CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Marlon L Osum, Member
Amit Pal, Member
CITY COUNCIL MEETING
A G E N D A
REGULAR MEETING OF THE SUISUN CITY COUNCIL,
SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,
AND HOUSING AUTHORITY
TUESDAY, SEPTEMBER 19, 2023
6:30 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California
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AGENDA REVISED
CITY COUNCIL MEETINGS ARE HELD IN-PERSON
PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:
WEBSITE: https://zoom.us/join
MEETING ID:
860 4003 9913
CALL IN PHONE NUMBER: (707) 438-1720
REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720
(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)
(Next Ord. No. – 804)
(Next City Council Res. No. 2023 – 130)
(Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 03)
ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation
CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
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Deputy City Manager Update – (Lofthus: [email protected]).
2 Presentation of Proclamation Proclaiming September 17 through 23, 2023 as "Constitution Week" in Suisun City - (Hernandez: [email protected]).
3 Council/Board Member Updates.
City Council
4 Discussion and Adoption of Resolution No. 2023 -___: A Resolution of the City Council of the City of Suisun City Appointing an Acting City Manager - (City Attorney).
5 Discussion and Direction for Issuance of a Request for Proposal (RFP) for City Attorney Services - (Lofthus: [email protected]).
6 Council Consideration and Introduction of Ordinance No.___: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code - (City Attorney).
City Council
7 Council Adoption of Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Villalobos & Associates for the Rectangular Rapid Flashing Beacons Project - (Vue: [email protected]).
8 Council Adoption of Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with GradeTech, Inc. for the Green Stormwater Infrastructure Project - (Vue: [email protected]).
9 Council Adoption of Resolution No. 2023-__: Authorizing the City Manager or Deputy City Manager to Enter into a Joint Use Agreement with the Fairfield-Suisun Unified School District. - (Lofthus: [email protected])
REPORTS (Informational items only.)
PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).
PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.
Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
COUNCIL COMMENTS
GENERAL BUSINESS
CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.
2 Joint City Council / Suisun City Council Acting as Successor Agency / Housing Authority
10 Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on September 5, 2023 and September 12, 2023; the City Council/Planning Commission meeting held on August 29, 2023; and the Joint City Council/Suisun City Historic Waterfront Business Improvement District Meeting held on September 12, 2023 – (Skinner: [email protected]).
Joint City Council / Suisun City Council Acting as Successor Agency
11 Council/Agency Approval of August 2023 Payroll Warrants in the Amount of $690,859.43 and Council/Agency Approval of the August 2023 Accounts Payable Warrants in the Amount of $6,046,602.49 - (Finance).
Housing Authority
12 Housing Authority Adoption of Resolution No. HA 2023-___: Approving Submittal of the 5- Year Public Housing Agency Plan for 2020-2024, and Authorizing the Executive Director to Execute Certification. - (Goltiao: [email protected])
City Council
13 Council Consideration and Introduction of Ordinance No. __: An Ordinance of the City Council of the City of Suisun City Amending Title 18 (Zoning) of the Suisun City Municipal Code Modifying the Fences and Walls Regulations (Continued from September 5, 2023) - (Bermudez: [email protected]).
14 Non-Discussion Items.
PUBLIC HEARING
REPORTS: (Informational items only)
ADJOURNMENT
Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas
The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.
3 Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you.
Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.
Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.
Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.
Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:
Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 4 5
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6 AGENDA ITEM NO. 4
AGENDA TRANSMITTAL
MEETING DATE:
September 19, 2023
CITY AGENDA ITEM:
Discussion and Adoption of Resolution No. 2023 -___: A Resolution of the City Council of the City of Suisun City Appointing an Acting City Manager.
FISCAL IMPACT:
If the Appointment to Acting City Manager lasts more than 7 days, Acting Pay of 10% of base pay.
STRATEGIC PLAN:
Ensure Good Governance.
BACKGROUND:
Effective September 15, 2023, the City Council placed Greg Folsom, City Manager, on paid administrative leave until further notice.
STAFF REPORT:
Effective September 15, 2023, the City Council placed Greg Folsom, City Manager, on administrative leave. To ensure continuity and minimize disruption, it is advisable for Council to appoint an Acting City Manager for a limited time. Pursuant to Section 2.08.020 of the Suisun City Municipal Code, “the city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability” and “shall hold office at and during the pleasure of the city council.”
In accordance with Article III, Section 01 of the City of Suisun City’s Amended and Restated Schedule of Benefits for Unrepresented Employees, Effective April 5, 2022, Adopted by Resolution No. 2022-55, any employee appointed to Acting City Manager status for more than 7 days shall receive Acting Pay of 10% of base pay.
STAFF RECOMMENDATION:
It is Recommended that the City Council Adopt Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Appointing an Acting City Manager and appoint an individual to the position.
DOCUMENTS ATTACHED:
1 .
Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Appointing an Acting City Manager.
PREPARED BY:
Elena Gerli, City Attorney
REVIEWED BY:
Kris Lofthus, Deputy City Manager
APPROVED BY:
Kris Lofthus, Deputy City Manager
ATTACHMENTS:
1. Resolution Appointing Acting City Manager.pdf
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28 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
APPOINTING AN ACTING CITY MANAGER
WHEREAS, effective September 15, 2023, the City of Suisun City’s City Manager was placed on administrative leave.
WHEREAS, the City Council wishes to appoint an Acting City Manager to ensure continuity and stability at the City.
WHEREAS, pursuant to section 2.08.020 of the Suisun City Municipal Code, “the city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability” and “shall hold office at and during the pleasure of the city council.”
WHEREAS, ________________________________ has demonstrated the executive and administrative qualifications and ability to serve as Acting City Manager while the City recruits a permanent City Manager.
WHEREAS, _______________ shall commence work as Acting City Manager on September 20, 2023, and if he serves in this capacity for more than 7 days, will be entitled to Acting Pay of 10% of his base pay.
WHEREAS, the City now desires to formally appoint ________________ as the City’s Acting City Manager.
WHEREAS, __________ desires to serve as the City’s Acting City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun City as follows:
1. The recitals above are true and correct and incorporated herein by this reference.
2. The City Council hereby appoints ____________________ as Acting City Manager.
3. Consistent with section 2.08.020 of the Suisun City Municipal Code, ________________ is appointed to the position of Acting City Manager on an at -will basis. Nothing herein shall prevent ____________ from resuming his current duties as ______________ when the City Council elects to transition to a new city manager or interim city manager.
4. Starting after 7 days in the position of Acting City Manager, t he City Council hereby authorizes Acting Pay of 10% of base pay for the duration of ___________’s service as Acting City Manager.
5. Upon the appointment of a n Interim City Manager or permanent City Manager, ____________ will remain as the Interim City Manager for a period of two weeks in order to effectuate a smooth transition in leadership of the City. Thereafter, ____________’s appointment as Acting City Manager will terminate.
8 Resolution No. 2023-
Adopted September 19, 2023
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PASSED AND AD OPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 19th day of September 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 19th day of September 2023.
Anita Skinner
City Clerk
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10 AGENDA ITEM NO. 5
AGENDA TRANSMITTAL
MEETING DATE:
September 19, 2023
CITY AGENDA ITEM:
Discussion and Direction for Issuance of a Request for Proposal (RFP) for City Attorney Services.
FISCAL IMPACT:
There would be no direct impact to the General Fund from this action unless Council directs the use of a third party to manage a potential RFP or Recruitment process.
STRATEGIC PLAN:
Provide Good Governance.
BACKGROUND:
Aleshire & Wynder, LLP (A&W) has been the firm representing Suisun City as City Attorney since 2009. A&W was selected after a Request for Proposal (RFP) process.
The job of the City Attorney is to advise city officials in all legal matters. The City Attorney’s Office handles a multitude of types of issues because the management of a city is very complex. Some examples of matters handled by the City Attorney’s Office include:
1 .
Legal Advice: The city attorney advises the city's elected officials, administrative staff, and various departments on legal matters. This may include interpreting local, state, and federal laws, regulations, and ordinances to ensure the city's actions and policies are in compliance with the law.
2 .
Drafting and Reviewing Documents: The city attorney is responsible for drafting and reviewing legal documents, such as contracts, ordinances, resolutions, and other legal agreements entered into by the city.
3 .
Litigation: If the city becomes involved in legal disputes, the city attorney represents the city's interests in court. This may include defending the city against lawsuits or initiating legal actions on behalf of the city.
4 .
Code Enforcement: The city attorney may be involved in enforcing local codes and ordinances.
This could involve prosecuting violations and working with other city officials, such as code enforcement officers, public nuisance abatement, and seeking appointment of a receiver. 5 .
Land Use and Zoning: City attorneys often play a role in land use and zoning matters. They may advise on zoning regulations, participate in planning and zoning meetings, help with California Environmental Quality Act (CEQA) compliance, and help draft zoning ordinances, including navigating the ever increasing laws that seek to remove roadblocks to the construction of housing. 6 .
Public Meetings: The city attorney may attend city council meetings and other public meetings to provide legal guidance and ensure compliance with open meeting laws. 7 .
Employment Law: City attorneys may handle employment-related legal matters, such as advising on labor laws, labor negotiations, employee contracts, and handling employment disputes. 8 .
Public Records and Open Government: They may be responsible for ensuring compliance with public records laws and open government requirements, including providing access to public records and responding to public records requests, including managing redactions, as necessary. 9 .
Ethics and Conflict of Interest: City attorneys often advise on ethical matters and potential conflicts of interest for city officials and employees. 10 .
Legislation: In some cases, city attorneys may assist in the drafting and review of proposed 11 legislation or ballot measures and work with elected officials on policy matters. 11 .
Criminal Procedure Law: City attorneys must respond to Pitchess motions. A Pitchess motion is a legal motion used in criminal cases in California to discover and obtain certain confidential personnel records of law enforcement officers involved in a case. The response to a Pitchess motion by the city attorney involves managing the disclosure or non-disclosure of relevant personnel records.
The City Attorney’s Office is a necessary part of providing good governance for the city. The hiring of the City Attorney, or a City Attorney firm, is completely within the purview of the City Council.
STAFF REPORT:
In response to the directive issued on August 5, 2023, staff has undertaken an evaluation of potential approaches to providing City Attorney services. The objective was to identify viable models that align with our city's specific needs and priorities. This report outlines the findings of our research and presents the available options for your consideration.
Research and Survey Results
To develop a well-informed recommendation, staff engaged in a survey that included communication with other municipalities to understand their prevailing models for City Attorney services. This survey is included as Attachment 2. Additionally, we referenced the 2018 Solano County Grand Jury Report, which provided valuable insights into this matter (attached as "Attachment 1").
Options for City Attorney Services
The research identified three primary models for providing City Attorney services, each with its own merits and considerations:
1 .
Contracted (Outsourced) City Attorney Firm:
This model involves partnering with an external
law firm to deliver legal expertise. The firm designates a "City Attorney" and other "Deputy City Attorneys" with specialized areas of focus. Contracts are usually structured with a retainer for a specified number of hours at varying hourly rates.
2 .
Full In-House City Attorney’s Office:
Under this model, the city employs its own legal team,
including a City Attorney and supporting staff. This approach ensures direct accessibility and institutional knowledge.
3 .
Combination (Hybrid) Model:
The hybrid model integrates elements of both the in-house and outsourced models. It typically involves maintaining an in-house legal team while contracting specialized legal services for specific areas of law requiring expertise.
Factors Impacting Implementation
The decision to adopt a specific model hinges on factors unique to our city's context, including the complexity and frequency of legal matters. The size of the City Attorney's staff correlates with the scope of in-house legal services desired. Examples from comparable municipalities underscore the variability in staffing requirements:
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Brentwood: Population 64,513; 6 FTE in City Attorney’s Office. 2 .
Burlingame: Population 30,106; 3.5 FTE plus contract for specialty services. 3 .
San Luis Obispo: Population 47,545; 8 FTE in City Attorney’s Office. 4 .
San Pablo: Population 36,000; 2 FTE in City Attorney’s Office.
Cost Considerations
Estimating the cost of establishing an in-house City Attorney's Office is complex. The approximate 12 annual cost for an in-house City Attorney in Suisun City would likely range from $350,000 to $400,000, including benefits. Supporting staff such as a legal secretary or paralegal would require an additional $100,000 to $125,000. However, even with an in-house team, contracting for specialized services and litigation is often necessary.
Facility and Resource Requirements
Should the Council opt for in-house services, accommodating office space and resources would be imperative. Current space limitations at City Hall will likely necessitate the relocation of other departments to accommodate the City Attorney's Office.
Pros and Cons
An analysis of the pros and cons of both in-house and outsourced City Attorney services highlights distinct advantages and drawbacks for each approach.
Outsourced Attorney:
Pros:
Offers third party perspective and impartiality
Has access to expertise and knowledge of other municipalities, histories and responses Skilled in or has access to specialty areas such as water rights, land use, regulatory issues, and California Environmental Quality Act
Can be cost effective as only services rendered are chargeable Clinical approach to risk management
Is skilled at providing immediate cost effective answers As a consultant there are no employee benefits and terminating a contract usually involves no monetary penalties
No additional overhead costs for office space or supplies Likely to be less expensive than In-House City Attorney Cons:
Every interaction is billable
Higher variable costs, so the greater use of the attorney equates to higher monthly bills Attorney may or may not be local
Cannot just walk over to talk to attorney
Attorney may represent one or more other cities and may not be immediately available Less control over the assigned attorney
In-House Attorney:
Pros:
Provides institutional knowledge, accessibility and continuity Has an intimate and expanding knowledge of the city, its employees and citizens/public Is readily accessible with no thought of an hourly fee
Contributes leadership skills
Can help the organization develop and manage future risk Has a unique opportunity to build community trust
As a municipal employee has a set hour work day schedule which provides the budget with a fixed cost associated with salary and benefits
Cons:
Much more difficult and costly to change attorneys
High fixed costs restricts ability of city to cut costs by reducing use of attorneys City likely to need more staff than just one attorney
In-house attorney will likely need a law library of some sort 13 Currently no space at City Hall for a City Attorney’s Office and staff without displacing another department
In an increasingly complicated legal environment, a generalist has limits in specialty areas of the law, so City will still likely need to contract for specialized legal services and litigation at an unknown cost
Potential lack of attorney services when employee is sick or on vacation, depending upon the number of attorneys or ability to use contract law firm Likely to be more expensive than outsourcing
Next Steps
Given the complexity of the matter and the unique circumstances of our city, the decision regarding the preferred model for City Attorney services necessitates careful deliberation. Staff seeks guidance from the City Council on the following aspects:
1 .
Further Direction:
Which model does Council wish to pursue?
2 .
Ad Hoc Committee:
Does the Council want to create an ad hoc or continue to give direction as a body?
STAFF RECOMMENDATION:
It is recommended that the City Council discuss this topic and provide direction to staff.
DOCUMENTS ATTACHED:
1 .
Grand Jury Report, 2018
2 .
Survey results
3 .
City of Arcata RFP, 2023
4 .
City of Watsonville RFP, 2021
5 .
City of Placerville RFP, 2021
6 .
City of St. Helena RFP, 2019
7 .
City of Benicia RFP, 2018
8 .
City of Clearlake RFP, 2014
9 .
City of Suisun City RFP, 2009
10 .
Aleshire & Wynder Contract, 2009
11 .
Aleshire & Wynder Contract Amendment, 2022
12 .
PowerPoint Presentation
PREPARED BY:
Kris Lofthus, Deputy City Manager
ATTACHMENTS:
1. Grand Jury Report, 2018.pdf
2. Survey Results.pdf
3. City of Arcata RFP, 2023.pdf
4. City of Watsonville RFP, 2021.pdf
5. City of Placerville RFP, 2021.pdf
6. City of St. Helena RFP, 2019.pdf
7. City of Benicia RFP, 2018.pdf
8. City of Clearlake RFP, 2014.pdf
9. City of Suisun City RFP, 2009.pdf
14 10.
Aleshire & Wynder Contract, 2009.pdf
11. Aleshire & Wynder Contract Amendment, 2022.pdf
12. PowerPoint Presentation.pdf
15 SOLANO COUNTY GRAND JURY
2017-2018
FUNCTIONAL ANALYSIS
CITY ATTORNEY POSITION
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Functional Analysis
City Attorney Position
Solano County Grand Jury 2017-2018
I. SUMMARY
The 2017-2018 Solano County Grand Jury (SCGJ) conducted an informational investigation to examine the functions, duties and responsibilities of the city attorney’s offices within the seven cities of Solano County. The scope focused on identifying the cities contracting (outsource) the service versus engaging an in-house attorney (city employee) and analyzing the cost effectiveness/benefit of both scenarios.
In the complicated and complex environment of local California governance, cities need proficient legal advisors. Whether contract or in-house, city attorneys are a necessary fixture.
The Grand Jury’s overview comparing an outsource model vs. an in-house city attorney found the cities have different approaches with significantly different financial impacts.
In Solano County, how a city chooses to organize its legal department, given the need for accessing highly specialized legal knowledge, varies. The decision often takes into account a community’s size, financial position, history and the complexity of the issues it faces on a daily basis. Cost is a constant concern and cities must make the best cost effective decision for the city, not necessarily the cheapest. This analysis should be an ongoing process with periodic reviews undertaken to determine if an in-house, outsourced, or a combination (hybrid) system will be best suited for the city. The Grand Jury’s research determined there is no real standard or one-size-fits all approach. All configurations have merits and drawbacks. Municipalities must decide on the options best suited for them.
Based on information gathered by the Grand Jury, it became apparent the cost for defending lawsuits varied depending upon the nature of the action filed against the city. Defense of these lawsuits may result in a major expense. Officials must feel confident the guidance/solution from their city attorney will be practical, resourceful and accomplish the city’s goals and objectives.
Internal oversight should determine the reason(s) why legal issues occur and conclude what action could have been taken to prevent them. Implementation of appropriate preventative controls and oversight can avoid costly legal actions going forward.
II. INTRODUCTION
The city attorney plays an important role in California and can be either appointed or elected.
Government Code section 36505 allows city councils to appoint city attorneys. In most general law cities1 the city council appoints the city attorney. Charter cities2 can enact a provision in the
1 A general law city is a municipality that is limited to governmental structures and powers specifically granted by state law. 17 - 3 -
charter requiring the appointment or election of the city attorney. There are only a few California cities that have an elected city attorney, none in Solano County.
The city attorney’s office serves as the legal advisor and legal representative to the city council, city officials, departments and commissions in conducting city business. The office provides a wide assortment of services to the city, such as representing the city in litigation, preparing ordinances and resolutions, and reviewing and preparing contracts.
There are a number of approaches for providing legal services. They include contracting (outsource) the service, engaging an in-house attorney (city employee) or a hybrid where a single fulltime city attorney is hired to provide general legal services, oversee legal functions and outsource specialized expertise on an as needed basis.
III. METHODOLOGY
Techniques used in deriving facts included:
• Interviewed city representative(s) from:
o Dixon, Fairfield, and Vallejo
• Reviewed transparentcalifornia.com for compensation figures (salary and benefits) for in-house City Attorneys for 2012-2016
• Reviewed city attorney’s position descriptions and duties • Reviewed Government Code:
o sections 41801 - 41805
o sections 34100 - 34102
o §36505
• Examined all seven Solano County city websites for information regarding the City Attorney
• Examined listings of legal actions filed by or against the cities during Fiscal Year Ending (FYE) 2016-2017
• Examined all General Ledger income and expense detail reports for FYE 2016 and 2017 for all Solano County cities
• Analyzed grand total of expenditures for all legal related expenses across all funds, departments, and accounts from the seven cities
2 In the United States, a charter city is a city in which the governing system is defined by the city's own charter document rather than by general law.
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IV. STATEMENT OF FACTS
A. City Attorneys in Solano County
The City Attorney provides a vital function to all municipal departments. The function of a City Attorney’s Office is to provide meaningful, ethical advice, effective legal representation, and other legal services in order to attain the City’s goals without undue risk.
The role a city attorney plays in a city organization is impacted by whether the city attorney is a full-time employee with or without in-house staff, or a contract attorney from a law firm. In either case, city attorneys do not provide legal services to individual residents.
When it comes to city attorneys, the seven Solano County cities have different approaches for their legal departments/services with significantly different financial impacts. Cost is a constant concern when it comes to a city attorney’s office. Benicia, Vacaville, and Vallejo have in-house legal departments where the City Attorney and staff are city employees. Generally, cities with larger populations or charters have a city attorney as a full-time employee, although small cities may also choose this relationship.
In these in-house arrangements, the city attorney may also have a deputy city attorney and in addition to paying employee salaries, the city provides benefits, an office, membership to professional associations, continuing legal education, supplies, staff and secretarial assistance.
The size and makeup of theses offices vary; the 2017 Full Time Equivalent (FTE) department staffing was 2.75 in Benicia, 4.0 in Vacaville, and 11.0 in Vallejo.
Cities that have in-house legal services have a fixed cost (a large portion of the cost is comprised of salary and benefits), while cities that opt for outside counsel have a variable cost. Fixed costs are due regardless of usage while variable costs are paid only when used. It is incumbent upon the cities to look at the demand for services to find the most suitable option.
The following table reflects a five-year comparison of in-house salary and benefits for the City Attorney position.
Table 1 – In-House City Attorney Salary & Benefits Data City
FYE
2012
FYE
2013
FYE
2014
FYE
2015
FYE
2016
Benicia $266,830 $254,451 $265,266 $265,266 $292,170
Vacaville $283,313 $302,756 $326,567 $351,581 $398,747
Vallejo $244,413 $303,772 $322,749 $372,157 $367,117
Source: Transparentcalifornia.com website
The cities of Dixon, Fairfield, Rio Vista, and Suisun City contract (outsource) with a law firm for their legal services. An attorney from within the contracted firm is usually appointed by the city council to act in the role of City Attorney.
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An outsourced city attorney/firm is an independent contractor, which means that the attorney/firm and the city enter into a professional services agreement. This agreement generally provides that the city attorney will provide services, as defined in the agreement, for a retainer. If a yearly retainer is not used, then the services are provided on an hourly fee basis.
A retainer generally provides for basic services such as attendance at city council and/or applicable meetings, phone call and email responses to city staff and elected officials’ questions, drafting resolutions, ordinances and city contracts. A retainer can provide for a maximum number of service hours or unlimited service hours. If a maximum number of hours is provided for, then the city attorney is paid on a per hour basis once the maximum hours are reached each month.
The following table depicts the information provided to the Grand Jury in response to a Request for Information for the city’s current contract/service agreement containing retainer and billing rate schedule.
Table 2 – Outsourced City Legal Services
City Dixon Fairfield Rio Vista Suisun City
Document
Effective Date
8/12/15 7/1/17 3/7/11 6/2/09
Monthly Retainer
Amount
$15,000 $46,800* $8,500 $7,500
General/Basic
Retainer Hours
Covered Monthly
108 No limit 40 50
Excess Retainer
Hourly Rate
Blended Rate
for all legal
professionals
General/Basic
$150
N/A $215 Blended Rate for all
legal professionals
General/Basic$150
Special Non-Basic
Hourly Rate
Blended Rate
for all legal
professionals
$225
Shareholder/Sr Attorneys
$300-$330
Associates $195-$235
Asst/Paralegal $140-$160
Shareholder/Of Counsel
$225-$300
Principles $210-$250
Associate $190-$240
Paralegals $90-$125
Doc/Law Clerk $85-$110
Blended Rate for all
legal professionals
$200
* Fairfield – Document provided an annual retainer rate for all general services of $561,600. Monthly figure listed is 1/12 of annual amount.
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B. The City Attorney Comparison Tables and Charts
Municipal Law is the area of law specific to the function of a city or county and their governmental bodies. Illustrated in the following condensed table are some of the duties and responsibilities of a city attorney. This is not an all-inclusive list. It is used only to demonstrate the complexities facing city attorney offices and gathered by perusing city websites and responses to informational requests; an empty box does not necessarily mean the function is not performed, rather than it was not listed.
Table 3 – City Attorney Duties List
DUTIES
I = In-House City Attorney
O = Out-Sourced City Attorney
I-BENICIA
O-DIXON
O-FAIRFIELD
O-RIO VISTA
O-SUISUN CITY
I-VACAVILLE
I-VALLEJO
Legal Services, Litigation, Risk, and Administrative
-sets liability claims, insurance and indemnification standards X X X X X -reviews insurance and contracts for compliance X X X X -reviews claims and potential claims mitigating damages to improve conditions
X X X X
-advice on topics (water, wastewater, police, fire, parks, special districts, community services & legislation affecting the city)
X X X X X X X
-prepares/reviews agreements, letters, documents, ordinances, deeds, pleadings & resolutions
X X X X X X X
-performs legal research X X X X X X X
-maintain administrative policies & procedures in the legal dept.
X X X X X
-prepares election documents X X
-supervise/review work of legal & clerical support staff, and dept. budget
X X X
-support and advise city manager, committees, city council, commissions, boards, Human Resources, and staff
X X X X X X X
-attend regular meetings of the City Council or City Manager X X X X X X -ex-officio (prosecuting attorney) and prosecuting criminal violations against city
X X X X
-litigating appeal or petition for extraordinary relief to courts of appellate jurisdiction
X X X
-coordinates special legal counsel, appraisers, engineers, technical and expert services for civil litigation/proceedings
X X X X X X
-attendance at planning commission and other committees created by city council
X X X X
-handle real estate transactions, acquisitions, sale and lease review/negotiations
X X X
-research and services related to wetlands regulatory issues X X -public finance and bond issues X X X
21 - 7 -
The following table specifies which cities have in-house or outsourced City Attorneys. It also provides a five-year comparison of total reported legal expenditures by city. The figures do not include lawsuit settlement agreements paid out by an insurance provider. Settlements can stem from litigation involving police activity, human resources (personnel) issues, land use, etc.
Table 4 – Total Legal Expense Data
Total of Expenditures for all legal related expenses across all funds, departments, and accounts.
City Type FYE 2013 FYE 2014 FYE 2015 FYE 2016 FYE 2017
Benicia In-House $490,862 $474,826 $535,463 $617,363 $824,962 Dixon Outsourced $191,886 $221,586 $298,301 $543,236 $898,019 Fairfield Outsourced $916,382 $953,801 $1,065,800 $1,200,528 $1,073,526 Rio Vista Outsourced $185,153 $277,681 $243,376 $251,227 $147,857 Suisun City Outsourced $180,456 $134,445 $190,260 $152,166 $177,147 Vacaville In-House $1,033,799 $1,128,506 $1,263,868 $1,242,453 $1,132,771 Vallejo In-House $2,103,385 $2,878,304 $3,481,885 $3,114,059 $3,255,821
The following legal expense bar chart is a depiction of the data listed in Table 4 showing the annual fluctuations within the cities.
Chart 1 – Legal Expense Comparison
22 - 8 -
The following table presents a quantitative comparison of the legal costs based on population.
Table 5 – Population and Per Capita Cost Data3
City 2013
Pop.
2013
Per
Capita
Cost
2014
Pop.
2014
Per
Capita
Cost
2015
Pop.
2015
Per
Capita
Cost
2016
Pop.
2016
Per
Capita
Cost
2017
Pop.
2017
Per
Capita
Cost
Benicia 27,864 $17.62 27,831 $17.06 28,053 $19.09 28,174 $21.91 27,695 $29.79 Dixon 18,917 $10.14 19,094 $11.61 19,309 $15.45 19,806 $27.43 19,298 $46.53 Fairfield 109,127 $8.40 110,792 $8.61 112,518 $9.47 114,756 $10.46 114,157 $9.40 Rio Vista 7,727 $23.96 8,027 $34.59 8,313 $29.28 8,641 $29.07 9,019 $16.39 Suisun
City
28,732 $6.28 29,147 $4.61 29,366 $6.48 29,505 $5.16 29,295 $6.05 Vacaville 94,090 $10.99 95,519 $11.81 96,419 $13.11 98,303 $12.64 98,456 $11.51 Vallejo 118,669 $17.72 119,802 $24.03 120,759 $28.83 121,299 $25.67 118,280 $27.53 * Annual population for 2017 was obtained from the County of Solano FY2017/18 Recommended Budget. The remaining years were obtained from an Internet search by city. Listed sources included: United States Census Bureau.
The following per capita bar chart is a depiction of th e data listed in Table 5 showing annual city fluctuations
Chart 2 – Per Capita Cost Comparison
3 Per capita is a Latin term that translates into "by head," basically meaning "average per person." Per capita can take the place of saying "per person" in any number of statistical observances. Per capita data is often used to make economic data comparable across entities of different sizes. Where absolute data is not comparable, per capita data can be used, as it is independent of city size.
23 - 9 -
COMMENTS
The following is a list of selected attributes of In-house and Outsourced City Attorneys.
In-house Attorney
• provides institutional knowledge4,
accessibility and continuity
• has an intimate and expanding
knowledge of the city, its
employees and citizens/public
• is readily accessible with no
thought of an hourly fee
• contributes leadership skills
• can help the organization develop
and manage future risk
• has a unique opportunity to build
community trust
• as a municipal employee has a set
hour work day schedule which
provides the budget with a fixed
cost associated with salary and
benefits
• in an increasingly complicated
legal environment, a generalist
has limits in specialty areas of the
law
Outsourced Attorney
• offers third party perspective and
impartiality
• has access to expertise and knowledge
of other municipalities, histories and
responses
• skilled in or has access to specialty
areas such as water rights, land use,
regulatory issues, and California
Environmental Quality Act
• can be cost effective as only services
rendered are chargeable
• clinical approach to risk management
• is skilled at providing immediate cost
effective answers
• as a consultant there are no employee
benefits and terminating a contract
usually involves no monetary penalties
This list provides a cautionary tale that when a city is analyzing the system that is appropriate for its method of governance, it must understand that both in-house and outsourced legal counsel provide value with merits and drawbacks of their own.
COURTESY COPIES
City of Benicia Mayor
City of Dixon Mayor
City of Fairfield Mayor
City of Rio Vista Mayor
City of Suisun City Mayor
City of Vacaville Mayor
City of Vallejo Mayor
4 Institutional knowledge is gained by organizations translating historical data into useful knowledge and wisdom. 24 - 10 -
City Manager of Benicia
City Manager of Dixon
City Manager of Fairfield
City Manager of Rio Vista
City Manager of Suisun City
City Manager of Vacaville
City Manager of Vallejo
This is an informational report. No response is required
25 City City Population In-house City Attorney - Y or N If Contract City Attorney - Provide Firm Alameda 78,000
Y - 21 FTE:
1 City Attorney
1 Chief Assistant City Attorney
1 Director of Rent Program
1 Police Auditor
1 Chief Planning Council
4 Assistant City Attrorney II
1 Assistant City Attorney I
1 Deputy City Attorney I
3 Paralegal
3 Housing Specialist II
1 Account Clerk
1 Management Analyst
1 Admin Management Analyst
1 Administrative Services Coordinator
Albany
Arcata 17,000 N
Nancy Diamond Law. She is retiring and we are in
the process of hiring another firm and should have
that decided within next 2 weeks
Atherton
Auburn 14,000 N Colantuono, Highsmith & Whatley, PC
Belmont
Benicia 27,000 N Burke Williams
Brentwood 64,513
Y - 6 FTE
1 City Attorney
1 Dep CA
2 Asst CA
1 Exec Asst
1 Admin Secretary
Brisbane
Burlingame 30,106
Y - 3.5 FTE
1 City Attorney
1-Assistant CA
1-Code Enforcement/Sr. Risk Analyst
1/2 shared Exec Asst.
Contract for speciality services i.e. some litigation
and personnel
Capitola
Ceres 49282 N White Brenner
Chico
Carmel-by-the-Sea 4 N Burke , Williams & Sorensen
Citrus Heights
City of Half Moon Bay 11,500 N Shute, Mihaly & Weinberger LLP City of King
City of Suisun City
Clayton
Clearlake 17,000 N Jones and Mayer
Concord 124,000
Y - 5 FTE
1 City Attorney
1 Asst. City Attorney
2 Senior Assistant City Attorneys
1 Executive Legal Secretary
Daly City
Danville
Davis
Dixon 19,000 No
Whitebrenner https://whitebrennerllp.com/
Dublin 80,000 No Meyer's Nave
East Palo Alto
El Cerrito
Elk Grove
Fairfield 120,000 N Richard Watson and Gershon
26 City City Population In-house City Attorney - Y or N If Contract City Attorney - Provide Firm Folsom 83,269
Yes - 4 FTE
1 City Attorney
1 Asst. City Attorney
1 Legal Analyst
1 Legal Secretary Outside Counsel on some cases - BBK Law Foster City
Fremont
Galt 26,000
No however Executive Assistant to CM and Assistant City Clerk support Inteim City Attorney BB&K
Gilroy
Gustine 6,000 No Best Best & Krieger
Healdsburg 12,000 N Burke , Williams & Sorensen
Lakeport
Lodi
Los Altos
Los Altos Hills
Los Gatos 32,500
Yes - 2 FTE
1 Town Attorney
1 Administrative Technician
Mammoth Lakes
Manteca
Marina
Martinez
Menlo Park
Merced
Millbrae 22,487 N Hansn Bridgett
Milpitas
Modesto
Monterey
Morgan Hill
Mountain View
Napa 79,000
Y - 5 FTE
1 City Attorney
1 Asst City Attorney
1 Deputy City Attorney
1 Legal Analyst
1 Legal Assistant
Novato 50,000 N Colantuono, Highsmith & Whatley, PC
Oakland
Oakley 45000 No Cole Huber LLP
Orinda 19,500 No Shute, Mihaly & Weinberger
Pacific Grove
Pacifica
Palo Alto 66,700 Yes
Some outside specialty Counsel (Employment)
Petaluma
Piedmont 1,000 No Burke, Williams & Sorenson
Pinole
Pittsburg
Pleasant Hill 36000 No BBK
Pleasanton
Rancho Cordova 80,000 N Meyers Nave
Redding
27 City City Population In-house City Attorney - Y or N If Contract City Attorney - Provide Firm Redwood City 81,643
Y - 6 FTE
1-City Attorney
1-Sr Assistant City Attorney
2-Dep City Attorney
1-Adm Assistant
1-Adm Secretary
Contract with BBK, LCW for additonal legal
support.
Richmond
Rocklin
Rohnert Park 44,547.00 N Burke, Williams & Sorenson
Roseville
Sacramento 533,321 Y - 62 FTE
Salinas 163,500
Y - 6 FTE
1 City Attorney
3 Assistant City Attorney
1 Office Tech
1 Legal Sec-Risk Tech
San Bruno
San Carlos
San Jose
San Leandro
San Luis Obispo 47,545
Yes - 8 FTE
1 City Attorney
1 Assistant City Attorney
1 Deputy City Attorney
1 temporary Assistant City Attorney
1 Analyst
1 Paralegal
2 Legal Assistants
San Mateo 104,000
Y - 5 FTE
1 City Attorney
3 Assist City Attornies
1 Exec Sec to City Attorney
San Pablo 36,000
Y - 2 FTE
1 City Attorney
1 Paralegal II
San Rafael 61,000
Y - 3.5 FTE
1 Elected City Attorney (part-time) who is not on-site, but attends all Council Meetings, court dates, etc.
1 FT on-site Assistant City Attorney
1 Deputy City Attorney
1 Legal Assistant
San Ramon 83,820
Y - 4 FTE
1 City Attorney
1 Asst. City Attorney
1 Paralegal
1 Contracts Coordinator
Y - City contracts with Liebert, Cassidy, &
Whitmore for personnel matters
Santa Clara
Santa Cruz
Santa Rosa
Saratoga
Seaside
South Lake Tahoe
South San Francisco
St. Helena
28 City City Population In-house City Attorney - Y or N If Contract City Attorney - Provide Firm Sunnyvale 156,317
Yes - 7 FTE
1 City Attorney
2 Senior Assistant CA
2 Assistant CA
1 Paralegal/Senior Legal Asst
1 Legal Asst
Receive litigation support from a variety of firms
(incl. LCW, BBK, Fox)
Town of Hillsborough
Town of Los Gatos
Town of Yountville 3,400
Colantuono, Highsmith & Whatley
Tracy 96,000
Y - 3 FTE
1 Assistant
1 Deputy
1 Legal Secretary Contract for specialty services and litigation Truckee
Ukiah
Union City
Vacaville 100,000
Y - 7 FTE
1 CA
2 Assistants
2 Deputy
2 Support Staff
Vallejo
Visalia 140,000 No
1) Peltzer & Richardson; 2) Herr, Pederson &
Berglund for litigation and employment
Walnut Creek 68,695 Y - hybrid model. 1. Asst City Attorney Meyers Nave Watsonville 52,000 No Burke, Williams & Sorensen, LLP
West Sacramento 54,000 Kronic, Moskovitz, Tiedemann & Girard Woodland
Woodside
29 CITY OF ARCATA REQUEST FOR PROPOSAL 1
REQUEST FOR PROPOSALS (RFP)
City Attorney Services for the City of Arcata
Date Released: March 27, 2023
PROPOSALS SUBMITTAL DEADLINE:
April 27, 2023 at 4:00 p.m.
The City of Arcata
736 F Street
Arcata, CA 95521
30 CITY OF ARCATA REQUEST FOR PROPOSAL 2
General Information
The City Council of the City of Arcata (“City”) is seeking proposals from inte rested and qualified contract attorneys and legal firms to provide legal services and serv e as primary attorney for the City. The City Attorney is appointed by and serves at the pleasure of the City Council, and works closely with the Council, City Manager, and , at the City Manager's direction, other City staff. The City Attorney is not a City employee and is not entitled to the benefits of a City employee; the position is strictly on a contractual basis. The City reserves the right to retain or employ other attorneys or special counsel as may be needed, in its sole judgement, to take charge of any litigation or legal matters to assist the City.
The City invites interested law firms and individuals with a minimum o f five (5) years of municipal law experience representing general law cities to submit a written proposal to provide City Attorney services.
The City seeks a City Attorney who will provide clear, understandable, and independent legal advice. The firm/individual must be qualified to provide expertise in the area of general municipal law, including for example planning, zoning, environmental review, construction, municipal finance, the Public Records Act, Brown Act, ethics , conflict of interest laws , litigation , municipal employment law , and labor relations statutes.
Through this Request for Proposals (RFP), the City intends to enter into a professional services agreement for an initial one-year agreement, with the option for the City to renew the agreement for four successive one-year terms. The City expects the contracted services to average 40-60 hours per month.
Background
Arcata rests on the ancestral lands of the Wiyot peoples. The City became incorporated as the “Town of Union,” was shortly after renamed “Arcata” in 1860, and reincorporated as a General Law city in 1903.
By 2023, the City of Arcata has grown to an estimated population of approximately 19,800 residents.
Arcata developed the unique modern character we enjoy today by integrating its diversified and abundant natural, human and economic resources within the region. The region boasts the highest non- profit organizations per capita statewide. The City is committed to eliminating racial disparities in partnership with Cal Poly Humboldt University and the business community.
Arcata is a general law city which operates under the Council-Manager form of government, with five councilmembers. Councilmembers are elected to four-year overlapping terms on an at-large basis; the Mayor typically rotates annually so each councilmember has an opportunity to serve as Mayor. The City Council is the legislative body responsible for overall policy development and direction of the City. In addition, the City has a variety of resident committees, boards, and commissions that provide input and help conduct City business.
The City provides an extensive array of services including a police department, a small public transit operation, recreation programs, facility rentals, planning services, building permits, housing programs, economic development, water distribution, wastewater collection and treatment, maintenance of stormwater systems and public rights-of-way, a municipal community forest that includes timber harvest operations, many parks and an extensive trail system as well as all of the traditional internal management support functions. Several of these operations function as enterprises within the City organization. The City has a current annual operating and capital budget of approximately $30 million, and a regular staff of approximately 130 full-time equivalent employees. 31 CITY OF ARCATA REQUEST FOR PROPOSAL 3
The City belongs to a risk management pool (CIRA: California Intergovernmental Risk Authority), which provides legal assistance with workers compensation, general liability and property claims. Normally, the City Attorney is not expected to represent the City in matters covered by the joint risk pool.
RFP Content
Proposal Submission Process Page 3
Selection Schedule Page 4
Scope of Services Page 5
Budget Page 6
Proposal Requirements Page 7
Evaluation Process Page 9
General City Requirements Page 10
Sample Contract Appendix A
Proposal Submittal
One (1) electronic copy of the Proposal shall be submitted in PDF format, using one of the following two methods:
1) Proposals may be submitted on either a USB drive or compact disc within a sealed envelope with the proposer’s name and labeled “Arcata City Attorney Services Proposal,” delivered to:
City Manager’s Office
Attn: Contracts and Special Projects Manager
736 F Street
Arcata, CA 95521
2) Proposals may be submitted via email attachment with “Arcata City Attorney Services Proposal” in the Subject line, delivered to: [email protected]. Proposals successfully submitted via email will receive a “Reply” email stating that the proposal has been received. It is the proposer’s responsibility to ensure the proposal is successfully received before the deadline.
Applicants may call (707) 825-2101 to confirm/follow-up on receipt of their proposal.
Cost proposals shall be submitted in a separately sealed envelope or separate email attachment labeled with “Arcata City Attorney Services COST PROPOSAL.” Cost proposals will be opened before selecting the City Attorney, but after the qualifications and experience of each proposer are assessed and ranked.
The City may accept the selected proposer’s cost proposal or negotiate with the most qualified, responsive proposer. If negotiations are unsuccessful, the City may enter negotiations with the next most qualified proposer.
City of Arcata Zero Waste Action Plan
Proposals shall be prepared double-sided. Proposals shall not include plastic binding or plastic covers. 32 CITY OF ARCATA REQUEST FOR PROPOSAL 4
Withdrawal of Proposal
Any proposal may withdrawn at any time prior to the date and time fixed for the opening of the proposals by submitting a written request to the Arcata City Manager. The request shall be signed by an individual authorized to bind the respondent.
Proposals and Public Records
Until award of the contract, the proposals shall be held in confidence and shall not be available for public review. Upon award of a contract to the successful respondent, all proposals shall be public records. No proposal shall be returned after the date and time set for opening thereof. All proposals, shall become the property of the City of Arcata.
Inquiries
Questions regarding this RFP should be submitted in writing to:
Danielle Allred, Contracts and Special Projects Manager City of Arcata, 736 F Street, Arcata, CA 95521
Email: [email protected]
Respondents are directed not to contact other City staff or City Council in conjunction with this request.
All queries must be submitted in writing.
Substantive requests for information received may be responded to in writing by the City in the form of an addendum to this RFP and sent to all RFP recipients.
Addenda
It shall be the respondent’s responsibility to check the City of Arcata’s website to obtain any addenda that may be issued for the RFP. Addenda should be acknowledged in the Transmittal Letter.
Selection Schedule
City Release RFP March 27, 2023 Proposal Deadline 4:00 p.m. Thursday, April 27, 2023 Evaluation and Review Early May 2023
Interviews Mid-May 2023
Anticipated Contract Award June 7, 2023
Project Introduction
This opportunity arose when the outgoing City Attorney who served the City for over 25 years announced her intent to retire from the City. As City Attorney, the selected individual or law firm will be expected to provide a wide range of legal services to the City. The City Attorney works closely with the City Manager, Department Directors, and other staff. The City Attorney’s primary role is to provide expert legal advice to the City Council, City Manager, and Department Directors. The City Attorney is expected to establish, develop, and maintain a good working relationship with the City Manager. The City Council believes this 33 CITY OF ARCATA REQUEST FOR PROPOSAL 5
is crucial to the success of the City. The selected City Attorney shall perform the tasks specified in this RFP and others, as needed and directed by the City Manager and/or City Council.
T
he City utilizes the Microsoft Office suite of software. Compatibility with Microsoft Word and Excel is required. It is also a requirement that the City Attorney maintain internet services such that e- mail and digital files can be transmitted between staff and the City Attorney electronically.
Scope of Services
The general responsibilities of the City Attorney include, but are not limited to, the following:
1. Provide clear, concise legal advice and consultation, as requested by members of the City Council, the City Manager and staff; contacts are usually made via telephone and e-mail, and response is g
enerally expected within the week.
2. Attend City Council meetings, as requested (depending on legal concerns on agenda items) an d b
e prepared to advise the City Council on matters on the agenda as well as procedural or substantive issues that arise during the meeting. Attendance at City Council subcommittee meetings, joint meetings with other committee chairs, and Planning Commission me etings may b
e requested from time to time.
3. Provide guidance concerning requirements of the Brown Act, Conflict s of Interest, the Political Reform Act, the Public Records Act, California Environmental Quality Act (CEQA), civil and criminal enforcement, due process and other legal requirements imposed by statute and common law, as well as a working knowledge of municipal employment practice, labor relations statutes and public administration.
4. Prepare, review, revise, and approve as to form documents as requested, including but not limited to ordinances, resolutions, staff reports for City Council meetings, contracts, agreements, leases, deeds, and other documents prepared by City staff with legal considerations.
5. Review and provide guidance on proposed updates to the City’s Municipal Code and Zoning Code, including updates required by state and federal housing legislation.
6. Review and provide advice as needed on CEQA process and documents, and on land use decisions including appeals, public improvements, easements, dedications, rights-of-way, and other related documents.
7. Advise the City regarding taxes, assessments, fees, Proposition 218, debt issuances, and other tax related matters.
8. Represent the City in litigation for actions and other proceedings brought against City, its elected officials, appointed officers and agents , and keep the City Council and City Manager regularly apprised of litigation developments.
9. Upon request by the City Manager or City Council, the City Attorney may be involved with outside expert legal counsel in matters related to employment law, workers’ compensation, labor 34 CITY OF ARCATA REQUEST FOR PROPOSAL 6
negotiations, bond counsel, government tort claims filed against the City and general liability litigation covered by the City’s Joint Powers Insurance Association (JPIA) pool providers.
10. The City may propose additional tasks as deemed necessary to c omplete the assignment. Any additional work shall be compensated, as agreed upon in the Legal Services Agreement between the successful firm and the City.
Responding applicants shall furnish verifiable evidence that the individual or the firm and their personnel meet the following qualifications:
A. Individual seeking to be appointed as City A ttorney (Applicant) must be a licensed and active member of the California State Bar.
B. Applicants must provide five appropriate references, at least three (3) of which should be from public entities, that may be contacted by the City for background information and qualification.
Further, it is desirable that the City Attorney have experience, knowledge, skills and ability in the following areas:
i. Designing, drafting updating and interpreting Municipal Code sections and regulations. ii. Experience with and knowledge o f the law governing a General Law city in California, including but not limited to, labor/employment training and personnel investigations, workers compensation, and disability issues/ADA/FEHA, as well as administrative law including, but not limited to, the Brown Act, the Public Records Act, Elections Code, public bidding and procurement and contracts.
iii. Experience regarding land use regulations related to public land use and planning, public utilities, and environmental law, including CEQA, general plans, housing authorities, and code enforcement actions . Knowledge of regulations pertaining to , water and sewer utilities, solid waste/recycling, hazardous materials, brownfields, and coastal issues, including urban run-off/stormwater discharge.
iv. Litigation experience or experience monitoring or supervising litigation activity within a firm. Knowledge of public entity tort claims ; labor and employment matters ; police department legal matters, including public safety defense ; matters pertaining to construction law , public works , and prevailing wage ; and writ litigation and appellate procedures.
v. Experience with and knowledge of real property proceedings, including but not limited to, condemnation/eminent domain, unlawful detainer/eviction (commercial), development/redevelopment/compensation agreements, and real estate transactions. vi. Demonstrated ability to speak clearly, concisely, and effectively in public.
Budget
While the scope and contractual relationship with a new City Attorney will be negotiated through this RFP process, t he City Council’s adopted budget for City Attorney services (including legal consultations, litigation, and other department supplies) for the three prior fiscal years averaged $215,0000. 35 CITY OF ARCATA REQUEST FOR PROPOSAL 7
Proposal Format
Respondents shall submit a concise proposal clearly addressing all of the requirements outlined in this RFP. To be considered responsive, the proposal must provide specific answers to all questions and requests for information. It is important that the respondent address and/or acknowledge all items presented in this RFP, and provide any other pertinent information that may be helpful in the City ’s evaluation of the proposal.
1. Letter of Transmittal. The proposal shall include a transmittal letter, signed by a duly authorized representative of the firm/attorney, and must include the name, address, telephone number and email address of the Respondent and those (if necessary) to whom any correspondence sho uld b
e directed. The letter shall contain a statement to the effect that the proposal and fee schedule are valid and binding for 180 days.
2. Description of Law Firm and Approach. Discuss the firm/attorney’s proposed approach to providing municipal legal services in a way that demonstrates the Respondent’s understanding of the needs of the City of Arcata and makes a case for why the Respondent’s firm is the best suited to meet those needs. Describe the nature of your/the law firm’s practice, as well as qualifications for providing legal services as City Attorney for the City of Arcata. Identify and provid e a p
rofessional chronology of the individual who will be designated to serve as City Attorney as well as for others who you anticipate will be involved in providing legal services to the City. Describe the intended office location and accessibility to the City of Arcata. Describe the response time we can expect from the City Attorney to inquiries made by the City Council, City Manager, and staff.
3. Experience and Qualifications. Provide the overall capabilities, qualifications, training and areas of expertise for each of the partners/principals and associates that may be assigned to work with the City, as they relate to the desired qualifications and experience described in the Scope of Services. Experience and Qualifications statements should address, but not necessarily be limited to:
a. Name of individual(s) with ré sumé(s), publications, scholastic honors, and professional affiliations, and length of employment with the firm.
b. Specialization, legal training, years of practice, and years of public sector practice. c. Municipal or other public sector experience and knowledge of California Municipal Law. d. Litigation experience and demonstration of a good court track record. Ci te examples of municipal (general law) litigation experience.
e. Experience with and knowledge and practice of law representing general law cities relating to land use and planning, environmental law including CEQA, general plans, real estate, code enforcement, public safety, administrative law, public works construction, and other related law.
f. Experience in the area of contracts and franchises.
36 CITY OF ARCATA REQUEST FOR PROPOSAL 8
g. Experience in the preparation and review of ordinances and resolutions for general law cities.
h. Experience in the area of personnel, workers’ compensation, general liability and employee relations.
i. Experience in municipal Water and Wastewater enterprises. j. Experience in conflict resolution, managing disputes, and anticipating legal issues. k. If the firm/individual, or any of the attorneys employed by the firm, have ever been sued by cities or public agency clients for malpractice, been the subject of complaints by a city or public agency filed with the State Bar, or had discipline imposed by the State Bar, please provide information on the nature of the incident, the dates of which the matter began and was concluded, and the results of the situation.
4. Additional Services. Identify any other services and expertise the firm /attorney can provide beyond the Scope of Services and identify which are subject to additional costs to the City and which are not subject to additional costs.
5. Current Clients / Conflicts of Interest.
a. Please list all current or former clients residing in Humboldt County or having an interest in a business or owning an interest in property within the City of Arcata’s sphere of influence within the past three (3) years.
b. Please list all cities (general law and charter) and other public clients for which you or your firm currently provides services under a fee for services basis or on a retainer basis. c. Please identity any foreseeable potential conflicts of interest which would result from such representation and the manner in which you would propose to resolve such conflicts.
6. References. Provide five (5) recent client references, at least three (3) of whom are municipal (preferred) or public agenc ies, with contact information, including the contact’s name, title, agency, phone and email address. Specify the client location, consultant firm members and participating individuals, and their roles on the team (City Attorney, Deputy City Attorney, legal staff, etc.), type of work, and other relevant information.
7. Additional Information . In this section, provide any other information that you believe is applicable to the evaluation of the proposal or your qualifications for providing the proposed legal services. You may use this section to address those aspects of your services that distin guish you from other firms/attorneys.
Cost Proposal (submitted as separate digital file):
8. Proposed Compensation and Reimbursement. Billing proposals should consider the scope of work and hourly involvement by each staff/law firm member. Describe how you/your firm will aid the City in remaining within the adopted budget resulting from the award of this contract. Specify how long the prices quoted will be binding.
37 CITY OF ARCATA REQUEST FOR PROPOSAL 9
Please describe how you/the firm intend(s) to charge for legal services and provide a fee schedule. a. If hourly rate billing is proposed, please state the hourly rates for the designated City Attorney and any other attorneys or paralegals assisting such person in providing services; provide the fee schedule/hourly rates in a table format. b. If a monthly retainer is proposed, how many hours per month would be included and what services would be performed as part of the retainer? Describe what occurs when the City requires fewer or more hours of service in a given month. What specific services would not be included in a retainer?
c. Please define any “extra” services, such as litigation, and describe if such services will be billed at a different hourly rate or basis.
d. Are charges ever shared between clients, and if so, what method is used? e. Specify which items, if any, are billed separately and at what rate. Such items might include telephone and fax charges, postage, duplicating/printing, out -of-pocket expenses, and mileage/travel time.
Evaluation Criteria and Selection Process
The City Council will determine the process by which the proposals are reviewed, although it is anticipated that the material submitted in the proposals, interviews with the firms, a thorough background check, and references will be the determinative factors in making a selection. Proposed fee arrangements, experience, service delivery and other qualifications will all be important selection factors.
The following (among other attributes at the Council’s discretion) shall be considered during the evaluation process:
• The Applicant meets the qualifications identified in the RFP, provides adequate range of services and support to the City, and demonstrates a depth of expertise and familiarity with all applicable matters of municipal law.
• The Applicant is properly licensed to practice law in the State of California. • The Applicant has no or few conflicts of interest with regard to any work performed by the attorney/firm for the City, and all potential conflicts have been identified. • The Applicant demonstrates sound judgment, integrity, and reliability and maintains a strong reputation in the field of municipal law, as determined by references and background checks. • Overall knowledge and experience levels in the d ifferent areas of law identified in the Scope of Services.
• Ability to meet the workload capacity required by the City and the overall depth of the firm/attorney’s in-house resources.
• Capability to perform City Attorney services promptly and in a manner that permits the City Council and City staff to meet established deadlines.
38 CITY OF ARCATA REQUEST FOR PROPOSAL 10
• Applicant possesses strong and effective written and oral communication skills. • Cost of providing proposed legal services.
• Other qualifications or criteria deemed appropriate by the City Council.
The City Council reserves the rights and options to:
• Reject any or all of the submittals;
• Waive any of the provisions in the Request for Proposals; • Issue subsequent Requests for Proposals;
• Cancel the Request for Proposal process;
• Waive any technical error in the responses it receives; • Negotiate with any, all, or none of the respondents to the Request for Proposals in regard to costs or to further refine the scope of services to be provided; • Award a contract or contracts to more than one firm for different services.
All contacts during the evaluation phase shall be through the City of Arcata Contracts and Special Projects Manager. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
General Requirements and Authority of the City of Arcata Each respondent submitting a proposal acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel expenses are the respondent’s sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the respondent. In addition, each respondent acknowledges and agrees that all documentation and/or materials submitted with the proposal shall remain the property of the City.
All reports, studies, information, data statistics, forms and other materials produced under the agreement between the C ity and the successful consultant shall be the sole and exclusive property of the City of Arcata and may not be used or reproduced in any form without the express written permission of the City.
While operating in good faith, the City retains the right to reject any and all proposals, or parts of proposals for any reason whatsoever. Regardless of award, the City is not responsible for costs related to responding to this RFP. In addition, the proposal and other materials provided to the City in relation to this RFP will become the property of the City.
The City reserves the right to waive any formalities, defects, or irregularities in any proposal, response , and/or submittal where the acceptance, rejection, or waiving of such is in the best interests of the City.
The City reserves the right to disqualify any proposal, before or after opening, upon evidence of collusion, intent to defraud, or any other illegal practice on the part of the respondent. 39 CITY OF ARCATA REQUEST FOR PROPOSAL 11
The attorney/firm selected shall notify the City of any possible conflict of interest prior to performing work requested by the City.
Contract
The selected firm/attorney will be required to enter into a written contract w ith the City on a form approved by the City Council. A sample of the City’s standard Professional Services Agreement is provided as Appendix A; this document outlines the City’s standard insurance requirements and contractual expectations. Any executed agreement for services by and between the City and proposing firm/attorney requires formal City Council approval. This RFP and the selected proposal, or any part thereof, may be incorporated into and made part of the final contract.
The laws of the State of California shall govern the contract executed between the successful Respondent and the City and any interpretations or constructions thereof. Further, the place of performance and transactions of business shall be deemed to be in the Ci ty of Arcata, State of California, and in the event of litigation, the exclusive venue and place of jurisdiction shall be in the State of California and more specifically, in Humboldt County.
The successful Respondent must obtain a valid City of Arcata Bus iness License on or before commencement of work on the project.
Insurance Requirements
If selected, the firm/attorney will be required to meet the insurance requirements outlined in the sample contract (Appendix A).
Contract Exceptions
Include any proposed exception or changes to the sample contract (Appendix A) in your response. Any proposed exceptions or changes to these provisions will be subject to City approval. If no exceptions are included, the City will expect the proposer to be able to sign the City’s contract. 40 ____________________________________
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Purchase Order No.__________________________
CITY
OF ARCATA PROFESSIONAL SERVICES AGREEMENT WITH
_______________________________________
FOR
This Agreement is made on between the City of Arcata, a municipal corporation (referred to as "City"), and _____________________, a ________________________ (referred to as “Consultant”).
RECIT
ALS
WHEREAS, the City desires professional services to assist in certain work described briefly as _______________________________________________________________________________ referred to herein as the “Services” or “Project”.
WHE
REAS, Consultant has demonstrated competence, experience and qualifications adequate to perform said professional Services, and the City desires to retain Consultant for such Services.
1. Scope of Services : Consultant agrees to perform services as set out in Exhibit A, “Scope of Work, Compensation” attached hereto and incorporated herein, and duly authorized by issuance of Purchase Order No. set out above. No purchase orders are issued without a valid Agreement.
2. Standards of Performance:
A. Standard of Care. The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.
B. Accuracy of Services. City shall not be responsible for discovering deficiencies in the technical accuracy of Consultant’s Services. Consultant shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in City-furnished information. However, City shall be responsible for, and Consultant may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Consultant pursuant to this Agreement. Consultant may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement.
C. Special Conditions. Consultant shall comply with all additional terms set forth in Exhibit B “Special Conditions,” if any are so required: Special Conditions; No Special Conditions.
D. Special Insurance Conditions. Consultant shall comply with all additional terms set forth in Exhibit C “Special Insurance Conditions,” if any are so required:
Special Insurance Conditions; No Special Insurance Conditions.
3. Compensation for Services, Payment:
A. Compensation. City shall pay Consultant as set forth in Exhibit A, not to exceed $ .
Appendix A: Sample Contract
41 APPENDIX A: SAMPLE CONTRACT
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B. Preparation and Submittal of Invoices. Consultant shall prepare and submit its invoices to the person and address specified by the City’s Designated Representative no more than once per month and no later than the day of each month.
C. Payments. All reasonable efforts will be made by City to pay undisputed invoices within days of receipt. If City contests an invoice, City may with hold that portion so contested and pay the undisputed portion. Payment shall be made to the address specified by Consultant’s Designated Representative.
D. Withholding of Payment. The City may withhold all or any portion of the funds provided for by this Agreement in the event that the Consultant has materially violated, or threatens to materially violate, any term, provision, or condition of this Agreement; or the Consultant fails to maintain reasonable progress toward completion of the Services or any component thereof.
4. Commencement, Completion :
A. Commencement. Services of Consultant shall commence upon full execution of this Agreement by all parties, and the Agreement shall remain in full force until . No work, services, material or equipment shall be performed or furnished under this Agreement until the City has delivered a fully executed Agreement to the Consultant. A signed Agreement is considered notice to proceed.
B. Time for Completion. Consultant shall complete Services as set forth in Exhibit A. If C ity authorizes changes in the scope, extent, or character of the Services, then the time for completion of Consultant’s services, and the rates and amounts of Consultant’s compensation, shall be adjusted equitably. If Consultant fails, through its own fault, to complete the performance required in this Agreement within the time set forth, then City shall be entitled to the recovery of proximate damages resulting from such failure.
C. Suspension and Termination.
1) Suspension. At any time and for any reason, the City may temporarily suspend the Services upon five days’ written notice to Consultant. In such event, Consultant shall perform no additional Services under this Agreement until the City has provided written notice to Consultant to re-commence Services. 2) Termination. The obligation to provide Services under this Agreement may be terminated for cause by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Notwithstanding the foregoing, this Agreement will not terminate under this paragraph if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform a nd proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice.
3) Project Suspension or Abandonment. The City may for any reason and at any time suspend indefinitely the Services and/or abandon the Project, or any part thereof, upon written notice to Consultant.
D. Payments Upon Termination. In the event of any termination under this Section 4, Consultant will be entitled to invoice the City and to receive payment for all acceptable services performed or furnished and all reimbursable expenses incurred through the effective date of termination. 42 APPENDIX A: SAMPLE CONTRACT
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E. Delivery of Project Materials to City. Prior to the effective date of termination, the Consultant will deliver to City all data and originals of all plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work and other materials for which City has compensated Consultant, and all such material shall become the property of the City upon delivery.
5. Independent Contractor: Consultant, in performing Services, shall act as an independent contractor and shall have control of his work and the manner in which it is performed. He/she shall be free to contract for similar services to be performed for others while under contract with the City. Consultant is not to be considered a n a
gent or employee of the City. Consultant agrees to furnish at his/her own expense all tools, equi pment, services, labor and materials necessary to complete all requirements of this Agreement.
6. Insurance : Consultant shall procure and for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees; and shall provide Certificates of Insurance as specified below. If Special Insurance Conditions are contained in Exhibit C, said conditions shall control.
C
overage shall be at least as broad as:
A. C
ommercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence for all covered losses.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Additional insured coverage for the City shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits.
B. A
utomobile Liability: ISO Form Number CA 00 01, covering Code 1 (Any Auto) or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned). Limits are subject to review, but in no event to be less than $2,000,000 per accident for bodily injury and property damage. If City approves Consultant or Consultant’s employees use of personal autos on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
C. W
orkers Compensation Insurance : covering all employees and volunteers as r equired by the State of California, with Statutory Limits, on a state -approved policy form, and Employer’s Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification that is has no employees.) D. E
xcess or Umbrella Liability Insurance (Over Primary): if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Such policy or policies shall include a drop down provision providing coverage above a maximum $25,000 self -insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. Such insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City before the City’s insurance or self -insurance shall be called upon to pr otect it as a named insured. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, sub - contractors or others involved in performing Services under this Agreement. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. 43 APPENDIX A: SAMPLE CONTRACT
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E. Professional Liability or Errors and Omissions Insurance, As Appropriate : written on a policy form coverage specifically designed to protect against acts, errors or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $2,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.
F. G
eneral Conditions Pertaining to Insurance: The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) T
he City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
a) G
eneral liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
2) I
t is a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage and/or limits required in th is Section 8 shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
3) F
or any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
4) A
ll self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City. 5) T
he City reserves the right to obtain a full certified copy of any insurance policy and any endorsement. Failure to exercise this right shall not constitute a waiver of the City’s right. 6) C
onsultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance .
7) C ons
ultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be 44 APPENDIX A: SAMPLE CONTRACT
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endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors. Consultant agrees to require that all subcontractors and sub- subcontractors do likewise.
8) P
roof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all required coverages and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to the City at or prior to the execution of the Agreement. 9) A
ll coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 10) T
he City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 11) I
n the event Consultant fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant.
12) I
nsurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Indemnity: When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its boards (including the council, boards, commissions, committees and task forces), officials, employees and agents (collectively, “Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Con sultant, its officers, agents, employees or sub -contractor s
or
any entity or individual for which Consultant shall bear legal liability in the performance of professional services under this Agreement.
O
ther than in the performance of professional service s and to the fullest extent permitted by law, Consultan t s
hall indemnify, defend and hold harmless City, and any all of the Indemnified Parties from and against an y lia
bility (including liability for claims, suits, actions, arbitration proceedings, adminis trative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant.
C
onsultant’s responsibility for defense and indemnity obligations shall survive the termination or completio n o
f this Agreement for the full period of time allowed by law.
T
he defense and indemnification obligations of the Agr eement are undertaken in addition to, and shall not i n a
ny way be limited by, the insurance obligations contained in this Agreement.
8. Subcontracting : No services covered by the Agreement shall be subcontracted without the prior written consent of the City. In the event subcontracting is approved, the following shall apply:
45 APPENDIX A: SAMPLE CONTRACT
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A. C
onsultant shall include in all subcontracts and require of all subcontractors all insurance and indemnity requirements and provisions of the Agreement that are applicable to any subc ontractor’s scope of work.
Subcontractor’s responsibility for defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
B. E
ach subcontractor shall be obligated to Consultant and the City in the same manner and to the same extent as Consultant is obligated to the City under this Agreement. If hiring a sub- subcontractor to perform any Services, the subcontractor shall include in the sub- subcontract all provisions of this Agreement including all insurance and indemnity provisions that are applicable to said sub- subcontractor’s scope of work.
C. C
onsultant shall furnish a copy of the Agreement’s insurance and indemnity provisions to any subcontractor upon request. Upon request from the City, Consultant shall provide insurance certificates and endorsements of its subcontractors.
9. Document Submission and Title to Documents: Consultant agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement is considered work made for hire and shall be the property of the City upon delivery. City may disclose, disseminate and use in whole or in part, any final form data an d
i
nformation received, collected, and developed under this Agreement.
10. Permits and Licenses: Prior to execution of the Agreement the Consultant shall obtain and maintain throughout the Agreement period all licenses required by law including but not limited to a valid City of Arcata business license.
11. Modification, Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
12. Assignment. This Agreement is not assignable by the Consultant, either in whole or in part.
13. Audit of Records . Consultant shall maintain complete and accurate records of all payrolls, expend itures, disbursements and other cost items charged to the City or establishing the basis for an invoice, for a minimum of four years from the date of final payment to Consultant. All such records shall be clearly identifiable.
Consultant shall allow City representatives to inspect, examine, copy and audit such records during regular business hours upon 24 hours’ notice.
14. Designated Representatives. Consultant and City designate the following specific individuals to act as Consultant’s and City’s represent atives and primary contact persons with respect to the services to be performed or furnished by Consultant and responsibilities of City under this Agreement (“Designated Representative”). Such individuals shall have authority to transmit instructions, rece ive information, a nd i
mplement the contract on behalf of each respective party. The Designated Representative is not authorized to r
eceive notices required under this Agreement u nless identified under Section 15 below . Either party may change the individual name of the Designated Representative by written notice to the other party.
C
ity Designated Representative: Consultant Designated Representative:
Name: Name:
Title Title:
Phone: Phone:
46 APPENDIX A: SAMPLE CONTRACT
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Email: Email:
15. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courie r service. All notices shall be effective upon the date of receipt, excepting that notice sent by mail shall be deemed given and received three (3) business days after the date deposited in the United States mail.
N
otice to City: Notice to Consultant:
Name: Name:
Title: T itle:
Address: Address:
Email: Email:
Fax: Fax:
16. Governing Law: This Agreement and performance hereunder and all suits and special proce edings shall be construed in accordance with the laws of the State of California. In any action or proceeding that may be brought from or connected in anyway to this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law any other forum. Venue shall be fixed in Humboldt County.
17. Disputes. City and Consultant agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking any procedures of this Agreement, or exercising their rights under law. Prior to court action, the parties agree to pursue mediation as a means to settle any dispute.
18. Entire Agreement . This Agreement together with the exhibits identified below constitutes the entir e Agreement between City and Consultant for the Services and supersedes all prior written or oral understandings.
19. Nondiscrimination. During the performance of this Agreement, Consultant and its sub contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation , m
edical condition, marital status, age (over 40), or denial of family -care leave, medical- care leave, or pregnancy-disability leave. Consultant and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment.
20. Severability. Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon C
ity and Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
21. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason.
22. Timeliness. Time is of the essence in this Agreement. Consultant shall proceed with and complete the Services in an expeditious manner.
23. Waiver. Neither the acceptance of Consultant’s work nor the payment thereof shall constitute a waiver of any 47 APPENDIX A: SAMPLE CONTRACT
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provisions of this Agreement. A waiver of any breach shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
24. Exhibits Included. The following Exhibits are attached hereto and incorporated into this Agreement:
E
xhibit A: Scope of Work, Compensation
Exhibit B: Special Conditions
Exhibit C: Special Insurance Conditions
W
ith the exception of Exhibit C, i n the event of conflict between the terms and conditions of this Agreement and those within any Exhibit hereto, the terms and conditions of this Agreement shall prevail over any Exhibit hereto. In the event of conflict between the provisions contained in Section 6 of this Agreement and those in Exhibit C, if any, the Exhibit C Special Insurance Conditions shall control.
25. Attorney’s Fees. Should any litigation or arbitration be commenced between the parties hereto concerning this Agreement, or the rights and duties of any party in relation thereto, the party prevailing in such litigatio n or
arbitration shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney’s fees in such litigation or arbitration.
26. Counterparts. This Agreement may be executed in counterparts, each of which will be considered an original , but all of which will constitute one and the same agreement. Facsimile, portable document format (pdf), and verified electronic signatures shall be binding and considered as if an original. 48 APPENDIX A: SAMPLE CONTRACT
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I
N WITNESS WHEREOF , t he person executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
CI
TY: CONSULTANT:
By: By:
Karen T. Diemer Print Name:
City Manager Title:
D
ate: ______________________ Date: ______________________ I
nsurance and procurement approved: Employer ID#: ________________ By:
D anielle Allred ,
Contracts and Special Projects Manager
A
pproved as to form:
B
y:____________________________
Nancy Diamond, City Attorney
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EX
HIBIT “A”
SCOPE OF SERVICES AND COMPENSATION
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EXHIBIT “B”
SPECIAL CONDITIONS
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EXHIBIT “C”
SPECIAL INSURANCE CONDITIONS
52 REQUEST FOR PROPOSALS (RFP)
for
CITY ATTORNEY SERVICES
PROPOSALS DUE:
5:00pm Friday, May 21, 2021
April 16, 2021
cityofwatsonville.org
53 SECTION 1
Request for proposal
SECTION 2
Backgrounnd
The City of Watsonville (“City”) is soliciting proposals from qualified attorneys and/or law firms interested in providing City Attorney services. The selected attorney or law firm will be expected to provide a wide range of services to the City. The City currently contracts with a law firm to provide City Attorney services, but also retains special counsel in a number of areas. The City is open to considering proposals ranging from individual attorneys offering general, municipal counsel services with specialized legal services outsourced to other attorneys, to law firms offering a full suite of both general and special counsel services. The City will reserve the right to continue to use the current services of special counsel, as needed, at its sole and entire discretion.
The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into an Agreement. The Agreement will contain provisions requiring the selected proposer to indemnify the City and provide that the City Attorney is an independent contractor serving at the will of the City Council. Provisions will also be included in the contract allowing the City Council to terminate the agreement, at its sole and entire discretion, upon the provision of notice.
The City of Watsonville is a growing community in southern Santa Cruz County with a population of 51,199 according to the last census. Watsonville is known all over the world for its long and rich heritage as a center for agriculture – especially berries. Watsonville is also a proving ground for entrepreneurs and businesses from all types of industries and emerging technologies. Its central location nestled between the Monterey Bay and the Santa Cruz mountains, of - fers growing companies quick and easy highway access. Watsonville’s location is topped only by its ideal climate and the rustic, small town charm of a close-knit rural community.
The City of Watsonville is a charter city and operates under a Council/City Manager form of government with seven councilmembers elected by district. The City of Watsonville is a full- service City with approximately 400 full time employees. The City provides a wide range of municipal services including police, fire, airport, library, parks and community services, public works including engineering, water, waste-water and garbage services, finance, administration, and community development.
The City Attorney is selected by and serves at the pleasure of the City Council. The City Attorney works close with the City Council, City Manager, City Clerk and other City staff providing sound and consistent legal advice. Per the Charter the Powers and Duties of the City Attorney are as follows:
54 • Represent and advise the Council and all City officers in all matters of law pertaining to their offices;
• Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee or former City officer or employee in any or all actions and proceedings in which any such City officer or employee is concerned or is a party, for any action arising out of their employment or by reason of his official capacity;
• Attend all meetings of the Council and give advice or opinion in writing whenever requested to do so by the Council or by any of the boards or officers of the City;
• Approve the form of all bonds given to and contracts made by the City, endorsing their approval in writing;
• Prepare all proposed ordinances, contracts, and other legal instruments for the City;
• Prosecute on behalf of the City all cases for violation of the Charter, City ordinances and other City laws and regulations;
• Perform such other legal duties consistent with the Charter as may be required of them by the Council; and
Furthermore, it is expected that the City Attorney assist the City by:
• Providing guidance and training with regard to the Brown Act, AB 1234, CEQA, Political Reform Act, Public Records Act, tort liability and risk, civil and criminal enforcement, due process and other legal requirements imposed by statute and common law.
• Providing designated office hours or times of availability (i.e. during Council agenda packet preparation), as agreed to with the City Manager and\or City Council and providing responses to requests for legal advice in a timely manner • Researching municipal or other legal matters as requested by the City Council or the City Manager
55 SECTION 3
Request for Proposals
Introduction
The City of Watsonville requests interested attorneys and/or full service law firms to submit a Proposal to provide legal services for the City of Watsonville. The City Council will determine the process by which the proposals are reviewed, although it is anticipated that the material provided in the Proposal, interviews with the firms, and/or interviews with references, will be the determinative factors in selecting counsel. The fee arrangements proposed by firms are important, but will be secondary to the experience, service delivery, and other qualifications of the attorney/firm that best meet the needs of the City. It is possible that the City Council will select several firms, with different firms responsible for assisting with different legal issues/projects.
Please provide the information requested in this RFP for each of the specialized practices area for which you would like to be considered. These practice areas include:
• General Municipal Specialty, including but not limited to:
• General municipal law advisory
• Tax (federal, state, local)
• Housing
• Elections
• Telecommunications
• Code enforcement
• Joint Power Authorities
• Contracts
• Review of Resolutions and Ordinances
• Public Records Act, Brown Act, Elections Code
Litigation Defense, including but not limited to:
• Public entity tort claims
• Labor and employment
• Public safety defense
• Construction law/public works/prevailing wage matters • General writ litigation
Real Property, including but not limited to:
• Development
• Real estate transaction/commercial document preparation • Lease negotiations and drafting
Land Use and Planning, including but not limited to:
• CEQA\NEPA
• General Plans
• Environmental issues
• Bond Counsel/Municipal Financing
• Human Resources\Personnel
• Other (please specify)
Please specify if there are services that you do not provide. 56 SECTION 4
Requirements for Proposal Packages
All Proposals must include the following:
Identification of Attorney(s). The response to this Request for Proposals should describe the attorney(s) who would be responsible for providing regular services under the proposal. For each attorney, the Proposal should identify the qualifications, areas of expertise, and prior experience. References from comparable and representative public agency clients and the public agency’s teams should be included. Among the references, include the names and telephone numbers of three to five public agency clients which the firm has worked with in the recent past.
Support Staff. The Proposals should include information about the types of support staff, such as other attorneys, paralegals, interns and others in the firm who might be assigned to perform work for the City and whose time would be billed for such work. The response should include information about how the firm plans to utilize support staff.
Description of Services. The Proposal should describe the services the firm proposes to provide, the firm’s overall experience with municipal law, any areas of specialty listed above, and any special qualifications that are believed to distinguish it from other law firms. Please indicate if there are any services that you do not provide.
Rates and Charges. The proposed means of compensation, including hourly rates or fees to be charged for each individual named in the Proposal, should be listed. A schedule of the rates or amounts for all fees, charges, and expenses to be billed by each attorney or staff member should also be included. If it is proposed to provide ‘general’ services under a fixed monthly retainer and additional “special” services at pre-negotiated hourly rates, please be specific about what would be included in each category. Proposals shall also identify what charges the firm will impose for travel time.
Availability and Commitment to Provide Services. The Proposal should include an indication of the commitment to provide the services by the attorney or attorneys with principal responsibility for providing services to the City. In this context, the words availability and commitment should be taken in their broadest meanings, incorporating time, flexibility in scheduling, office location of the attorney or attorneys, and firm or personal policies and practices with regard to returning calls and meeting deadlines.
Actual or Perceived Conflicts. The Proposal should disclose the names, nature of assignment, and relevant dates for any of the firm’s clients who may have actual or perceived conflicts of interest with the City. Reasonable diligence to identify and disclose potential conflicts is expected of all firms submitting a response to this Request for Proposals.
The proposal should also provide a statement or description of firm policy to address how conflicts of interest between two or more clients are avoided.
Insurance: A description of the pertinent information regarding the general liability and malpractice insurance maintained by the firm, including the amount of coverage under such insurance.
Additional Information. Statements submitted in response to the Request for Proposals may, but are not required to, provide additional information to assist a proper evaluation of the proposal. Any discussions relating to suggested strategies to reduce costs for outside legal services are appropriate in this section.
References: Please provide at least three client references (municipal or public agency) that may be contacted by the City for background information and qualification. 57
Submission Requirements. Proposals are due no later than 5:00 pm on Friday, May 21, 2021.
Interested firms or attorneys should submit one original and unbound hard copy to the address below and an electronic copy should be emailed to [email protected].
Late submittals will not be considered and will be returned unopened. The proposals can be delivered or mailed to:
City of Watsonville
Attn: Nathalie Manning, Deputy City Manager
275 Main Street, Suite 400
Watsonville, CA 95076
Email: [email protected]
(831) 768-3020
All proposals submitted shall be valid for a minimum period of one-hundred and twenty (120) calendar days following the last date established for proposal submission. Proposals may be withdrawn on written request from the proposer at the address shown in this solicitation prior to the last date for proposal submission. Negligence on the part of the proposer in preparing the proposal confers no right of withdrawal after the time set for proposal submission. The cost for preparing a proposal in response to the RFP is the responsibility of the Consultant.
Award of the contract will be to the attorney or firm whose proposal best complies with all of the RFP requirements and provides the best solution for the legal needs of the City of Watsonville. Experience, qualifications, availability, and cost will all be considered. The final selection will not be based on the lowest bid; however, cost will be an important consideration.
The City Council will determine a procedure to review each Proposal. Calls to submitting firms or attorneys and their references may be made to clarify material in the submittals. Based on this review, the best qualified firms may be invited to a personal interview. Following the interviews, reference interviews will be conducted. While a detailed timeline has not been established for the selection process, it is the goal of the City to commence a contract for attorney services by August of 2021 to provide some overlap with current City Attorney.
SECTION 5
Evaluation Criteria
SECTION 6
Selection Process
58 The attorney or firm selected pursuant to this request for proposal will be required to comply with the following requirements:
1. A City of Watsonville business license
2. W-9
3. Must be able to satisfy all requirements pertaining to insurance The City of Watsonville reserves the right to accept or reject any or all proposals, or select more than one firm to complete this work. After selection by the City, the contents of the submitted proposal will become a contractual obligation.
Failure to agree to include the proposal as part of the contractual agreement will result in cancellation of the award.
The City of Watsonville reserves the right to negotiate a modification to, or accept any part of the proposal, and will not be obligated in any way to accept those parts that do not meet the approval of the City. Terms and conditions of the contract will be subject to the approval of the City Council.
SECTION 7
General Requirements & Information
SECTION 8
Acceptance or Rejection &
Negotiation of proposal
SECTION 9
Selection Timetable
The tentative schedule is as follows and is subject to change:
Release Request for Proposal April 16, 2021
Last day to submit questions May 7, 2021
Proposals Due May 21, 2021
Interviews with successful respondents TBD - estimated June\July 2021 Award contract TBD - estimated August 2021
Begin Work Dependent on Negotiations
59 Questions regarding this RFP should be submitted in writing and directed to Nathalie Manning ([email protected]) no later than May 7, 2021. As necessary, responses to questions will be issued via an addendum. The City of Watsonville reserves the right to reject any and all proposals. The City looks forward to your response to this Request for Proposals. *PLEASE NOTE: This RFP , subsequent addendums, and all attachments are available online at the City of Watsonville’s website at www.cityofwatsonville.org.
Additional information regarding RFP submittal, content, processes and procedures is listed below:
1) All proposals will become the property of the City of Watsonville and will not be returned to Consultants.
Consultants are advised that all documents submitted with their proposals are public records open to inspection without redaction, and are directed to California Government Code Section 6250 (Public Records Act), which is available on the State Internet site (www.ca.gov).
2) The City of Watsonville reserves the right to reject any and all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Request for Proposal, in whole or in part, or decide to award a contract to perform only some of the services outlined in this Request For Proposal, without liability, obligation, or commitment to any party, Consultant, or organization.
3) In addition, the City reserves the right to request and obtain additional information from any individual or firm submitting a proposal, and to negotiate the final scope of services with the selected attorney or firm/s. The City is not liable for any costs incurred by responders prior to issuance of a contract. 4) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on its sole judgment and discretion, to award a contract based upon the written proposals it receives without conducting discussions, interviews or negotiations.
5) If, in the opinion of the City, a proposal contains false or misleading statements or references, it may be rejected. 6) The City reserves the right to obtain written clarification of any point in a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure to comply with these instructions, and the other specific provisions of the RFP , may result in the Consultant’s proposal not being reviewed. 7) The City reserves the right, without qualification, to select a respondent for further discussions based solely on the content of the RFPs and relevant information obtained from others concerning the respondent’s respective records of past performance.
8) The consultant’s proposal shall not be made contingent upon uncertain events, which shall not have occurred until after the RFP is completed.
9) In the event that it becomes necessary to revise any part of this RFP due to inquiries raised, an email notifying an addendum, supplement or amendment to this RFP will be provided to Consultants who received an original invitation to bid via email OR responded to us with their contact information expressing interest in receiving responses.
Changes to the RFP shall be accomplished by an amended page or pages.
SECTION 10
Questions
SECTION 11
Reservations
60 City of Placerville
Request for Proposal
For City Attorney Services
61 City of Placerville
Request for Proposals
City Attorney Services
3 I. Introduction
A. Purpose
The City of Placerville invites interested legal firms and individuals to submit proposals for City Attorney Services as described in the scope of work set forth in this request for proposals (RFP). The City seeks a City Attorney who will provide clear, understandable, and independent legal advice. The firm/individual must be qualified to provide expertise in the areas of general municipal law, land use, personnel and labor relations, open meeting and conflict of interest laws and other matters as they may arise. The City Attorney serves under the direction and supervision of the City Council and acts as their legal advisor.
The City Attorney is not a City employee and is not entitled to the benefits of a City employee; the position is strictly on a contractual basis. The City Council reserves the right to retain or employ other attorneys or special counsel as may be needed, in its sole judgment, to take charge of any litigation or legal matters or to assist the City Attorney.
B. Submittal Closing, Time, and Location, Inquiries
All proposals delivered in an express courier package shall be sealed in a separate envelope within the courier package. Any proposal found ineligible or incomplete shall not be considered for selection.
Proposers assume full responsibility for having their proposal deposited at the proper address and no later than the scheduled closing time. Faxed or emailed proposals or modifications will not be considered. Proposals will not be received after the closing date and time indicated below.
Proposal Labeling: REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES
Submittal Closing: May 4, 2021, 5:00pm, PST
Location: City of Placerville
Attention: Regina O’Connell, City Clerk
3101 Center Street, Placerville, CA 95667
Number of Copies: Five (5) Bound copies of the proposal; one (1) unbound reproducible copy; and one (1) electronic version (usb flash drive) must be submitted.
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4 C. Inquiries
Any prospective Proposer desiring an explanation or interpretation of t he solicitation, specifications, etc., must request so in writing, no later than five (5) days before proposal due date to allow a reply to reach prospective Proposer before the proposal submission date. The written request must be submitted to the individual identified below. Inquiries regarding this solicitation shall be directed to:
Regina O’Connell, City Clerk
City of Placerville
3101 Center Street
Placerville, CA 95667
Phone: 530-642-5200
Email: [email protected]
Please reference “Request for Proposals for City Attorney Services” when contacting the City regarding this solicitation. The City of Placerville website, www.cityofplacerville.org will contain a copy of this document as well as a summary of any/all applicable addenda, if any. Any firms found to be contacting members of the City Council or other members of City staff or officials to obtain information during this RFP process may be automatically disqualified from any further consideration.
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5 D. Background
Originally Chartered in 1854, Placerville is one of the oldest cites in California, established during the Gold Rush era. T he City of Placerville is located in the Sierra foothills approximately 45 miles east of Sacramento. The City is approximately 5.84_square miles, with a population of approximately 10,000.
The City of Placerville is a general law city, operating under the council -manager form of government with a five-member City Council. Council Members are elected for four-year overlapping terms on an at- large basis. Mayoral duties rotate annually among the elected. The City Council is the legislative body responsible for overall policy development and direction of the City. The City Council has four citizen commissions/committees whose members are appointed by the Council, including the Planning Commission, the Recreation and Parks Commission, Placerville Economic Advisory Committee, and the Measure H/L Sales Tax Committee.
The City Council appoints the City Manager, who serves as the executive officer and is responsible for the day -to-day operations of the City. The City Manager’s executive staff includes a n Assistant City Manager/Director of Finance , Public Works Direc tor, Community Services Director, Development Services Director, Chief of Police, City Engineer and City Clerk.
The City Council appoints the City Attorney and contracts with that individual’s firm for legal services.
The City of Placerville provides a v ariety of municipal services including public works, parks and recreation, engineering, planning, and building and safety, police, water, sewer, streets and storm drain maintenance as well as all of the traditional internal financial and administrative sup port functions. The City operates a Water Reclamation Facility for disposing of the City wastewater. Fire Services are provided through the El Dorado County Fire Protection District. The City also contracts with El Dorado Disposal/Waste Connections for disposal of solid waste. The City of Placerville has a FY 2020/21 General Fund Operating Budget of $8.8m, and a total budget for all funds of $2 0m The City has a full-time staff of 73 supplemented by various part time employees . The City also has an a ctive Capital Improvement Program (CIP) funded by two sales tax measures totaling approximately $3m each year.
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6 II. Terms and Conditions
A. Proposal Preparation Costs
The City is not, nor shall be deemed, liable for any costs incurred by Proposer in the preparation, submittal, or presentation of their proposals.
B. Reservation of Rights
This RFP does not commit or obligate the City of Placerville to accept or execute an agreement for any expressed or implied service. The City reserves the right to:
Reject any and all proposals received and to accept or reject any item(s) herein; Take all proposals under advisement for up to one hundred and twenty (120) days after opening;
Waive any informality on any proposal;
Be the sole judge of the relative merits of the material mentioned in the respective proposal received;
Request any firm/individual submitting a proposal to clarify its proposal during the selection phase;
Negotiate the service schedule and reasonable costs with the selected firm/individual; Modify or alter any requirements herein, and issue addenda or amendments to this RFP; Terminate this RFP process at any time.
C. Acceptance of Conditions
It is the Proposer’s responsibility to examine the scope and location of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished.
Proposers shall have no claim against the City based upon ignoran ce of the nature and requirements of the services provided, misapprehension of the work environment, or misunderstanding of the specification or agreement provisions.
By submitting a proposal, each Proposer expressly agrees to and accepts the following conditions:
Proposal and cost schedules shall be valid and binding for one hundred and twenty (120) days following the proposal due date and will become part of the Agreement that is negotiated with the City.
The City may require whatever evidence is deemed necessary relative to the Proposer’s financial stability and ability to perform these services. The City reserves the right to request further information from the Proposer, either in writing or orally, to establish any stated qualifications.
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City Attorney Services
7 The City reserves the right to solely judge the Proposer’s representations, and to solely determine whether the Proposer is qualified to undertake these services pursuant to the criteria set forth herein. The Proposer, by submit ting a proposal, expressly acknowledges and agrees that the judgment of the City as to whether or not the Proposer is qualified to perform these services shall be binding, final and conclusive.
D. Proposal Inclusions
The Request for Proposals documents shall be submitted in their entirety, with ALL applicable portions fully completed by the Proposer. All Proposers are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting.
E. Withdrawal of Proposal Before Closing
Any Proposer may request the withdrawal of their submitted proposal by written request at any time prior to the scheduled closing date and time. Upon receiving written request to withdraw any proposal, the City will consider the proposal null and void, and return the proposal to the Proposer.
Withdrawal of proposal will not impact Proposer’s resubmittal for this or any future proposal(s).
F. Professional Licensing
The Proposer shall possess any necessary professional certification(s) and/or license(s) relative to the work to be performed required by an appropriate licensing authority of the State of California and shall provide evidence of such to the City with their proposal or prior to commencement of the work in such a form as the City shall require.
G. Insurance Requirement
The Proposer shall, at its own expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the proposer , its agent, representatives, employees, or subcontractors. Proposer shall also require all of its subcontractors assigned to provide services to procure and maintain the same insurance requir ement for the duration of the Agreement. Specific insurance requirements are as follows:
General Liability Insurance of at least $1,000,000.00 per occurrence and $2,000,000.00 aggregate liability.
Automobile Liability Insurance of at least $1,000,000.00 per accident Combined Single Limit (CSL); Worker’s Compensation Insurance at least equal to the State of California required minimums. 66 City of Placerville
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8 Professional Errors and Omissions Insurance of at least $1,000,000.00 per occurrence and$2,000,000.00 annual aggregate liability.
H. Business License
The professional provider, and a ny sub-consultant(s), will obtain a business license with the City of Placerville Business License Program on or before their commencement of work.
I. Public Record
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and made available upon request, unless otherwise marked. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Proposer claims are exempt from disclosure pursuant to the California Public Records Act. The Proposer who claims such an exemption must also s tate in the proposal that:
“The Proposer agrees to indemnify and hold harmless the City and its officers, employees and agents from any claims, liability or damages against the City and to defend any actions brought against the City for its refusal to disc lose such material, trade secrets or other proprietary information to any party.” J. Equal Opportunity
The City of Placerville requires all Proposers to comply with equal opportunity policies.
K. Independent Contractor
The City Attorney will be an independent contractor. All persons employed by a firm in accordance with an Agreement resulting from this RFP will be employees of the firm or law practice and not of the City of Placerville.
L. Conflict of Interest
No official, officer, or employee of the City of Placerville or of a local public body during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree tha t to their knowledge, no board member, officer or employee of the City of Placerville has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Placerville, and that if any such interest comes to the knowledge of either party at any time, a full disclosure of such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with 67 City of Placerville
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City Attorney Services
9 Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title 1 of the Government Code of the State of California.
M. Appendix
The appendix shall include any suggested additions or modifications to the sco pe that the individual/firm believes will enhance the quality of their proposal. Individual/Firm brochures, exhibits, and any other pertinent documents may be included in the Appendix.
N. Contract
Award of a professional services contract, if any, will be to the proposer whose proposal best complies with all of the requirements of the RFP documents and which provides the best solution for the needs of the City of Placerville.
The successful firm will be required to enter into a Legal Services Agreement with th e City of Placerville, which will include the requirements of this RFP, as well as other requirements to be determined. The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into an Agreement. The agreement will contain provisions requiring the selected law firm to indemnify the City and provide that the City Attorney and any support staff is an independent contractor(s) serving at the will of the City Council. Provisions will also be included in the contract allowing the City Council to terminate the agreement, at its sole and entire discretion, upon the provision of notice.
The term of the contract is negotiable.
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10 III. Scope of Work
A. Understanding the Scope of Work
The City Attorney is appointed by and reports to the City Council. The City Attorney is the chief legal counsel for the City of Placerville and, as such, is responsible for advising on all legal matters. The primary responsibilities the City will require of its City Attorney shall include, but not be limited to, the following:
Represent and provide legal advice and consultation on a regular basis to the City Council, City Manager and City Staff as requested or required. Contacts are usually made by email or telephone and same-day response is typically expected. Attend City Council meetings (unless excused) and be prepared to advise the Council on matters on the agenda as well as procedural or substantive issues that arise during the meeting. Attendance at Planning Commission or other City meetings is required when requested.
Coordinate and manage the services and costs of all outside or special legal counsel within budgetary limits as approved by the City Council.
Recommend policies and procedures that comply with the requirements of the law. Keep the City Council and City Manager informed of legislation or judicial opinions that have potential impact to the City.
Prepare, review and revise staff documents, including, but not limited to, initiation of memorandums concerning legal issues, contracts, agreements, ordinances, resolutions, land use decisions o n appeal, and staff reports for the legal support of City functions and duties.
Provide staff assistance, legal research and counseling related to the acquisition or sale of property, preparation of leases, deeds and easements, agreements, utility franchis e agreements, operations governed by law, liability situations, grant guidelines, pension law, personnel, employee relations and other matters as necessary requiring legal advice. Interpret the City’s Municipal Code.
Provide guidance concerning the require ments of the Brown Act, Conflict of Interest (AB 1234), the Political Reform Act, the Public Records Act, due process, and other legal requirements imposed by statute and common law.
Assist with responses to Public Records Act requests. Represent the City in litigation not covered by the City’s self-insured risk pools. Provide legal advice and assistance to operating departments, assist in notice of disciplinary actions and provide advisory service to the Human Resources Officer. Research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the City Council and management staff on legal 69 City of Placerville
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11 matters pertaining to City operations.
Represent the City as requested before other gov ernmental bodies and ag encies to promote the interest of the City.
Oversee coordination with special legal counsel on all City litigation as directed by the City Council and/or City Manager.
Maintain legal files and provide the City Clerk copies of pertine nt pleadings and orders in all litigation the City Attorney is handling for the City. Perform other legal duties as may be required by the City Council as may be necessary to complete the performance and functions mentioned above. Promptly return all phone calls from the City Council and City Staff.
IV. Evaluation and Selection Process
A. Areas of Performance Effectiveness
The City of Placerville recognizes that a successful and effective City Attorney will demonstrate specific qualities. The following areas will serve as part of the basis for evaluation of the City Attorney.
Competent representation – doing things right (legal knowledge, research, and analysis) Ethical leadership – doing the right things (principle-centered) Adherence to legal policies and procedures (promoting the public interest) Professional conduct (emotional and mental fortitude) Inter-governmental governance (networking and coalition building) Customer service (City Council, City Manager, City staff, and others as appropriate) B. Proposal Evaluation
Selection of Proposer to interview with the City will be based on the contents of their written proposal. Proposals will be rated according to the following criteria (in no particular order):
Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations; Understanding of municipal government issues and municipal law; Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and operate in an effective and efficient manner; Qualifications of the key staff that will be assigned to the City of Placerville under this proposal;
Familiarity with State of California Land Use Law;
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12 Communication skills;
References of past or current municipal law clients or municipal practice; Proposed fee structure, including but not necessarily limited to, a monthly retainer, services included in monthly retainer, hourly rates for services not included in monthly retainer. Cost of providing services.
Results of interviews with City Council.
During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposing firms/individuals to allow corrections of errors or omissions. The City reserves the right to verify any information contained in proposals, including references, resumes, e tc. The City reserves the right to investigate and research proposals, including facts and opinions that could be helpful in evaluating the capabilities of firms/individuals whether or not they were specifically included in the proposals.
C. Selection Process
The top-ranked firms/individuals may be requested to attend a meeting with the City Council to be interviewed, and the City Council will interview up to two individuals proposed as City Attorney from such firms. The interviews will allow the designated f irms or individuals an opportunity to answer any questions the City Council may have regarding their proposals. Participation in the interviews will be at no cost to the City. The City Council will make the final determination of the successful firm/individual.
Please note that in an effort to maintain the integrity of the interview process all proposing firms are prohibited from contact with the City Council members outside of the formal interview process.
D. Tentative RFP Timeline
Release of RFP Wednesday, March 24, 2021
Proposal Submission Deadline Tuesday, May 4, 2021, 5pm PST RFP Internal Reviews Thursday, May 20, 2021
Candidate Firm Interviews Week of May 31, 2021
Selected Firm Contract Negotiations June, 2021
Award of Contract June 22, 2021
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13 V. Requested Information
All proposals must provide specific and succinct answers to all questions and requests for information. Please answer the questions in the format an d order presented. Submissions of individual resumes alone will not be considered responsive to any specific question.
A. General Proposal
1. Letter of Transmittal: Signed by an authorized representative of the firm or the individual committing to provide the legal services described above, including a brief introduction and history of the firm, number of employees, proven work history, and a statement as to qualifications.
2. Table of Contents: Include a clear identification of the material by section and page number included in the proposal.
3. Firm Qualifications: Provide professional experience and qualifications for the Proposer and/or firm and the designated individuals to provide the services specified in the Request for Proposals. Please include responses to the following specific information:
a. Describe your firm’s background and hi story; include number of years in business and number of years providing legal services to public sector agencies. b. Location of office(s) that would serve the City of Placerville. c. Provide the name(s) and qualifications of attorney(s) who would be assigned to represent the City of Placerville and who will attend City Council meetings regularly, including the following for each: Responding firms may propose either one or two alternatives for proposed appointment to City Attorney.
i. Certificates or licenses, including the date of admission to the State Bar of California;
ii. Length of employment with the firm;
iii. Description of education including name of educational institutions, degrees conferred, and year of each degree;
iv. Professional background and professional associations; v. Years of municipal or other local public sector experience; vi. Knowledge of, and experience with California Municipal Law relating to general law cities including, but not limited to, land use and planning, environmental law (CEQA), general plans, code enforcements and other related areas of law, administrative law, labor relations/personnel law, contracts, Public Records Act and other areas of municipal law;
vii. Specific expertise and training;
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14 viii. Provide complete resumes of the persons designated by the firm to be the City Attorney or substitute City Attorney.
d. Describe your view of the role of the City Attorney. e. Describe how you would develop and maintain an effective partnership between the City Attorney, City Manager and City Council.
f. Describe how you will keep the City Council and the City Manager informed about the status of litigation and other legal matters on a regular basis, an d what basis would that be.
g. Describe the response time we can expect from the City Attorney to inquiries made by the City Council and City Manager.
h. Describe how you will track and manage legal costs so that the City’s legal costs are held to a minimum.
i. Describe how you will proactively advise the City Council, City Manager and staff about legal developments or issues of concern, without being asked. j. Describe how as the City Attorney you would coordinate your daily work with the City Manager and City Council.
k. Describe how as the City Attorney you would coordinate your daily work with the City Department Heads.
l. Clearly describe your range of experience with project negotiation, eminent domain issues, and the drafting and implementation of agreements a nd contracts ( i.e., lease, purchase) and litigation.
m. How would you evaluate whether to use an attorney within your law firm or an attorney from another law firm to handle a case, provide expert advice, or provide other needed services?
n. Describe the firms’ practices regarding professional development training and keeping current with the laws and legal matters affecting its c l i e n t s. o. Identify the types of in -service training (such as ethics, commission roles and responsibilities, how to conduct performance evaluations, harassment investigations, etc.) your firm is capable of providing to municipalities.
p. Describe systems/mechanisms that would be established from monthly reporting of status of routine projects, requests, and litigation.
q. Describe the firm’s philo sophy in addressing complete matters within the context of balancing legal limitations with project goals and objectives. r. Describe your firm’s suggested process for transmittal of requests and other material to the City Attorney.
s. Describe the firm’s experience with contract services provided by a municipality. 73 City of Placerville
Request for Proposals
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15 t. It is anticipated that the City will contractually require monthly-itemized statements for all services and will subject these statements to audit at least annually. Describe how you would provide this reporting.
u. Describe how the firm proposes to obtain client satisfaction with provided services, and what tools or resources are available to ensure continued satisfaction. v. If a multi-employee firm, describe the firm’s philosophy with regard to per sonnel changes in City Attorney, whether initiated by the firm or requested by the City.
4. Please complete and submit the Certification of Proposal Form (Attachment A) and Business Information Form (Attachment B) with your Proposal.
5. References: Provide cont act information for three (3) municipal, public agency and/or key clients for which legal services have been provided in the last ten (10) years (preferably performed by the attorney being proposed to represent the City of Placerville). Please include the contact person’s name, address, phone number and email address.
6. Clients/Potential Conflicts of Interest:
a. Identify any foreseeable or potential conflicts of interest with public clients you serve and the manner in which you would propose to resolve such conflicts. b. For the person to be designated as City Attorney and any substitute City Attorney(s), list all public clients that person presently represents as City Attorney or general counsel, along with the meeting dates and times for each governing body. c. List all private clients that could potentially pose a conflict of interest with your representation of the City of Placerville.
d. Identify all situations in the last five (5) years in which you have been adverse to public entities, either in litigation or administrative matters. e. Please list any political contributions of money, in -kind services, or loans made to any member of a City Council within the last three (3) years by the applicant law firm and all of its attorneys, including the attorney being proposed to represent the City of Placerville.
7. Insurance: Please include a description and pertinent information regarding the general liability and malpractice insurance carried by the firm or individual, including the amount of coverage provided by such insurance.
74 City of Placerville
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16 B. Cost Proposal
While the City is open to reviewing various cost structures, i t is anticipated that the City will receive cost proposals wherein “general” services are provided under a fixed monthly retainer and any additional “special” services are billed at a pre-negotiated hourly rate.
1. General Services: Please give your definition of “general” legal services. Would all general legal services be included in your monthly retainer?
2. Special Services: Please give your definition of “special” legal serv ices. How are they differentiated from general legal services? Would any special services be included in your retainer? If so, please identify them.
3. How would your firm aid the City to remain within its adopted budget for its legal services?
4. Billing Method: Describe your firm’s preference for method of payment, payment terms, and your procedure for billing retention, hours, and expenses and other accounting requirements.
5. Reimbursable: Define the type and unit rates for reimbursement of expenses. For exampl e, rate for mileage, reproduction of documents or word processing charges, unit costs for telephone costs, etc.
6. In-Service Training: Please provide the costs of any in -service training(s) that your firm can provide to the City.
7. Adjustments: Do you expect to have a cost -of-living adjustment incorporated into the agreement with the City? If so, please explain how you propose it be computed and implemented.
8. Would your firm be willing to operate under a maximum annual expenditure cap with the City? If so, please explain how it might be structured.
9. Monthly Retainer/Billable Hours: Please complete and submit the Cost Proposal Form (Attachment C) with your Proposal. The proposed compensation shall be in one of two (2) formats. The Proposer shall either pr opose an hourly rate(s) for work, including meeting attendance OR the submittal shall contain a billing system wherein regular attendance at City Council, Planning Commission, or Successor Agency meetings are billed at a fixed, per meeting fee (i.e. month ly retainer) and services beyond the scope are billed at the proposed hourly rate(s). Billing should correspond to the Scope of Work and hourly involvement by each staff member. Alternatively, the proposer may choose a blended cost structure, in which case the structure should be described in sufficient detail to be understood by staff and Council members.
10. Cost of Proposal Worksheet: Please complete and submit the Cost of Proposal Worksheet (Attachment D) with your proposal.
75 City of Placerville
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17 VI. Sample Documents
A. Sample Report: Please submit a copy of a typical report your firm provides to municipalities (i.e. staff report, memorandum, legal opinion, etc.).
B. Sample Billing Invoice: Please submit a copy of a typical invoice your firm provides to municipalities. Please redact any sensitive information.
76 City of Placerville
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18 Attachment A
Certification of Proposal
The undersigned hereby submits its proposal and, by so doing, agrees to furnish services to the City in accordance with this Request for Proposal and to be bound by the terms and conditions of the RFP.
This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is solely responsible for such errors or omissions.
It is understood and agreed that the City reserves the ri ght to accept or reject any or all proposals and to waive any informal or irregularity in any proposal received by the City. The proposal includes all components, figures and dates required by this Request for Proposal. This firm has carefully read and fully understands all of the items contained in this Request for Proposals. This firm agrees to all of the requirements of the RFP. The City is not responsible for any cost associated with preparing the Proposal.
Date:
Name of Firm:
Authorized Signature:
Print/Type Name:
Title:
Address:
Telephone:
Fax:
Email:
77 City of Placerville
Request for Proposals
City Attorney Services
19 Attachment B
Business Information Form
Business Contact
Information: Name of Firm:
Address:
City/State/Zip Code:
Telephone:
Fax:
Email:
Website:
Federal Tax Number:
Number of Years in Business:
Number of Employees:
Does the firm/business maintain amounts of insurance specified by the City? Yes No
Are there any claims that are pending against any insurance policies? Yes No If yes, describe:
Has the firm/business been in bankruptcy, reorganization, or receivership in the last five years? Yes No Has the proposed designated City Attorney practiced municipal law a minimum of five (5) years? Yes No Is each of the proposed attorneys accredited and in good standing with the State Bar of California? Yes No Business Classification: Corporation Partnership Individual 78 City of Placerville
Request for Proposals
City Attorney Services
20 If a Corporation:
Date of Incorporation:
State of Incorporation:
President’s Name:
If a Partnership:
Date of Organization:
Name of all Partners:
79 City of Placerville
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21 Attachment C
Cost Proposal Form
Proposer
Name of Firm:
Address:
Name of Contact:
Phone Number:
Email Address:
Hourly Rates (no retainer)
Estimated average hours per month: Hourly Rate: $
Total cost for services per month: $
Monthly Retainer
Estimated average hours per month: Hourly Rate: $
Total cost for services included in monthly retainer: $
Add-On Hours Outside of Monthly Retainer:
List of Personnel Hourly Rates
1. $
2. $
3. $
Reimbursable and/or Other Costs:
Please define the types and unit rates for expenses (i.e. mileage, reproduction of documents, faxed documents, processing charges, etc.) if any:
80 City of Placerville
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22 Attachment D
Cost of Proposal Worksheet
Services Provided by
Firm
(Yes/No)
Included in
Retainer
(Yes/No)
Title of Person
Performing
Service
1. Attend regular and special Council meetings. □ □ □ □
2. Attend regular Planning Commission meetings □ □ □ □
3. Attend Executive Team Staff and other
meetings as needed. □ □ □ □
4. Office hours, at least one day per week. □ □ □ □
5. Agenda review and follow-up. □ □ □ □
6. Standard contract review and revision. □ □ □ □
7. Standard ordinance/resolution review and
revision.
□ □ □ □
8. Public Records Act request review and direction. □ □ □ □
9. Brown Act issues. □ □ □ □
10. General legal advice and counsel on matters
pertaining to the City, not involving more than
three
(3) hours of research.
□
□
□
□
11. Routine personnel and labor questions, which
can be responded to orally, not involving more
than one (1)
hour of research.
□
□
□
□
12. Code enforcement issues – City code
interpretation.
□ □ □ □
13. Code enforcement issues – consultation with
City staff. □ □ □ □
14. Code enforcement issues – preparation and
review of notices, demands and orders. □ □ □ □
15. Litigation, including eminent domain. □ □ □ □
16. Personnel services– review of Practices and
Procedures □ □ □ □
17. Personnel services – disciplinary procedure. □ □ □ □
18. Personnel services – grievances. □ □ □ □
19. Personnel services – arbitration. □ □ □ □
20. Personnel services – FLSA, FMLA, ADA and HIPPA
issues. □ □ □ □
Services Provided by
Firm
Included in
Retainer
Title of Person
Performing
81 City of Placerville
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23 (Yes/No) (Yes/No) Service
21. Personnel services – Revision of drafting at-will
personnel contracts. □ □ □ □
22. Transactions – options. □ □ □ □
23. Transactions – leases. □ □ □ □
24. Transactions – statutory development
agreements.
□ □ □ □
25. Transactions –specialized reimbursement
agreements, fee credit or reimbursement
agreements.
□ □ □ □
26. Franchising. □ □ □ □
27. Public Works – contract disputes and
interpretation services. □ □ □ □
28. Public Works – drafting construction and similar
contracts and conditions. □ □ □ □
29. Public Works – prevailing wage issues. □ □ □ □
30. Public Works – right of way acquisition. □ □ □ □
31. Development Services – CEQA issues and
document review. □ □ □ □
32. Development Services – routine Subdivision Map
Act issues. □ □ □ □
33. Development Services – non routine
Subdivision Map Act issues. □ □ □ □
34. Development Services – zoning and land use
issues.
□ □ □ □
35. Development Services – housing issues. □ □ □ □
36. Ordinance and resolutions – drafting and
compilation of non -routine ord inances and
resolutions; review and analysis of non -routine
ordinances and resolutions drafted by City Staff
or other Jurisdictions.
□ □ □
37. Appearance before other public entities or
government agencies on behalf of the City. □ □ □ □
38. Proposer may list additional, pertinent services it can provide to the City of Placerville on the lines
below:
□ □ □ □
82 City of Placerville
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City Attorney Services
24 83
CITY OF ST. HELENA
ADMINISTRATION
REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES
LEGAL SERVICES
DATE ISSUED: Friday, June 14, 2019
DATE DUE: Wednesday, July 31, 2019 4PM
CONTACT: Mark Prestwich, City Manager
[email protected]
(707) 968-2744
ALL RESPONSES MUST BE MAILED OR HAND-DELIVERED TO:
CITY OF ST. HELENA
OFFICE OF THE CITY CLERK
ATTENTION: CINDY TZAFOPOULOS
1480 MAIN STREET
ST. HELENA, CA 94574
84 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 2
TABLE OF CONTENTS
I. INTRODUCTION ........................................................................................................................................... 3 II. GENERAL INFORMATION ........................................................................................................................... 4 III. QUALIFICATIONS ........................................................................................................................................ 4 IV. SCOPE OF WORK ....................................................................................................................................... 5 V. SCHEDULE .................................................................................................................................................... 6 VI. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT ...................................................................... 7 PART 1 | COVER LETTER, EXECUTIVE SUMMARY, AND CONSULTANT IDENTIFICATION AND TEAM .. 8 PART 2 | APPROACH TO PROVIDING LEGAL SERVICES .......................................................................... 9 PART 3 | CURRENT PRACTICES/CONFLICT OF INTEREST ........................................................................ 10 PART 4 | PROFESSIONAL REFERENCES ..................................................................................................... 10 PART 5 | COMPENSATION TO PROVIDE SERVICES ................................................................................. 10 VII. SELECTION PROCESS ................................................................................................................................ 11 VIII. PROPOSAL TERMS AND CONDITIONS ................................................................................................... 12
1. EXAMINATION OF PROPOSAL MATERIALS ............................................................................... 12
2. ADDENDA INTERPRETATIONS ..................................................................................................... 12
3. DESIGNATED CONTACT.............................................................................................................. 12
4. PUBLIC RECORDS ........................................................................................................................ 13
5. PROPOSAL COSTS ....................................................................................................................... 13
6. RESERVATION OF RIGHTS ........................................................................................................... 13
7. PRODUCT OWNERSHIP ............................................................................................................... 13
8. PROFESSIONAL SERVICES AGREEMENT .................................................................................... 13
9. CAUSES FOR DISQUALIFICATION .............................................................................................. 13
EXHIBITS
A. CITY OF ST. HELENA CORE VALUES AND MISSION STATEMENT B. SAMPLE CITY OF ST. HELENA PROFESSIONAL SERVICES CONTRACT C. CITY OF ST. HELENA CITY COUNCIL POLICY P-CC-0001 MANAGEMENT OF LEGAL SERVICES D. CITY OF ST. HELENA CITY ATTORNEY EVALUATION FORM
85 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 3
I. INTRODUCTION
The City of St. Helena, California is located in the center of the world-famous wine growing Napa Valley, 65 miles north of San Francisco.
The area was settled in 1834 as part of General Vallejo’s land grant. The City of St. Helena was incorporated as a City on March 24, 1876 and reincorporated on May 14, 1889.
The City is located in the center of Napa Valley in Northern California and cons idered to be one of the premier wine -producing regions of the world. The area is renowned for its abundance of vineyards and wineries of national reputation. The City of St. Helena includes several lodging establishments, fine restaurants, an historic down town business district and is an attractive and enjoyable small community environment nestled among the hills of Napa Valley, in the heart of Wine Country. St. Helena is home to approximately 6,000 individuals; however, on any given day, that population ca n increase by as much as 20 percent due to an influx of tourists from around the world and commuters who drive to St. Helena to work.
The City operates under a council- manager form of government. The City has a five - member City Council consisting of a Ma yor elected to serve a two -year term, and four Council members elected at large to four -year staggered terms, with two members elected every two years.
The City Council appoints the City Attorney and contracts with that individual's firm for legal services. The City’s legal services budget has been trending downward over the last four years. The current general fund budget for legal services is $ 245,000 which does not include the water and wastewater funds, the affordable housing fund , litigation, and special services costs.
The City Council appoints the City Manager, who serves as the executive officer and is responsible for carrying out the policies of the Council and the day -to-day operations of The City. The City Manager's executive staff includes a Finance Director, Recreation Director, Public Works Director, Police Chief, Fire Chief , Planning and Community Improvement Director, City Clerk, and the Human Resources/IT Director . Mark Prestwich has served as the City Manager since August 2017 and has over 20 years local government experience with five years as a City Manager.
St. Helena provides a full range of municipal services including fire and police protection; public works, including construction and maintenance of City streets, storm drains, operation of water and wastewater utility services , and similar infrastructure type assets; park maintenance and community recreation activities; building inspections; licenses and permits; and public library services and facilities. In terms of business -type activities, the City provides water and wastewater services through the operation of its utility enterprises.
The City's fiscal year is July 1 through June 30. The City’s fund structure currently includes:
General Fund, Special Revenue Funds, Capita l Funds, and Proprietary (Enterprise) Funds. 86 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 4
The City’s General Fund budget for FY 2019 -20 is $ 15 million. The City’s Water and Wastewater Enterprise budgets for FY 2019-20 are $6.5 million and $3.1 million, respectively.
In addition to its General Fund and Water and Wastewater Enterprise Funds, the City also has an active Five-Year Capital Improvement Program (CIP).
The City of St. Helena recently completed its General Plan update and will be commencing a process for updating and amending its zoning co de. The City has a number of significant infrastructure projects in the planning stages or underway including:
Completion of Wastewater Treatment Plant Upgrade and Modernization, Downtown Streetscape Development and Implementation Plan, City Hall Replaceme nt, Library Improvements, Recreation Center, Bell Canyon Intake Tower Replacement, Bell Canyon Spillway repairs, and the York Creek Dam Removal and Habitat Restoration Project. The City revised water and wastewater rates in late 2017.
The City is a pa rticipant in the Redwood Empire Municipal Insurance Fund (REMIF), a self - insured joint powers authority established in 1976 to handle the insurance claims, benefit programs, and risk management needs of fifteen member cities. The cities are located in the five Northwest counties.
Please refer to the City's website for more detailed information about the City St. Helena at http://www.cityofsthelena.org/
II. GENERAL INFORMATION
The City Council of the City of St. Helena invites interested legal firms or individual practitioners to submit written proposals to provide legal services for the City.
The City Council encourages proposals that lay out various legal service delivery and compensation models. In general, the City seeks the services of a full-service law firm that will assign a lead attorney to work directly with the City or an individual attorney that works part-time for the City to provide services. In either case, the City reserves the right to enter into retainer agreements with other firms or individuals to handle specified legal matters on an as-needed basis.
III. QUALIFICATIONS
The City Council seeks an experienced and knowledgeable attorney to serve as legal advisor to the City Council and the City Manager and support them through the delivery of high -quality legal services consistent with the City Council's core values and mission statement. The majority of the City's anticipated legal services work includes that of legal advisor at selected Council meetings and management of the City's legal issues. A more complete outline of the anticipated scope of service is set forth below.
The City Attorney will engage with the City’s professional staff at the direction of the City Manager. The City Attorney will not be expected to routinely function in a “department head” capacity or as active member of the management team. 87 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 5
The successful applicant must be an attorney licensed to practice law in the State of California. A strong generalist background in municipal law is preferred, with an emphasis on contract management and land use. Experience with Proposition 218 and/or public employment law is a plus.
The successful candidate will demonstrate the ability to quickly familiarize himself or herself with existing City ordinances, adopted policies , and the General Plan. The attorney is expected to proactively and timely educate, inform , and train the Council, commission members, and City staff on impending legal and legislative changes and compliance with state and federal laws, including modifications to existing ordinances as necessary.
The successful candidate will demonstrate the ability to identify and help manage risk and offer options to the City Council and City Manager, while being cognizant of and acting prudently with respect to the City’s limited financial resources.
IV. SCOPE OF WORK
The City is soliciting the interest of qualified professional law firms or an individual to provide a full range of municipal legal services. The contract term will be one year, with annual renewals contemplated based on a mutually agreeable working relat ionship. The successful City Attorney will be expected to provide the following general counsel services including, but not limited to:
1. Represent and advise the City Council, City Manager, Boards and Commissions, and City staff as directed, in all matters of pertaining to their role in the organization. Give advice or opinion on the legality of all matters under consideration by the Council, Boards and Commissions, or City staff.
2. On an as needed basis, attend and represent the City's legal interests at selected City Council meetings and workshops. Regular Council meetings are held on the second and fourth Tuesday of the month at 6 p.m. On occasion, a meeting may be cancelled. On an as needed basis, the City Attorney may need to attend an advisory board or commission meeting.
3. Provide legal opinions, advice, assistance, consultation, and training to the City Council, City Manager, and City staff.
4. The range of services routinely include, but are not limited to , the following areas of municipal law:
a. Brown Act Compliance
b. Public Records Act
c. Conflicts of Interest
d. Election law
e. Contracts and franchises
f. Real estate and property transactions
g. Land use and environmental law (CEQA)
88 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 6
h. Public Works contracting/public contracts/capital projects i. Americans with Disabilities Act (ADA)
j. Personnel, employee relations, and labor negotiations k. Code Enforcement
l. Tort liability and risk management
m. Fees, taxes, assessments, Proposition 2018
5. Direct, as necessary, the update of City ordinances, procedures, and practices
6. Review and analyze local, state and federal pending legislation, laws, and court decisions and provide updates, proactively propose modifications to City policies, ordinances and plans.
7. Review, approve, and/or prepare ordinances, resolutions, staff report s, preliminary research/analysis, contracts, deeds, leases, and other legal documents required by the City.
8. Represent the City in civil litigation brought on behalf or against the City as necessary and directed by the City Council. May serve as City pros ecutor to enforce local municipal codes as directed by the City Council.
The City Attorney will provide assistance to the City Council with regard to litigation and special services. On an as needed basis, depending on direction from City Council, the City Attorney may be directed to recommend, manage, and monitor performance of selected outside special counsel to provide litigation or other special services or the City Attorney could be tasked to provide those services.
The City may propose additional t asks as deemed necessary to complete assignment.
Any additional work shall be compensated, as agreed upon, in the Professional Services Agreement (PSA) between the successful firm/individual and the City.
V. SCHEDULE
Responses to the RFP must be submitted to the City of St. Helena as outlined in this section.
Responses are due no later than
WEDNESDAY, JULY 31, 2019 AT 4:00 PM
Responses received after this date and time will not be considered.
89 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 7
PROPOSED SCHEDULE FOR THE REVIEW AND SELECTION PROCESS
AND DESIRED TIMELINES FOR DELIVERABLES
MILESTONE DATE TIME
Release RFP June 14, 2019
Question submittal deadline June 28, 2019 4:00PM
Questions posted on City website (cityofsthelena.org/rfps) July 12, 2019 5:00PM Proposal due date July 31, 2019 4:00PM
Review and scoring of submittals Week of August 5th 9:00AM Interviews w/finalists Mid- to Late August 2019 TBD
Award of Agreement September 10, 2019 6:00 PM
The schedule may be modified and/or extended if necessary.
VI. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT
If interested in this RFP, please notify Cindy Tzafopo ulos by email at [email protected] so you may be added to the notification list for addendums. Failure to notify could result in missing important and required information, and could result in disqualification.
Format
All submittals must follow the format described in this section. The City of St. Helena reserves the right to include or exclude any part of the submittals in the final agreement with the selected consultant. All parties interested in submitting proposals must provide specific and succinct answers to all questions and requests for information. Please answer the questions in the format and order presented. Submissions of resumes along will not be considered responsive to any specific questions.
Seven (7) bound copies of the submittal, one (1) unbound, reproducible copy, and one CD (or other digital medium) containing a PDF copy must be submitted. Each submittal shall contain no more than 20 double -sided 8 ½” x 11” pages (not counting dividers, exhibits, and any relevant appendices). Font shall be no less than 10pt. All pages shall be numbered.
To be considered for selection, s ubmittals must arrive at the location shown below by the date and time specified in Section V . Proposers who mail packages should allow ample delivery time to ensure timely arrival.
Submittals shall be placed in a clearly marked envelope , titled City of St. Helena Legal Services and hand-delivered or mailed to:
City of St. Helena
Office of the City Clerk
Attention: Cindy Tzafopoulos
1480 Main Street
St. Helena, CA 94574
90 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 8
It is the sole responsibility of the Proposer to ensure timely delivery. Late proposals shall not be considered. Proposals will not be accepted at any other location other than the address specified above. Faxed or emailed proposals will not be accepted.
Content
The content of your proposal should include the following in summary form:
Part 1: Cover Letter, Executive Summary, and Consultant Identification and Team Part 2: Approach to Providing Legal Services
Part 3: Current Practices/Conflict of Interest
Part 4: Professional References
Part 5: Compensation to Provide Services
TOTAL: 100 points
PART 1 | COVER LETTER, EXECUTIVE SUMMARY , AND CONSULTANT IDENTIFICATION AND TEAM
In no more than three (3) pages t he Cover Letter , Executive Summary , and Consultant Identification and Team shall include:
1. The names of the key members of the legal team with resumes and a summary of the following for each key member of the legal team:
a. Length of employment with the firm
b. Specialization
c. Legal training
d. Scholastic honors and professional affiliations
e. Date of admittance to California Bar
f. Years of practice
2. Municipal or local public sector experience.
3. Knowledge of, and experience with , California Municipal Law (years and state of other types of clientele represented).
4. Litigation experience and track record.
5. Knowledge and use of Alternative Dispute Resolution (ADR) techniques; ADR training and experience; and success record of advocacy in mediation and arbitrations.
6. Knowledge and practice of law relating to land use and planning, CEQA, NEPA, general plans, real estate, environmental issues, and other related law.
7. Experience in the area of personnel, workers’ compensation, general liability, and employee relations.
8. Experience in the area of contracts and franchises; preparation and review of ordinances and resolutions.
9. Experience in the area of the Public Records Act, Brown Act, and Elections Code.
91 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 9
10. Experience with implementation of E lectronic Document Management System and updating of Records Retention Schedule, automation processes, and procedures for conversion to paperless system (i.e. contract routing/signatures).
11. If the firm, or any of the attorneys employed by the firm, have ev er been successfully sued for malpractice, been subject of complaints filed with the State Bar, or had discipline imposed by the State Bar. If yes, please provide information on the nature of the incident, the date on which the matter began and was concluded, and the result of the situation.
12. The mailing address, telephone number, and the name of the main point of contact for the legal team.
13. An acknowledgement of receiving any addendum(s) to the RFP document sent out by the City.
PART 2 | APPROACH TO PROVIDING LEGAL SERVICES
Please include a written response to the following questions:
1. Describe you anticipated approach to delivering high quality, cost effective legal services for the City of St. Helena. Please detail how you would fulfill the role of legal advisor to the City Council and City Manager, given that St. Helena is a relatively small agency.
2. Specify the individual that you propose for appointment as the City Attorney.
3. Specify the individual(s), if any, that you would propose as Assistant or Deputy City Attorney and/or who would be designated as competent, substitute/backup legal representation for the agency in the event of the absence or unavailability of the Attorney.
4. Describe your preferred working relationship with the City Council, City Manager, Department Heads, City Committees and Commissions, and other members of staff.
5. Please describe how you would propose to develop and maintain working knowledge of City operations:
a. Frequency of participation in management tea m/agenda preparation meetings;
b. Availability to personally consult with management team and C ouncil members;
c. Coordinate Council meeting agenda work flow with City Manager and City Clerk; and
d. Provide training and consultation as appropriate.
6. Explain your proposed communication structure. Define the standard time frames for response by the Attorney to direction and/or inquiry from the City Council and City Manager. (Email, text message, and phone call.)
7. Specify intended office location and information regarding accessibility including hours and days of week for both emergency and regular contact.
92 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 10
8. Consistent with the City’s established Policy P -CC-0001 Management of Legal Services, describe the systems/mechanisms that would be established for monthly reporting of status of projects, requests, and litigation. Describe the process for transmittal of requests and other material to Attorney. Provide samples of your proposed written litigation analysis and monthly reporting formats.
9. Describe you or your firm's proactive approach to educating and developing client (Council and staff) with the goal of helping them to comply with state and federal law and to prevent potential litigation. Please include samples from within the past 12 months of client training materials, training classes, newsletters, contract templates, and/or other approaches used by your firm (if any).
10. The City, prior to commencement of work, will require the firm/individual with which a contract is established, to provide evidence of appropriate professional liability insurance, errors and omissions insurance, and workers compensation insurance coverage as needed . Please indicate your ability to meet the insurance requirements as indicated in the Professional Services Agreement, Section 7.
11. The successful firm/individual must agree, if awarded a contract as a result of its proposal, to the indemnification provision in the Professional Services Agreement, Section 8. Please indicate your ability to meet this requirement.
12. The individual or firm selected must obtain a City of St. Helena business license.
PART 3 | CURRENT PRACTICES/CONFLICT OF INTEREST
1. List any political contributions of money, in -kind services, or loans made to any member of a City/City Council within the last three years by the applicant law firm and all of its attorneys, including the attorney being proposed to represent the City.
2. List all public clients for which you or your firm current provide services or are under retainer.
3. List all public clients for which you or your firm previously provided services over the last five years.
4. For the firm and/or the proposed attorney, demonstrate our continuing availability for providing legal services to the City based on your current or known future professional commitments.
PART 4 | PROFESSIONAL REFERENCES
Provide three professional and three personal references for the individual recommended for appointment as the City Attorney. Include with each the name, address, and work telephone number of the reference.
PART 5 | COMPENSATION TO PROVIDE SERVICES
It is anticipated that the firm/ind ividual will propose a plan where basic services are provided under a fixed monthly fee or retainer and additional services billed at an agreed upon hourly rate. Basic services, for the purposes of this proposal, shall include those legal services generally understood within the field of municipal law to fall within the category of “general counsel” work as outlined in the requested scope of work. Please provide alternative compensation structure if not proposing this type of approach.
93 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 11
Include in your proposal the following:
1. Proposed fix monthly fee or retainer for basic services
2. Specific services to be included in the category of basic services
3. Proposed hourly rate for litigation and special services
4. Specific services to be in the category of “litigat ion”, “additional”, or “special” services
5. Specific expenses for which firm will claim reimbursement from the City including type and unit rate (i.e. rate for mileage, reproduction of documents, travel expenses, conference registration, if any, etc.)
6. Any additional charges or costs
The City utilizes a standard contract template for Professional Services Agreements (PSAs).
In addition, the City Council has adopted policy P -CC-0001 Management of Legal Services, please specify whether you have any excep tions to the proposed terms and conditions of the PSA and Policy.
The City Council utilizes a standard evaluation form for its bi- annual evaluation of the City Attorney, please specify any concerns with the evaluation form.
VII. SELECTION PROCESS
The City Council has established an Ad Hoc committee of the City Council which will work with the City Manager to screen and review all proposals. Proposals will be carefully evaluated for:
1. Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations in a small municipal agency setting.
2. Capacity to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines an d to operate in an effective and efficient manner.
3. Degree of availability and process for quick response to inquiries that arise out of day-to-day operating questions or problems.
4. Degree of availability for on -site meetings with City Council, staff, and affected parties in a timely manner.
5. Degree to which firm and/or individual attorneys/counsel stay current through continued professional development and active communication with members of the municipal law field.
6. Use of ADR techniques.
7. Inclusion of all of the information and documents requested in this RFP.
94 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 12
8. Written communication skills.
9. Proactive approach to risk avoidance, training, and consultation.
10. Cost of services.
Qualifications and references of the top candidates based on proposal responses will be verified.
The selected consultant will be asked to enter into a Professional Services Agreement with the City of St. Helena and comply with the insurance requirements set forth therein.
Interviews by the full City Council of the top ranked proposers will be determined by City Council Ad Hoc Committee and City Manager . Based on the number and quality of applications, there may be a preliminary interview of selected firms by the Council Ad-Hoc Committee to recommend fin alists for interview by the full City Council. These interviews are anticipated for the mid- to late -August time period. Participation in this interview process will be at no cost to the City.
The City Council will utilize the Ad Hoc C ommittee and City Ma nager to negotiate the terms and conditions of a contract outlining duties and compensation with the selected party, which must then be approved by formal Council action.
The City Council will award a Professional Services Agreement (“Agreement”) to the firm and/or individual(s) to serve as City Attorney and will formally appoint the individual(s) to serve as City Attorney. The City Attorney shall serve at the pleasure of the City Council. The City Attorney is not a City employee and the City Council may terminate the appointment at any time, with or without cause based on the terms of the Agreement.
Legal services to the City are anticipated to begin on or shortly after September 10, 2019, upon award of a contract.
VIII. PROPOSAL TERMS AND CONDITIONS
1. EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and tha t it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the proponent was not fully informed as to any fact or condition.
2. ADDENDA INTERPRETATIONS
If it becomes necessary to revise any part of this RFP, a written addendum will be provided to each firm that requested to be added to the notification list, and said addenda will be uploaded to the City website . The City of St. Helena is not bound by any oral representations, clarifications, or changes made in the RFP by the City or its agents, unless such clarifications or change is provided in written addendum from the City of St. Helena .
3. DESIGNATED CONTACT
95 CITY OF ST. HELENA | REQUEST FOR PROPOSALS | LEGAL SERVICES PAGE 13
For the purposes of this RFP , the City Manager is designated as the contact person. Any questions concerning the scope of work and the selection process shall be directed to Mark Prestwich, at [email protected]. Any and all questions and responses concerning this RFP will only be a ccepted in writing, via email. All questions must be received by June 28, 2019 by 4:00PM.
Responses to questions will be posted on the C ity’s website, cityofsthelena.org/rfps, and will become part of the RFP. It is the consultant’s responsibility to check the website for updates.
4. PUBLIC RECORDS
This RFP document and all submittals in response thereto are public records. Prospective consultants are cautioned not to include any material into the proposal that is strictly proprietary in nature.
5. PROPOSAL COSTS
All costs associated with the preparation of RFP submittals sha ll be borne by the respondent. This RFP does not constitute any form of offer to contract.
6. RESERVATION OF RIGHTS
The City reserves the right, for any reason, to accept or reject any one or more proposals; to request additional information concerning any proposals for purposes of clarification; to accept or negotiate the terms and specifications of the proposal , following the deadline for receipt of all proposals; to waive any irregularities, if such would serve the best interest of the City, as determined by the City Council; to modify any part of the RFP; or issue a new RFP.
The City Council wishes to retain the greatest latitude in its ability to change attorneys and/or law firms should that become necessary. The individual(s) appointed as City Attorney shall serve solely at the pleasure of the Council. The City Attorney is not a City employee and may be terminated at anytime by the City Council, with or without cause.
7. PRODUCT OWNERSHIP
Any documents resulting from the contract will be the property of the City.
8. PROFESSIONAL SERVICES AGREEMENT
All Proposers must identify in their proposal any terms and conditions of the sample Professional Service Agreement (Exhibit A) that they wish to negotiate. Insurance is required as outlined in Section 7 of the sample agreement.
9. CAUSES FOR DISQUALIFICATION
Any of the following may be considered cause to disqualify a proponent without further consideration:
- Evidence of collusion among proponents;
- Any attempt to improperly influence any member of the evaluation panel; - A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
- Existence of any lawsuit, unresolved con tractual claim, or dispute between proponent and the City.
96 REQUEST FOR PROPOSALS
for
CITY ATTORNEY SERVICES
September 2018
Important Dates:
Proposal Due Date: October 19, 2018
Selection Interviews: November 14, 2018
Award of Agreement: November 29, 2018
Agreement Start Date: March 1, 2019
Contact:
Heather Mc Laughlin, City Attorney
City Attorney’s Office
250 East L Street
Benicia, CA 94510
Phone: (707) 746-4216
Fax: (707) 746-1196
Email: [email protected]
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Table of Contents
INTRODUCTION .................................................................................................... 3 BACKGROUND. ..............................................................................................................................3 PURPOSE OF THE REQUEST. ...........................................................................................................4 SCOPE OF SERVICES ........................................................................................... 4 PROPOSAL FORMAT ........................................................................................... 4 APPROACH. ...................................................................................................................................4 DESCRIPTION OF LAW FIRM, MANAGEMENT AND TEAM MEMBERS. .............................................4 LAW FIRM CLIENTS AND PROJECTS. .............................................................................................5 ADDITIONAL SERVICES. ................................................................................................................6 PROPOSED BUDGET. ......................................................................................................................6 REFERENCES, RELATED EXPERIENCE AND EXAMPLES OF WORK. .................................................7 SELECTION PROCESS ......................................................................................... 7 QUALIFICATIONS...........................................................................................................................7 SELECTION CRITERIA. ...................................................................................................................8 PROPOSAL DUE DATE, DELIVERY AND AWARD ....................................... 9 DELIVERY. ..................................................................................................................................10 AWARD OF CONTRACT. ...............................................................................................................10 CONDITIONS OF REQUEST ............................................................................. 10 GENERAL CONDITIONS. ..............................................................................................................10 LIABILITY OF COSTS AND RESPONSIBILITY. ................................................................................11 PUBLIC NATURE OF PROPOSAL MATERIAL. ................................................................................11 VALIDITY. ...................................................................................................................................11 STANDARD AGREEMENT. ............................................................................................................12 PERMITS AND LICENSES. .............................................................................................................12 ORAL AND WRITTEN EXPLANATIONS. ........................................................................................12 PROPOSER’S REPRESENTATIVE. ..................................................................................................12 INSURANCE. ................................................................................................................................12 AVAILABILITY OF DOCUMENTS .................................................................. 13 APPENDIX A: SCOPE OF WORK ...................................................................................................14 APPENDIX B: PROPOSED AGREEMENT ........................................................................................16 APPENDIX C: SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS FOR NON-DESIGN PROFESSIONALS ..........................................................................................................................24 APPENDIX D: CERTIFICATION OF PROPOSAL ...............................................................................27 APPENDIX E: BUSINESS INFORMATION FORM .............................................................................28 APPENDIX F: COST OF PROPOSAL FORM .....................................................................................29 APPENDIX G: COST OF PROPOSAL WORKSHEET:.........................................................................30 MONTHLY RETAINER FEE SERVICES – NO LIMITATION ON HOURS ..............................................30 APPENDIX H: COST OF PROPOSAL WORKSHEET: OTHER SERVICES ............................................31 98 -3- 1. Request for Proposals - City Attorney RFP
INTRODUCTION
The City of Benicia (“City”) is requesting proposals from qualified law firms to provide City Attorney services and other legal services on a contract basis.
Background.
The City of Benicia, a San Francisco Bay waterfront community of 28,000, is known for its small town charm and quality of life and is home to numerous award-winning restaurants, schools and parks. Benicia is nestled on the east bay shoreline in southwest Solano County. The City encompasses 13 square miles and is located 35 miles northeast of San Francisco, and 57 miles southwest of Sacramento.
Benicia has a rich history in California. Founded in 1847 and the third California city to incorporate, Benicia served as the third State Capitol in 1853 and 1854. The City has more than 40 fully restored historic sites, which include the Benicia Capitol State Historic Park, Benicia Arsenal, and the original site of Mills College.
Recreation is a big part of the Benicia lifestyle. The area features miles of public shoreline, a marina and boat launches for fishing and sailing and the Benicia State Recreation Area. The City has a beautiful 50-acre multi-use community park and oversees an additional 156 acres of city parks. Benicia is the home to many internationally known artists and acclaimed glass and art studios; events and activities are held in Benicia throughout the year, which are enjoyed by residents and visitors, individuals and families. Benicia also has Northern California’s largest port-oriented industrial park, an expanding business park, and serves as a primary Bay Area center for auto imports.
The City of Benicia is a community with a high level of pride and concern for preserving the quality of life. Residents enjoy low crime, good schools, relatively affordable housing, and a wide range of cultural and recreational opportunities.
Benicia is a full service General Law City and operates under the Council-Manager form of municipal government. The Mayor is directly elected, as are the four Council Members, City Clerk, and City Treasurer, to four-year terms. The City Council appoints the City Manager and City Attorney. The City operates on a two-year budget cycle with a General Fund of approximately $40 million and an all funds budget of almost $70 million. Approximately 220 fulltime employees serve in the city departments of Administration, Police, Fire, Finance, Public Works, Community Development, Library and Cultural Services, and Parks & Community Services. The Public Works Department includes the water treatment facility as well as a wastewater treatment facility. The Parks and Community Services Department also operates the City Cemetery.
The City’s Mission is to provide excellent service. The Vision is to work together to build a sustainable community and enhance the City’s overall quality of life. The City’s Values and 99 -4- 1. Request for Proposals - City Attorney RFP
Guiding Principles are: integrity, inclusiveness and collaboration, respect, responsiveness, and teamwork.
Purpose of the Request.
The current City Attorney has announced her intention to retire from the City in March of 2019.
The City desires to obtain the services of a law firm experienced in municipal law to fill the role of City Attorney. Qualified firms with at least five (5) years of municipal law experience are invited to submit written proposals to provide city attorney services. It is the City’s preference that the designated City Attorney have at least 10 years of municipal law experience.
The City Attorney is expected to provide a wide range of legal services to the City. The City Attorney is selected by the City Council and will work closely with the City Manager and other City staff. The person appointed as City Attorney shall serve at the pleasure of the Council. The City Attorney will not be a City employee.
SCOPE OF SERVICES
Attached, as Appendix A, is a list of major work tasks that should be accomplished as part of the scope of work. The proposer is asked to define the approach and the specific scope of work and methodology to achieve the objectives presented in this Request for Proposal (“RFP”). The proposer should include a refined scope of work by developing a detailed description of all project tasks, both those suggested in this RFP and any changes, additions or recommendations the proposer suggests.
PROPOSAL FORMAT
All proposals shall include the following minimum information:
Approach.
A short discussion of the intended approach to the project that demonstrates the proposer’s understanding of the issues and tasks and the proposer’s ability to address them. • Explain why the law firm is the best suited to perform the City Attorney duties. • Describe the response time we can expect from the City Attorney to inquiries made by the City Council, City Manager and staff.
Description of Law Firm, Management and Team Members.
A description of the law firm, its history, and a work plan that identifies the personnel to be assigned to each task. The law firm description should clearly identify who will be the City Attorney, and the day-to-day contact person for the work, if different. Specify the individual(s), if any, that you would propose as Assistant or Deputy City Attorney and/or who would be 100
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designated as competent, substitute/backup legal representation for the City, in the event of the absence or unavailability of the City Attorney.
The overall capabilities, qualifications, training, and areas of expertise for each of the partners/principals and associates that may be assigned to work with the City including, but not limited to:
• Name of individual(s) with resume(s) and length of employment with firm; • Specialization, legal training and years of practice and years of public sector practice; • Municipal or other local public sector experience and knowledge of California Municipal Law;
• Knowledge and practice of law relating to land use and planning, CEQA, NEPA, general plans, real estate, environmental issues, hazardous waste and other related law; • Experience in the area of personnel, workers’ compensation, general liability and employee relations;
• Experience in the area of drafting and interpreting contracts and franchises, including public works contracting and prevailing wage matters;
• Experience in the area of municipal code enforcement; • Experience in the preparation and review of ordinances and resolutions; • Experience in conflict resolution, managing disputes, and anticipating legal issues; and • Experience in the area of the Conflicts of Interest, Public Records Act, the Brown Act, and the Elections Code.
Law Firm Clients and Projects.
A list of major clients or projects, both ongoing and planned, to which the law firm is committed during the time frame of this project should be provided. Include the staff resources devoted to those projects and the status of the projects.
• Identify all public clients for whom the law firm currently provides a significant amount of legal services. Identify any foreseeable or potential conflicts of interest that could result from such representation and the way you would propose to resolve such conflicts.
• Identify all private clients for whom the law firm currently provides a significant amount of legal services. Identify any foreseeable or potential conflicts of interest that could result from such representation and the way you would propose to resolve such conflicts.
• Identify all situations in the last ten (10) years in which the law firm has been adverse to public entities, either in litigation or administrative matters. • If the law firm or a lawyer who is proposed to be on the Benicia team has been dismissed, fired, or the agreement has not been renewed in the last 5 years, please explain the circumstances.
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Additional Services.
Currently, the City Attorney provides open government training and risk management services for the City. Identify other services the law firm can provide and identify which are subject to additional costs to the City and which are not subject to additional costs. • Identify the types of in-service training (such as open government, ethics and AB 1234, commission roles and responsibilities, how to conduct performance evaluations, harassment, etc.) your firm is capable of providing. • Identify risk management and insurance review services your firm is capable of providing.
Proposed Budget.
Billing proposals should consider the Scope of Work and hourly involvement by each law firm member. Describe how your firm will aid the City in remaining within the adopted legal services budget. Specify how long the prices quoted will be binding.
The system of proposed compensation shall be in one of three formats.
1. The law firm proposes an hourly rate(s) for all work, including meeting attendance;
2. The law firm proposes a billing system where some services (“basic services”) such as attendance at City Council and Planning Commission meetings (or other work) are billed at a fixed cost such as a per meeting fee and other services (“special services” are billed at the proposed hourly rate(s); or
3. The law firm proposes all work is billed at a fixed monthly cost.
For the purposes of this RFP, please refer to the definitions below and Appendices G and H for what work the City would consider basic services or special services. This list is not exhaustive, and the City is open to moving items between the defined categories.
Basic services. Basic services, for the purposes of this proposal, shall include those legal services generally understood within the field of municipal law to fall within the category of “general counsel” work, and shall include, but not necessarily be limited to, the following:
a) Attendance at all meetings of the City Council (including regular sessions, closed sessions, and as needed work sessions). Regular sessions of the City Council are normally held on the first, third and occasionally fourth Tuesdays of each month commencing at 7:00 p.m. for the regular meeting with closed session typically held in advance of the meeting; b) Attendance at the monthly Planning Commission and various Council-appointed Board or Commission meetings on an as needed basis and/or as directed by the City Council or City Manager;
c) Review and/or preparation of ordinances, resolutions, orders, agreements, contracts, forms, notices, declarations, certificates, deeds, leases, and other documents required by the City; d) Consultation with the City Council Members, City Manager, and City Department Heads and Staff as needed – rendering of legal advice and opinions concerning legal matters that affect the City, including new legislation and court decisions. Perform research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the City Council and City Department Heads on legal matters pertaining to City operations; 102
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e) Legal work pertaining to property acquisition, property disposal, public improvements, public rights of way and easements, and matters relating to public utilities; f) Coordinate the work of outside counsel as needed and as directed by the City Council or the City Manager;
g) Regularly scheduled office hours a minimum of two days per week at City Hall at times and on weekdays to be mutually agreed upon, to allow for direct interaction with the City Manager and Department Heads;
Special Services. Special services are those provided on an as-needed basis when directed by the City Council or City Manager. These special services, anticipated to be provided at a specified hourly rate, include research, preparation, and follow through on various types of specifically requested special services matters. If the firm proposes to provide litigation services to the City, provide the hourly rates and other terms that would apply.
All inclusive fixed monthly costs. Under this structure nearly all of the City’s legal needs would be provided under a fixed cost. Specify what work, if any, would be excluded from the fixed cost.
Reimbursable expenses. Specific expenses for which firm will claim reimbursement from City including type and unit rate (i.e. rate for mileage, reproduction of documents, travel expenses, conference registration, if any, etc.)
Contract terms impacting budget. Specify any proposed term and/or condition that will impact the budget including length of contract, insurance requirements or other items.
References, Related Experience and Examples of Work.
Provide at least five (5) recent municipal client references with contact information. Specify the client, location, consultant firm members and participating individuals and their roles on team (principal, project director, etc.), type of work, and other relevant information to allow detailed reference checks.
Provide written samples of an ordinance, resolution, staff report, and litigation memo to Council.
Please provide information on a particularly unique or controversial issue that the firm addressed and how the issue was resolved.
SELECTION PROCESS
Qualifications.
All proposals received by the due date will be evaluated by the City. Only information which is received in response to the RFP or any subsequent interview will be evaluated. The City will judge the responses of each proposing firm in several critical areas. Selected proposers may be invited to an oral interview.
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Selection Criteria.
The City will select the most qualified proposal based on the following factors. Responses to the RFP should address the qualities and indicators that are listed below:
1. Ability of the Law Firm to Design an Approach and Work Plan to Meet the City’s Requirements.
An assessment of the overall quality of the proposal and responsiveness to this RFP. Qualities and indicators that will receive consideration include:
• The law firm’s demonstrated understanding of the Scope of Services; • The detail and clarity of the discussion as to the law firm’s approach; • The specific individual designated to serve as City Attorney; • The proposed solutions to the specific legal needs of the City such as affordable housing, subdivision and sign ordinance updates, the Arsenal, the Port and district elections;
• The law firm’s performance in identifying any special problems or concerns which may be associated with the project and preliminary ideas about how these obstacles should be addressed;
• Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations;
• Range and quality of services provided by the firm;
• Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and to operate in an effective and efficient manner;
• The cost of services;
• The inclusion of any unique or innovative approaches which are designed to save time and money or increase the benefits or effectiveness of the proposed services;
• The demonstrated ability to work with governmental bodies, businesses and residents;
• The philosophy on when to settle and when to litigate and best strategies for avoiding problems especially those not covered by insurance; and • A full understanding of applicable laws or regulations that relate to the City.
2. Ability of the Law Firm to Carry Out and Manage the Proposed Project.
An assessment of the experience of the law firm in general. Qualities and indicators that will receive consideration include the number and types of clients and projects the law firm or its employees have completed; the variety of projects completed and a demonstration of the law firm’s ability to undertake this project; the general level of experience in the areas of supervision, observing and monitoring projects; the law 104
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firm’s ability to realize timetables and quality control objectives; and the demonstrated general ability to bring about a successful completion of the projects under the proposer’s direction.
3. Capabilities of the Law Firm.
Assessment of the capabilities of the organization and individuals that will be engaged in the project. Qualities and indicators that will receive consideration include the individual professionals who will be working on each task; the various professional, technical, and educational achievements and registration/licenses of the law firm and individuals involved; the applicable experience of the proposed assigned staff; and the specific experience gained on similar projects.
4. Current Workload of the Law Firm.
An assessment of the perceived ability of the law firm to devote the necessary human resources and management attention to the work. Qualities and indicators that will receive consideration include the number and size of other clients and projects presently being performed by the law firm and the assigned staff; the status of existing clients or projects; the past ability of the law firm to deliver projects on a timely basis; and the nature of the existing projects that are behind schedule or past the completion date.
5. The Proposer and/or Team’s Proximity to the City.
An assessment of the geographic proximity to the City; the location of the office from which the City Attorney will be based; the perceived response time and general availability of the proposer’s management to be on site; the perceived effect that the law firm’s location will have on price and the ability of the law firm to provide services in a timely manner; and the availability of special travel or communication plans which would effectively mitigate any difficulties associated with location.
6. Willingness to Comply with the Proposed Agreement Terms.
A sample agreement is attached. Proposals will be rated based on the exceptions taken to the proposed agreement.
7. Cost of Proposal.
Cost, while not determinative, may be considered in the selection process.
PROPOSAL DUE DATE, DELIVERY AND AWARD
Proposed Selection and Project Schedule.
RFP Release Date: September 5, 2018
Proposal Due Date: October 19, 2018
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Ad Hoc Committee Review: By November 2, 2018
Selection Interviews: November 14, 2018
Award of Agreement: Special Meeting November 29, 2018
Agreement Start Date: March 1, 2019
Delivery.
Law firms or individuals interested in submitting proposals for City Attorney shall submit:
• One (1) flash drive or disk;
• One (1) original hard cover-bound proposal marked "ORIGINAL"; and • Eight (8) hard-cover bound copies, (marked copy)
on or before the Submittal Deadline of the proposal, with a proposed contractual agreement, in a sealed envelope bearing the caption "City of Benicia - City Attorney Proposal."
The proposals shall be delivered no later than:
4:00 p.m. October 19, 2018
to the address below. All copies received by that time will be date and time stamped. Proposals will not be accepted after this time. Proposals should be addressed to:
Heather Mc Laughlin, City Attorney
City Attorney
250 East L Street
Benicia, CA 94510
Faxed, PDF/scanned, emailed proposals will not be accepted. Hand carried proposals will be accepted at the above address.
Award of Contract.
It is anticipated that any award of an agreement for services will be made by the City Council at a special meeting on November 29, 2018.
CONDITIONS OF REQUEST
General Conditions.
The City reserves the right to cancel or reject all or a portion or portions of the Request for Proposal without notice. Further, the City makes no representations that any agreement will be awarded to any organization submitting a proposal. The City reserves the right to reject any and all proposals submitted in response to this request or any addenda thereto.
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The City also reserves the right to reject any sub-consultant or individual working on a consultant team and to replace the sub-consultant or individual with a mutually acceptable replacement.
Any changes to the proposal requirements will be made by written addendum.
Liability of Costs and Responsibility.
The City shall not be liable for any costs incurred in response to this Request for Proposal. All costs shall be borne by the person or organization responding to the request. The person or organization responding to the request shall hold the City harmless from any and all liability, claim or expense whatsoever incurred by or on behalf of that person or organization. All submitted material becomes the property of the City of Benicia.
The law firm will be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. The law firm and the person identified as the City Attorney will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
Public Nature of Proposal Material.
Responses to this Request for Proposal become the exclusive property of the City. At such times as a formal recommendation to award an agreement to one of the proposers is made to the City Council, all submittals received in response to this Request for Proposal become a matter of public record and shall be regarded as public records, with the exception of those elements in each submittal which are defined by the proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the California Public Records Act. Any submittal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary,” shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City will provide the proposer who submitted the information with reasonable notice to allow the proposer to seek protection from disclosure by a court of competent jurisdiction.
Validity.
The proposer agrees to be bound by its proposal for a period of ninety (90) days commencing from the date proposals are due, during which time the City may request clarification or correction of the proposal for the purpose of evaluation. Amendments or clarifications shall not affect the remainder of the proposal, but only the portion so amended or clarified.
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Standard Agreement.
A sample agreement has been provided as Appendix B for the proposer’s review and comment.
If a proposer wishes to take exception to any of the terms and conditions contained in the consultant agreement, these should be identified specifically; otherwise, it will be assumed that the proposer is willing to enter into the agreement as it is written. Failure to identify contractual issues of dispute can later be the basis for the City disqualifying a proposer. Any exceptions to terms, conditions, or other requirements must be clearly stated. Otherwise, the City will consider that all items offered are in strict compliance with the RFP, and the successful proposer will be responsible for compliance. The City will consider such exceptions as part of the evaluation process, which may constitute grounds for rejection of the proposal. The agreement will not be executed by the City without first being signed by the proposer.
Permits and Licenses.
Proposer, and all of proposer’s sub-consultants, at its and/or their sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, which will be required in connection with the performance of services hereunder.
Oral and Written Explanations.
The City will not be bound by oral explanations or instructions given at any time during the review process or after the award. Oral explanations given during the review process and after award become binding only when confirmed in writing by an authorized City official. Written responses to question(s) asked by one proposer will be provided to all proposers who received this Request for Proposal.
Proposer’s Representative.
The person signing the proposal must be a legal representative of the firm authorized to bind the firm to an agreement in the event of the award.
Insurance.
General liability, automobile, professional liability, and worker’s compensation insurance are required in the amount set forth in Appendix C “Summary of Indemnity and Insurance Requirements”.
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AVAILABILITY OF DOCUMENTS
Copies of the most recent year end statistics for the City Attorney’s office are available on the City Attorney’s webpage at www.ci.benicia.ca.us under the Legal Aid section and then reference material.
Appendices:
A. Major Work Tasks
B. Standard Contract
C. Summary of Indemnity and Insurance Requirements
D. Certification of Proposal
E. Business Information Form
F. Cost Proposal Form
G. Worksheet Retainer Services
H. Worksheet Other Services
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Appendix A: Scope of Work
The City Attorney is appointed by and reports to the City Council. The City Attorney is the chief legal counsel for the City of Benicia and, as such, is responsible for advising on all legal matters. The primary responsibilities the City will require of its City Attorney shall include, but not be limited to, the following:
• Represent and provide legal advice and consultation on a daily basis to the City Council, City Manager and City Staff as requested or required.
Contacts are usually made by email or telephone and same-day response is typically expected.
• Attend at least two to three regular City Council meetings per month and be prepared to advise the Council on matters on the agenda as well as procedural or substantive issues that arise during the meeting.
Attendance at monthly Planning Commission is required and attendance at Open Government Commission meetings. Attendance Civil Service Commission or other City meetings as required when requested.
• Coordinate and manage the services and costs of all outside legal counsel within budgetary limits as approved by the City Council.
• Recommend policies and procedures that comply with the requirements of the law.
• Keep the City Council informed of legislation or judicial opinions that have potential impact to the City.
• Prepare, review and revise staff documents, including, but not limited to, initiation of memorandums concerning legal issues, contracts, agreements, ordinances, resolutions, land use decisions on appeal, and staff reports for the legal support of City functions and duties.
• Provide staff assistance, legal research and counseling related to the acquisition or sale of property, preparation of leases, deeds and easements, agreements, utility franchise agreements, operations governed by law, liability situations, grant guidelines, pension law, personnel, employee relations and other matters as necessary requiring legal advice.
• Interpret the City’s Municipal Code and prosecute misdemeanor and ordinance infractions as necessary.
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• Provide guidance concerning the requirements of the Brown Act, Conflict of Interest (AB 1234), the Political Reform Act, the Public Records Act, due process and other legal requirements imposed by statute and common law.
• Represent the City in litigation not covered by the City’s self-insured risk pools.
• Provide legal advice and assistance to operating departments, assist in notice of disciplinary actions and provide advisory service to the personnel.
• Research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the City Council and management staff on legal matters pertaining to City operations.
• Represent the City before other governmental bodies and agencies to promote the interest of the City.
• Oversee coordination with special legal counsel on all City litigation as directed by the City Council and/or City Manager.
• Maintain legal files and provide the Legal Technician copies of pertinent pleadings and orders in all litigation the City Attorney is handling for the City.
• Perform other legal duties as may be required by the City Council as may be necessary to complete the performance and functions mentioned above.
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Appendix B: Proposed Agreement
ATTORNEY SERVICES AGREEMENT
THIS AGREEMENT, by and between the City of Benicia, a municipal corporation herein referred to as "City," and___________, an LLC. engaged in the practice of law in the State of California, herein called "Law Firm."
WHEREAS, the City desires to engage Law Firm to perform the duties of the office of the City Attorney;
WHEREAS, the city attorney of the City of Benicia is the chief legal advisor and litigator for the City and is charged with the responsibility of protecting the interest of the City, its directors, officers, employees and agents in any litigation initiated by or against the City, its Council, officers, employees and agents as provided for by California law and the ordinances of the City; and
WHEREAS, Law Firm certifies that its attorneys and staff have the skills, qualifications, ability, background, certifications, licenses, knowledge and experience necessary to provide city attorney services on the terms and conditions described herein.
WITNESSETH:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.0 Scope of Services.
Law Firm is to perform the duties of City Attorney and to provide all necessary legal services as may be required from time to time by City as set forth in Exhibit A which is attached hereto and incorporated herein by reference. Law Firm shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction and supervision of the City Council. Law Firm shall coordinate services hereunder with the City Council or its delegee and that all performances required hereunder by Law Firm shall be performed to the satisfaction of the City Council. Nothing in this agreement shall limit City's authority pursuant to California Government Code section 36505 to appoint a different city attorney. Nor shall this agreement limit City's authority under California Government Code section 53060 to contract with any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters.
2.0 Time of Performance.
The services of Law Firm are to commence upon March 1, 2019 and shall continue until this Agreement is amended or terminated. Work shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
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3.0 Compensation, Reimbursement and Methods of Payments.
3.1 Compensation to be paid to Law Firm shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. The schedule of charges shall set forth how long the prices are valid.
3.2 Unless otherwise agreed, Law Firm shall provide monthly bills unless charges for a particular month are insignificant. The following information must be provided in monthly bills:
A. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. Law Firm shall keep the City advised regarding the identity and the billing rates of those people who work on the account. General information sufficient to identify the work being done shall be provided if services are provided on a fixed cost basis.
B. Identification of the lawyer who is in charge of the matter.
C. Detailed disbursement breakdowns, including the nature and purpose of each disbursement.
D. Each billing item will be separately stated on a separate line identifying the biller, the time spent, and the exact nature of the service rendered.
E. Where charges are made for research time, the specific issue being researched, and the need will be identified. City has retained Law Firm for Law Firm’s expertise, and therefore expects not to be billed for introductory or background research. The City will not pay for attorneys, law clerks and paralegals educating themselves or doing work of a transient nature on the case.
4.0 Engagement of Other Counsel, Specialists or Experts.
Law Firm will not engage or otherwise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without the prior written approval of the City Council or City Manager.
5.0 Termination of Agreement and Legal Services.
This Agreement may be terminated by the City immediately with or without cause. Law Firm may terminate the agreement upon thirty (30) days' written notice of termination.
In such event, all finished or unfinished documents, project data and reports, both originals and all duplicate copies, in all forms and media requested by the City, shall immediately be turned over to the possession of City, which owns all such materials. In the 113
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event of such termination, Law Firm shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adjusted in the City's sole discretion in light of the particular facts and circumstances involved in such termination.
6.0 Performance Review.
City and Law Firm agree that periodic performance evaluations are an important means by which the City Council and Law Firm may ensure effective communication regarding expectations and performance. During the first year of the Term of this Agreement, the City Council shall conduct a six-month performance evaluation in September 2019. Thereafter, City shall annually review the performance of Law Firm every March; provided, however, a mid-term performance evaluation shall be conducted upon the request of either party. The performance evaluation shall be subject to a process, form, criteria, and format to be determined by the City Council with input from Law Firm, which the City Council may choose to accept or reject.
Nothing herein shall prevent the City Council from conducting a performance evaluation of Law Firm as often as it deems necessary under the circumstances.
7.0 Ownership/Retention of Documents, Books and Records.
7.1 All writings prepared by Law Firm in the course of implementing this Agreement, except working notepads, preliminary draft and internal firm documents, are the property of the City.
7.2 Law Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of payment to Law Firm under this Agreement.
7.3 Law Firm shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination of this Agreement.
7.4 Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit by the City Manager, City Auditor or designated City Councilmember(s), at any time during regular business hours, upon written request by the City Council. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Law Firm’s address indicated for receipt of notices in this Agreement. Nothing herein shall require or permit the release or inspection of any privileged document without the express written waiver of such privilege by the City Council.
7.5 Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Law Firm's business, City may, by written request by any of the above-named officers, require that custody of the records 114
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be given to the City and that the records and documents be maintained at City Hall.
8.0 Interest of Members of Local Public Agency.
No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
9.0 Adverse Interest of Counsel.
Law Firm agrees to secure the informed written consent of the City Council before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego such representation if the City Council, in its sole discretion, objects for any reason.
10.0 Conflict of Interest.
Law Firm certifies that no member, officer or employee of the Law Firm is an officer or employee of the City of Benicia except to the extent permitted by law.
Law Firm (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Law Firm's services hereunder. Law Firm further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
11.0 Prohibited Interests.
Law Firm maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Law Firm, to solicit or secure this Agreement. Further, Law Firm warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Law Firm, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
12.0 Professional Ability of Law Firm.
City has relied upon the professional training and ability of Law Firm to perform the services hereunder as a material inducement to enter into this Agreement. Law Firm shall 115
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therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Law Firm under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Law Firm's field of expertise.
13.0 Compliance with Laws.
Law Firm shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. Law Firm represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Law Firm to practice its profession. Law Firm represents and warrants to City that Law Firm shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Law Firm to practice its profession, including a City Business License.
14.0 Indemnity.
Law Firm agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15.0 Assignment and Subcontracting.
The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Law Firm. Law Firm shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Law Firm under this Agreement will be permitted only with the express consent of the City Council. Law Firm shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Law Firm shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
16.0 Authority to Enter Agreement.
Law Firm has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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17.0 Choice of Forum.
The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Benicia and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Solano at a place to be determined by the rules of the forum.
18.0 Insurance.
Law Firm shall procure and maintain, at its sole cost and expense, comprehensive general liability and property insurance, including automobile and excess liability insurance, and professional liability insurance against all claims for injuries against persons or damages to property resulting from Law Firm’s negligent acts or omissions arising out of or related to Law Firm’s performance under this agreement. The coverages and minimum limits are set forth in Exhibit B.
19.0 Notice.
Written communications and invoices under this agreement shall be addressed as follows:
If to CITY: City Clerk
City of Benicia
250 East L Street
Benicia, CA 94510
If to LAW FIRM:
20.0 Nondiscrimination.
Law Firm shall not discriminate in the conduct of the work under this Agreement against any employee, applicant for employment, or volunteer on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, sex , age, sexual orientation or other prohibited basis will not be tolerated.
Consistent with City’s policy that harassment and discrimination are unacceptable employer/employee conduct, Law Firm agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Law Firm or Law Firm’s employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, sex, age, sexual orientation or other prohibited basis will not be tolerated. Law Firm agrees that any and all violation of this provision shall constitute a material breach of the Agreement.
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21.0 Independent Contractor.
In the performance of the services in this Agreement, Law Firm is an independent contractor and is not an agent or employee of City. Law Firm, its officers, employees, agents, and subcontractors, if any, shall have no power to bind or commit City to any decision or course of action, and shall not represent to any person or business that they have such power. Law Firm has and shall retain the right to exercise full control of the supervision of the services and over the employment, direction, compensation, and discharge of all persons assisting Law Firm in the performance of said service hereunder. Law Firm shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding, workers’ compensation insurance, and all other regulations governing such matters.
22.0 Amendment.
Except as otherwise stated herein, any and all obligations of City and Law Firm are fully set forth and described in this Agreement. Any changes in this Agreement, including any increase or decrease in the amount of compensation or any change in the term, which shall be mutually agreed upon by and between City and Law Firm, shall be set forth in written amendments to this Agreement. Amendments to this Agreement shall be executed by the Mayor.
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IN WITNESS WHEREOF, the City and Law Firm agree as set forth hereinabove as of the date last set forth below.
INSERT LAW FIRM
By: _____________________________
Name, Position
CITY OF BENICIA
By: _____________________________
Elizabeth Patterson, Mayor
Dated: ___________________________
Dated: ___________________________
ATTEST:
By: _____________________________
Lisa Wolfe, City Clerk
Exhibit A: Scope of Services
Exhibit B: Insurance
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Appendix C: Summary of Indemnity and Insurance Requirements for Non- Design Professionals
Please provide a copy of these indemnity and insurance requirements to your insurance broker or insurer to confirm compliance
INDEMNIFICATION
(a) Law Firm agrees to indemnify, release, defend and hold harmless the City, its officers, agents and employees ("indemnitees") from and against any and all claims, demands, losses, defense costs or liability of any kind or nature which indemnitees may sustain or incur or which may be imposed upon them for injuries to or death of persons, or damage or injury to property as a result of, arising out of, or in any manner connected with Law Firm’s performance under the terms of this Agreement. Law Firm or any approved Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of the Agreement are undertaken in addition to, and shall not be in any way be limited by, the insurance obligations contained in this Agreement.
(b) Further, Law Firm will indemnify City, and hold it harmless, from an assertion that as a result of providing services to City, Law Firm or any of its employees or persons performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employees Retirement Systems.
Notwithstanding the foregoing, however, Law Firm’s obligations for any payments to such claimant shall be limited to those payments which City may be required to pay.
INSURANCE
(a) Without limiting Law Firm’s indemnification, it is agreed that Law Firm shall maintain in force at all times during the performance of this contract, the following types of insurance providing coverage on an "occurrence" basis. Said insurance shall name the City, its officers, agents and employees as additional insureds. Evidence of said insurance shall be delivered to City at the same time Law Firm signs this Agreement in certificate forms acceptable to the City.
☒ Commercial general liability and property damage insurance. Coverage: at least $1,000,000 per occurrence. If commercial general liability insurance or other form with a general aggregate limit shall apply separately to this Project/location, the general aggregate limit shall be at least twice the required occurrence limit.
☒ Automobile insurance for the vehicle(s) Law Firm uses in connection with the performance of this Agreement. Coverage: at least $1,000,000 per occurrence for bodily injury and property damage.
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☒ Worker’s Compensation insurance to cover its employees as required by the Labor Code of the State of California. Law Firm’s worker’s compensation insurance shall include the following language: “All rights of subrogation are hereby waived against the City, its officers and employees when acting within the scope of their appointment or employment.” In the event any class of employees engaged in hazardous work under this Contract is not protected under Workers’ Compensation Statutes, the Law Firm shall provide adequate and suitable insurance for the protection of its employees not otherwise protected.
☒ Errors and Omissions insurance. Coverage: at least $2,000,000 each occurrence, at least $2,000,000 policy aggregate.
(1) The limits of insurance required in the contract may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(2) It shall be a requirement under this contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the broader coverage and maximum limits specified in this contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.
(3) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents.
(4) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(5) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty days written notice has been received by the City.
(b) Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) The City of Benicia, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Law Firm, including materials, parts or equipment furnished in connection with such work or operations.
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(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. The Additional Insured coverage shall be at least as broad as CG 20 01 04
13. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(c) In the event Law Firm desires to hire or employ any other company or person to perform any part of the services contemplated herein, the written approval therefore must be first obtained from the City.
The City may withhold such approval for any reason. If approval is given by the City, Law Firm shall secure and provide City evidence securing said Worker's Compensation insurance covering said approved employee(s) in statutory amounts and providing 30 days' advance notice to City in the event said policy is canceled.
(1) Should the City approve the hiring or employment of another company or person as a Subcontractor, Law Firm agrees to include with all subcontractors in the subcontract the same requirements and provisions of this contract including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by the Law Firm agree to be bound to Law Firm and the City in the same manner and to the same extent as Law Firm is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any subcontractor. A copy of the City’s Contract Document indemnity and insurance provisions will be furnished to the Subcontractor upon request. The Law Firm shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to the commencement of any work and will provide proof of compliance to the City.
(2) Any approved Subcontractor agrees to be bound to the Law Firm and City in the same manner and the same extent as Law Firm is bound to the City under the Contract Documents.
Subcontractor further agrees to include the same requirements and provisions of this Contract, including the indemnity and insurance requirements, with any City approved subcontractor to the extent they apply to the scope of subcontractor’s work.
(d) Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to the City’s Risk Management for approval and shall not reduce the limits of liability. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insurance retention as respects the City, its officers, officials, agents, employees and volunteers; or Law Firm shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Policies containing any self- insured (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City. The City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
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Appendix D: Certification of Proposal
• The undersigned hereby submits its proposal and, by so doing, agrees to furnish services to the City in accordance with this Request for Proposal and to be bound by the terms and conditions of the RFP.
• This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is solely responsible for such errors or omissions.
• It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informal or irregularity in any proposal received by the City.
• The proposal includes all components, figures and dates required by this Request for Proposal.
• This firm has carefully read and fully understands all of the items contained in this Request for Proposals. This firm agrees to all of the requirements of the RFP.
• The City is not responsible for any cost associated with preparing the Proposal.
Date: _________________________________________________________________________ Name of Firm: _________________________________________________________________________ Authorized Signature: __________________________________________________________________________ Print/Type Name: __________________________________________________________________________ Title: __________________________________________________________________________ Address: __________________________________________________________________________ Telephone: __________________________________________________________________________ Fax: __________________________________________________________________________ Email: __________________________________________________________________________ __________________________________________________________________________
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Appendix E: Business Information Form
Business Contact Information:
Name of Firm:
Address:
City/State/Zip Code:
Telephone:
Fax:
Email:
Website:
Federal Tax Number:
Number of Years in Business:
Number of Employees:
Does the firm/business maintain amounts of insurance specified by the City? Yes No Are there any claims that are pending against any insurance policies? Yes No If yes, describe:
Has the firm/business been in bankruptcy, reorganization, or receivership in the last five (5) years? Yes No Hs the firm been in business for at least five (5) years? Has the proposed designated City Attorney practiced municipal law a minimum of ten (10) years? Yes No Is each of the proposed attorneys accredited and in good standing with the State Bar of California? Yes No Business Classification: Corporation Partnership Individual If a Corporation:
Date of Incorporation:
State of Incorporation:
President’s Name:
If a Partnership:
Date of Organization:
Name of all Partners: __________________________________________________ __________________________________________________
__________________________________________________
_
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Appendix F: Cost of Proposal Form
Proposer
Name of Firm:
Address:
Name of Contact:
Phone Number:
Email Address:
Hourly Rates (no retainer)
Estimated average hours per month: Hourly Rate: $
Total cost for services per month:
$
Monthly Retainer
Estimated average hours per month: Hourly Rate: $
Total cost for services included in monthly retainer:
$
Add-On Hours Outside of Monthly Retainer:
List of Personnel
Hourly Rates
1. $
2. $
3. $
Reimbursable and/or Other Costs:
Please define the types and unit rates for expenses (i.e. mileage, reproduction of documents, faxed documents, processing charges, etc.) if any:
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Appendix G: Cost of Proposal Worksheet:
Monthly Retainer Fee Services – no limitation on hours
Services
Provided by Firm Included in Retainer Title of Person
Performing Service Yes No Yes No
1. Attendance at regular meetings of City Council and
Planning Commission.
2. Telephone consultation and e-mails with Executive
Team, City Manager and City Council.
3. Review of every agenda item prior to its review by
City Manager and inclusion on agenda.
4. Review and approve Minutes of City Council and
Planning Commission meetings.
5. Review agendas for all City meetings (City Council,
Planning Commission).
6. Review public hearing notices.
7. Review Planning Commission staff reports.
8. Review all tort claims received by City and provide
direction in coordination with PLAN/York
representatives.
9. Review and approve Risk Management and
Administrative Policies.
10. Review and approve Requests for Proposals for
various City projects.
11. Review and approve destruction of documents per the Council approved retention schedule.
12. Review all public records requests as they come in.
Review responsive documents where a determination
as to public record and or privilege needs to be made.
13. Review all contracts with third party providers and other agencies.
14. Prepare resolutions and ordinances of a routine
nature.
15. Provide annual training on topics such as Open
Government, AB 1234 and AB 1825.
16. Review and approve public records request and
records destruction requests.
17. Correspondence as necessary.
18. Advise on strategy and anticipation of issues.
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Appendix H: Cost of Proposal Worksheet: Other Services
Services
Provided by Firm Included in Retainer Title of Person
Performing Service Yes No Yes No
1. Attendance at and advice to other Boards
and Commissions.
2. Litigation – cases not covered by PLAN. Monitor and
strategize with outside counsel in litigation and
personnel/labor matters.
3. Respond to Pitchess motions seeking Police
personnel records.
4. Attendance at special City Council and Planning
Commission meetings. Attendance at Closed
Sessions.
5. Work on major issues such as affordable housing,
subdivision and sign ordinance updates, the Arsenal, the Port and district elections.
6. Work on economic development incentive
arrangements with developers. Exclusive
Negotiating Agreements, Disposition and
Development Agreements, Developer
Agreements, etc.
7. Open Government- Farmers Market Support, Candidates
Forum
8. Legal services for Code Enforcement. Consultation
with staff, correspondence, meetings, preparation of
complaints, court appearances as necessary.
9. Review of plans, specifications and proposed
construction agreements for CIP projects.
10. Review of CC&Rs for approved projects.
11. Work on major projects for which City receives a
deposit and charges staff and consultant time to the
projects—example: hotels.
12. Collections for damage to city property.
13. Legal services for labor negotiations and personnel matters.
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1 CITY OF CLEARLAKE
REQUEST FOR PROPOSALS
CITY ATTORNEY SERVICES
APRIL 2014
128
2 Table of Contents
I. GENERAL INFORMATION .............................................................................................. 3 A. Introduction ............................................................................................................ 3
B. City of Clearlake ................................................................................................... 3 C. Proposed Time Schedule ...................................................................................... 4 D. Submittal Guidelines & Deadline ................................ ................................ ... 4
II. SCOPE OF SERVICES .................................................................................................... 6 Ill. PROPOSAL FORM AND CONTENT ........................................................................... 7 A. Proposal Submittal .................................................................................................. 7
B. Letter of Transmittal ................................................................................................... 7 D. Summary ............................................................................................................... 7 E. Statement of Understanding ............................................................................................ 8 F. Background and Experience ................................................................................... 8 G. Approach to Legal Services ................................................................................... 9 H. Proposed Attorney(s) ................................................................................... 10 I. References and Potential Conflicts of Interest ..................................................... 10 J. Compensation and Reimbursement ..................................................................... 11 K. Agreement ................................................................................................................ 11 L. Non-Collusion Affidavit ............................................................................................ 12 M. Additional Information .......................................................................................... 12 IV. REVIEW AND SELECTION PROCESS ...................................................................... 12
A. Process ................................................................................................................ 12 B. Evaluation Criteria ............................................................................................... 13 V. DISPUTES/PROTESTS................................................................................................. 13 129
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I. GENERAL INFORMATION
A. Introduction
The City Council of the City of Clearlake (City) invites interested firms and attorneys to submit written proposals to provide City Attorney services. The City Attorney is selected by and serves at the pleasure of the City Council and works closely with the Council, City Manager and other City staff. As City Attorney, the selected law firm or attorney will be expected to provide a wide range of legal services to the City. The City is considering a contract with a five (5) year term. Upon mutual written agreement of the parties, the contract may be extended for three (3) additional two-year terms. Successful past performance during the initial contract period will be a critical factor in any decision to grant an extension.
B. City of Clearlake
The city of Clearlake was incorporated in 1980 as a General Law city and operates as a Council/City Manager form of government with five councilmembers elected at large. Sitting on the south end of Clear Lake, the city encompasses 10.5 square miles and has a current population of 15,192. Clear Lake is the largest in-land body of water in the state offering boundless recreational opportunities. As one of two incorporated cities in Lake County, the city enjoys a rural, informal lifestyle yet is conveniently located to the Bay Area, the Sierra Nevada and Pacific Coast.
The city provides a range of municipal services that include: administration, planning, building inspection, engineering, public works and finance. The Lake County Fire Protection District provides fire services. Water and sewer services are provided by independent special districts.
Additional information about the City of Clearlake is available at www.clearlake.ca.us
C. Proposed Time Schedule
RFP Distributed
Proposal Submittal Deadline
Ad Hoc Committee Review
City Council Interview with Finalists
Award of Contract
Contract Effective Date
April 28, 2014
May 15, 2014 by 5:00p.m.
May 19 – May 22, 2014
Week of May 29, 2014
June 12, 2014
June 17, 2014
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The City reserves the right to modify any of the dates in the Proposed Time Schedule as deemed necessary.
D. Submittal Guidelines & Deadline
Firms or attorneys interested in submitting proposals for City Attorney shall submit one (1) original unbound proposal marked "ORIGINAL", eight (8) bound copies (marked "COPY"), and one electronic version in PDF format on CD or flash/zip drive on or before the Submittal Deadline of the proposal, with a proposed contractual agreement, in a sealed envelope bearing the caption "City of Clearlake- City Attorney Proposal' and "DO NOT OPEN WITH REGULAR MAIL." The Letter of Transmittal portion of the proposal must bear original signature(s). The envelope shall be addressed to:
Joan Phillipe, City Manager
City of Clearlake
14050 Olympic Drive, Clearlake, CA 95422
Proposals must be delivered no later than 5:00pm on Thursday May 15, 2014.
Proposer is solely responsible for ensuring its proposal is received by the City in accordance with all proposal requirements. The City shall not be responsible for any delays in mail/common carrier service or by other transmission errors or mistaken delivery.
The City reserves the right to postpone the submittal deadline and opening of proposals any time before the date and time announced in the Request for Proposals or subsequent addenda. The City may also cancel this solicitation at any time.
Proposals will not be opened publicly and the City will endeavor to keep the proposals confidential until a preferred service provider is identified by the City Council for final consideration. The original copy of each proposal will be retained and will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law.
The City reserves the right to reject any or all proposals, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interests of the City as determined by the City Council. The City may modify, clarify, or interpret the RFP by sending an addendum to each firm or attorney that originally received the RFP. Any such addendum shall become part of the RFP and of any contract awarded. The City is not responsible for any other explanation or interpretation. The Proposer may make modifications to a proposal already submitted to the City, but must submit a written request to withdraw its proposal to make the modifications. It is the responsibility of the Proposer to ensure that modified proposals are resubmitted before the submittal deadline and in accordance with all proposal requirements. 131
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Proposers may withdraw their proposal by submitting a written request or e-mail to Joan Phillipe, City Manager, [email protected] no later than 5:00pm on Thursday, May 15, 2014.
The City is not liable for any costs incurred by the Proposer before entering into a formal contract. Costs for developing the proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.
The City requires all Proposers to comply with all applicable federal and state laws including but not limited to equal employment opportunity. Contracts are open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation.
The firm/attorney selected to provide City Attorney services shall be an independent contractor . All persons employed by a firm in accordance with a contract resulting from this RFP will be employees of the firm and not employees of the City.
Pre-submittal questions about the RFP and City's current legal services will be accepted until 5:00pm on Tuesday, May 13, 2014. Responses to all questions will be confidentially emailed to all firms and attorneys sent a proposal or others who have responded to the RFP as of the date any such questions are received. Written questions are to be submitted to Joan Phillipe, City Manager, at [email protected] or may be made by telephone at 707-994-8201 x 120.
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6 II. SCOPE OF SERVICES
The successful Proposer will be expected to provide the following services, including, but not limited to:
1. Attend and represent the City's legal interests at all City Council meetings (including Closed and Study Sessions), Planning and other meetings of the Planning Commission and other Commissions and Committees on an as needed basis specified by the City.
Regular City Council meetings are held the second and fourth Thursday of each month, beginning typically at 6:00. Closed Sessions are held before the regular meetings and generally begin at 5:30.
2. Provide legal opinions, advice, assistance and consultation to the City Council, City Manager and City staff related to municipal law issues, including, but not limited to, the Brown Act, the Public Records Act, election law, contracts and franchises, personnel issues, including law enforcement personnel issues, real estate and property transactions, land use, environmental law/CEQA, public improvements/capital projects, code enforcement, pending and current state and federal legislation and court decisions, tort liability and risk management, fees, taxes, assessments, former Redevelopment Agency dissolution and other matters as directed.
3. Provide such routine legal opinions, advice, assistance and consultation to the City Council, City Manager and City staff in written or oral form via personal consultations or telephone/e-mail correspondence as needed.
4. Review, approve and/or prepare legal opinions, staff reports, ordinances, resolutions, agreements, contracts, forms, notices, certificates, deeds, leases/licenses, and other documents required by the City.
5. Represent the City in civil litigation brought on behalf of or against the City, as necessary and directed by the City Council.
6. Maintain effective in-house capabilities required to provide additional expertise and advice to the City as necessary.
7. Provide training and/or advice to the City Council, appointed Commissioners and City staff related to the Brown Act, AB 1234, and conflict of interest, Political Reform Act, meeting parliamentary procedures, and other legal requirements imposed by statute.
8. Act as legal counsel to agencies the City Council serves as governing body to, including the Housing Authority, Successor Agency to the former Redevelopment Agency and Public Financing Authority.
9. Provide written updates to new state or federal legislation or judicial decisions and suggest action or procedures to ensure compliance. 133
7 10. Perform all duties of the City Attorney as provided in the Clearlake Municipal Code.
In addition to the more technical scope of work outlined above, the appointed City Attorney must understand his/her role in local government, avoiding political debates and active participation in the policy and managerial decision-making process entrusted to the City Council and City Manager. The City Attorney is expected to provide technically sound and consistent legal advice to all members of the City Council and City staff while maintaining trust and an unwavering ethical standard no matter the situation or individuals involved.
Ill. PROPOSAL FORM AND CONTENT
A. Proposal Submittal
The proposal shall be organized in accordance with the list of proposal contents outlined in the following sections (Section Ill., B-L) and must provide succinct and specific responses to all questions and requests for information. The pages of the proposal must be numbered consecutively.
Proposals and the fee proposal must be valid and binding for 120 days following the proposal due date and may become part of the agreement with the City.
B. Letter of Transmittal
Proposal shall include a transmittal letter signed by a duly authorized representative of the firm/attorney and must include the name, address, telephone number, and e-mail address of the Proposer and those (if necessary) for the person or persons authorized to represent the Proposer and to whom any correspondence should be directed. The letter must state that the proposal and fee schedule are valid and binding for 120 days.
C. Table of Contents
Include a clear identification of the submitted material by section and by page number.
D. Summary
Introduce and summarize the key provisions of the proposal. Provide a statement describing why the Proposer is qualified to perform this work, and include the names of the individuals who would serve as the City Attorney and Assistant City Attorney. Please describe your firm’s qualifications for providing City legal services. Include in your response the overall capabilities, qualifications, training, and areas of expertise for each of the partners/principals and associates that may be assigned to work with the City, including but not limited to:
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8 • Name of individual(s) with resumes;
• Length of employment with firm;
• Specialization;
• Legal training;
• Scholastic honors and professional affiliations;
• Date of admittance to California Bar;
• Years of practice;
• Municipal or other local public sector experience (include billing summaries for the past five years if appropriate);
• Knowledge of, and experience with California Municipal Law • Years and statement of other types of clientele represented; • Litigation experience and track record;
• Knowledge and use of Alternative Dispute Resolution (ADR) techniques; ADR training and experience; and success record of advocacy in mediation and arbitrations;
• Knowledge and practice of law relating to land use and planning, CEQA, NEPA, general plans, real estate, environmental issues, hazardous waste and other related law;
• Experience in the area of personnel, workers’ compensation, general liability and employee relations;
• Experience in the area of contracts and franchises;
• Experience in the preparation and review of ordinances and resolutions; • Experience in the area of the Public Records Act, the Brown Act, and the Elections Code;
• If the firm, or any of the attorneys employed by the firm, have ever been successfully sued for malpractice, been the subject of complaints filed with the State Bar, or had discipline imposed by the State Bar, please provide information on the nature of the incident, the dates on which the matter began and was concluded, and the results of the situation.
E. Statement of Understanding
Include a detailed statement of understanding of the legal services to be provided to the City of Clearlake and acknowledge your understanding of the expected role of the City Attorney in the organization.
F. Background and Experience
1. Official name and address and specify the type of entity (partnership, LLC, corporation, etc.).
2. Describe your firm's background and history, including the number of years in business serving municipal clients.
3. Describe the expertise your firm is able to provide the City. If your firm has a recognized area of expertise (i.e. land use, personnel, public finance/bonds, code enforcement, etc.), please identify it. 135
9 4. List the location of office(s), and the business hours of said office(s), that would serve the City.
5. Identify the firm/attorney's support staff services (clerical support, paralegals, and other non-attorney staff).
G. Approach to Legal Services
1. Describe your view of the role of the City Attorney.
2. Describe your method/style of interaction with the City Council, Planning Commissioners, City staff and members of the public at public meetings.
3. How will assignments generated by the City be delegated? Will the City Attorney be primarily responsible for the preparation of all City-related matters, or will work be delegated to less senior staff?
4. Describe how you would proactively advise the City about legal developments or issues of concern.
5. Provide an example of a written communication (not to exceed six (6) pages) to a governing body about a legal issue, in which options are explained and a recommendation is given.
6. Describe your method for tracking and managing legal costs and provide a sample billing statement.
7. Describe your firm's practices for training and professional development to ensure the City Attorney remains current with changing legal matters affecting municipal clients.
8. Please list specialty services you do not provide. For any specialty services the Proposer does not directly provide, describe how you propose the City receive such services.
9. The City contracts for workers’ compensation and general and auto liability coverage through joint powers agreements (JPA) with other public agencies. As a member, the defense counsel for tort claims and worker’s compensation litigation is assigned by the JPA rather than handled by the City Attorney. Currently, the City’s self-insured retention is $50,000 per claim. Please describe your firm’s qualifications for providing the following specific Liability & Workers’ Compensation legal services.
a) Areas of specialty, i.e. workers’ compensation, road design, civil rights violations, employment discrimination, etc.
b) Please attach information regarding your experience in 136
10 defending against workers’ compensation claims. As it pertains to tort liability, please attach information regarding your experience in defending against such claims, the number of cases you have tried to verdict and the general nature of these cases and the results. Please also list your Appellate experience in those areas. Also include your experience in settlement processes, including Alternative Dispute Resolution (ADR) and arbitrations.
H. Proposed Attorney(s)
Name the person whom you propose to designate as the City Attorney and Assistant City Attorney. Provide the following for each designee:
1. Certificates or licenses, including the date of admission to the State Bar of California.
2. Description of education, including names of educational institutions, degrees conferred, and year of each degree.
3. Professional background and membership in professional associations.
4. Experience with and knowledge of the law relating to general law cities.
5. Specific areas of expertise and training.
6. Provide names and qualifications of other attorneys in your firm able to provide legal services in support of the primary attorney(s).
I. References and Potential Conflicts of Interest
1. Provide contact information for three municipal (preferred) or public agency clients for which services have been provided by the designated attorney in the last three years. Please include the contact person's name, title, agency, phone, and email address.
2. List all public clients for whom your firm currently provides legal services.
Identify any foreseeable or potential conflicts of interest that could result from such representation and the manner in which you would propose to resolve such conflicts.
3. For the person designated as City Attorney, list all public clients that person presently represents as City Attorney, Deputy City Attorney, or Assistant City Attorney, along with the meeting dates and times for each governing body.
4. List all private or corporate clients of your firm which may have any foreseeable or potential conflicts of interest that could result from such 137
11 representation and the manner in which you would propose to resolve such conflicts.
5. Identify all situations in the last five years in which your firm represented a public entity and the decision or outcome was adverse to public entities, either in litigation or administrative matters.
6. If the firm, attorney, or any of the attorneys employed by the firm have been sued by cities or other clients for malpractice, been the subject of complaints filed with the State Bar, or had discipline imposed by the State Bar, please provide information on the nature of the incident, the dates on which the matter began and was concluded, and the results.
J. Compensation and Reimbursement
1. Please describe how the firm intends to charge for legal services and provide a fee schedule. Are charges ever shared between clients, and if so, what method is used?
2. If hourly rate billing is proposed, please state the hourly rates for the designated City Attorney and Assistant City Attorney and any other attorneys or paralegals assisting such person in providing services, and provide the fee schedule/hourly rates in a table format.
3. · If an annual retainer is proposed, how many hours per month would be included and what services would be performed as part of the retainer? Describe what occurs when the City requires fewer or more hours of service in a given month. What specific services would not be included in a retainer?
4. Please define any "extra" services such as litigation, and describe if such services will be billed at a different hourly rate or basis.
5. Specify which items, if any, are billed separately and at what rate. Such items might include telephone and fax charges, postage, duplicating/printing, out-of-pocket expenses, and mileage/travel time.
K. Agreement
The successful Proposer is expected to enter into an agreement with the City.
Please provide a proposed form of agreement for the services.
In addition to indemnification and hold harmless language, the agreement shall also include a requirement for general professional liability insurance in an amount not less than $2,000,000 per occurrence and $4,000,000 in aggregate. This policy shall provide coverage to the City for any damages or losses suffered by the City as a result of any error or omission or neglect by the firm or attorney that arises out of the services required by the agreement. The successful agreement shall also include a requirement for automobile liability insurance in an amount not less than 138
12 $1,000,000 per accident. The firm/attorney chosen shall name the City as Additional Insured for all policies. All insurance coverage must be provided by an insurance company with a rating of A-,VII or greater in the latest edition of Best's Insurance Guide that is authorized to do business in the State of California. These policies may not be canceled or materially changed without 30 days' prior written notice to the City.
Proposer must covenant that it presently has no interest and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services requested. Proposer must also certify that to the best of its knowledge, no one who has or will have any financial interest under the agreement is an officer or employee of the City.
L. Non-Collusion Affidavit
All proposals must be accompanied by a signed and notarized Non-Collusion Affidavit (attached to this RFP, see page 15).
M. Additional Information
In this section, provide any other information that the Proposer believes is applicable to the evaluation of the proposal or your qualifications for providing the proposed legal services. You may use this section to address those aspects of your services that distinguish your firm from other firms.
IV. REVIEW AND SELECTION PROCESS
A. Process
A review of all submitted proposals will be conducted by an ad hoc committee composed of two Councilmembers and a select group of City staff led by the City Manager. After a review of proposals, the top candidates will be selected to be interviewed by the City Council. Following the interview process, the firm/attorney deemed best qualified by the Council to perform the City's legal services will be recommended for contract award at a public City Council meeting. The screening committee will recommend anywhere from three to five firms for interviews before the City Council (no new material will be permitted at this time). The entire City Council will participate in the final selection process. The City Attorney designee of the firm shall be the person interviewed by the entire City Council.
The Agreement shall be signed by the selected firm and returned, along with the other required documents, to the City within ten (10) working days of receipt of the Agreement. The period for execution may be changed by mutual agreement of the parties. Agreement is not effective until approved and signed by the appropriate City officials. Any work performed prior to the receipt of the fully executed Agreement shall be at the proposer’s own risk.
The City reserves the right to amend the review and selection process or to reject any and all proposals for any reason deemed appropriate by the City. 139
13 B. Evaluation Criteria
The following (among other attributes at the Council's discretion) shall be considered during the evaluation process:
1. Meets the qualifications identified in the Proposal, provides adequate range of services and support to the City, and demonstrates a depth of expertise and familiarity with all applicable matters of municipal law.
2. Demonstrates sound judgment, integrity, and reliability and maintains a strong reputation in the field of municipal law, as determined by reference and background checks.
3. Overall experience levels of the designated City Attorney and Assistant City Attorney.
4. Ability to meet the workload capacity required by the City and the overall depth of the firm/attorney's in-house resources.
5. Capability to perform legal services promptly and in a manner that permits the City Council and City staff to meet established deadlines.
6. Demonstrates high quality service and the availability required to provide quick responses to the City's legal inquiries that arise on a daily basis.
7. Possesses strong and effective written and oral communication skills.
8. Understands the Council's preferred role of the City Attorney and the values of the Clearlake community.
9. Cost of providing services.
10. Other qualifications or criteria deemed appropriate by the City Council.
V. DISPUTES/PROTEST
The City encourages proposers to resolve issues regarding the project requirements or RFP process through written correspondence and discussions during the period in which clarifying addenda may be issued. The City wishes to foster cooperative relationships and reach a fair agreement in a timely manner.
Proposers filing a protest must do so within five (5) calendar days after Notice of Intent to Award. The protesting proposer shall submit a full and complete written statement detailing the facts in support of the protest. Protests must be sent by certified or registered mail or delivered in person to the City Manager, or his or her designee. The City will provide a decision on the matter. The decision must be in writing and sent by certified or registered mail or delivered in person to the protesting proposer. The decision of the City is final. 140
14 Interpretation of the wording of this document shall be the responsibility of the City, and that interpretation shall be final.
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15 Proposer's Name: _
NON-COLLUSION AFFIDAVIT
REQUEST FOR PROPOSALS FOR CITY ATTORNEY SERVICES
Proposer declares that this proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such proposal is genuine and not collusive or sham; that said proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from submitting a proposal; that said proposer has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the proposal price of said proposer or of any other proposer, or to fix any overhead, profit, or cost element of such proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the Agreement for anyone interested in the proposed Agreement; that all statements contained in such proposal are true, and further, that said proposer has not directly or indirectly submitted his proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said proposer in this general business.
The above Non-Collusion Affidavit is part of the proposal. Signing this proposal on the signature page thereof shall also constitute signature of this Non-Collusion Affid avit . 142
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CITY OF SUISUN CITY
Request for Proposals
CITY ATTORNEY
The City Council invites qualified firms to submit written proposals to provide legal services for the City of Suisun City. The Council is seeking an individual associated with the firm to serve as City Attorney to provide legal services to the City organization.
Suisun City operates under a council -manager form of government and serves a population of 28,000 with approximately 90 full -time staff, a volunteer fire department of upwards of 50 and various part-time and seasonal staff. We have an elected Mayor and four -member Council, as well as an elected City Clerk and City Treasurer. The City Manager and City Attorney are appointed by the Council and serve at-will.
Unique to Suisun City (aside from our volunteer fire department), is that virtually 90% of the City is in the Redevelopment Agency. Despite the challenging economic times, we have a number of economic development projects that are moving forward (i.e., a waterfront hotel, 37,000 square f oot mixed-use downtown project and a contentious Wal -Mart). We have other projects that, ideally, need be reviewed and entitled so that they are positioned to proceed when the economy does turn the corner.
We have a General Fund of roughly $11 million wi th a severely limited tax base (hence the importance of our economic development efforts). Seventy percent of what could reasonably be our sales tax revenue goes to the neighboring City of Fairfield , because of limited retail opportunities locally. As is true with other cities and public entities during this time of uncertainty, especially given the big unknown of how the State will be dealing with its own financial challenges, Suisun City is considering a number of creative ways to meet our service demands with reduced resources. This likewise includes how we manage our legal services.
Submittal Guidelines
Seven bound copies and one complete master of the proposal must be submitted in a sealed envelope bearing the caption: “City of Suisun City – City Attorney Proposal,” and addressed to:
City Clerk’s Office
City of Suisun City
701 Civic Center Boulevard
Suisun City, CA 94585
Proposals may be filed in person at the City Clerk’s office or by mail, but must be received in the City Clerk’s office by 5:00 p.m. on Monday, February 23, 2009. Late proposals or postmarks will not be accepted. All proposals received will be confidential and will be retained by the City of Suisun City.
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The City Council reserves the right to reject all proposals, to reque st additional information concerning any proposals for purposes of clarification, to accept or negotiate any modification to any proposal, following the deadline for receipt of all proposals, and to waive any irregularities, if such would serve the best interest of the City, as determined by the City Council.
All inquiries regarding this Request for Proposals and/or current legal services of the City should be directed to Suzanne Bragdon , City Manager at the above address or by telephone at (707) 421-7303.
Requested Information
PLEASE NOTE: All proposals must provide succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the applicant. (Submissions of individua l resumes are optional and alone will not be considered responsive to any specific question.)
1. Provide a statement of philosophy regarding the practice of municipal law, and the City Attorney’s relationships to the City Council, City Manager, Department He ads, commissions, committees/boards and to the City staff.
2. Please describe the qualifications of your firm for providing legal services to the City of Suisun City, including:
Names of partners, length of employment with the firm, years of practice and relevant municipal or other local public sector experience. List of current California municipalities that your firm serves as City Attorney including dates of service.
List of California municipalities that your firm provided City Attorney services to over the past three years including dates of service.
3. Identify the individual who would be assigned as the City Attorney for Suisun City, and as appropriate, Deputy City Attorney ( i.e., the individual to serve in the absence of the City Attorney). For each, indicate why these individuals have been selected for our team and identify the ir overall capabilities, qualifications, training and areas of expertise including, but not limited to:
Name of individual;
Length of employment with firm;
Specialization;
Legal training;
Scholastic honors and professional affiliations;
Date of admittance to California Bar;
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Years of practice;
Years and statement of other types of clientele represented; Municipal or other local public sector experience;
Knowledge of, and experience wi th California Municipal Law and California Redevelopment Law;
Experience in the area of the Public Records Act, the Brown Act, and the Elections Code;
Knowledge and practice of law relating to land use, planning and California Environmental Quality Act;
Experience in the areas of personnel, workers’ compensation, labor and employee relations;
Litigation experience and track record;
If the firm, or any of the attorneys employed by the firm, have ever had complaints filed with the State Bar, or had discipline imposed by the State Bar, please provide in formation on the nature of the incident, the dates on which the matter began and was concluded, and the results of the situation.
4. Identify associates that would be assigned to support the City Attorney to deal wi th specialized issues in the areas of:
Personnel, labor and employee relations with an emphasis in public safety matters.
Redevelopment including compliance, preparation of complex disposition and development agreements , contract negotiation and preparatio n, and eminent domain matters, among others.
Any other specialized area of import from your experience.
For each of the above, indicate why these individuals have been selected for our team and identify their overall capabilities, qualifications, training and areas of expertise as outlined above in item #2.
5. Identify, operationally, how you propose to provide legal services to the City of Suisun taking into consideration:
Standard time frames for response by the City Attorney to direction and/or inquiry from the City Council/City Manager or City staff.
Method for monthly reporting of status of projects, requests, and litigation. Process for transmittal of requests and other material to the City Attorney. 145
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Format of monthly-itemized statements for all services provided organized by project and fund.
Because of budget constraints, former City Attorneys HAVE NOT attended City Council meetings, Planning Commission meetings or departmental staff meetings – unless a major issue was coming before the Council or Comm ission. Provide your thoughts on these constraints, as well as optional service considerations when providing “cost of service” information. Historically, legal servic es have been provided on a strictly hourly rate basis as opposed to a retainer or “flat fee for basic service” arrangement.
6. Provide information on your professional liability insurance, errors and omissions insurance, and workers compensation insurance coverage.
NOTE: Insurance coverage must be provided by an insurance company (ies) authori zed to do business in the State of California. Certificates must name the City of Suisun City as an “Additional Insured” and provide that contractor’s policy is primary over any insurance carried by the City of Suisun City and that the policy will not be cancelled or materially changed without notice to the City of Suisun City in writing thirty (30) days prior.
The successful firm must agree, if awarded a contract as a result of its proposal, to indemnify and hold harmless the City of Suisun City, its officers, agents, and employees from any and all claims and losses accruing or resulting to persons engaged in the work contemplated by its proposal or to persons who may be injured or damaged by the firm or its agents in the performance of the work. Prior to commencement of any work, those and other provisions will be established contractually.
7. Provide any other relevant information to help assess the qualifications and “fit” of your firm and assigned staff to provide legal services to the City of Suisun City.
Compensation and Reimbursement
Include in the proposal compensation and reimbursement fees for services rendered, including:
1. Litigation
2. Other (specify, i.e., expenses, dues, mileage, etc.)
3. Additional or special services (define)
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4. Basic legal services:
Please describe how the City Attorney and subordinates intend to provide basic legal services for the City (i.e., hourly rate schedule or flat-rate monthly retainer ) and the related costs (i.e., hourly rates, estimated hours per month for estimated mo nthly charges and/or amount of monthly retainer).
If a retainer is proposed, indicate the services that are included within the retainer, such as:
Review and/or preparation of staff reports, ordinances, resolutions, orders, agreements, forms, notices , declarations, certificates, deeds, leases, and other documents required by the City and Agency.
Consultation with the City Council and City staff as needed – rendering of legal advice and opinions (both oral and written) concerning legal matters that aff ect the City including new legislation and court decisions. Research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the Council and management staff on legal matters pertaining to City operations.
Perform legal work pertaining to property acquisition, property disposal, public improvements, public rights of way and easements, and matters relating to public utilities.
Coordinate the work of outside legal counsel as needed and as directed by t he City Council and/or City Manager.
5. Optional Services:
Recognizing that historically the City Attorney HAS NOT attended regular Council meetings, Planning Commission meeting or departmental staff meetings, identify optional costs for services under a retainer that address these areas including:
Regular a ttendance at City Council, study sessions, closed sessions and all meetings to provide legal counsel at same. Regular Council meetings are held the first and third Tuesday evenings of each month.
Attendance at monthly Planning Commission meetings.
Attendance at City Commission or other meetings upon request of the Council or City Manager to provide legal advice and serve as counsel. 147
Request for Proposals – City Attorney
City of Suisun City 6 of 7
6. Billing of services beyond “basic” or “retainer” services:
Describe met hod of payment and billing procedure for extra hours and expenses and any other accounting requirements.
Please define what type of work you would consider to be extra or specialized work which would be billed in addition to basic services. Please state the hourly rates for the designated City Attorney and Associates for such specialized services.
Termination of Contract
Provide proposed terms and conditions for termination of contract by either party.
Current Practices/Conflict of Interest
1. Please list any political contributions of money, in -kind services or loans made to any member of a city council within the last three years by the applicant law firm and all of its attorneys.
2. Please list all public clients for which you or your firm currently provide services, or are under retainer.
3. For the firm, and/or the proposed City Attorney, please specify current or known future professional commitments in order that the City may evaluate continuing availability for providing legal services to the City.
Professional References
Please provide three professional and three personal references for the individual proposed for appointment as the City Attorney. Include with each, the name, addr ess, daytime telephone number and e-mail address of the reference.
For all others identified to provide specialized legal services to the City, please provide three professional references including agency, contact name, phone number, address and e -mail address.
Evaluation and Selection Process
1. All proposals are due by 5:00 p.m. on Monday, Febr uary 2 3, 2009 in the City Clerk’s Office, 701 Civic Center Boulevard, Suisun City, CA 94585. 148
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2. All proposals shall be evaluated upon the following:
Experience of firm and proposed team in municipal law including specialty areas of personnel, labor relations (with an emphasis in public safety law) and redevelopment.
References and p ast per formance with municipal clients of both the firm and proposed team.
Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet deadlines and to operate in an effective and efficient manner.
Availability for quick response to inquiries that arise out of day -to-day operating questions or problems.
Communication skills.
Backup support.
Cost of services.
3. Qualifications and references of the top candidates based upon proposal responses will be verified.
4. Personal interviews of the top two to four candidates will be conducted by the City Council.
5. The City will negotiate the terms and conditions of a c ontract with the selected party, which must then be approved by formal Council action.
6. The formal contract will be prepared by the selected City Attorney outlining duties and compensation. This contract will be entered into with the successful firm and l egal services will begin when the City Council formally appoints the individual to serve as City Attorney.
The appointed City Attorney is an at -will contract position and shall serve at the pleasure of the City Council. The City Attorney is under contrac t with the City and is not a City employee. The City Council may terminate the appointment at any time, with or without cause.
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City Attorney Options
Discussion and
Direction
September 19, 2023
City Attorney Responsibilities
Legal advice
Drafting and
re
viewing documents
Litigation
Code Enforcement
Land Use and Zoning
Criminal procedure
Law
2 Public meetings
Employment Law
Public records and
open g
overnment
Ethics/Conflicts of
in
terest
Legislation
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2018 Solano County Grand Jury Report
Identified City Attorney models that cities use
Provided some pros and cons for each model
Identified costs for City Attorney services for
each city
Identified that
each model has its own merits
and dr
awbacks
3 Three City Attorney Options
1. Have a contracted City Attorney (current
model)
2. Have a fully In-House City Attorney’s Of fice
s
taffed by city employees
3. Have a combination (Hybrid model) of In-
House Attorney’s Office for day to day with
c
ontract for specialized legal services and
litig
ation
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Contract City Attorney Pros
Offers third party perspective and impartiality
Has access to expertise and knowledge of other municipalities, histories and r
esponses
Skilled in or has access to specialty areas such as water rights, land use, r
egulatory issues, and California Environmental Quality Act Can be cost effective as only services rendered are chargeable Clinical approach to risk management
Is skilled at providing immediate cost effective answers As a consultant there are no employee benefits and terminating a c
ontract usually involves no monetary penalties
No additional overhead costs for office space or supplies Likely to be less expensive than In-House City Attorney 5 Contract City Attorney Cons
• Every interaction is billable
• Higher variable costs, so the greater use of the attorney equates to higher monthly bills
• Attorney may or may not be local
• Cannot just walk over to talk to attorney
• Attorney may represent one or more other cities and may not be immedia
tely available
• Less control over the assigned attorney
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In-House City Attorney Pros
• Provides institutional knowledge, accessibility and continuity • Has an intimate and expanding knowledge of the city, its employees and citiz
ens/public
• Is readily accessible with no thought of an hourly fee • Contributes leadership skills
• Can help the organization develop and manage future risk • Has a unique opportunity to build community trust
• As a municipal employee has a set hour work day schedule which pr
ovides the budget with a fixed cost associated with salary and benefits 7 In-House City Attorney Cons
• Much more difficult and costly to change attorneys
• High fixed costs restricts ability of city to cut costs by reducing use of a
ttorneys
• City likely to need more staff than just one attorney • In-house attorney will likely need a law library of some sort • Currently no space at City Hall for a City Attorney’s Office and staff without displacing another
department
• In an increasingly complicated legal environment, a generalist has limits in specialty ar
eas of the law, so City will still likely need to contract for specializ
ed legal services and litigation at an unknown cost
• Potential lack of attorney services when employee is sick or on vacation, depending
upon the number of attorneys or ability to use contract law firm • Likely to be more expensive than outsourcing
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2018 Solano County Grand Jury Report
FYE 2016 City Attorney Salary + Benefits
Benicia $292,170
Vacaville $398,747
Vallejo $367,117
These amounts are for one City Attorney position, not including additional staff or overhead
9 2018 Solano County Grand Jury Report
FYE 2017 Total Legal Expense Data
Benicia In-House * $824,962
Dixon Outsourced $898,019
Fairfield Outsourced $1,073,526
Rio Vista Outsourced $147,857
Suisun City Outsourced $177,147
Vacaville In-House $1,132,771
Vallejo In-House $3,255,821
* Now outsourced
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FYE 2023 Suisun City Attorney Costs
General Fund Cost $307,701
Other Funds Cost $263,972
Total Cost $571,673
11 FYE 2023 Suisun City Attorney Costs
Extraordinary costs
301 Line St. $21,562.27
Pickering $43,967.68
Developer reimbursable $26,674.50
Successor Agency $29,477.00
Employment Law $108,848.70
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In-House Staffing Examples
• Brentwood Population 64,513 6 FTE in City Attorney’s Office. • Burlingame Population 30,106 3.5 FTE plus contract for specialty services.
• San Luis Obispo Populat ion 47,545 8 FTE in City Attorney’s Office. • San Pablo Population 36,000 2 FTE in City Attorney’s Office. 13 Next Steps?
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Outsourced City Attorney Path Forward
Identify the items to be included in the RFP
Multiple example RFPs provided
Full Council or ad hoc?
Put out RFP
Review proposals in closed session and identify
which la
w firms to interview
Conduct closed session interviews
Approve contract in open session
15 In-House City Attorney Path Forward
Identify the important legal services to be done
in house and whe
ther to provide all services in
house vs. Hybrid model
Identif
y the minimum staffing needed
Identify the overhead costs
Identify the overall preliminary City Attorney
Office budget
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In-House City Attorney Path Forward
Create job descriptions
Complete compensation study/approve new
salaries
Con
tract with executive recruiter for City Attorney
(approx. $30,000)
Closed session in
terviews
Approve City Attorney employment contract in
open session
17 Hybrid City Attorney Path Forward
With input from new City Attorney, RFP for
c
ontracting out additional legal services, if not
fully In-House
Closed session in
terviews for outsourced legal
services, if applic
able
HR recruitment for additional staffing once City
At
torney is on board
At least 6 month process to get In-House City
A
ttorney on board
target date July 1, 2024
18 17
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Next Steps
Provide staff with direction on how to move
forward.
If moving forward on RFP for contracting out,
provide direction on what to include in RFP and if
an ad hoc is appropriate
If moving forward on an In-House City Attorney,
provide direction on what additional information
Council would like and if an ad hoc is appropriate
Or provide other direction
19 Conclusions &Questions
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AGENDA ITEM NO. 6
AGENDA TRANSMITTAL
MEETING DATE:
September 19, 2023
CITY AGENDA ITEM:
Council Consideration and Introduction of Ordinance No.___: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code.
FISCAL IMPACT:
None at this time.
STRATEGIC PLAN:
Deter and Minimize Intentional Illegal Dumping of Garbage and Trash in the City.
BACKGROUND:
Early in 2023, the Mayor appointed Councilmember Dawson and then- Councilmember Hudson to the Illegal Dumping and Trash Ad Hoc Committee. The committee met with department heads and the City Attorney to address ways in which the City could strengthen its Municipal Code to minimize the impact of illegal dumping and accumulation of trash throughout the City. Based on the ad hoc committee’s recommendations, among other measures the City Council directed an update to Chapter 8.08 of the Municipal Code, dealing with solid waste.
The City Attorney’s Office researched other jurisdictions’ codes to find provisions that might be use to the City, and the amendments mirror the direction we received from Council. The proposed Ordinance’s goal is to provide the City with as full a range of tools as possible. As always, the proposed amendments are just that, proposed. The Council may have additional thoughts on enforcement tools or prohibited conduct or may wish to delete or modify certain provisions.
The following updates to the ordinance are being proposed as further described below:
1 .
Related provisions have been grouped under several different articles; certain provisions were moved or combined with other sections; sections renumbered. 2 .
Updated definitions
3 .
Trash enclosures must be enclosed.
4 .
Prohibits illegal dumping, and imposes liability on the person dumping, any person using a vehicle to illegally dump, and the person in control of the property where the dumping occurs. 5 .
Violations of the ordinance are declared a public nuisance and may be abated in accordance with Chapter 8.12 and constitute strict liability offenses. City’s enforcement tools have been expanded. 6 .
Vehicles used to illegally dump are declared a public nuisance and may be abated through seizure and impoundment procedures described in the ordinance.
STAFF REPORT:
This agenda item proposes to repeal and replace Chapter 8.08 of Title 8 of the Municipal Code, dealing with solid waste.
Residents of the City have complained about the nuisances created throughout the City by persons who illegally dump solid waste, bulky items, and potentially hazardous materials. The City has taken proactive steps to attempt to curtail illegal dumping, but the problem persists. Accordingly, the proposed ordinance would provide additional requirements and enforcement options for the City in an 181
effort to minimize spill or intentional illegal dumping of garbage and trash.
In April, the City Council directed the following updates:
1. Amend the chapter to also make any violation a public nuisance, subject to the provisions of Chapter
8.12, and enforceable by peace officers and by the City Manager and their designee.
2. Amend the chapter to require that trash receptacles be secured and enclosed.
3. Review the Butte County Illegal Dumping Codes (Section 49-4) and zero tolerance programs/ordinances from other jurisdictions for additional enforcement tools.
4. Increase the amount of civil fines (see Section III, below).
5. Review definitions and prohibited conduct to ensure that language provides the City with the maximum enforcement flexibility.
The increased fines will be back before the Council at a future meeting in the near future, as part of a further set of code amendments to update Chapters 1.08, 1.16, and 1.20. The increased fines will apply to more than just Chapter 8.08.
Meanwhile, here is a summary of the key proposed updates to Chapter 8.08:
1. Reordering and renumbering.
The provisions of the current code have been somewhat reordered and renumbered, and are now grouped in five articles. As the Ordinance expands, it is helpful to organize the Ordinance rather than simply tack new provisions on the end. The goal is to make the Ordinance easier to follow and to apply.
Article I General Matters
Article II Solid Waste Collection and Disposal
Article III Prohibited Conduct
Article IV Vehicle Forfeiture
Article V Remedies
2. Definitions.
The Definitions section would be updated to include terms used throughout the chapter.
Some newly defined terms include “bulky items,” “hazardous waste,” “person,” and “public place.” Clear definitions provide guidance to staff and the public and make the ordinance easier to enforce.
3. Prohibited Conduct.
The Ordinance already prohibits unauthorized waste collection and transport, unlawful accumulation of waste, waste outside of receptacles, burning or burying waste, and interfering with the lawful collection and removal of waste. The proposed ordinance would broaden the prohibited conduct to include illegal dumping, as follows:
A.
It is unlawful for any person to throw, drop, place, or deposit bulky items, hazardous waste, or solid waste (except for construction materials being used during construction, and these only temporarily under a building permit) in a public place or on private property not designated for that dumping or disposal purpose.
B.
Illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, commonly referred to as littering, including, but not limited to, beverage containers, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package, or a vehicle used for any of those purposes.”
4. Evidence of Ownership.
The proposed Ordinance would permit the City to determine ownership of illegally dumped waste in any lawful manner available to it, including but not limited to, mail, receipts, 182
photographs, and security camera footage. A prima facie showing the a person’s items, solid waste, or personal property have been found in any location where it is unlawful to dispose of such, under circumstances which would lead a reasonable trier of fact to conclude that the items were discarded at that location, will constitute a presumption that the owner of the solid waste, items, or personal property violated the provisions of the ordinance.
5. Requires Trash Receptacles Within Solid Enclosures.
All improved properties within the City will be
required to provide permanent solid waste receptacle enclosure facilities. The enclosure must be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and
with a solid gate 6 feet in height providing access to the trash area.
If the enclosure is not within a gated building or community, it must also have a roof.
Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures must be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures must be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25%, but in any event all improved property must comply with this requirement within 12 months of the effective date of the ordinance.
All construction shall be in accordance with applicable city standards.
The underlined text is highlighted so that staff can weigh on whether height appropriate, or if they have alternative language that would be a better fit; and to note that compliance with the proposed Ordinance would be required within 12 months of the effective date – the Council may decide to allow legal nonconforming uses to continue, or to prescribe a different timeline for compliance, for example.
6. Enforcement.
The proposed Ordinance articulates a number of enforcement tools.
Violations constitute a public nuisance, and abatement can be pursued under Chapter 8.12 (the updated chapter will be coming to Council shortly).
Violations may also be punished under Chapters 1.08 and 1.20 of the SCMC, meaning that they can be charged as infractions, misdemeanors, and civil administrative citations, at the City’s discretion.
Each day a violation of the ordinance continues will be considered a new violation and can be punished as such.
Violations are strict liability offenses, which means that there is no intent requirement. Strict liability is permissible for violations of these types of regulatory/quality of life ordinances.
The Ordinance imposes liability, jointly and severally, on persons who illegally dump and on property owners who allow waste to accumulate. Note also that Chapter 8.12 includes provisions that address the condition of property and also cover accumulation of trash and debris.
Vehicle forfeiture for vehicles used in the commission of illegal dumping.
7. Vehicle Forfeiture.
Vehicles used to illegally dump will be declared a nuisance and will be abated through seizure and impoundment due process procedures. Seized vehicles would be sold and the proceeds distributed to the City to pay for the enforcement of the Ordinance.
STAFF RECOMMENDATION:
It is recommended that the City Council:
Consider and Introduce Ordinance No.___: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.08 (Solid Waste) of Title 8 (Health & Safety) of the Suisun City Municipal Code.
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DOCUMENTS ATTACHED:
1 .
Ordinance No.___: An Ordinance of the City Council of the City of Suisun City, California, Repealing and Replacing Chapter 8.08 (Solid Waste) of Title 8 (Health & Safety) of the Suisun City Municipal Code [
Redline Version
]
2 .
Ordinance No.___: An Ordinance of the City Council of the City of Suisun City, California, Repealing and Replacing Chapter 8.08 (Solid Waste) of Title 8 (Health & Safety) of the Suisun City Municipal Code [
Clean Version
]
3 .
PowerPoint Presentation
PREPARED BY:
Elena Gerli, City Attorney
REVIEWED BY:
Kris Lofthus, Deputy City Manager
APPROVED BY:
Kris Lofthus, Deputy City Manager
ATTACHMENTS:
1. Ordinance Repealing and Replacing Ch. 8.08 (Solid Waste) of Title 8 (Health and Safety) of the Suisun City Municpal Code - Redline Version.pdf
2. Ordinance Repealing and Replacing Ch. 8.08 (Solid Waste) of Title 8 (Health and Safety) of the Suisun City Municpal Code - Clean Version.pdf
3. PowerPoint Presentation.pdf
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY REPEALING AND REPLACING CHAPTER 8.08 (SOLID WASTES) OF TITLE 8 (HEALTH & SAFETY) OF THE SUISUN CITY MUNICIPAL CODE
WHEREAS, the City of Suisun City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, Cal. Const. Art. XI, section 7.
WHEREAS, residents of the City have complained about the nuisances created throughout the City by persons who dump solid waste, bulky items, and potentially hazardous materials.
WHEREAS, the City Council of the City of Suisun City finds that illegal dumping activities pose a danger to public health and safety, decrease property values, lower the quality of life, and contribute to urban blight.
WHEREAS, the City Council finds that in spite of proactive steps to attempt curtail illegal dumping, the problem persists.
WHEREAS, the City Council finds that to minimize spill or intentional illegal dumping of garbage and trash, the provisions of Chapter 8.08 of the Suisun City Municipal Code should be updated to provide additional requirements and enforcement options for the City.
WHEREAS, the City Council finds that materials that are illegally dumped create a nesting area for rodents, insects, and other vermin while impacting the proper drainage of runoff, polluting local waterways, and making areas more susceptible to flooding when draining basins become clogged.
WHEREAS, the City Council finds that persons who use their vehicles for illegal dumping create unhealthful conditions and blight in communities, thereby negatively impacting the quality of life of residents and leading to reduction of property values.
WHEREAS, the City Council finds that illegal dumping activities also place an undue burden on the City, which spends considerable funds every year in cleanup, public education, and enforcement costs.
WHEREAS, the City Council finds that illegal dumping activities and vehicles used in those activities are a public nuisance and the seizure and forfeiture of vehicles that are used for illegal dumping will abate the nuisances caused by this activity in that the vehicles used for these purposes will no longer be available and furthermore, other persons contemplating engaging in illegal dumping will be deterred from using vehicles for these purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct, and are incorporated herein by reference.
SECTION 2. Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code is repealed and replaced with the following:
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28 Article I. General Matters.
8.08.1010 Definitions.
Except as expressly provided in this section, the definitions contained in Title 14, Division 7, Chapter 3, Article 4 of the California Administrative Code shall govern the interpretation of this chapter. The following words are defined to clarify this chapter:
A. “Agricultural solid wastes” means wastes resulting from the production and processing of farm or agricultural products, including manures, prunings, and crop residues wherever produced.
“Bulky item” means, but is not limited to, discarded furniture, vehicle parts, appliances, construction materials.
“City Manager” means the City Manager of the City of Suisun City, and includes their designee.
B. “Construction and demolition wastes” means solid waste composed of building materials, packaging and rubble resulting from the construction, remodeling, repair or demolition of pavements, houses, commercial, industrial or agricultural buildings, and other structures, which are not incident to active, permitted construction.
C. “Contract agent” means and includes an agent or employee of the city or any person, firm, corporation or association, or the agents or employees thereof, with whom the city has contracted under the terms set out in this chapter to collect, transport and dispose of solid waste produced within the geographic boundaries of the city. “Director” means the City of Suisun City’s Director of Public Works, and shall include their designee.
“Improved property” shall mean real property in the City of Suisun City that has been improved with structures or facilities of any kind. “Improved property” shall not include public property or the public right-of-way.
D. “Garbage” means and includes all putrescible solid and semi-solid waste, including, without limitation, all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. “Hazardous waste” shall have the same meaning as state and federal law, specifically:
Chapter 6.5 (Hazardous Waste Control Law) of the California Health & Safety Code, and the regulations in Division 4.5 of Title 22 of the California Code of Regulations; and the Federal hazardous waste regulations adopted by U.S. EPA as found in Title 40, Code of Federal Regulations, Parts 260- 279, adopted pursuant to Chapter 42, United States Code (Resource Conservation and Recovery Act, also known as RCRA).
California laws are outlined in the statute: California Health & Safety Code, (HSC), Division 20, Chapter 6.5 (Hazardous Waste Control Law). Regulations adopted from the HSC are found in the California Code of Regulations (CCR), division 4.5, title 22. California the individual generating the waste must determine if the waste generated meets the criteria of hazardous waste as defined in 22 CCR section 66261.3.
“Person” means an individual, group, or entity of any kind, whether for profit or nonprofit. 186
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28 “Public place” means any property owned or controlled by a public agency, including but not limited to streets, alleys, gutters, highways, parks, sidewalks and parkways, marinas, parking lots or structures, and improved or unimproved real property.
E. “Refuse” means both garbage and rubbish.
F. “Rubbish” means and includes all nonputrescible solid and semi-solid wastes, including, without limitation, ashes, paper, cardboard, tin cans, other packaging, yard wastes, wood, glass, bedding, crockery, plastics, rubber by-products and litter.
H. “Recyclable materials” means any materials as so defined in Chapter 8.10.010J of the Suisun Municipal Code.
I. “Recycling” means the process defined in Chapter 8.10.010(K) of the Suisun Municipal Code.
“Refuse receptacle” means any bin or container for the collection of solid waste and recyclables.
G. “Solid waste” or “solid wastes” means and includes all putrescible and nonputrescible solid and semi-solid wastes, including, without limitation, garbage, trash, refuse, paper, offal, rubbish, ashes, industrial wastes, demolition and construction and demolition wastes, recyclable materials discarded by their owners, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer processing stations or disposal sites, but excludes sewage collected and treated in a municipal or regional sewerage system.
“Vehicle” means any transportation device that requires the driver to have a valid driver’s license for the appropriate class of vehicle being driven, and which transportation device is equipped with a motor. “Vehicle” shall include boats, irrespective of whether the type of boat requires a driver’s license.
J. “Yard waste” means and includes solid wastes generated from the maintenance of yards, lawns and gardens, such as grass clippings, leaves, and tree and brush trimmings and prunings.
8.08.250 104 Enforcement of chapter.
The director shall supervise all matters in connection with solid waste collection, transportation, and disposal that concern the public health. All officers with the authority to enforce the codes of the city shall enforce the provisions of this chapter according to state and local law, including but not limited to peace officers, code enforcement officers, and the City Manager.
8.08.260 108 Applicability.
The provisions of this chapter shall apply, jointly and severally to any person who owns or controls real property, as well as persons, including their agents, who illegally dispose of solid waste, and to persons who own, control, or operate vehicles that are used to illegally dispose of solid waste.
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28 8.08.270 112 Evidence of ownership
The City may determine ownership of illegally dumped waste in any lawful manner available to it, including but not limited to, mail, receipts, photographs, and security camera footage.
Upon a prima facie showing that a person’s items, solid waste, or personal property have been found in any location where it is unlawful to dispose of such, under circumstances which would lead a reasonable trier of fact to conclude that the items were discarded at that location, shall constitute a presumption that the owner of the waste violated the provisions of this chapter.
8.08.116 Self-disposal by residents.
Nothing contained in this chapter shall be construed to prevent or prohibit any resident in the city from collecting, transporting and disposing of any solid waste created by him or his household, on premises personally occupied by him, provided the same is personally collected, transported and disposed of by him or her in accordance with the rules and regulations prescribed in this chapter and other applicable law.
Article II. Solid waste collection and disposal.
8.08.200 Solid waste receptacle enclosures.
A. All improved properties within the City shall provide permanent solid waste receptacle enclosure facilities. The enclosure shall be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and with a solid gate 6 feet in height providing access to the trash area. If the enclosure is not within a gated building or community, it must also have a roof. Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures shall be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures shall be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25%, but in any event all improved property shall comply with this requirement within 12 months of the effective date of this ordinance. All construction shall be in accordance with applicable city standards.
B. Any property that cannot come into compliance with this requirement due to physical constraints of the property must make application to the Director of Community Development for a minor variation. The provisions of this section will be waived or modified only to the extent necessary to achieve this section’s purposes in light of the restrictions at the property.
8.08.204015 Solid waste collection service required.
It shall be the duty of every owner of every occupied improved premise in the City, whether residential, commercial, industrial or institutional, to subscribe to and pay for solid waste collection service from the authorized contract agent. An owner may authorize a tenant to act in his their behalf to subscribe and pay for service, but such action shall not relieve an owner from his their liability hereunder; and, unless notice to the contrary is given the contractor, any additional services contracted for by a tenant so authorized to act shall be chargeable to the owner.
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28 Residents of the city shall be allowed to place solid waste and yard waste containers in front of their property against the curb for collection on the same day they receive solid waste collection service, provided that this is done in strict accordance with this chapter and Chapter
8.10, as applicable, and any the rules and regulations established by the city administrator.
The solid waste shall be placed in company-provided containers.
8.08.208040 Minimum trash solid waste receptacle capacity.
Required minimum trash receptacle capacity shall be as follows:
A. Multiple-family unit, housing, sixty 60 gallons per unit. Excluded from this definition of “multiple-family units” (three or more) are specialized housing types, such as congregate care and communal living facilities, senior apartments and other similar group housing arrangements.
B. Every property owner shall have available and utilize receptacles of an adequate size and in sufficient numbers to contain without overflowing, all the solid wastes generated within the designated removal period. This shall be done by subscribing to solid waste collection service available from the city’s solid waste collection contract agent.
8.08.060 Deposit in public places.
8.08.212070 Conveyance along streets.
No solid waste shall be transported on any of the streets, alleyways or public thoroughfares of the city unless the same is transported in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown upon the streets and adjacent lands.
8.08.216090 Trucks.
Every truck used in the collection, transportation or disposal of solid waste shall be kept well painted and clean, both inside and out.
8.08.220100 Exclusive rights of contractor.
At such time as there is in force a contract entered into by the city with any person, firm or corporation for the collection, transport and disposal of solid waste in the city, it is unlawful for any person other than that contract agent and its agents to collect, transport or dispose of any solid waste within the city. Persons other than that contractor and its agents may lawfully collect, transport or dispose of solid waste only where one of the following conditions apply:
A. The solid waste consists only of construction or demolition wastes hauled or removed only by the landowner or occupant, an uncompensated third party acting at the request of the landowner or occupant, or a contractor retained by or for the benefit of the landowner or occupant to perform (and actually performing) the construction or demolition services on the property which generate the construction or demolition wastes at issue. This exception to the rights of the exclusive solid waste handling contractor shall not apply to any situation in which a third party is hired, through a subcontract or otherwise, to collect, transport or dispose of the solid waste or any portion thereof.
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28 B. The solid waste is limited to abandoned vehicles and parts thereof, discarded home and industrial appliances and furniture, or agricultural solid wastes as defined in Section
8.08.100010(A).
C. The solid waste consists of septic tank pumpings, hazardous wastes or medical wastes which are being collected, transported and disposed of by properly permitted, certified and inspected haulers and vehicles as required by federal, state and local laws and regulations.
D. The solid waste consists only of garbage collected and transported solely for the purpose of feeding animals in accordance with this division and applicable state laws and regulations and the hauler has obtained a garbage feeding permit.
E. The solid waste consists solely of solid waste collected, and transported from a public road right-of-way by a public agency or a construction or demolition contractor retained by the public agency.
F. The solid waste being collected, transported and disposed of consists solely of recyclable material taken from residential construction or demolition waste which recyclable material is being hauled or removed by a third party (acting at the request of the landowner or occupant). Such third party shall have in force a current recycling permit issued by the city requiring that all such materials collected by the permit-holder within the geographic boundaries of the city consist of recyclable material and that all such material be recycled.
Only such haulers and removers of recyclable materials as are duly permitted by the city to engage in such activity may do so pursuant to this exception. Prior to granting any such permit, the city shall require evidence of adequate liability insurance covering the hauler or remover’s operations, and evidence that the hauler or remover has paid in full all required city taxes and business license fees applicable to its operations. The hauler or remover must actually recycle all material hauled or removed and the hauler or remover shall comply with all other requirements and conditions of the permit established by the city.
8.08.224110 Contract—Authorized.
For the collection, transportation and disposal of solid waste, a contract may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
8.08.228120 Contract—Bond—Scope.
The contract provided for in Section 8.08.110 224 shall provide that the contractor shall collect and dispose of the solid waste in the city in the manner provided for in this chapter.
The contractor shall be required to furnish a cash or surety bond to the city in the penal sum of one hundred thousand dollars conditioned upon the faithful performance of the contract and provisions of this chapter. Such contractor shall have the sole and exclusive right, except as otherwise expressly provided in this chapter, to collect, transport and dispose of all solid waste in the city, including, without limitation, all recyclable solid waste.
8.08.130 232 Contract—Insurance.
A. Worker’s Compensation. Any exclusive contract agent for solid waste collection, transportation and disposal shall fully comply with applicable California law concerning worker’s compensation. Such compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability such exclusive contract agent may have for worker’s compensation. 190
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28 B. General Liability Insurance. Any exclusive contract agent for solid waste collection, transportation and disposal shall obtain at its sole cost, and keep in full force and effect during the term of its exclusive solid waste collection, transportation and disposal agreement with the city, broad form property damage, bodily injury, automobile, employers’, and comprehensive form liability insurance in the amount of three million dollars per occurrence: provided (1) that the city, its officers, agents, employees and volunteers shall be named as additional insureds trader the general liability policy, (2) that the policy shall stipulate that this insurance will operate as primary insurance, and (3) that no other insurance maintained by the city or the other named insureds under the contract agent’s policy shall be called upon to cover a loss covered thereunder unless and until such time as the applicable insurance purchased by the contract agent is exhausted by reason of payment of claims. If the coverage limits set forth in this subsection are not reasonably obtainable through the insurance markets, the city manager shall meet and discuss with the contract agent the contract agent’s inability to obtain such coverage, and shall temporarily adjust the coverage requirements set forth in this paragraph to conform to industry standards taking into consideration contract agent’s demonstration that it is responsibly conducting its business and that coverage is not reasonably available at the coverage limits. In no case, however, will the insurance limits required above be any less than one million dollars per occurrence during the aforementioned period of such temporary adjustment.
C. Certificates of Insurance. The exclusive contract agent for solid waste collection, transportation and disposal shall file with the city manager, within fifteen days of the execution of this agreement, certificates of insurance which shall provide that the insurance issuer shall endeavor to provide thirty days written notice to the city manager prior to the effective date of any cancellation, major change in coverage, expiration or nonrenewal of the contract agent’s policies obtained for purposes of satisfying this requirement. In the event of such cancellation, major change in coverage, expiration or nonrenewal of the subject policies, the contract agent shall file with the city manager within forty-five days of such action, a new certificate of insurance which complies with the requirements of this section. Except as provided in the agreement between the city and the contract agent, failure to do so shall constitute grounds for termination of any existing solid waste collection, transportation and disposal franchise agreement with the contract agent.
8.08.150 236 Audit of contract agent’s books.
The books and businesses of the contractor shall be subject to audit and checking at any reasonable time by the city.
8.08.160 240 Rates for residential solid waste collection, transportation and disposal.
Any person from whom solid waste is collected or required to be collected under the provisions of this chapter shall pay the contract agent, or other person designated by the city council to receive the same, for such service at rates provided for by the city council. Those rates shall remain in force until amended or modified by resolution of the city council.
8.08.170 244 Billing charges to become lien.
All billing for waste collection shall be made by the contract agent. All charges shall become delinquent ninety 90 days after the billing date. If the bill remains unpaid after the billing due date, the contract agent shall be entitled to a late charge as approved by resolution by the city 191
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28 council. Contract agent shall provide notice of the late charge on the subsequent bill. Any delinquent accounts may be subject to the lien process. If a bill becomes delinquent, contract agent may send a notice of delinquency to the owner. The form and content of the delinquency notice sent by the contract agent shall be approved by the city. The contract agent shall simultaneously file with the city a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent.
Should the bill remain unpaid at the expiration of the fifteen days following the delinquency notification, the contract agent may assign such bill to the city for lien proceedings. Once the bill is assigned to the city for lien proceedings, as part of the lien proceedings an administrative fee shall also be assessed. Upon the city’s receipt of the assignment from the contract agent and at the convenience of the city, (but at least once every six calendar months), the city may initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered. The lien will be officially recorded in the county recorder’s office. The lien may carry such additional administrative charges as set forth by city council resolution. The owner shall be notified by the city that the late charges and administrative charges are due the city and that such lien has been recorded.
8.08.180 248 Fees—Commercial, industrial, and institutional.
Each commercial, industrial, or institutional establishment, including, without limitation, each hotel, restaurant, store, factory, plant, office complex, multi-family housing complex and trailer park, shall pay a flat monthly charge to be based on the average amount of solid waste generated by such establishment as per agreement between the contractor and each individual establishment, those rates to be in line with rates charged for comparable service in similar cities within the county and to be subject to review by the city council.
8.08.190 252 Solid waste department.
The power is vested in the city council to create at any time by resolution a solid waste department of the city, and to collect, transport and dispose of all solid waste as a sanitary measure and as a benefit to the public health.
Article III. Prohibited conduct.
8.08.3200 Offensive matterWaste collection and transport.
Except as may otherwise be provided in this chapter, iIt is unlawful for any person , firm or corporation other than the city, or such solid waste contract agent as may be designated by the city under contract and its agents, to collect or transport through the streets, alleys, or public thoroughfares of the city, any solid waste (including, without limitation, recyclable solid waste), hazardous waste, or other matter offensive to the sight or smell, or to collect, transport, or dispose of the same.
8.08.210 304 Unlawful deposit of solid wasteIllegal dumping.
A. It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any solid waste, as the term is defined in this chapter (except brick, brickbats, cement, plaster, stones and gravel, and these only temporarily under a building permit), in or upon any vacant lot, or in any backyard, or in or upon any street, alley, gutter, highway, park or other public place, or to deposit, place or keep any solid waste except in the manner prescribed in Sections
8.08.020 through 8.08.060. throw, drop, place, or deposit bulky items, hazardous waste, or 192
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28 solid waste in a public place or on private property not designated for dumping or disposal purposes.
B. Illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, commonly referred to as littering, including, but not limited to, beverage containers, packaging, wrappers, wastepaper, newspapers, and magazines, and including minimal waste matter that escapes or is allowed to escape from a receptacle or vehicle used for the lawful disposal or transport of solid waste.
8.08.020 308 Unlawful accumulation.
No person who owns or controls real property in the city shall deposit, keep, accumulate or permit, cause, or suffer any solid waste to be deposited, kept, or accumulated upon that parcel of land, unless same is kept, deposited, or allowed to accumulate as provided in this chapter.
8.08.030 312 Solid Waste Outside of Receptacles.
It is unlawful for any person, firm or corporation to keep, accumulate, or permit to be accumulated any solid waste upon any private property or public place, unless the same is in an approved receptacle as provided in this chapter, and in the rules and regulations as may be authorized by the franchise agreement and attached thereto as an exhibit.
8.08.220 316 Burning.
It is unlawful to burn, or cause to be burned, solid waste in the city.
8.08.230 320 Burying.
It is unlawful for any person or persons to bury solid waste at any place within the city.
8.08.240 324 Interference.
It is unlawful for any person in any manner to interfere with the collection, transportation or disposal of solid waste (including, without limitation, recyclable solid waste) by any person, firm or corporation authorized by license or contract to collect, transport and dispose of the same.
8.08.328 Emergency removal.
Nothing in this chapter shall be deemed to prohibit the collection, transportation, and disposal by an unlicensed person of materials considered by the health officer or police department to constitute a public health menace of such a nature that it is necessary to be ordered promptly removed.
Article IV Vehicle Forfeiture
8.12.400 Abatement of nuisance vehicle by seizure and forfeiture.
A. Any vehicle used to illegally dump any bulky item, any hazardous waste, or solid waste in violation of this code or other applicable state law is declared a nuisance.
B. Any vehicle used to transport any bulky item, any hazardous waste, or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this article.
C. All such nuisance vehicles shall be abated through seizure and impoundment procedures as provided in this chapter, subject to the exceptions set forth at Section 8.12.420. 193
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28 D. A nuisance vehicle shall be seized and impounded for 30 days each time such vehicle is determined to be a nuisance under this article.
E. A criminal conviction shall not be required as a prerequisite to any proceeding brought pursuant to this article.
F. Physical seizure of a nuisance vehicle subject to this article shall not be required as a prerequisite to institution of impoundment proceedings.
G. Any person who owns, leases, conducts, has control of, or maintains any vehicle used for any of the purposes or acts set forth in this article is responsible for creating a public nuisance.
8.12.404 Seizure of vehicle.
A. An enforcement officer may seize a vehicle subject to forfeiture under this article upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
1. The seizure is incident to an arrest or search under a search warrant;
2. There is probable cause to believe the vehicle was used in violation of this chapter.
B. An enforcement officer seizing a vehicle under this article shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
C. An immediate investigation shall be made by the City as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in this or any other state or appropriate federal agency. Within 2 business days of the vehicle’s seizure, the City shall send a notice of seizure to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.
D. The notice of seizure shall include the following:
1. The name, address and telephone number of the agency providing the notice;
2. Identifying information for the vehicle seized and the authority and reason for the seizure;
3. A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and
4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
E. The City shall provide any potential claimants discovered as a result of the investigation set out in subsection C of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The City may authorize its own officer or employee to conduct the hearing provided the hearing officer is not the same person who directed or participated in the seizure of the vehicle. Failure of the potential claimant to 194
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28 request or attend a scheduled hearing within the appropriate time frame shall satisfy the post- seizure requirement.
F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the city attorney.
8.12.408 Forfeiture and notice of intended forfeiture of vehicle.
A. Within 30 days of receipt of the notice of seizure required in Section 8.12.404, the city attorney may pursue the forfeiture of vehicles seized under this article, as provided in this section. If the city attorney does not commence forfeiture procedures under this section within that 30 day period, title shall revert to the owner and the seized vehicle shall be returned to the owner.
B. If the city attorney determines that forfeiture of the seized vehicle is warranted, the city attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
C. The notice of intended forfeiture shall be served as follows:
1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 8.12.404(C).
2. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
a. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; or
b. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.
3. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
8.12.412 Claim Opposing Forfeiture and Court Proceedings.
A. A person claiming an interest in the seized vehicle must within 10 calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the County of Solano a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the City Clerk within 10 calendar days of the filing of the claim. 195
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28 B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court, or as soon as the court may schedule such hearing. The city attorney shall file a petition for forfeiture with the court within 10 calendar days of service of the claim upon the city attorney.
A copy of the petition shall be served upon the claimant.
C. The hearing shall be before the Superior Court of Solano County, to be heard by a Superior Court judge. The provisions of the Code of Civil Procedure shall apply to proceedings under this article unless otherwise inconsistent therewith. However, in proceedings under this article, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross- complaints, and the issues shall be limited strictly to the questions related to this article.
D. With respect to vehicles described in subsection B for which forfeiture is sought and as to which forfeiture is contested, the city attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.12.404.
E. Upon proof that the vehicle was used for any of the purposes set forth in Section
8.12.404, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Section 8.12.416. The court may make a different distribution of the proceeds if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this chapter.
F. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the city attorney under this article shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the city attorney shall be distributed in accordance with Section 8.12.416. The city attorney ordering forfeiture pursuant to this article shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
8.12.416 Disposal of vehicle and distribution of proceeds.
In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and used in decreasing order of priority as follows:
A. To pay costs associated with the towing, storage, and release of any vehicle seized under this section;
B. To pay costs associated with the sale of the vehicle; C. For the vehicle forfeited to pay a lien holder of record, if any, up to the amount of his, her, or its unsatisfied lien on the vehicle;
D. The remaining funds shall be distributed to the City in an amount equal to all expenditures, other than costs provided for in subsections A, B and C of this section, made or incurred in connection with enforcement of this article, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this article, and attorneys’ fees.
E. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated general fund revenue.
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28 8.12.420 Exceptions to impoundment/seizure of nuisance vehicles.
Notwithstanding the provisions of this article, the City shall return a seized vehicle, and that vehicle shall not be subject to impoundment, upon the determination of any of the following circumstances:
A. The vehicle was actually stolen, provided that:
1. The theft was reported to a law enforcement agency prior to the vehicle’s use in violation of this article;
2. The identity of the registered owner can be reasonably ascertained; and
3. The registered owner redeems the vehicle within 60 days of the seizure.
B. The vehicle is owned by the employer of the person who used it in violation of this article, provided that all of the following apply:
1. The use was made without the employer’s knowledge and consent;
2. The use did not provide a direct benefit to the employer’s business; and
3. The use did not further or advance the employer’s business interests in any way, and the use was of such nature that had the employer known, the use would have resulted in termination or substantial discipline.
8.12.424 Recovery of monetary loss.
Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
8.12.428 Discretion of the city attorney.
From the time the city attorney receives the notice of seizure referred to in Section 8.12.404 to the final decision in forfeiture proceedings, the city attorney has discretion to resolve all proceedings under this article on such terms as may be, in the judgment of the city attorney, in the best interests of the City.
Article V Remedies
8.08.500 Each day a new violation; strict liability; remedies not exclusive.
A. Each day a violation of any provision of this chapter continues is considered a new violation, and may be punished as such.
B. Violations of any of the provisions of this chapter constitute strict liability offenses.
C. The city may enforce the provisions of this chapter through all means available to it at law and equity, and remedies may be used in combination and shall not be exclusive of each other.
8.08.504 Violations declared a public nuisance.
Any violation of this chapter is hereby declared a public nuisance, which may be abated in accordance with the provisions of this chapter, Chapter 8.12, or applicable state law, including recoupment of enforcement and abatement costs, and attorneys’ fees related thereto. 197
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28 8.08.508 Additional penalties and remedies.
A. Any violation of this chapter may be punished pursuant to Chapters 1.08 and 1.20.
B. In the event of a conviction of a violation of this chapter and under appropriate circumstances, the court may order the defendant to pay restitution to any person who has incurred out-of-pocket expenses as a result of clean-up following illegal dumping, in addition to any other penalties.
C. Illegal dumping may be charged as a violation of Section 374.3 of the Penal Code.
D. The City may order the owner of a property subject to repeated illegal dumping to fence the property, following notice and order and an opportunity to be heard.
SECTION 3. EFFECT OF AMENDMENTS. Except as otherwise specifically provided in this Ordinance, all other provisions of Title 8 of the City of Suisun Municipal Code remain the same.
SECTION 4. ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law. .
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ________ day of ________________ 2023.
Alma Hernandez, Mayor
ATTEST:
Anita Skinner
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
_______________________________
Aleshire & Wynder, LLP
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28 CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on , 2023 and passed and adopted at a regular meeting of said City Council held on , 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this day of 2023.
Anita Skinner
City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY REPEALING AND REPLACING CHAPTER 8.08 (SOLID WASTES) OF TITLE 8 (HEALTH & SAFETY) OF THE SUISUN CITY MUNICIPAL CODE
WHEREAS, the City of Suisun City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, Cal. Const. Art. XI, section 7.
WHEREAS, residents of the City have complained about the nuisances created throughout the City by persons who dump solid waste, bulky items, and potentially hazardous materials.
WHEREAS, the City Council of the City of Suisun City finds that illegal dumping activities pose a danger to public health and safety, decrease property values, lower the quality of life, and contribute to urban blight.
WHEREAS, the City Council finds that in spite of proactive steps to attempt curtail illegal dumping, the problem persists.
WHEREAS, the City Council finds that to minimize spill or intentional illegal dumping of garbage and trash, the provisions of Chapter 8.08 of the Suisun City Municipal Code should be updated to provide additional requirements and enforcement options for the City.
WHEREAS, the City Council finds that materials that are illegally dumped create a nesting area for rodents, insects, and other vermin while impacting the proper drainage of runoff, polluting local waterways, and making areas more susceptible to flooding when draining basins become clogged.
WHEREAS, the City Council finds that persons who use their vehicles for illegal dumping create unhealthful conditions and blight in communities, thereby negatively impacting the quality of life of residents and leading to reduction of property values.
WHEREAS, the City Council finds that illegal dumping activities also place an undue burden on the City, which spends considerable funds every year in cleanup, public education, and enforcement costs.
WHEREAS, the City Council finds that illegal dumping activities and vehicles used in those activities are a public nuisance and the seizure and forfeiture of vehicles that are used for illegal dumping will abate the nuisances caused by this activity in that the vehicles used for these purposes will no longer be available and furthermore, other persons contemplating engaging in illegal dumping will be deterred from using vehicles for these purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY AS FOLLOWS:
SECTION 1. The recitals s et forth above are true and correct, and are incorporated herein by reference.
SECTION 2. Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code is repealed and replaced with the following:
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28 Article I. General Matters.
8.08.100 Definitions.
Except as expressly provided in this section, the definitions contained in Title 14, Division 7, Chapter 3, Article 4 of the California Administrative Code shall govern the interpretation of this chapter. The following words are defined to clarify this chapter:
“Agricultural solid wastes” means wastes resulting from the production and processing of farm or agricultural products, including manures, prunings, and crop residues wherever produced.
“Bulky item” means, but is not limited to, discarded furniture, vehicle parts, appliances, construction materials.
“City Manager” means the City Manager of the City of Suisun City, and includes their designee.
“Construction and demolition wastes” means solid waste composed of building materials, packaging and rubble resulting from the construction, remodeling, repair or demolition of pavements, houses, commercial, industrial or agricultural buildings, and other structures, which are not incident to active, permitted construction. “Contract agent” means and includes an agent or employee of the city or any person, firm, corporation or association, or the agents or employees thereof, with whom the city has contracted under the terms set out in this chapter to collect, transport and dispose of solid waste produced within the geographic boundaries of the city. “Director” means the City of Suisun City’s Director of Public Works, and shall include their designee.
“Improved property” shall mean real property in the City of Suisun City that has been improved with structures or facilities of any kind. “Improved property” shall not include public property or the public right-of-way.
“Garbage” means and includes all putrescible solid and semi-solid waste, including, without limitation, all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. “Hazardous waste” shall have the same meaning as state and federal law, specifically:
Chapter 6.5 (Hazardous Waste Control Law) of the California Health & Safety Code, and the regulations in Division 4.5 of Title 22 of the California Code of Regulations; and the Federal hazardous waste regulations adopted by U.S. EPA as found in Title 40, Code of Federal Regulations, Parts 260- 279, adopted pursuant to Chapter 42, United States Code (Resource Conservation and Recovery Act, also known as RCRA).
California laws are outlined in the statute: California Health & Safety Code, (HSC), Division 20, Chapter 6.5 (Hazardous Waste Control Law). Regulations adopted from the HSC are found in the California Code of Regulations (CCR), division 4.5, title 22. California the individual generating the waste must determine if the waste generated meets the criteria of hazardous waste as defined in 22 CCR section 66261.3.
“Person” means an individual, group, or entity of any kind, whether for profit or nonprofit. 201
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28 “Public place” means any property owned or controlled by a public agency, including but not limited to streets, alleys, gutters, highways, parks, sidewalks and parkways, marinas, parking lots or structures, and improved or unimproved real property. “Refuse” means both garbage and rubbish.
“Rubbish” means and includes all nonputrescible solid and semi-solid wastes, including, without limitation, ashes, paper, cardboard, tin cans, other packaging, yard wastes, wood, glass, bedding, crockery, plastics, rubber by-products and litter. “Recyclable materials” means any materials as so defined in Chapter 8.10.010J of the Suisun Municipal Code.
“Recycling” means the process defined in Chapter 8.10.010(K) of the Suisun Municipal Code. “Refuse receptacle” means any bin or container for the collection of solid waste and recyclables.
“Solid waste” or “solid wastes” means and includes all putrescible and nonputrescible solid and semi-solid wastes, including, without limitation, garbage, trash, refuse, paper, offal, rubbish, ashes, industrial wastes, construction and demolition waste, recyclable materials discarded by their owners, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer processing stations or disposal sites, but excludes sewage collected and treated in a municipal or regional sewerage system. “Vehicle” means any transportation device that requires the driver to have a valid driver’s license for the appropriate class of vehicle being driven, and which transportation device is equipped with a motor. “Vehicle” shall include boats, irrespective of whether the type of boat requires a driver’s license.
“Yard waste” means and includes solid wastes generated from the maintenance of yards, lawns and gardens, such as grass clippings, leaves, and tree and brush trimmings and prunings.
8.08.104 Enforcement of chapter.
The director shall supervise all matters in connection with solid waste collection, transportation, and disposal that concern the public health. All officers with the authority to enforce the codes of the city shall enforce the provisions of this chapter according to state and local law, including but not limited to peace officers, code enforcement officers, and the City Manager.
8.08.108 Applicability.
The provisions of this chapter shall apply, jointly and severally to any person who owns or controls real property, as well as persons, including their agents, who illegally dispose of solid waste, and to persons who own, control, or operate vehicles that are used to illegally dispose of solid waste.
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28 8.08.112 Evidence of ownership
The City may determine ownership of illegally dumped waste in any lawful manner available to it, including but not limited to, mail, receipts, photographs, and security camera footage.
Upon a prima facie showing that a person’s items, solid waste, or personal property have been found in any location where it is unlawful to dispose of such, under circumstances which would lead a reasonable trier of fact to conclude that the items were discarded at that location, shall constitute a presumption that the owner of the waste violated the provisions of this chapter.
8.08.116 Self-disposal by residents.
Nothing contained in this chapter shall be construed to prevent or prohibit any resident in the city from collecting, transporting and disposing of any solid waste created by him or his household, on premises personally occupied by him, provided the same is personally collected, transported and disposed of by him or her in accordance with the rules and regulations prescribed in this chapter and other applicable law.
Article II. Solid waste collection and disposal.
8.08.200 Solid waste receptacle enclosures.
A. All improved properties within the City shall provide permanent solid waste receptacle enclosure facilities. The enclosure shall be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and with a solid gate 6 feet in height providing access to the trash area. If the enclosure is not within a gated building or community, it must also have a roof. Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures shall be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures shall be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25%, but in any event all improved property shall comply with this requirement within 12 months of the effective date of this ordinance. All construction shall be in accordance with applicable city standards.
B. Any property that cannot come into compliance with this requirement due to physical constraints of the property must make application to the Director of Community Development for a minor variation. The provisions of this section will be waived or modified only to the extent necessary to achieve this section’s purposes in light of the restrictions at the property.
8.08.204 Solid waste collection service required.
It shall be the duty of every owner of every improved premise in the City, whether residential, commercial, industrial or institutional, to subscribe to and pay for solid waste collection service from the authorized contract agent. An owner may authorize a tenant to act in their behalf to subscribe and pay for service, but such action shall not relieve an owner from their liability hereunder; and, unless notice to the contrary is given the contractor, any additional services contracted for by a tenant so authorized to act shall be chargeable to the owner.
Residents of the city shall be allowed to place solid waste and yard waste containers in front of their property against the curb for collection on the same day they receive solid waste 203
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28 collection service, provided that this is done in strict accordance with this chapter and Chapter
8.10, as applicable, and any rules and regulations established by the city administrator. The solid waste shall be placed in company-provided containers.
8.08.208 Minimum solid waste receptacle capacity.
Required minimum trash receptacle capacity shall be as follows:
A. Multiple-family unit, housing, 60 gallons per unit. Excluded from this definition of “multiple-family units” (three or more) are specialized housing types, such as congregate care and communal living facilities, senior apartments and other similar group housing arrangements.
B. Every property owner shall have available and utilize receptacles of an adequate size and in sufficient numbers to contain without overflowing, all the solid wastes generated within the designated removal period. This shall be done by subscribing to solid waste collection service available from the city’s solid waste collection contract agent.
8.08.212 Conveyance along streets.
No solid waste shall be transported on any of the streets, alleyways or public thoroughfares of the city unless the same is transported in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown upon the streets and adjacent lands.
8.08.216 Trucks.
Every truck used in the collection, transportation or disposal of solid waste shall be kept well painted and clean, both inside and out.
8.08.220 Exclusive rights of contractor.
At such time as there is in force a contract entered into by the city with any person, firm or corporation for the collection, transport and disposal of solid waste in the city, it is unlawful for any person other than that contract agent and its agents to collect, transport or dispose of any solid waste within the city. Persons other than that contractor and its agents may lawfully collect, transport or dispose of solid waste only where one of the following conditions apply:
A. The solid waste consists only of construction or demolition waste hauled or removed only by the landowner or occupant, an uncompensated third party acting at the request of the landowner or occupant, or a contractor retained by or for the benefit of the landowner or occupant to perform (and actually performing) the construction or demolition services on the property which generate the construction or demolition waste at issue. This exception to the rights of the exclusive solid waste handling contractor shall not apply to any situation in which a third party is hired, through a subcontract or otherwise, to collect, transport or dispose of the solid waste or any portion thereof.
B. The solid waste is limited to abandoned vehicles and parts thereof, discarded home and industrial appliances and furniture, or agricultural solid wastes as defined in Section
8.08.100.
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28 C. The solid waste consists of septic tank pumpings, hazardous wastes or medical wastes which are being collected, transported and disposed of by properly permitted, certified and inspected haulers and vehicles as required by federal, state and local laws and regulations.
D. The solid waste consists only of garbage collected and transported solely for the purpose of feeding animals in accordance with this division and applicable state laws and regulations and the hauler has obtained a garbage feeding permit.
E. The solid waste consists solely of solid waste collected, and transported from a public road right-of-way by a public agency or a construction or demolition contractor retained by the public agency.
F. The solid waste being collected, transported and disposed of consists solely of recyclable material taken from residential construction or demolition waste which recyclable material is being hauled or removed by a third party (acting at the request of the landowner or occupant). Such third party shall have in force a current recycling permit issued by the city requiring that all such materials collected by the permit-holder within the geographic boundaries of the city consist of recyclable material and that all such material be recycled.
Only such haulers and removers of recyclable materials as are duly permitted by the city to engage in such activity may do so pursuant to this exception. Prior to granting any such permit, the city shall require evidence of adequate liability insurance covering the hauler or remover’s operations, and evidence that the hauler or remover has paid in full all required city taxes and business license fees applicable to its operations. The hauler or remover must actually recycle all material hauled or removed and the hauler or remover shall comply with all other requirements and conditions of the permit established by the city.
8.08.224 Contract—Authorized.
For the collection, transportation and disposal of solid waste, a contract may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
8.08.228 Contract—Bond —Scope.
The contract provided for in Section 8.08.224 shall provide that the contractor shall collect and dispose of the solid waste in the city in the manner provided for in this chapter. The contractor shall be required to furnish a cash or surety bond to the city in the penal sum of one hundred thousand dollars conditioned upon the faithful performance of the contract and provisions of this chapter. Such contractor shall have the sole and exclusive right, except as otherwise expressly provided in this chapter, to collect, transport and dispose of all solid waste in the city, including, without limitation, all recyclable solid waste.
8.08.232 Contract—Insurance.
A. Worker’s Compensation. Any exclusive contract agent for solid waste collection, transportation and disposal shall fully comply with applicable California law concerning worker’s compensation. Such compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability such exclusive contract agent may have for worker’s compensation.
B. General Liability Insurance. Any exclusive contract agent for solid waste collection, transportation and disposal shall obtain at its sole cost, and keep in full force and effect during the term of its exclusive solid waste collection, transportation and disposal agreement with the 205
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28 city, broad form property damage, bodily injury, automobile, employers’, and comprehensive form liability insurance in the amount of three million dollars per occurrence: provided (1) that the city, its officers, agents, employees and volunteers shall be named as additional insureds trader the general liability policy, (2) that the policy shall stipulate that this insurance will operate as primary insurance, and (3) that no other insurance maintained by the city or the other named insureds under the contract agent’s policy shall be called upon to cover a loss covered thereunder unless and until such time as the applicable insurance purchased by the contract agent is exhausted by reason of payment of claims. If the coverage limits set forth in this subsection are not reasonably obtainable through the insurance markets, the city manager shall meet and discuss with the contract agent the contract agent’s inability to obtain such coverage, and shall temporarily adjust the coverage requirements set forth in this paragraph to conform to industry standards taking into consideration contract agent’s demonstration that it is responsibly conducting its business and that coverage is not reasonably available at the coverage limits. In no case, however, will the insurance limits required above be any less than one million dollars per occurrence during the aforementioned period of such temporary adjustment.
C. Certificates of Insurance. The exclusive contract agent for solid waste collection, transportation and disposal shall file with the city manager, within fifteen days of the execution of this agreement, certificates of insurance which shall provide that the insurance issuer shall endeavor to provide thirty days written notice to the city manager prior to the effective date of any cancellation, major change in coverage, expiration or nonrenewal of the contract agent’s policies obtained for purposes of satisfying this requirement. In the event of such cancellation, major change in coverage, expiration or nonrenewal of the subject policies, the contract agent shall file with the city manager within forty-five days of such action, a new certificate of insurance which complies with the requirements of this section. Except as provided in the agreement between the city and the contract agent, failure to do so shall constitute grounds for termination of any existing solid waste collection, transportation and disposal franchise agreement with the contract agent.
8.08.236 Audit of contract agent’s books.
The books and businesses of the contractor shall be subject to audit and checking at any reasonable time by the city.
8.08.240 Rates for residential solid waste collection, transportation and disposal.
Any person from whom solid waste is collected or required to be collected under the provisions of this chapter shall pay the contract agent, or other person designated by the city council to receive the same, for such service at rates provided for by the city council. Those rates shall remain in force until amended or modified by resolution of the city council.
8.08.244 Billing charges to become lien.
All billing for waste collection shall be made by the contract agent. All charges shall become delinquent 90 days after the billing date. If the bill remains unpaid after the billing due date, the contract agent shall be entitled to a late charge as approved by resolution by the city council. Contract agent shall provide notice of the late charge on the subsequent bill. Any delinquent accounts may be subject to the lien process. If a bill becomes delinquent, contract agent may send a notice of delinquency to the owner. The form and content of the 206
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28 delinquency notice sent by the contract agent shall be approved by the city. The contract agent shall simultaneously file with the city a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent.
Should the bill remain unpaid at the expiration of the fifteen days following the delinquency notification, the contract agent may assign such bill to the city for lien proceedings. Once the bill is assigned to the city for lien proceedings, as part of the lien proceedings an administrative fee shall also be assessed. Upon the city’s receipt of the assignment from the contract agent and at the convenience of the city, (but at least once every six calendar months), the city may initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered. The lien will be officially recorded in the county recorder’s office. The lien may carry such additional administrative charges as set forth by city council resolution. The owner shall be notified by the city that the late charges and administrative charges are due the city and that such lien has been recorded.
8.08.248 Fees—Commercial, industrial , and institutional.
Each commercial, industrial, or institutional establishment, including, without limitation, each hotel, restaurant, store, factory, plant, office complex, multi-family housing complex and trailer park, shall pay a flat monthly charge to be based on the average amount of solid waste generated by such establishment as per agreement between the contractor and each individual establishment, those rates to be in line with rates charged for comparable service in similar cities within the county and to be subject to review by the city council.
8.08.252 Solid waste department.
The power is vested in the city council to create at any time by resolution a solid waste department of the city, and to collect, transport and dispose of all solid waste as a sanitary measure and as a benefit to the public health.
Article III. Prohibited conduct.
8.08.300 Waste collection and transport.
Except as may otherwise be provided in this chapter, it is unlawful for any person other than the city, or such solid waste contract agent as may be designated by the city under contract and its agents, to collect or transport through the streets, alleys, or public thoroughfares of the city, any solid waste (including, without limitation, recyclable solid waste), hazardous waste, or other matter offensive to the sight or smell, or to collect, transport, or dispose of the same.
8.08.304 Illegal dumping.
A. It is unlawful for any person to throw, drop, place, or deposit bulky items, hazardous waste, or solid waste in a public place or on private property not designated for dumping or disposal purposes.
B. Illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, commonly referred to as littering, including, but not limited to, beverage containers, packaging, wrappers, wastepaper, newspapers, and magazines, and including minimal waste matter that escapes or is allowed to escape from a receptacle or vehicle used for the lawful disposal or transport of solid waste.
8.08.308 Unlawful accumulation.
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28 No person who owns or controls real property in the city shall deposit, keep, accumulate or permit, cause, or suffer any solid waste to be deposited, kept, or accumulated upon that parcel of land, unless same is kept, deposited, or allowed to accumulate as provided in this chapter.
8.08.312 Solid Waste Outside of Receptacles.
It is unlawful for any person, firm or corporation to keep, accumulate, or permit to be accumulated any solid waste upon any private property or public place, unless the same is in an approved receptacle as provided in this chapter, and in the rules and regulations as may be authorized by the franchise agreement and attached thereto as an exhibit.
8.08.316 Burning.
It is unlawful to burn, or cause to be burned, solid waste in the city.
8.08.320 Burying.
It is unlawful for any person or persons to bury solid waste at any place within the city.
8.08.324 Interference.
It is unlawful for any person in any manner to interfere with the collection, transportation or disposal of solid waste (including, without limitation, recyclable solid waste) by any person, firm or corporation authorized by license or contract to collect, transport and dispose of the same.
8.08.328 Emergency removal.
Nothing in this chapter shall be deemed to prohibit the collection, transportation, and disposal by an unlicensed person of materials considered by the health officer or police department to constitute a public health menace of such a nature that it is necessary to be ordered promptly removed.
Article IV Vehicle Forfeiture
8.12.400 Abatement of nuisance vehicle by seizure and forfeiture.
A. Any vehicle used to illegally dump any bulky item, any hazardous waste, or solid waste in violation of this code or other applicable state law is declared a nuisance.
B. Any vehicle used to transport any bulky item, any hazardous waste, or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this article.
C. All such nuisance vehicles shall be abated through seizure and impoundment procedures as provided in this chapter, subject to the exceptions set forth at Section 8.12.420.
D. A nuisance vehicle shall be seized and impounded for 30 days each time such vehicle is determined to be a nuisance under this article.
E. A criminal conviction shall not be required as a prerequisite to any proceeding brought pursuant to this article.
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28 G. Any person who owns, leases, conducts, has control of, or maintains any vehicle used for any of the purposes or acts set forth in this article is responsible for creating a public nuisance.
8.12.404 Seizure of vehicle.
A. An enforcement officer may seize a vehicle subject to forfeiture under this article upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
1. The seizure is incident to an arrest or search under a search warrant;
2. There is probable cause to believe the vehicle was used in violation of this chapter.
B. An enforcement officer seizing a vehicle under this article shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
C. An immediate investigation shall be made by the City as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in this or any other state or appropriate federal agency. Within 2 business days of the vehicle’s seizure, the City shall send a notice of seizure to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.
D. The notice of seizure shall include the following:
1. The name, address and telephone number of the agency providing the notice;
2. Identifying information for the vehicle seized and the authority and reason for the seizure;
3. A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and
4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
E. The City shall provide any potential claimants discovered as a result of the investigation set out in subsection C of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The City may authorize its own officer or employee to conduct the hearing provided the hearing officer is not the same person who directed or participated in the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post- seizure requirement.
F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the city attorney.
8.12.408 Forfeiture and notice of intended forfeiture of vehicle.
A. Within 30 days of receipt of the notice of seizure required in Section 8.12.404, the city attorney may pursue the forfeiture of vehicles seized under this article, as provided in this 209
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28 section. If the city attorney does not commence forfeiture procedures under this section within that 30 day period, title shall revert to the owner and the seized vehicle shall be returned to the owner.
B. If the city attorney determines that forfeiture of the seized vehicle is warranted, the city attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
C. The notice of intended forfeiture shall be served as follows:
1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 8.12.404(C).
2. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
a. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; or
b. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.
3. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
8.12.412 Claim Opposing Forfeiture and Court Proceedings.
A. A person claiming an interest in the seized vehicle must within 10 calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the County of Solano a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the City Clerk within 10 calendar days of the filing of the claim.
B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court, or as soon as the court may schedule such hearing. The city attorney shall file a petition for forfeiture with the court within 10 calendar days of service of the claim upon the city attorney.
A copy of the petition shall be served upon the claimant.
C. The hearing shall be before the Superior Court of Solano County, to be heard by a Superior Court judge. The provisions of the Code of Civil Procedure shall apply to proceedings under this article unless otherwise inconsistent therewith. However, in proceedings under this article, there shall be no joinder of actions, coordination of actions, 210
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28 except for forfeiture proceedings, or cross- complaints, and the issues shall be limited strictly to the questions related to this article.
D. With respect to vehicles described in subsection B for which forfeiture is sought and as to which forfeiture is contested, the city attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.12.404.
E. Upon proof that the vehicle was used for any of the purposes set forth in Section
8.12.404, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Section 8.12.416. The court may make a different distribution of the proceeds if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this chapter.
F. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the city attorney under this article shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the city attorney shall be distributed in accordance with Section 8.12.416. The city attorney ordering forfeiture pursuant to this article shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
8.12.416 Disposal of vehicle and distribution of proceeds.
In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and used in decreasing order of priority as follows:
A. To pay costs associated with the towing, storage, and release of any vehicle seized under this section;
B. To pay costs associated with the sale of the vehicle; C. For the vehicle forfeited to pay a lien holder of record, if any, up to the amount of his, her, or its unsatisfied lien on the vehicle;
D. The remaining funds shall be distributed to the City in an amount equal to all expenditures, other than costs provided for in subsections A, B and C of this section, made or incurred in connection with enforcement of this article, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this article, and attorneys’ fees.
E. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated general fund revenue.
8.12.420 Exceptions to impoundment/seizure of nuisance vehicles.
Notwithstanding the provisions of this article, the City shall return a seized vehicle, and that vehicle shall not be subject to impoundment, upon the determination of any of the following circumstances:
A. The vehicle was actually stolen, provided that:
1. The theft was reported to a law enforcement agency prior to the vehicle’s use in violation of this article;
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28 2. The identity of the registered owner can be reasonably ascertained; and
3. The registered owner redeems the vehicle within 60 days of the seizure.
B. The vehicle is owned by the employer of the person who used it in violation of this article, provided that all of the following apply:
1. The use was made without the employer’s knowledge and consent;
2. The use did not provide a direct benefit to the employer’s business; and
3. The use did not further or advance the employer’s business interests in any way, and the use was of such nature that had the employer known, the use would have resulted in termination or substantial discipline.
8.12.424 Recovery of monetary loss.
Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
8.12.428 Discretion of the city attorney.
From the time the city attorney receives the notice of seizure referred to in Section 8.12.404 to the final decision in forfeiture proceedings, the city attorney has discretion to resolve all proceedings under this article on such terms as may be, in the judgment of the city attorney, in the best interests of the City.
Article V Remedies
8.08.500 Each day a new violation; strict liability; remedies not exclusive.
A. Each day a violation of any provision of this chapter continues is considered a new violation, and may be punished as such.
B. Violations of any of the provisions of this chapter constitute strict liability offenses.
C. The city may enforce the provisions of this chapter through all means available to it at law and equity, and remedies may be used in combination and shall not be exclusive of each other.
8.08.504 Violations declared a public nuisance.
Any violation of this chapter is hereby declared a public nuisance, which may be abated in accordance with the provisions of this chapter, Chapter 8.12, or applicable state law, including recoupment of enforcement and abatement costs, and attorneys’ fees related thereto.
8.08.508 Additional penalties and remedies.
A. Any violation of this chapter may be punished pursuant to Chapters 1.08 and 1.20.
B. In the event of a conviction of a violation of this chapter and under appropriate circumstances, the court may order the defendant to pay restitution to any person who has incurred out-of-pocket expenses as a result of clean-up following illegal dumping, in addition to any other penalties.
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28 D. The City may order the owner of a property subject to repeated illegal dumping to fence the property, following notice and order and an opportunity to be heard.
SECTION 3. EFFECT OF AMENDMENTS. Except as otherwise specifically provided in this Ordinance, all other provisions of Title 8 of the City of Suisun Municipal Code remain the same.
SECTION 4. ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law. .
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ________ day of ________________ 2023.
Alma Hernandez, Mayor
ATTEST:
Anita Skinner
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
_______________________________
Aleshire & Wynder, LLP
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28 CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex- officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on , 2023 and passed and adopted at a regular meeting of said City Council held on , 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this day of 2023.
Anita Skinner
City Clerk
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CHAPTER 8.08 PROPOSED UPDATES
Elena Q. Gerli, City Attorney
September 19, 2023
1 Background
• Illegal Dumping and Trash ad hoc committee recommended code updates to better address the illegal dumping; before Council in April.
• Council direction included updating Chapter 8.08 (Solid Wastes) • Amend the chapter to also make any violation a public nuisance, subject to the provisions of Chapter 8.12, and enforceable by peace officers and by the City Manager and their designee.
• Amend the chapter to require that trash receptacles be secured and enclosed.
• Review the Butte County Illegal Dumping Codes (Section 49-4) and zero tolerance programs/ordinances from other jurisdictions for additional enforcement tools.
• Increase the amount of civil fines.
• Review definitions and prohibited conduct to ensure that language provides the City with the maximum enforcement flexibility. 2 1
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Increased fines to follow
• The increased fines will be back before the Council at a meeting in the near future, as part of a further set of code amendments to update Chapters 1.08, 1.16, and 1.20.
• The increased fines will apply to more than just Chapter 8.08. 3 Reorder and Renumber
• Article I General Matters
• Article II Solid Waste Collection and Disposal
• Article III Prohibited Conduct
• Article IV Vehicle Forfeiture
• Article V Remedies
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Updated definitions
• Newly defined terms include
• Bulky items
• Improved property
• Hazardous waste
• Person
• Public place
• Refuse receptacle
• Vehicle
• Clear definitions provide guidance to staff and the public, and make the ordinance easier to enforce.
5 Prohibited conduct
• Current code prohibits unauthorized waste collection and transport, unlawful accumulation of waste, waste outside of receptacles, burning or burying waste, and interfering with the lawful collection and removal of waste
• Adds illegal dumping:
• “It is unlawful for any person to throw, drop, place, or deposit bulky items, hazardous waste, or solid waste (except for construction materials being used during construction, and these only temporarily under a building permit) in a public place or on private property not designated for that dumping or disposal purpose.” • Does not include littering.
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Trash receptacles
• Receptacles on all improved properties must be kept within enclosures (commercial/industrial/multi-family?)
• Enclosure must be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other
material of similar strength; enclosed on all sides; and with a solid gate 6 feet in height providing access to the trash area. • Properties must come into compliance within 12 months 7 Remedies
• Violations constitute a public nuisance, and abatement can be pursued under Chapter 8.12 (the updated chapter will be coming to Council shortly).
• Violations may also be punished under Chapters 1.08 and 1.20 of the SCMC.
• Each day a violation of the ordinance continues will be considered a new violation and can be punished as such.
• Violations are strict liability offenses, which means that there is no intent requirement.
• The Ordinance imposes liability, jointly and severally, on persons who illegally dump and on property owners who allow waste to accumulate.
Note also that Chapter 8.12 includes provisions that address the condition of property and also cover accumulation of trash and debris. • Vehicle forfeiture for vehicles used in the commission of illegal dumping.
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Thank you
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AGENDA ITEM NO. 7
AGENDA TRANSMITTAL
MEETING DATE:
September 19, 2023
CITY AGENDA ITEM:
Council Adoption of Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Villalobos & Associates for the Rectangular Rapid Flashing Beacons Project.
FISCAL IMPACT:
There will be no fiscal impact on the General Fund from awarding the construction contract for the Rectangular Rapid Flashing Beacons Project (Project), Project No. HSIPL-5032(037).
This Project is 100% funded by Highway Safety Improvement Program (HSIP) Cycle 10 grant funds ($249,800). No local match was required; however, additional funds were required to complete the design phase of this Project. The Off-Site Street Improvement Program (OSSIP) fund augmented the design budget by contributing $52,800 so that this phase could be completed. Total design budget was $69,000 with $233,600 budgeted for construction.
STRATEGIC PLAN:
Provide Good Governance and Enhance the Environment.
BACKGROUND:
On March 26, 2021, the City was awarded a total of $249,800 in Highway Safety Improvement Program (HSIP) Cycle 10 grant funds for the design and construction of the Rectangular Rapid Flashing Beacons Project (Project).
STAFF REPORT:
The construction bid documents for the Project were initially advertised in the Daily Republic newspaper on the following dates: a) June 30, 2023, and b) July 7, 2023. Although City staff had reached out at the start of the advertisement period to general contractors and electrical contractors who have previously submitted bids on similar City project, as well as posted the advertisement/construction documents at various Building Exchanges, no bids were received on the bid opening date of July 24, 2023. According to a number of contractors, they were either busy and/or had forgotten about the bid opening date for the Project.
The construction bid documents were re-advertised in the Daily Republic newspaper on the following dates: a) July 28, 2023, and b) August 4, 2023. Bids were due on August 23, 2023, at 2:00 PM. Six (6) bids were received and read aloud immediately following the submittal deadline. Prior to the bid opening, it was announced to the contractors that the contract award will be based on a construction budget of $210,000. This dollar amount leaves enough in the construction budget for a 10% contingency. It was also clarified in the construction bid documents and at the bid opening that if the bids received for the base project plus the one additive alternate exceeded the City’s construction budget, only the base project would be awarded if the bid for the base project is within the construction budget.
The bid submitted by Villalobos & Associates represents the lowest bid received and was determined by staff to be a responsive bid. Given that Villalobos & Associates’ bid for the additive alternate plus their bid for the base project exceeds the construction budget, the additive alternate cannot be included in the contract. The six bids received for the Project are as shown in Attachment No. 3, which includes the amounts each vendor submitted for the base project and for the additive alternate.
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The Project scope has been developed in coordination with the Traffic Committee and with the Safe Route to School (SR2S) Task Force Committee. The scope includes pedestrian crossing improvements including installation of rectangular rapid flashing beacons (RRFB), bulb-outs, high visibility crosswalks and signage at each of the three (3) locations. Project locations included in the bid package are as follows (See Location Map – Attachment No. 2):
Location #1 (Base Project) - Golden Eye Way at Shoveller Drive, fronting Suisun Elementary School.
Location #2 (Base Project) - Harrier Drive, north of Osprey Way, fronting Dan O. Root Elementary School.
Location #3 (Additive Alternate) - Pintail Drive at Crane Drive, fronting Dan O. Root Elementary School and Goepp Park.
The HSIP Cycle 10 allocation of $233,600 for construction will be enough to cover the construction contract for this Project without any need for City funds, therefore staff recommends awarding the construction contract in the amount of $201,846 to Villalobos & Associates for the base project, including a contingency in the amount of the remaining balance of $31,754 in the construction budget towards in-house inspections, in-house construction management, and addressing unforeseen items.
STAFF RECOMMENDATION:
Adopt Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Villalobos & Associates for the Rectangular Rapid Flashing Beacons Project.
DOCUMENTS ATTACHED:
1 .
Resolution No. 2023-__: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Villalobos & Associates for the Rectangular Rapid Flashing Beacons Project.
2 .
Project Location Map.
3 .
Bid Results Table.
4 .
Contract Agreement
PREPARED BY:
Gemma Geluz, Administrative Assistant II
REVIEWED BY:
Nouae Vue, Public Works Director
APPROVED BY:
Kris Lofthus, Deputy City Manager
ATTACHMENTS:
1. Resolution Authorizing the City Manager to Enter into a Construction Contract for the Rectangular Rapid Flashing Beacons Project.pdf
2. Project Location Map.pdf
3. Bid Results Table.pdf
4. Contract Agreement.pdf
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT ON THE CITY’S BEHALF WITH VILLALOBOS & ASSOCIATES
FOR THE RECTANGULAR RAPID FLASHING BEACONS PROJECT
WHEREAS, the City was awarded a total of $249,800 in Highway Safety Improvement Program (HSIP) Cycle 10 grant funds for the design and construction of the Rectangular Rapid Flashing Beacons Project (Project), $16,200 for design and $233,600 for construction; and WHEREAS, the construction documents for the Project have been completed for pedestrian crossing improvements at three (3) locations fronting two (2) elementary schools; and WHEREAS, the proposed improvements have been developed in coordination with the Traffic Committee and the Safe Routes to School (SR2S) Task Force Committee and will include rectangular rapid flashing beacons (RRFB), bulb -outs, high visibility crosswalks and signage at each of the three locations; and
WHEREAS, the three Project locations included in the bid package are 1) Golden Eye Way at Shoveller Drive (base project), 2) Harrier Drive, north of Osprey Way (base project), and 3) Pintail Drive at Crane Drive (additive alternate); and WHEREAS, the construction bid documents for the Project were advertised on July 28, 2023 and August 4, 2023; and
WHEREAS, the City received six (6) bids on August 23, 2023, by 2:00 pm, at which time the bids were opened and read aloud; and
WHERAS, it was also announced to the contractors at the bid opening that the contract award will be based on a construction budget of $210,000; and WHEREAS, the City Public Works Department has reviewed the six (6) received bids, and determined that Villalobos & Associates provided the lowest responsive bid of $201,846 for the base project; and
WHEREAS, Villalobos & Associates’ bid for the additive alternate plus their bid for the base project exceeds the construction budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to enter into a construction contract on behalf of the City with Villalobos & Associates for the Rectangular Rapid Flashing Beacons Project in the amount of $201,846 for the base project, including a contingency in the amount of the remaining balance of $31754 in the construc tion budget towards in- house inspections, i n-house construction management, and addressing unforeseen items, and to take any and all ne cessary and appropriate actions to implement this contract.
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Resolution No. 2023-
Adopted September 19, 2023