OFFICE OF THE CITY ATTORNEY
REQUEST FOR PROPOSALS
TO SERVE AS CHULA VISTA’S
ACTING CITY ATTORNEY
January 20, 2023
INTRODUCTION
The City of Chula Vista (“ City”), a chartered municipal corporation, is seeking proposals from law firms interested in providing l egal services to the City as the Acting City Attorney. Selection of a qualified firm will be made on the basis of demonstrated experience, training, education , proposed rates, and other relevant facto rs. Given the projected high number of billable hours per week (25 to 40 or more), the City requests that proposals contain the firm ’s best available public agency billing rates and/or alternative fixed fee or hy brid billing structures that ma ximize value.
The selected firm would be asked to serve as the Acting City Attorney for the City of Chula Vista until the next elected City Attorney is sworn in (either December 2023, or April 2024 in the event of a run-off election). The City expects to contract with the selected firm on a modified version of the City’s standard legal services contract, substantially in the form attached hereto as Attachment 1.
Proposals are due by 5:00 p.m. on We dnesday, February 1 st. Interviews will be scheduled for the
following week. The City anticipates that a panel of City elected officials an d staff will review any submitted proposals, complete inter views, and submit their recommendation to the City Council for its consideration and approval on February 14, 2023.
GENERAL INFORMATION
The City Attorney’s Office is responsible for providing all required advisory, transactional and litigation legal services to the City Council, City staff , and all City Board s and Commissions.
Current staffing includes 6 attorneys, a Risk Manager, a Law Office Manager, a Paralegal , and two Legal Assistants.
2 The City Attorney’s Office from time to time retains outside counsel and other legal professionals to handle certain specialized l egal issues, litigation, and to assist in the ha ndling of work overflow. The City Attorney’s Office oversees the work of outside counsel in an effort to provide necessary representation to the City in an economical fashion.
SCOPE OF SERVICES
In close collaboration with the current City Attorney’s office lawyers and staff , t he Acting City Attorney shall serve as chief legal advisor to the Mayor and Council, staff in all City departments, and all City Boards and Commissions. The Acting City Attorney will be expe cted to advise the Mayor and Council on all proposed ordinances, resolutions, orders, programs, and policies; advise City management on all legal issues in e very policy, program, and administrative under taking involving City’s resources; and monitor and oversee all litigation that involves or impacts the City and its officers and employees. The Acting City Attorney will also assist with the management of the City Attorney’s office currently consisting of six attorneys, and five professional support staff.
A more detailed scope of services is provided in Exhibit A1 of Attachment 1.
GENERAL EXPECTATIONS
The City A ttorney’s O ffice has the responsibility of managing every legal matter affecting the City. Selected firms can expect to wo rk in close cooperation with the City Manager’s office and the Mayor and Council to meet the C ity’s legal needs and control and minimiz e the City’s legal and litigation costs.
The City expects all of its attorneys to observe the highes t professional and ethical s tandards when representing the City. Any potential conflicts must be discussed and resolved in accordance with applicable legal and professional standards as soon as they are recognized.
SELECTION OF COUNSEL
The City ’s goa l is to select an outside f irm t hat will provide high qua lity legal services at a reasonable and manageable cost in close collaboration with the City ’s existing legal staff an d outside counsel relationships.
3 Selection of outside counsel to serve as Actin g City Attorney will be based on their expertise in serving as a City Attorney for a municipal corporation, resources available to dedicate to the role of Acting City Attorney, work quality, commitment to controlling costs, and other relevant factors determined by the City.
INFORMATION TO INCLUDE IN PROPOSAL
Although the City does not require that your response be presented in a particular format , it is suggested that you provide the following information for consideration:1
1. Firm/Attorney Resume.
It is requested that you submit a fir m resume with curric ulum vitaes or bi ographies on the proposed Acting City Attorney and all memb ers of your firm that you propose would provi de services to the City of Chula Vista.
2. Description of Firm/Attorney Experience.
Please include a description of the law firm and its ability to serve as Acting City Attorney , including a description of the firm ’s knowledge and expertise in relevant areas of municipal law .
The description should also include all attorneys with whom the Ac ting City Attorney ma y consult or assign projects to during the Acting City Attorney ’s term , all non- attorney staff the Acting City Attorney may use to complete requ ired services, and back -up attorneys who could assist the City in the event of absence or unavailability of the Acting City Attorney.
3. References.
Please identify the names of three (3) or mo re publ ic agen cy client references with specific information as to services provided to the named reference. Please include the name, address, and telephone number of a current person to contact on behalf of the listed reference.
1 Since the four firms solicited to this RFQ have all recently submitted responses to the City’s previous RFQ for general legal services dated November 9, 2022, an acceptable response to this RFQ could be presented as a supplement to the firm’s previous submission as opposed to an entirely new and separate submission. 4 4. Approach and Availability.
A detailed discussion on the firm’s or individual attorney’s approach to providing municipal legal services that demonstrate the proposer’s understanding of the needs of the City of Chula Vista and the proposer’s ability to address them during the appointment period.
It is anticipated that the Acting City Attorney will be providing primary le gal support to the Mayor and Council, City Manager , and City Clerk, at Council/Board meetings. These and other legal services provided with respect to day to day City operations will need to be de livered in close collaboration with existing City legal department staff and retained outside counsel .
Describe your approach to integrating your services with the existing City Attorney’s Office and outside counsel already under contract.
The City anticipates approximately twenty five (25) to forty (40) plus hours of legal services to be provided weekly. Include your firm’s or individual’s ability to meet the legal service needs of the City, including attending meeting s of City Council and with City Management and the City Attorney’s Office.
This section should include a description of the firm ’s approach to transitioning the provision of the City ’s legal services to the next elected City Attorney that is expected to be sworn i n by December of 2023 or April of 2024.
5. Compensation Schedule.
Please provide a proposed compensation schedule with a description of any fees or costs for the proposed services. The proposed compensati on schedule could include any of the following compensation structures : (a) hour ly rates; (b ) flat fees ( e.g. monthly fee for all services , fi xed rates for basic, known services like attendance at a C ity Council meeting ); or (c) hybrid model including both hourly fees for certain services and flat fees for other services. Hourly fees may also be graduated to provide for decreasing hourly rates as the number of hours performed increases. Compensation schedules including flat fee or hybrid model options are strongly encouraged.
5 6. Malpractice Insurance.
The City w ill require appropriate and adequate malpractice insurance from its on- call counsel.
Consequently, please identify your professional liability car rier along with a general description of the type of coverage and limits of coverage.
7. Conflict of Interest.
The City will require counse l to provide a statement representing that a diligent conflicts se arch has been performed and information as t o whether you are aware of any actual, or potential, conflict of interests should your firm be selected to represent the City.
8. Prior Services for the City of Chula Vista.
Please id entify any pr evious services provided to the City of Chula Vista or its r edevelopment agency. Your description should include a brief discussion of the subject matter related to your representation, the time period during which you represented the City, a nd the resolution or outcome of the services provided.
SUBMITTAL OF RESPONSE
All materials submi tted in res ponse to this re quest should be presented via e -mail to [email protected]
, in per son, or in hard copy format postma rked no later than February 1, 2023 (one (1) copy only). Please address your hard copy responses to the following:
Glen R. Googins
City Attorney
276 Fourth Avenue
Chula Vista, California 91910
THANK YOU FOR YOUR INTEREST
The City would like to thank you for taking the time to consider this request . We look forward to receiving your pro posal and statement of qualifications. You may be assured that any materials submitted will be given serious consideration.
If you have any qu estions or c omments, please contact Step hanie Necochea ([email protected]), Law Office Manager at (619) 585-5731 between the hours o f 8:00 a.m. and 5:00 p.m., Monday through Friday.
6 ATTACHMENT 1
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
INSERT LAW FIRM NAME
This Legal Services Agreement (“Agreement”) is entered into Insert Date (“Effective Date”), by and between the City of Chula Vista (“City”) and Insert Law Firm Name (“Attorney”).
RECITAL
Attorney represents it is qualified by virtue of experience, training, education, and expertise to accomplish the services to be provided under this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall cover services rendered from on or about February 22, 2023 until the next elected City Attorney is sworn into office, currently projected to be December 2023 or April 2024.
2. Services to be Provided. The services to be performed by Attorney shall consist of the performance of any and all tasks and services reasonably required to advise, assist , and fully and competently represent the City in all legal matters presented to Attorney and on any matters in litigation, wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the City in the capacity of Acting City Attorney ( collectively, the “ Required Services ”). A description of the anticipated scope of Required Services is attached as Exhibit A1.
3. Compensation - Attorney shall be compensated for performance of the Requ ired Services as follows:
3.1 A mount . The total amount of service and costs to be paid under this Agreement shall not exceed Insert Amount without the express written authorization of the City prior to work or services performed. An y amounts incurred beyond that amount that were not so approved in writing, are subject to non-payment.
Prior to commencing services under this Agreement, Attorney shal l obtain advance approval of the individual attorneys who will be performing any Required Services. Additionally, Attorney shall obtain advance approval of any changes to the individual attorneys performing any Required Services. The City shall compensate Attorney for the Required S ervices satisfactorily performed and approved at the following hourly rates:
INSERT ATTORNEY RATES
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement.
7 3.2 Billing. Attorney agrees to co mply with all Billing Standards identified in Exhibit A2. Attorney agrees to provide City with a detailed invoic e for the Required S ervices performed each month, within thirty (30) days of the la st day of the month in which the Required Services were performed. Invoicing shall begin on the fir st day of the month following the Effective Date of the Agreement.
The City does not pa y for the preparation of billings or for discussions concerning billing. The City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for performing any task unless the City has expressly authorized in writing the use of two or more attorneys for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
City of Chula Vista Attorney’s Office
ATTN: Law Office Manager
276 Fourth Avenue
Chula Vista, CA 91910
3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees to pay Attorney for the approved amounts within thirty (30) days.
3.4 Reimbursements for Expenses . Attorney shall keep accurate re cords of all costs, travel, and expenses. These records shall be made available to the City upon reasonable request.
The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by Attorney in performing any services under this Agreement as follows:
a) Photocopying charges at no more than $0.15 per page. b) Parking Fees at the actual amount charged to Attorney. c) Travel/Mileage at the curren t federal per mile rate. Any travel fees incurred outside of San Diego County must be author ized and approved in advance by the City.
d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees and the cost of serving process actually incurred by Attorney. e) Attorney may seek reimbursement for any actual, reasonable and nece ssary expenses incurred on items not identified above with the prior authorization and approval by the City.
The City will not r eimburse Attorney for any additional charges incurred due to “rush” deliveries or “late” charges, unless such expenses are appr oved in writing and in advance by the City after the need for such services is determined by the City to be reasonably beyond the control of Attorney.
To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred.
8 3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the City, authorized and approved in writing and in advance, for which the City shall reimburse the Attorney or pay investigators, consul tants, or experts directly. In no event s hall Attorney retain any service o f any expert, investigat or, or consultant without first receiving express authorization and approval from the City.
4. Insurance.
4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full force and effect at all times P rofessional Errors and O missions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per claim and four million dollars ($4,000,000.00) aggr egate. The City reserves the right to require insurance f or a higher coverage than the minimum limits noted above. All insura nce carriers shall hold a Best rating of “A+” or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cance lled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the City. If the Attorney maintains higher limits th an the minimums stated above, the City r equires and shall be entitled to coverage for the higher limits maintained by the Attorney.
Said insurance policy shall be written on a policy form coverage specifically designed to protect against negligent acts an d errors or omissions of Attorney. Any deductibles or sel f- insured retentions must be declared to and approved by the City . The City may require Attorney to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the deductible or retention.
Attorney shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the City Attorney, a Certificate of Insurance certi fying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered i nto until the later of the date of expiration or termination of this Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney shall renew the Certifi cates of Insurance at least fifteen (15) days prior to expiration and submit to the City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of Insurance may result in a delay of payment.
Attorney shall not commence any work under this Agreement until Attorney has obtained and submitted all City approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed to do business in California. All policies shall contain langu age to the effect that: (1) the insurer waives any right of subrogati on against the City and the City’s elected officials, officers, employees, agents, and representat ives; and (2) insurance shall be primary non- contributing and any other insurance carried by the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable policies promptly upon receipt.
Nothing in this section shall be construed to make Attorney other than an independent contractor for all purposes.
Attorney agrees to notify the City in the event that the li mits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained.
9 5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, claims liabilities, expe nses, or damages of any nature whatsoever, including Attorneys’ fees, arising out of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub- contractors, or independent contractors of Attorney, except where the loss or liability arises o ut of the sole negligence or willful misconduct of the City.
6. City Agent. The City Manager, for the purposes of this Agreement, i s the agent for the City. Whenever authorization or approval is required, Attorney understands that the City Manager has the authority to provide the authorization or approval.
7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees.
8. Conflict of Interest. Attorney represents that they presently have no m aterial financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the City which may be affected by the services to be performed by Attorney under this Agreement. Attorney further agrees that no person having any such interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City an d the interested individual shall abstain from any contracts or decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the Business and Professions Code and by California Rules of Profession al Conduct, Attorney represents that no Attorney shall represent clients before any board, commis sion, committee or agency of t he City or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. Attorney shall immediately notify the C ity Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest.
9. Non-Liability of Officials/Employees of the City . No official or employee of the City shall be personally liable for any default or liability under this Agreement.
10. Compliance with Law . A ttorney shall comply with all a pplicable laws, ordinances, codes, and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar.
11. Work Product. All documents, or other information developed or received, by Attorney shall be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand or upon termination of this Agreement.
12. Notices. Attorney must immediately advise City of any significant developments in the performance of the Required Services. City requires that drafts of all pleadings or papers filed with the court be provided to City in advance of filing and with adequate t ime for review and 10 comment by City. Attorney must immediately advise City of all trial related d ates, any dates for alternative dispute resolution, and any motion or court hearing dates upon first notification to Attorney of such dates.
All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify the City within ten (10) days of the date of any change of address and agree to keep an updated address with the applica ble Courts on any matters that Attorney is representing the City.
a. Address of Attorney is as follows:
ATTORNEY NAME
LAW FIRM NAME
LAW FIRM ADDRESS
EMAIL ADDRESS
b. Address of City is as follows:
INSERT ATTORNEY NAME
City of Chula Vista Attorney’s Office
276 Fourth Avenue
Chula Vista, CA 91910
INSERT ATTORNEY EMAIL
13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not substitute out as Attorney of Record on any ma tters it may be representing the City without first obtaining written consent from the City, or first obtaining an appropr iate Court Order, allowing Attorney to withdraw as counsel of record.
14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their performance of Required Services rendered under this Agreement shall be assigned by Attorney or subcontracted to any other party without prior written authorization and approval of the City.
15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated.
18. City Audit. The City is required to complete an annual audit. The Auditors may contact and require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may be required.
19. Entire Agreement . This Agreeme nt represents the parties’ final and mutual understanding. This Agreement supersedes any previous agreements, oral or written. 11 20. Modification. This Agreement shall not be modified or repl aced except by another signed, written Agreement, properly executed by the parties.
21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement.
22. Partial In validity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force.
23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of Califo rnia. Any action commenced regarding this Agreeme nt shall be filed in the Central Branch of the San Diego Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
25. Survival . All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsi bility or liability between the City and Attorney survive the termination of this Agreement.
26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political Reform Act conf lict of interest and disclosure provisions and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit B , or if none are specified, then as determined by the City Manager.
IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year shown hereinabove.
CITY OF CHULA VISTA
By: ______________________________________________________ Glen R. Googins, City Attorney
ATTORNEY
By:
______________________________________________________
Insert Signer Name and Title
12 EXHIBIT A1 to ATTACHMENT 1
Anticipated Scope of Required Services
Subject to the limitations identified in this Exhibit A1 , the Acting City Attorney will be responsible to perform or manage, in coordination with existing City Attorney ’s office staff, and/or outside counsel under contract with the City, all City Attorney duties as identified in and in accordance with the City Charter, the Chula Vista Municipal Code, a ny City-wide or department policies, including but not limited to the following:
1) Act as the City of Chula Vista’s Acting City Attorney. 2) Perform, or supervise the performance of, all legal affairs on behalf of the City. 3) Represent and advise City Council and all City Officers in all matters of law pertaining to their offices and advise all boards and commissions, and other agencies of the City on legal matters referred to the City Attorney, and render legal opinions when requested by City Council , C ity Manager, City Clerk or any board or comm ission with decision making authority.
4) Represent, defend, and appear for the City and any City Officer or employe e, or former City Officer or employee as required by law or City policy in any and all legal actions and proceedings.
5) Attend and advise at all regular and special meetings of the City Council. 6) Attend and advise at board and commission meeting as necessary. 7) Attend and represent City at administrative hearings as necessary. 8) Oversee the preparation of all contract s made by and all bonds given to the City, and approve the form of same in writing.
9) Oversee the preparation of any and all proposed ordinances or res olutions for the City, and approve the form of same in writing.
10) Review and approve all other necessary legal documents in the City ’s performance of its municipal functions such as: real property instruments of varying nature including purchase agreements and escrows, leases, coven ants, deeds, easements , and licenses; bond size, amount, and offering terms and conditions; public works construction documents including bid specifications, contracts, bonds, insurance, liens and related documents; memorandums of understanding; franchise agreements; bargaining agreements and bargaining agreement language, employment agreements, independent contract agree ments, investigation reports, as required, public records act response s, requests for proposals and sim ilar proc urement and solicitation documents, and other legal documents.
11) Prosecute, in the Acting City Attorney ’s professional discretion, all offenses against the ordinances of the City and State (as authorized/required by law). 12) Exercise discretion as to when to co mmence or maintain legal p roceedings whenever a civil cause of action exists in favor of the City, subject to Council approval or ratification. 13) Consistent with al l applicable ethical rules and guidance, commence or maintain legal proceedings as directed by the City Council.
14) Surrender to the Acting City Attorney’s successor all books, papers, files etc. 15) Oversee or provide input regarding court appearances hand led by the City Attorn ey’s Office or outside counsel.
16) Provide supervisory support to the attorneys and staff of the Ci ty Attorney’s Office consistent with the City Charter and personnel rules.
17) Retain and work with existing outside legal coun sel on specific litigation or transactional advice matters, subject to the limitations identified herein. 13 18) Work collaboratively with the City Attorney’s Office staff and the Acting City Attorney’s successor to properly transition performance of job duties to the City Attorney. 19) May appoint Assistant or Deputy City Attorneys for the term of the Acting City Attorney, subject to the limitations identified herein.
20) May employ special legal counsel and appraisers, engineers, and professionals for handling of litigation, subject to the limitations identified herein.
Limitation on Services
The Acting City Attorney will perform certain services in a limited capacity as provided below:
1) Any employment-related decisions with regard to City employees , such as hiring, discipline, termination, or salary step increa ses/decreases, must be approved in advance by the City Manager.
2) Entering into, amending, or terminating current City contracts with vendors m ay occur only after prior consultation with the identified City Attorney Office representative and advance approval by the City Manager.
3) Entering into, amending, or te rminating current City contracts with outside counsel may occur only after prior consultation with the identified City Attorney Office representative and advance approval by the City Manager.
4) Delegation of tasks wi thin the City Attorn ey’s Office may occur only after consultation with identified City Attorney Office representative.
14 EXHIBIT A2 to ATTACHMENT 1
Billing Standards
The Acting City Attorney (“Attorney”) shall follow all of the below billing standards:
1) All cases shall be billed monthly pursuant to section 3 of this Agreement, and shall comport with State and ABA billing standards.
2) The fee portion of each invoice shall include the attorney’s name (or initials, if full name is noted elsewhere on invoice), amount, date work was performed, the amount of time expended, rate per hour, and a brief description of the services rendered as a basis for fee calculation, or other method of determining the fees. All tasks set forth in Attorney’s billing documentation shall be specific and detailed. Examples of unacceptable billing entries include but are not limited to: overly generalized listings of task descriptions (e.g., “review contract” or “prepare for negotiations”); double staff or attorney time on any task, unless expressly authorized by the City Manager; block bil ling; time billed for additional newly assigned attorney(s) to learn case file; assigned work by law clerks; administrative costs; wo rd processing charges; secretarial or clerical charges; time spent on researching and/or drafting work that Attorney has done and billed another client for in the past.
3) Hourly billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increme nt is billed.
4) The cost and expense portion of the invoice shall clearly identify the nature and amount and any other cost(s) billed to City and must be separately itemized with prior written approval of the City Manager . Any experts or contractors hired by Attorney on behalf of City whose charges are billed through the Attorney must also provide such billing itemization and such billing shall be attached to the billing pr ovided to City by Attorney.
Professional fees and expens es invoiced to City shall be due and payabl e within thirty (30) days after receipt of Attorney’s statement.
5) In support of payment for such bill, Attorney shall furnish payroll records, bills, invoices, receipts or other evidence of reimbursable expenses incurred as reasonably requested by the City Manager. City reserves the right to require additional substantiation of any item of claimed expense.
6) If representing City in active litigation, Attorney shall prepare a brief summary of activity on each case on a quarterly basis.
7) Third party charges are billable at actual cost.
8) Postage charges are billable at actual cost.
9) Expert witness fees are not automatically authorized. Attorney shall obtain approval for each expert witness from the City Manager.
10) Billing that can be reimbursed through payment out of City identified enterprise funds or developer/applicant accounts shall be prepared in accordance with the requirements identified for such reimbursements.
15 EXHIBIT B to ATTACHMENT 1
STATEMENT OF ECONOMIC INTERESTS
CITY OF CHULA VISTA
AND
INSERT LAW FIRM NAME
Attorney: Insert Attor ney Name
( ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer.
( ) FPPC Filer.
If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at c onclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer.
If Attorneys are designated as FPPC filers, specify below which disclosure categories apply:
( ) 1. All investments, sources of income, and business positions; ( ) 2. Interests in real property located in the City of Chula Vista; ( ) 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of a City department; ( ) 4. Investments, business positions in business entities, and sources of income that engage in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City of Chula Vista;
( ) 5. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to the City of Chula Vista; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by the City;
( ) 6. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to a City department; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by a City department;
( ) 7. Investments, business positions in business entities, and sources of income that, within the past two years, have received grants or other monies from or through the City of Chula Vista.