CITY OF CHULA VISTA
Statement of Proposal/Qualifications
for Acting City Attorney Services
February 1, 2023
Submitted by
Morgan L. Foley, Principal/Secretary
McDougal Boehmer Foley Lyon Mitchell & Erickson
TABLE OF CONTENTS
TABLE OF CONTENTS 1
INTRODUCTION 2
ABOUT US 3
FIRM ORGANIZATION 4
OFFICE LOCATION AND RESPONSE TIMES 5
LEGAL SPECIALTIES 6
CLIENT LIST 7
QUALIFICATIONS OF CANDIDATES 9
REFERENCES 11
TRANSITION PLAN/WORKLOAD 13
CONFLICTS OF INTEREST 14
CONFIDENTIALITY OF INFORMATION 15
INSURANCE COVERAGE 16
SCHEDULE OF PROPOSED RATES 18
STANDARD BILLING INFORMATION 19
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 1
SECTION ONE: COMPANY PROFILE
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 3
ABOUT US
The law Firm of McDougal Boehmer Foley Lyon Mitchell & Erickson is a professional corporation, licensed in the State of California. The Firm was established in San Diego County in 1946 and incorporated in 1975. S ince its founding, the Firm has represented cities and special districts in San Diego County longer than any other local law Firm. The attorneys at the Firm combine over 100 years of litigation and municipal law experience.
As a mid -size legal Firm, we are large enough to provide our clients with a strong group of professionals who offer a variety of experience and specialties, but small enough to provide personalized service. This high level of service is the reason our Firm has enjoyed longevity with many of our clients, some of whom we have represented for decades.
We pride ourselves on these values:
• Personalized Service. Our attorneys provide personal services to clients on an ongoing basis and at every stage of their representation. Our city attorneys and general counsels do not just appear at the public meetings; they are personally involved in providing day-to- day advice and services and are in constant communication with the client agencies and officials to ensure that timely and high-level service is provided. • Convenience. We have one centrally located office that allows us to provide convenient service to clients in all areas of San Diego County, Riverside County, San Bernardino, and Imperial County; and the same location will easily allow us to provide that same level of service to the City.
• Value. Our size allows us to manage our costs and expenses so that we can provide all our legal services at competitive rates.
• Experience. Our litigation and public agency attorneys combine over 100 years of experience. Wh en you entrust our Firm with your legal representation, you can be confident your representation is in experienced hands.
Our attorneys provide a full range of legal services including municipal law, special district law , appeals and writs, business and corporate law, family law, labor and employment, and general civil litigation.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 4
FIRM ORGANIZATION
The majority of the Firms principals and associates specialize in municipal and special district law and/or litigation. In addition to the primary attorneys to be assigned to the City, all the attorneys below have extensive relevant experience for providing consultations or services to the City and may do so on an as-needed basis.
LITIGATION PUBLIC AGENCY/MUNICIPAL
Steve E. Boehmer, Principal Morgan L. Foley, Principal Carrie L. Mitchell, Principal Jennifer M. Lyon, Principal John E. Petze, Senior Trial Counsel R. Randall Erickson, Principal M. Anne Cirina, Senior Associate Cory R. Lacy, Associate Matthew A. Thurmer, Associate Mark-Robert Bluemel, Associate Trentan Cunningham, Associate Joshua Taylor, Associate Amy Blake, Paralegal Emily Morissette, Associate
Alexis Goldberg, Paralegal Julia Wolpert, Associate
Office Administrator is Victoria L. Miller. Marketing Director is Lisa Vargas The Firm intends to make the proposed key personnel available to perform legal services for the duration of the contract.
Please visit www.mcdougallove.com for more information about our principals and associates who are municipal law and/or litigation specialists.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 5
OFFICE LOCATION AND RESPONSE TIMES
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 6
LEGAL SPECIALTIES
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 7
CLIENT LIST
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 8
SECTION TWO: ATTORNEY
CANDIDATES AND RESUMES
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 9
QUALIFICATIONS OF CANDIDATES
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 10
SECTION THREE: REFERENCES
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 11
REFERENCES
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 12
SECTION FOUR: ADDITIONAL
INFORMATION
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 13
TRANSITION PLAN/WORKLOAD
Our Firm will provide legal services as soon as the City requests such services. While Mr. Foley’s status as city attorney to the City of El Cajon might result in the occasional need for coverage with the City, Ms. Lyon and Mr. Lacy are available to immediately provide legal services to the City. In addition, management for the City of El Cajon understands and wholeheartedly endorses the concept of assisting the City of Chula Vista by allowing Mr. Foley to prioritize his duties as necessary, for the benefit of both cities. With both Chula Vista and El Cajon having meetings on the second and fourth Tuesday, El Cajon understands that Ms. Lyon and Mr. Lacy might need to fill in for meetings in El Cajon as necessary, on this temporary assignment.
Our attorneys will meet with the Mayor, City Councilmembers, the City Manager and her staff, as well as the City Clerk and City Attorney’s Offices to be informed about current legal issues and to receive instructions on current projects. Our Firm is committed to providing superb legal services in a prompt fashion and will take all necessary steps to make sure the City ’s needs are fully addressed.
The Firm has a history of providing acting city attorney services in situations where a more permanent candidate is selected – in this instance with the election of a new city attorney. We believe that the departing City Attorney has previously established a plan on transitioning to the next elected City Attorney, through contracts with outside special counsel, and believe that his foresight will not only aid any attorney selected as Acting City Attorney but will also transition operations of the department in both a seamless and efficient manner. We have no intentions of changing this plan and these relationships, and we fully support continuing the implementation of this plan while serving as Acting City Attorney.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 14
CONFLICTS OF INTEREST
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 15
CONFIDENTIALITY OF INFORMATION
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 16
INSURANCE COVERAGE
Please refer to the Firm’s RFQ Response.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 17
SECTION FIVE: FEE PROPOSAL
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 18
SCHEDULE OF PROPOSED RATES
The Firm proposes two (2) options for compensation.
1. Hourly rate at $195; or
2. A hybrid fee structure for Acting City Attorney services for the City’s consideration:
Monthly Flat Fee For General Acting City Attorney Services (up to 90 hours a month); or $ 16,000
Monthly Flat Fee For General Acting City Attorney Services (over 90 hours and up to 120 hours a month) $21,000
For hourly rates for Special Acting City
Attorney Services and for hours exceeding
120 in a month:
Attorney – Partner or Associate $ 195
Law Clerk / Paralegal $ 100
As public agency attorneys, we are mindful of the fiscal constraints such agencies face. As such, we make every attempt to keep our costs and expenses as reasonable as possible. We realize that no billing arrangement is perfect and, therefore, are willing to negotiate what may be a more suitable arrangement to the City’s specific needs. We also recognize that the services being offered will likely not involve most, if not all, of the Special Acting Attorney Services described below, as those services will likely continue to be provided by the existing staff of the City Attorney’s office.
General Acting City Attorney Services:
1. Attendance at all City Council meetings;
2. Attendance at Department Director meetings, staff meetings of the Department, workshops, and committee meetings as requested by the City Manager or City Council;
3. Research, preparation or review of all written opinions, ordinances, resolutions, agreements, leases, licenses, public works contracts, and other documents of a legal nature necessary or requested by the City Council or City Manager (excepting therefrom such documents that are a part of any matter related to the issuance of bonds, notes, or other similar financing arrangements involving the City);
4. Provision of legal advice on behalf of the City to Council Members, City Manager, Commissioners, Department Directors, and other designated personnel;
5. Rendering advice as to personnel matters (except representing the City before its Personnel Commission, or appeals therefrom); and
6. Rendering advice and assistance in the administration of the City’s general liability risk management and insurance programs.
Special Acting City Attorney Services:
1. Appearances in court or any administrative proceedings; and
2. Special projects as directed by the City Council or City Manager, or as arranged between the Acting City Attorney and the City Manager.
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 19
STANDARD BILLING INFORMATION
The Firm charges for attorney and paralegal time in 1/10th hour increments and makes no separate charges for postage, secretarial or other administrative services. Our fees include all routine word processing, secretarial and office costs associated with the provision of legal services.
Reimbursement of costs advanced by the Firm on behalf of the City, as well as other expenses, will be billed in addition to the amount billed for fees – these include actual expenses incurred by the Firm that are related t o City business, including some long -distance telephone charges, photocopy charges at the rate of $.10 per page, and any costs of producing or reproducing photographs, documents, and other items necessary for legal representation.
The Firm does not charge for routine travel time or expenses for travel to or from its clients or for appearances at the local court for its public clients.
Costs will be billed at the Firm’s actual costs, including, but not limited to, online legal service expenses, filing fees, copies, faxes, and other expenses.
The Firm maintains accurate, daily entries of its legal services. The entries are comprehensive, allowing the client to analyze the work performed and amount of time spent on specific tasks or projects. Monthly billings will include a report on the total amount of fees incurred by the client, to date of the invoice, and provides a breakdown of the work performed, and the professional providing each item of work.