3715
J. Moniaw Otis W5
Rachal Satar 373
Kris A. Cox 350
Erin Reding 275
All ratas aria houiily and round& to the nciarest 1,11(II1h of an hour.;
B. Exp(inscis to Be Billfid and Basis for Expcmises
Flhatocopies: $.20 flar page.
Facsimiles: $1.00 par page.
Wasillaw, postage, oxpross mail daliviary ahlarges Suppar7 Vlleinidors (1such as printing,
binding, de:livary), lon€I distancia call ahlarges, filing feces, transaripfan and rapariars fees,
Flarking, Air Elmo, Auta Reinitall, Hlotolls: At cost.
MilcieiElcr Al IRS Businciss Rlciimburscirnant Rahe.
Tho propaser wall] noel chargee for traval la and frarr :ills affice to laaaticins w:lhini San Buis
Obisflo Cllaunity, and will nail chargee for lladging within San Buis Cbisfla Caunly. Thlci
MOSCONE EIMEIDIDGEI SATER & OTIS LIJP 9
Prat csial for Pinfessiaral Scmv icias to Cigy cif Sein Iluis Ob isp c
proposeir will chargee for thea leisseir of miileiaga (or Air Flares) to the location from
proposem's affiae ar thle Clityl afl San Luis Obispo far all lraiiNiel.
Proposer will nail chargee for 1 ang c i sal ancei telapticinci call i ates for as:I l s to al ienits ar calls
within flan Luis Obispo County.
C. Adjustmunt to R'lates and Mllethkid oflAdjustmunit
Propaser will I ava 11.1a r:i€lht to adjusl :i1si hourly ratasi on an annual basis, beginning with
January I(I1fl.
1711. Altennativfis to Hourly Billing:
Proposeir is willing la niegot:iaite flat rates or eantinElcinicy a'ranEleiments for appiapriata
seirviaes as lhloy arisia. If a niegotiated aniangeiment is niot achieived, praploEier wall] brill an
an hourly 1: asi s.
MOSCONE EMHIIIIDGE SATIIEIIRI & CITIS LJI1P 10
Proposal fbrPrcfassiouiaiil Services lice City) cif ISar Buis Obispo
Proposal to City Of San Luis Obispo Page 19
II. FEE STRUCTURE
A. Hourly Rates
Nossaman is prepared to provide the on-call outside counsel services at the discounted hourly
rates listed below. These discounts reflect our dedication to public agencies and our
enthusiasm to work with the City. We believe that hourly billing rates alone are not always a
good basis on which to predict either the overall cost or the value of legal services provided by a
law firm. Other factors which influence the cost of legal services as much as, if not much more
than, hourly rates include legal expertise, project definition, project staffing levels, efficiencies
through standardization and experience, and project oversight and management skills.
Team Members Practice Area 2014 Discounted Rates
Alfred Smith, Partner Water $365
Fred Fudacz, Partner Water $365
Nick Dolja, Associate Water $365
David Graeler, Partner General Civil Litigation $395
Tom Long, Partner General Civil Litigation $395
Jenny Meeker, Associate General Civil Litigation $395
Harleen Kaur, Associate General Civil Litigation $395
David Graeler, Partner Eminent Domain and Inverse
Condemnation
365
Bradford Kuhn, Partner Eminent Domain and Inverse
Condemnation
365
Bernadette Duran-Brown,
Associate
Eminent Domain and Inverse
Condemnation
365
Katrina Diaz, Associate Eminent Domain and Inverse
Condemnation
365
Rob Thornton, Partner Environmental Issues and
Litigation
395
Paul Weiland, Partner Environmental Issues and
Litigation
395
Benjamin Rubin, Associate Environmental Issues and
Litigation
395
David Miller, Associate Environmental Issues and
Litigation
395
John Flynn, Partner Land Use Issues and Litigation $395
Carollyn Lobell, Partner Land Use Issues and Litigation $395
Submitted by Nossaman LLP
Proposal to City Of San Luis Obispo Page 20
Sue Meyer, Partner Land Use Issues and Litigation $395
Ashley Remillard Land Use Issues and Litigation $395
B. Expenses
These rates are fully burdened and include all administrative and overhead costs, such as
secretarial assistance, word processing, and local telephone charges. For any other attorney,
paralegal, or law clerk assigned to matters, we will propose discounted hourly rates for them at
that time for the City’s approval.
In addition to the hourly rates listed above, other reimbursable costs such as computer
research, messenger services, and postage charges are charged to our clients at the actual
transaction charge incurred by Nossaman. See following breakdown for details.
Travel Nossaman will not charge for mileage or costs from Nossaman’s offices to the
City’s office/meeting locations.
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. Currently, this often results in substantial discounts to our
clients.
Court Filings Nossaman will pass on to the City the direct cost of any filing fees charged by
outside vendors for court filings, including fees for electronic court filings.
Postage Nossaman will pass on to the City any postage related charges at the actual
cost.
Faxing Nossaman will charge $1 per page for outgoing faxes.
Photocopying Project/case-related photocopying will be passed on to the City at 20 cents per
page.
C. Rate Adjustments
It is Nossaman’s practice to promptly communicate with clients regarding circumstances that
require budget adjustments and suggest reasonable alternatives.
D. Alternative Fee Arrangements
Nossaman would be happy to discuss additional lawyer discounts or alternative fee
arrangements on a project-by-project or panel-by-panel 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; we have found, however, that certain matters are more suitable for alternative fee
arrangements than others.
Submitted by Nossaman LLP
Proposal to City Of San Luis Obispo Page 21
Submitted by Nossaman LLP
Some alternative fee arrangements we offer based on the appropriateness and alignment with
project goals include the following models:
Fixed fee- a set price for a specific scope of work;
Phased fee- fees defined and payable for distinct segments/ phases of a project;
Blended rates- an agreed-upon hourly rate that applies to all lawyers working on a matter;
Hold backs- a set fee to be paid for the specific engagement and then a bonus award if the
desired results are achieved.
We would be happy to discuss building a unique alternative fee arrangement with the City,
should the need arise.
AN9010N,lltiCity san suis oto'
o.ms,,.,°..oe,00C.s3,o,.9
SPO
March 24, 2014
VIA FIRST CLASS MAIL
Todd A. Amspoker
Price, Postel & Parma LLP
200 East Cabrillo Street, Suite 400
Santa Barbara, CA 93101-2190
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Amspoker:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Eminent Domain and Inverse Condemnation
Water Rights
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
V , l ll vours_
Christine Dietrick
City Attorney
So agreed:
road A. Amspoker
Regional Park District, and the State of California Department of Water Resources.
Price, Postel & Parma LLP regularly advises both public and private clients with respect
to land use, subdivisions, CEQA and regulatory compliance matters, public and private financing,
water law, eminent domain, inverse condemnation, property foreclosure for defaulted tax
assessments, land acquisitions, construction contracts and disputes, groundwater adjudications,
employment and labor matters, and environmental contamination issues. All of this experience
is in excess of five years, and will be described in more detail below.
All of our attorneys are admitted to the State Bar, in good standing, and not subject to
disciplinary proceedings. See attached resumes for all attorneys referenced in this letter. All of
our trial attorneys are admitted to practice in federal courts as well.
Currently our firm carries $17 million in professional liability insurance.
We have not handled any legal matters in which the City of San Luis Obispo or one of its
officers or employees was or is an adverse party. Currently we do not represent any City official
or employee in a personal capacity, nor do we have any business relationships with a City official
or employee. We are unaware of any current issues that would prevent us from representing the
City in the future. However, as with all future matters we would need to perform a conflict
check to ensure there are no conflicts.
We are pleased to offer the City our public agency billing rate of $315 per hour. This
billing rate is normally adjusted on a yearly basis. We are certainly willing to discuss alternative
arrangements for billing our travel time to San Luis Obispo for meetings or court appearances.
However, as you can expect a substantial amount of our work would be in our office, on the
telephone and email.
In the following, we provide detailed statements of qualifications for the following service
descriptions: 1) Eminent Domain and Inverse Condemnation, 2) Employment Issues and
Litigation, 3) General Civil litigation, 4) Land Use issues and litigation including Water Rights
litigation, and 5) Real Property.
1. Eminent Domain and Inverse Condemnation
I have been handling eminent domain litigation and property acquisitions for the City and
County of San Luis Obispo for more than ten years. I have worked on several City projects,
including the Calle Joaquin Realignment Project. I have worked on many County projects,
including several airport projects, the Bennett Way Extension Project, the Oak Shores Effluent
Project, the Tract 2162 emergency access easement, the Nacimiento Pipeline Project (for the
County Water Conservation District), the Willow Road Extension Project, and the Los Osos
Sewer Project.
I have specialized in eminent domain, inverse condemnation and public property
acquisition matters for about twenty five years. My office was located in Oakland prior to
I city, of sAn Luis oBi SPO
990 Palm Stree, San Luis Obispo, CA 93401-3249
March 24, 2014
VIA FIRST CLASS MAIL
David Kahn
Renne Sloan Holtzman Sakai LLP
350 Sansome Street, Suite 300
San Francisco, CA 94104
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Kahn:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Administrative Law
Appellate Proceedings
Elections Law
Employment Issues and Litigation — Labor and Employment, Pension and Benefits
Programs
General Civil Litigation
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
ly your
Christine Dietrick
City Attorney
So agreed:
EU C. 14L
David Kahn
Renne Sloan Holtzman Sakai
Public taw Group"'
the 25 most influential public lawyers in California. Mr. Sloan is also responsible for over 30
published decisions from the California Court of Appeal and California Supreme Court covering
a wide variety of innovative labor and employment law developments.
RSHS has become one of the most influential public sector labor and employment firms in
Northern California. We are representing cities in cutting edge issues, including declarations of
fiscal emergency, bankruptcy under Chapter 9, the first labor -related AB 506 proceedings, and
multiple ballot -related negotiations and litigation (focused primarily on issues of pension reform
and charter interest arbitration). While our expertise is often called in to manage changes during
times of fiscal and political pressure, we believe strongly in the value of positive labor
relationships and have successfully reached agreements with labor organizations even under the
most difficult circumstances. These agreements involve all manner of concessions, from
furloughs, shortened workweeks, and wage freezes, to structural changes in compensation and
benefits, including employee medical, pension, and OPEB (primarily retiree medical) benefits.
RSHS also has extensive experience in impasse resolution processes, including mediation, fact-
finding, interest arbitration, and unilateral implementation. We are committed to voluntary
settlement consistent with employer goals and have participated in numerous mediations over the
years, often developing with unions and mediators the concepts which facilitate a breakthrough.
We have a high degree of familiarity with mediators from the State Mediation and Conciliation
Service. In the past few years, we have had experience handling unilateral implementations,
including the conclusion of negotiations in time for budget adoption. We have a particular
expertise in negotiating with public safety unions and dealing with their unique issues.
3. Conflicts
The firm and none of the attorneys in the firm are currently representing any clients or interests
in lawsuits or other legal actions against the City of San Luis Obispo. We do not anticipate any
conflicts of interest in representing the City of San Luis Obispo.
IV. COST PROPOSAL
Based on an initial review of the scope of services requested, we propose services be provided
based on our 2013 Public Sector hourly rates. These rates are heavily discounted from the
Firm's private sector rates for similar work. The 2013 Public Sector rates for the proposed City
of San Luis Obispo team are:
Jeff Sloan 360 per hour
Randy Riddle 315 per hour
David Kahn 315 per hour
Dania Torres Wong 305 per hour
Timothy Yeung 305 per hour
Response to RFQ for On -Call Outside Counsel — San Luis Obispo December 27, 2013
Page 8 of 9
10
MAN Renne Sloan Holtzman Sakai
WO Public Law Group",
A. Additional Charges
The Firm does not charge for copies, long distance telephone calls, secretarial services (except
for transcription), or facsimile transmissions. However, the Finn charges separately for certain
costs incurred in the representation, as well as for any disbursements to third parties made on a
client's behalf. Such costs and disbursements include, for example, the following: travel,
computer-assisted research, overnight delivery, and messenger services. For major disbursements
to third parties, invoices may be sent directly to you for payment. The Firm also bills for time
spent traveling on a client's behalf.
We will bill you on a monthly basis for services performed and costs incurred. Payment is due
within 30 days of the date an invoice is rendered. Past due amounts will be shown on the
invoice.
You may terminate our services at any time, subject to any applicable requirements for
withdrawal of counsel imposed by a tribunal. The Firm reserves the right to withdraw from the
representation for failure of the client to make timely payment of fees, costs, and disbursements
in accordance with the fee arrangement described in this letter, or for any other reason permitted
by the applicable Rules of Professional Conduct.
Response to RFQ for On -Call Outside Counsel — San Luis Obispo December 27, 2013
Page 9 of 9
ME
Proposal for Legal Services
City of San Luis Obispo - On-Call Outside Counsel Services Page 18
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.
SPECIFIC PRACTICE AREA LEAD ATTORNEY HOURLY RATE
ADMINISTRATIVE LAW Laurence S. Wiener $275
APPELLATE PROCEEDINGS T. Peter Pierce $385
AFFORDABLE HOUSING DEVELOPMENT Roxanne M. Diaz $250
CONFLICT COUNSEL Kevin G. Ennis $250
CONSTITUTIONAL LAW Laurence S. Wiener $250
ELECTIONS LAW Craig A. Steele $275
EMINENT DOMAIN Michael F. Yoshiba $250
EMPLOYMENT ISSUES AND LITIGATION;
LABOR AND EMPLOYMENT, PENSION AND
BENEFITS PROGRAMS
Roy A. Clarke $275
ENGINEERING, DESIGN PROFESSIONAL AND
CONSTRUCTION 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
Norman A. Dupont $275 Advisory
350 Litigation
FINANCIAL SERVICES-INFRASTRUCTURE,
FINANCING, FEES (COMMUNITY FACILITY
DISTRICTS, ASSESSMENT DISTRICTS, ETC.)
AND TAXATION
Robin D. Harris and
Laurence S. Wiener
275
GENERAL CIVIL LITIGATION Robert C. Ceccon $350
GENERAL MUNICIPAL SERVICES Laurence S. Wiener
and Roxanne M. Diaz
250
Proposal for Legal Services
City of San Luis Obispo - On-Call Outside Counsel Services Page 19
INVERSE CONDEMNATION
LAND USE ISSUES AND LITIGATION,
INCLUDING CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND LITIGATION AND
WIRELESS COMMUNICATIONS LAND USE
REGULATORY ISSUES
Saskia T. Asamura
Laurence S. Wiener
and Steven L. Flower
325
275 Advisory
350 Litigation
REAL PROPERTY Bruce Galloway $275
WATER RIGHTS James L. 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.
RUTAN
RUTAN TUCKEr LLI
J.Christine Dietrick
December 24.201 i
Pare 4
Water Rights
Jeremy Jungreis
Joel Kuperberg
The designation of a particular attorney would he mutually determined at the time of a
proposed assignment upon a matter-specific assessment of the needs and skill sets associated
with each assignment.In addition to the work performed by partners and senior counsel we
would also make arrangements for appropriate back-up assistance from associates as part of an
effort to manage costs.
We are pleased to propose that the City will be charged a composite rate of $275 per hour
for the services of partners and senior counsel and a composite rate of $225 per hour for
associates.We will also charge for reimbursable costs such as the firms normal hourly rates for
paralegal services and other support staff long distance telephone charges and reasonable travel
expenses charges fn-expert witnesses consultants and/or subcontractors authorized to be
retained on behalf of the City duplication and computer research services.Any costs exceeding
5000 will need to he pre-approved by an authorized City agent.
Ratan Tucker understands the critical importance of good governance policies and
strives to maintain the highest standards of excellence on issues of ethics not only in the manner
in which it deals with its public agency clients and those with whom they deal in transactional
and litigation matters.but also in the manner in which it advises clients on matters and
quandaries facing them. Put simply.Ratan Tucker prides itself on advising clients on doing
not only what is legally allowable but what is right and consistent with the spirit of the law.
In addition to the references listed on the enclosed form we have previously worked with
the County of San Luis Obispo.Tim Carmel.Roger-Lyon and others in the vicinity and I can
supply you with additional information about those engagements.
I thank you for your consideration of our proposal and I look forward to speaking with
you to discuss any questions you may have regarding our proposal to provide legal services to
the City of San Luis Obispo.Ratan Tucker would be honored to represent the City.
Very truly yours
RUT UCKER.ILP
Phi ip D.Kohn
Enclosures
13Qrn99999-0084
O 0391 1 a12/24/13
E. Experience with Co-Counsel Relationships
Approximately two-thirds of our practice involves representing California cities, counties
and other public agencies. As a result, the firm serves as co-counsel with in-house counsel on a
daily basis. Our approach to serving as co-counsel is simple: provide high-quality legal services
in an efficient and cost-effective manner to support agency counsel. In all our co-counsel
relationships, we establish and adhere to a clear scope of work. We promptly return emails and
telephone calls from in-house counsel and share draft briefs and other work product with
sufficient time for review.
Moreover, we always work as a team with in-house counsel. The following example
demonstrates our approach to co-counsel relationships. We worked with Ted Radosevich, the
general counsel of the East Bay Regional Park District in two pieces of CEQA litigation on
behalf of the Park District: in one we defended the Park District’s approval of a wildfire
management and restoration plan, and in the other we challenged the City of San Ramon’s
approval of a 786 unit subdivision that would harm the Park District’s adjacent park. In these
cases, we strategized with in-house counsel, valued and incorporated in-house counsel’s input on
our briefs, and worked together with in-house counsel on settlement proposals and negotiations.
The finished products and case strategy benefited from the excellent working relationship we
built with in-house counsel.
F. Disqualification or Removal
SMW has never been disqualified, removed, or otherwise prevented from submitting a
proposal on, or completing a federal, state, or local government project because of the violation
of a law or safety regulation, or for any other reason, including but not limited to financial
difficulties, project delays, or disputes regarding work or product quality.
G. Additional Information
Best Lawyers,® the oldest and most respected peer-review publication in the legal
profession, has again ranked SMW as “Tier 1” among law firms in the San Francisco
metropolitan area in the categories of “Land Use & Zoning Law” and “Litigation-Land Use &
Zoning” in its 2013 Best Law Firms rankings. This is not surprising, given that 5 of the firm’s
15 partners have received a California Lawyer Attorney of the Year Award.
SMW is a majority women-owned firm and State-certified as a Small Business
Enterprise. Our commitment to promoting environmental and community values is reflected not
only in our legal representation, it is also reflected in our own business practices. Since 2008,
SMW has been a certified Green Business, meeting the stringent environmental standards of the
San Francisco Green Business Program.
III. Fee Structure
A. Hourly Rates
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
SMW-33
would be delegated to junior attorneys who bill their time at lower rates.
Timekeeper Basic hourly rate Hourly rate for
litigation
Partner $250 $300
Jr. Partner $235 $275
Sr. Associate $215 $250
Jr. Associate $185 $215
Jr. Associate $170 $185
Planner $145 $160
Paralegal $100 $115
Law Clerk $60 $80
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 $400 to $650 per hour for
a partner and $275 to $450 per hour for an associate, depending on the nature of the work.
B. List of Expenses
We would provide monthly billing statements that describe in detail the services
provided, including the number of hours worked by each attorney. Fees would be calculated in
increments of one-tenth of an hour. Our firm would bear all expenses related to support staff,
general overhead, continuing legal education and attendance at municipal-law functions. We
would bill for reimbursement for extraordinary costs incurred in the course of representation,
including messenger services and large photocopying jobs. We would bill the City for its pro-
rata share of the firm’s flat-rate Westlaw legal research subscription. When it would be
necessary for us to travel to and from San Luis Obispo, we would bill for ½ of our travel time,
with documented mileage and lodging expenses. There would be no administrative surcharge on
reimbursable expenses.
C. Rate Adjustment
We would hold the proposed rates for the term of the Agreement and would not make any
adjustments.
D. Alternatives
We are happy to consider alternative billing arrangements to suit the City’s needs. We
are not proposing a fixed-price representation billing structure at this time.
SMW-34
City of SAn lois OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
March 24, 2014
VIA FIRST CLASS MAIL
Matthew R. Silver
Silver & Wright LLP
4000 Barranca Parkway, Suite 250
Irvine, CA 92604
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. Silver:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Code Enforcement
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activitiesTelecommunicationsDevicefortheDeaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
V' V truIV VOL
J. Christine Dietrick
City Attorney
So agreed:
r
Matthew R. Silv r
EXPERIENCE' WITH IN-HOUSE COUNSEL
As Special Counsel for numerous cities, we regularly work closely with in-house counsel.
Some examples are the cities of Concord, Santa Ana and Modesto. We place a premium on
establishing and maintaining a close relationship with in-house counsel, ensuring a collaborate
approach to solving the city's problems. We recognize our role as outside counsel is to provide
certain expertise and to keep the City Attorney regularly informed and involved in important
strategic decisions.
REMOVAL FROM PROJECTS (NONE)
We have never been removed from a project with a city or otherwise disqualified. This is
due, in large part, to our collaborative and intimate approach to representing cities and working with
in-house or contract city attorneys.
PROPOSED FEE STRUCTURE
Silver & Wright provides effective and cost-efficient legal services. The following table
summarizes the firm's proposed fee schedule for all services. These rates would remain stable,
subject to cost -of -living increases, based on the area index.
Hourly Rates Blended Attorney: $195 per hour
Law Clerk/Paralegal: $110 per hour
Additionally, Silver & Wright offers alternative fee arrangements for the following services:
Pitchess Motions
Pitchess motions involve a very specialized area of the law based in statute, but heavily
augmented by case law. Pitchess defense is vital for the City to show support for its police officers, to
protect police officers' rights and privacy, and to maximize the effectiveness of law enforcement
efforts. We closely monitor developments in case law affecting Pitchess motion defense and police
officer rights to ensure that we can provide police departments the best defense possible when it
comes to opposing motions to divulge police officer personnel files. At Silver & Wright, we take
personal pride in supporting and defending police officers' rights, which shows in our dedicated and
personal attention to these matters.
For Pitchess motion defense, Silver & Wright proposes a flat rate of $980 per motion, which
includes reviewing the case file and motion pleadings, interviewing the officers, drafting and filing
the opposition documents, and defending the officer and City at the hearing. If the results of the
hearing are challenged by writ or appeal, we propose a blended rate of $195 per hour for attorneys
and $110 per hour for paralegals and clerks.
10—
Receiverships
Receiverships are a very powerful tool to abate dilapidated buildings and structures, to
enforce judgments and preserve property interests. At Silver & Wright, we have tremendous
experience in both Health & Safety Code -based receiverships and Code of Civil Procedure -based
receiverships. Mr. Silver frequently teaches classes on receiverships for a local community college
and throughout the State for code enforcement, planning and building associations. We have also
published articles on this unique and effective remedy.
If handled correctly, two of the main benefits of Health & Safety Code -based receiverships
are guaranteed compliance and full recovery of attorneys' fees and staff costs. Cities can also avoid
the costs and other difficulties involved in abating the nuisances itself by seeking a court appointed
receiver to solve the problem — all at the expense of the nuisance property and its owner. With
receiverships, the City never has to pay the actual costs of abating the nuisance conditions.
We have handled several receiverships and successfully obtained complete nuisance
abatement, judgments ensuring ongoing compliance and awards of full attorneys' fees and staff costs
for our clients. Our unique expertise and strategies help ensure that cities are freed from the dangers
and blight presented by substandard properties, and that they do not bear the costs of enforcement.
For receivership services, Silver & Wright offers two billing options: traditional billing and
deferred billing. Traditional billing involves the normal monthly billing method, in which the City
pays a monthly bill for our services, and when we recover those fees during the receivership case, we
send the reimbursement check to the City.
In many receivership cases, we are also able to offer a deferred billing method, in which we
never send the City a bill, but instead recover our costs directly from the receivership. In such cases,
the receivership is not only cost -neutral for the City, it is "no cost." Due to the risk we bear in these
types of matters and due to the nature of them, we charge a higher rate for deferred billing cases;
however, the City does not pay it. In the unlikely event we cannot recover our fees from the
receivership estate (this has never happened), the billing would revert to the traditional model and at
the lower rate.
For traditional billing, we propose a blended rate of $195 per hour for attorneys and $110
for paralegals and clerks. For deferred billing, we propose $249 per hour for attorneys and $150 per
hour for paralegals and clerks, although again, the City would not pay this.
Costs
Silver & Wright does not mark-up costs. We bill the following at actual cost:
Extraordinary postage and/or overnight delivery costs,
Messenger services,
Court filing fees,
Legal research,
Service of process fees,
Arbitrator or mediator fees
11—
Proposal to Provide On-Call Legal Services
for the
City of San Luis Obispo
Specification No. 99821.950-2013)
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92606
714) 558-7000
December 2013
22
IV.Other Information
A.Supporting In-House Counsel
As special counsel to a number of public agencies with in-house counsel, we routinely
work cooperatively with in-house counsel. Because the Firm serves as city attorney or general
counsel to a number of public agencies, we are uniquely qualified to understand and meet the
needs of in-house counsel. We know the value of clear, timely communication and efficient
work product. We also appreciate the challenges presented by serving a city council or board of
directors. As special counsel, we routinely provide the service that we expect as general counsel.
B.No Disqualifications
The Firm has not been removed from a project or disqualified from proposing on a
prospective project.
V.Cost Proposal
The Firm’s hourly rates for the proposed environmental and land use legal services are as
follows.
Partners: $300 per hour
Associates: $200 per hour
Paralegals: $100 per hour
In addition to legal fees, the Firm charges for the following expenses. The Firm charges
for mileage at the IRS Approved Rate. Other travel expenses approved by the City will be billed
at direct cost. The Firm charges $ 0.25 per page for in-house photocopying. Filing fees, postage,
and other expenses approved by the City to be billed at direct cost.
The Firm does not presently offer alternatives to hourly billing.
VI.Proposal Submittal Forms
The City’s Proposal Submittal Forms are attached.
city of sAn lois oBispo
990 Palm Street San Luis Obis 0 (A WlAf)l 00Arl
March 24, 2014
VIA FIRST CLASS MAIL
Eric LaPointe
The Gappia Law Firm
333 s. Hope Street, Suite 3600
Los Angeles, CA 90071
Re: Request for Qualifications for Outside Counsel Services
Dear Mr. LaPointe:
I write to respond to your firm's response to the City of San Luis Obispo ("City's")
Request for Qualifications for Outside Counsel Services ("RFQ"). The City received 65
responses to its RFQ. After rating the proposals based on the criteria set forth in the RFQ, on
average, the top 10 firms in each category will be placed on the City's on-call list. Some firms
may be placed on the on-call list for multiple categories. If a firm qualified in a substantive area
of expertise, and its administrative, litigation and/or appellate expertise was solely in that area,
they were qualified only in the area of substantive expertise.
Based on the terms and conditions in the City's RFQ, and your firm's response to that
RFQ, the City proposes placing your firm on the on-call list for the following categories:
Appellate Proceedings
Employment Issues and Litigation — Labor and Employment, Pension and Benefits
Programs
Please note that being placed on the on-call list does not obligate the City to assign any work
to your firm or otherwise, prohibit the City from retaining firms that are not on the on-call list.
Given the number of proposals received, the City Attorney's office will not prepare an on-call
agreement at this time. Rather, retainer agreements will be prepared for each specific matter as
may be assigned. If you agree to your firm being placed on the on-call list in the above -
referenced areas on the terms and conditions as outlined in the bid and your proposal, please sign
and return this letter at your earliest convenience.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410.
Re: Request for Qualifications for Outside Counsel Services
Page 2
We appreciate your thorough and thoughtful efforts in responding to the RFQ. We look
forward to working with you in the future. If you have any further questions, please contact the
City Attorney's Office at (805) 781-7140.
A
y yc u ,
e Dietrick
City Attorney
So agreed:
o'
Eric LaPointe
THE ZAPPIA LAW FIRM
Labor & Employment Law—
CONFIDENTIAL
City of San Luis Obispo
Response to RFP
December 20, 2013
Page 9
e. Experience in having a co -counsel relationship with in-house counsel.
Our firm has had multiple opportunities for co -counsel relationships with in-house counsel.
We are currently working in co -counsel relationships with the City Attorney's Offices for City of
Los Angeles, City of Glendale, and City of Chula Vista.
f. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
Our firm has never been removed from a projector disqualified from proposing on a project.
g. Any other information that would assist us in making this award decision.
We believe the Zappia Law Firm is the best candidate to perform the requested employment
litigation and appellate services for the City of San Luis Obispo for a number of reasons. First, we
have the experience and administrative capability to manage multiple cases, and meet critical
deadlines. Second, we have the monitoring and reporting capacity to produce timely case
evaluations, status reports and projected costs that can be reasonably anticipated. Third, we possess
the administrative capacity relative to submission of monthly invoices in a format required by the
City that are accurate and detailed billings, and achieve the greatest cost efficiencies in the interest of
the City.
3. Fee Structure
a. Provide information on the hourly rates for all staff that would be necessary to render
services
The proposed hourly rates for our firm are as follows:
270.00 per hour for legal services provided by Edward or Anna Zappia;
240.00 per hour for associate/assistant attorneys; and
110.00 per hour for paralegal and/or law clerk services.
Our firm will reasonably and in good faith limit the number of attorneys working on any
single matter to no more than one principal, one associate, and one law clerk or paralegal, unless
additional assistance is required for any particular matter.
We track and manage our costs in a number of ways. First, for specific litigation matters, as
a matter of course, we provide a litigation budget at the outset of the litigation. Second, we will
provide timely monthly invoices to the City on each of the matters on which we are working. We
also only have one senior attorney and one junior attorney working on each matter to ensure that
tasks are not duplicated and that fees are kept under control. In addition, our senior attorneys review
the invoices with a fine-toothed comb and inspect whether the time kept and the fees incurred are
Los Angeles I Orange County 1 213-814-5550 1 www.zappialegal.com
THE ZAPPIA LAW FIRM
Labor & EmploymentLaw—
CONFIDENTIAL
City of San Luis Obispo
Response to RFP
December 20, 2013
Page 10
reasonable before they are sent to the clients. Fees for any tasks which were inadvertently and
and/or needlessly duplicated are generally stricken.
b. Provide a list of expenses that the attorneys or lawfirms propose to bill in addition to legal
fees and the basis for such expenses.
Out firm proposes to bill for costs and expenses which are actually incurred and reasonably
necessary for completing any matter assigned to the firm, including but not limited to: photocopying;
messenger and delivery service; travel expenses; and filing fees.
c. If rates are to . be adjusted during the course of representation, the method for such
adjustment should be described.
As the firm is located in Los Angeles, the firm would implement a 50% discount against the
expense of travel time.
d. Provide alternatives to hourly billing, including fixed price representation.
Hourly billing is customary for the firm and would apply to all litigation matters. However,
any alternative billing structure would depend upon the circumstances and would be contemplated
on a case by case basis for any project with a fixed/finite beginning and end.
4. Additional Information
Throughout our firm's history, we have distinguished ourselves in developing close
professional relationships with our clients, with regular communication and updates to ensure the
best defense and handling of our cases, consistent with the goals and needs of our clients. We would
apply this practice and philosophy in providing employment litigation and/or appellate legal services
for the City of San Luis Obispo, and to ensure a long and successful professional relationship in
order to meet the legal needs of the City and its management.
Thank you for your consideration of our firm. If you have any questions or require any
further information, please do not hesitate to contact us.
Sincerely,
The Zappia Law Firm
A Professional Corporation
Eric W. LaPointe
Los Angeles I Orange County 1 213-814-5550 1 www.zappialegal.com