HomeMy WebLinkAbout2022 CON Burke, Williams & Sorensen, LLP - Deputy City Attorney CoverageAGREEMENT FOR LEGAL SERVICES
BY AND BETVVEEI
THE CITY OF NATIONAL CIT'
AND
BURKE, WILLIAMS & SORENSEN, LLP
THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made as ofthe
18th day of April, 2022 between THE CITY OF NATIONAL CITY, a municipal
corporation, (the "CITY") and BURKE, WILLIAMS & SORENSEN, LIT, (the "FIRM").
This Agreement sets forth the parties' mutual understanding concerning legal services to be
provided by the FIRM and the fee arrangement for said services.
Article 1. Retainer, The CITY hereby retains the FIRM to assist in providing
Deputy City Attorney coverage to the City's Office of the City Attorney subject to this
Agreement.
Article 2. Effective Date and Term. . This Agreement shall be effective on
April 18, 2022 and continue until written notice of cancellation. This Agreement may be
terminated at any time by either party with sixty .days' written notice to the other. Notice
oftermination by the FIRM shall be given to the City Attorney.
Article 3. a f Services. The CITY shall have the right in its sole discretion
to determine the particular services to be performed by the FIRM under this Agreement.
These services may include the following: general legal services regarding municipal law
matters as per the Proposal attached as Exhibit A, and communications with City staff
("LEGAL SERVICES"). It is expected .that the FIRM will work with the Mrs City
Attorney and staff.
Article 4. Compensation. Compensation paid under this Agreement shall be as
set forth in the Proposal attached as Exhibit A.
A. The FIRM shall not use more than one attorney for the same specific
task without the CTT's approval. The FIRM may use the minimum number of attorneys
for this engagement consistent with good prdfessional practice after consulting with and
obtaining approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the
scope of services described above in Article 3 to be agreed to by the City Attorney and the
FIRM. The CITY shall not be obligated:to pay the FIRM amounts not discussed, budgeted,
and agreed to before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment
of an amount not to exceed $50,000.00 for legal services and out-of-pocket disbursements
pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements
exceed this amount without written authorization ofthe CITY. The CITY and the FIRM may
agree to a lesser amount for individual projects within the Scope of Services.
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D. The FIRM shall keep the CITY advised monthly as to the level of
attorney hours and client services performed under Article 1. The FIRM will not charge the
CITY for travel time; however, the FIRM may charge for work performed for the CITY
during any travel time.
E. The, CITY further agrees to reimburse the FIRM, in accordance with
the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express
deliveries, document reproduction, client -requested clerical overtime, lodging, and similar
out-of-pocket expenses charged by the FIRM as a standard practice to its clients generally,
with the exception of travel and meals. In any billing for disbursements, the FIRM shall
provide the CITY with a statement breaking down the amounts by category of expense. The
following items shall not be reimbursed, unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether
expressed as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local
telephone, postage, receipts or transmission of telecopier documents, or any other items
traditionally associated with overhead.
(3) Photocopy charges in excess of .1 (fifteen cents) per page.
(4) Auto mileage rates in excess of the rate approved by the
Internal Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand
overtime, the CITY will consider reimbursement on a case -by -case basis. The CITY will not
reimburse overtime incurred for the convenience of the FIRMS failure to meet deadlines
known in advance.
(6) Equipment, books, periodicals, research materials,
Westlaw Lexis or like items.
(7) Express charges, overnight mail charges, messenger services
or the like, without the CIT 'S prior consent. The CITY expects these expenses to be
incurred in emergency situations only. Where case necessity requires the use of these
services, the CITY will consider reimbursement on a case -by -case basis.
(8) Travel and meals.
(9) Late payment charge or interest. Due to the nature of the
CITY's payment process, the CITY will not pay any late charges or interest charges to bills.
Every effort will be made to pay bills promptly.
F. Bills from the FIRM should be submitted to Charles E. Bell, Jr., City
Attorney, 1243 National City Boulevard, National nal City, CA 91950-4301. The individual
time and disbursement records customarily maintained by the FIRM for billing evaluation
and review purposes shall be made available to .the CITY in support of bills rendered by the
FIRM.
G. The FIRM agrees tO forward to the CITY a statement of account for
each one -month period of services under this Agreement, and the CITY agrees to
compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to
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the number of attorney hours and client disbursements which have been incurred to date
under this Agreement, and as to future expected levels of hours and disbursements.
H. Billing Format. Each billing entry must be complete, discrete and
appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved.
For instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and
the related work product should be reference ("telephone call re: trial brief," "interview in
preparation for deposition").
(e) The biller's professional capacity (partner, associate,
paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support,
administrative costs, overhead costs, outside expenses or excessive expenses. For example,
the CITY will not pay for secretarial time, word processing time, air conditioning, rental of
equipment, including computers, meals served at meetings, postage, online research, or the
overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses
-such as messenger delivery fees, outside photocopying, videotaping of depositions,
investigative services, outside computer litigation support services, or overnight mail.
(b) Due to the nature of the Mrs payment process, the
CITY will not pay any late charges. Every effort will be made to pay bills promptly.
I. Staffing. Every legal matter should have a primarily responsible
attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the C1TY's
representative may review staffing to insure that it is optimal to achieve the goals of the
engagement at the least cost.
(1) Paralegals are to be used to the maximum extent possible to
enhance efficiency and cost-effectiveness. All tasks typically considered associate work
should be considered for assignment to a paralegal. Written authorization from the CITY
must be had before associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an
engagement, that person should continue on the legal matter until the matter is concluded or
the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney
up to speed.
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(3) If more than one attorney is going to perform the same task,
prior approval from the CITY must be had. This includes document review.
Article 5. Independent Contractor. The FIRM shall perform services as
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the
FIRM without prior written consent of the CITY. Retention of the FIRM is based on the
particular professional expertise of the individuals rendering the services required in the
Scope of Services.
Article 6. c on i_den ialit of work. All work performed by the FIRM
including but not limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the
CITY. All such work product shall be confidential and not released to any third party
without the prior written consent of the CITY.
Article 7. Compliancewith Contronipe Law. The FIRM shall comply with
all applicable laws, ordinances, regulations, and policies of the federal, state, and local
governments as they pertain to this Agreement. In addition, the FIB shall comply
immediately with any and all directives issued by the CITY or its authorized representatives
under authority of any laws statutes, ordinances, rules, or regulations. The laws ofthe State
of California shall govern and control the terms and conditions ofthis Agreement,
Article 8. Acceptability of Work. The CITY shall decide any and all questions
which may arise as to the quality or acceptability ofthe services performed and the manner
of performance, the acceptable completion of this Agreement and the amount of
compensation due. If the FIRM and the CITY cannot agree to the quality or acceptability of
the work, the manner of performance, or the compensation payable to the Filthil in this
Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10)
business days, the FIRM and the CITY shall each prepare a report which supports their
position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance or the
compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold
the CITY and its agents, officers, employees, and volunteers harmless from and against all
claims asserted or liability established for damages or injuries to any person or property,
including injury to the HMI's employees, agents, or officers, which arise from or are
connected with or caused or claimed to be caused by the acts or omissions ofthe FIRM and
its agents, officers, or employees in performing the work or other obligations under this
Agreement, and all expenses of investigating and defending against same; provided,
however, that this indemnification and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the CITY, its agents,
officers, employees, or volunteers.
Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase
and maintain throughout the term ofthis Agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with
minimum limits of$1,00,000 per claim.
B. Automobile Insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage of
$1,000,000 combined single limit per accident. Such automobile insurance shall include
owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers,
agents, employees, and volunteers as additional insureds, and a separate additional insured
endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of
either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence
and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and
property damage arising out of its operations, work, or performance under this Agreement.
The policy shall name the CITY and its officers, agents, employees, and volunteers as
additional insureds, and a separate additional insured endorsement shall be provided. The
general aggregate limit must apply solely to the "location". The 'location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all ofFIRM'S employees and employers' liability insurance
with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with
a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, ifiei ls, employees, and volunteers, so that any other policies held by
the CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty 0 days prior written notice to the CITY's Risk Manager, at the address listed in
subsection G below, of cancellation or material change.
F. If required insurance coverage isprovided on a "claims made" rather
than "occurrence" form, the FIRM shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro"
date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this
Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 1 -4 9'
H. Insurance shall be written with only insurers authorized to conduct
business in California that hold a current policy holder's alphabetic and financial size
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category rating of not less than A:VII II according to the currentBests Key Rating Guide, or
a company of equal financial stability that is approved by the CITY's Risk Manager, In the
event coverage is provided by non -admitted "surplus lines" carriers, they must be included
on the most recent List of Approved Surplus Line Insurers "LRLI"and otherwise meet
rating requirements.
I. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with and
approved by the CITY's Risk Manager. If the FIRM does not keep all insurance policies
required by this Article 10 in full force and effect at all times during the term of this
Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of
this Agreement and terminate the Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must
be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Article 10, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
K. Ifthe FIRM maintains broader coverage or higher limits r both) than
the minimum limits shown above, the CITY shall be entitled to the broader coverage or
higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the CITY.
Article 11. prue Free Work Place. The FRM agrees to comply with the
CITY's Drug -Free Workplace requirements. Every person awarded a contract by the CITY
for the provision of services shall certify to the CITY that it will provide a drug -free
workplace. Any subcontract entered into by, the FIRM pursuant to this Agreement shall
contain this provision.
Article 12. NonDiscrimination Provisions. The FIRM shall not discriminate
against any subcontractor, vendor, employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical
handicap, or medical condition. The Frm will take positive action to insure that applicants
are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the .following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The FIRM
agrees to post in conspicuous places available to employees and applicants for employment
any notices provided by the CITY setting forth the provisions of this non-discrimination
clause.
Article 13. Njitification of Chanae,i4Forni. The FIRM has the right to effect
changes in form including but not limited to: the change in form from a partnership to a
professional law corporation; the change in form of any partner or partners from an
individual or individuals to a professional law corporation; the change in form of any
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corporate partner or partners to any individual partners. The CITY shall be promptly notified
in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States
mail, postage paid. When so given, such notice shall be effective from the date of mailing
of the notice. Unless otherwise provided by notice in writing from the respective parties,
notice to the Agency shall be addressed to:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City ofNational City
1243 National City Boulevard
National City, CA 91950-4397
and to: ebell@nationalcityca.gov
l eh @nati on ale it;e , o
Notice to the FIRM shall be addressed to:
Elizabeth A. Mitchell
Burke, Williams & Sorensen, LIT
501 West Broadway, Suite 1600
San Diego, CA 92101
and to: je1sh@bwslaw.eom.
emitchell@bwslaw.com
Nothing contained in this agreement shall preclude or render inoperative service or
such notice in the manner provided by law.
Nothing contained in this Agreement shall preclude or render inoperative service or
such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence. Time is of the essence for each provision of this
Agreement.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but ore and the same instrument.
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C. Headings. Any captions to, or headings of, the sections or subsections
of this Agreement are solely for the convenience ofthe parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of
this Agreement or any provision hereof.
D. California Law. This Agreement shall be construed and interpreted
in accordance with the laws ofthe State of California. The venue for any legal action arising
under this Agreement shall be in either state or federal court in the County of San Diego,
State of California.
E. Integrated Agreement. This Agreement including attachments and
exhibits contains all of the agreements of the parties and all prior negotiations and
agreements are merged in this Agreement. This Agreement cannot be amended or modified
except by written agreement, and mutually agreed upon by the CITY and the FIRM.
F. Severability. The unenforeeability, invalidity, or illegality of any
provision ofthis Agreement shall not render the other provisions unenforceable, invalid, or
i l legal,
G. Waiver. The failure of the CITY to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or
its enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM
shall not perform services of any kind for any person or entity whose interests conflict in
any way with those of the CITY. This prohibition shall not preclude the CITY from
expressly agreeing to a waiver of a potential conflict of interest under certain circumstances.
I. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to confer
any rights upon, or obligate any of the parties hereto, to any person or entity other than the
parties hereto.
J. Exhibits and Schedules. The Exhibits and Schedules attached hereto
are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,
schedules, or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement shall control.
K. Construction. The parties acknowledge and agree that i each party
is of equal bargaining strength, ii each party has actively participated in the drafting,
preparation and negotiation ofthis Agreement, and (iii) any rule or construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement, or any portions hereof, or any amendments hereto.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date.
and year first above written.
CITY OF ATIAL
By:
CITY
APPROVED AS TO FORM:
Charles E. Bell Jr., C. ttorney
oileof
BURKE, WILLIAMS
SORENSEN, , LLP
By:
Ottdc
Managing Partner
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Proposal to Provide Legal Services to the
CPI Naticthat City
Proposed Attorney:
Elizabeth A. Mitchell
Burke, Williams & Sorensen, LLP
501 West Broadway, Suite 1600
San Diego, California 92101
Phone: 619.814.5819 I Email: emitchell@bwslaw.com IVIarch Submitted: 23, 2022
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TABLE OF CONTENTS
BURKE, WILLIAMS & SORENSEN, LL.P
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STATEMENT T F UNDERSTANDING AND METHODOLOGY 1
PROJECT RELATED EXPERIENCE 3
PROJECT PERSONNEL
Elizabeth A. Mitchell
Kristin S. Steinke
Johanna N. Caritas 3
SCHEDULE OF RATES
Hourly Rates
Adjustments
Reimbursements
Billing Format and Procedure 10
REFERENCES ENCES 10
ADDITIONAL REQUIRED INFORMATION 11
About Burke 11
Ability to Provide Local Service 12
Principals and Officers of the Firm 12
Customer Service and Quality Assurance Philosophy 13
Education on Best Practices 14
Legal Research 14
Commitment to Diversity 14
CONCLUSION . 15
Proposal to Provide Legal Services Page i
to the City of National City
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March 23, 2022
Charles E. Bell, Jr.
City Attorney
City of National City
1243 National ll City Blvd.
National City, California 91950
Re: Proposal to Provide Interim Deputy City Attorney Services
Dear Mr. Bell:
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Direct No.: 951.801.6625
evail@bwsiaw.com
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On behalf of Burke, Williams 84. Sorensen, LLP ("Burke"), l am pleased to submit this response
to the Request for Qualifications issued by the City of National City("City"). Burke is extremely
interested in the possibility of providing Interim Deputy City Attorney, services to the City.
Founded in 1927, Burke is a diverse, dynamic, and preeminent public law firm. For over 90
years, the representation of public agencies has been the cornerstone of Burle's legal practice.
The firm currently serves the legal needs of over 200 local governmental entities, including
cities, counties, joint .powers authorities, and water and school districts. We take pride in our
long-standing tradition of providing excellent legal services at reasonable rates and believe our
team at Burke offers the depth, expertise, and commitment that the City seeks from its counsel.
Ours is a rich tradition of providing high quality advice and services to public agencies. We are
prepared to work closely with you on the legal services you need while your Deputy City
Attorney is out on maternity leave.
As described in the attached materials, we propose that Elizabeth M. Mitchell serve as the point
of contact. Elizabeth will be assisted by a team selected to provide able legal representation
tailored to the City's needs including partners Kristen S. Steinke and Johanna N. Canlas.
Thank you for considering us. If you have any questions regarding this proposal, or if you would
like additional information, please feel free to contact me at the number listed above. We look
forward to hearing from you.
Very truly yours,
Burke, Williams & Sorensen, L
Eric S. Vail
Partner and Chair
Public Law Practice Group
Los Angeles - Inland Empire - Mann County - Oakland - Orange County - Palrn Desert - San Diego - San Francisco - Siticon Valley - Ventura County
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STATEMENT OF UNDERSTANDING AND METHODOLOGY
We understand that the City needs an attorney to perform the full range of general legal
services, including regarding labor and employment yment law matters on an interim basis. Tasks
expected include performing legal research on all aspects of local government and acting as a
legal advisor to City departments on a variety of legal issues, including public contract law,
public finance law, land use and planning, Brown Act and the Political Reform Act. We also
expect to prepare, review and examine contracts, agreements, briefs, motions, bid protests,
dispute resolutions, change orders, delay claims, and other legal documents for City
departments, assist in legislative development for the City including researching, reviewing, and
preparing proposed ordinances, resolutions, policies and other legislation, and perform legal
research and provide legal opinions for review and approval of the City Attorney. Finally, we will
staff and support the Planning Commission.
Elizabeth Mitchell will be our primary point of contact between the City and Burke and will be
responsible for implementing the directives of the City. Elizabeth will work directly with the City
Attorney to maintain the timeliness, quality, and cost effectiveness of the legal services provided
by the firm.
For routine questions, our goal is to respond as soon as possible, but within 24 hours at the
most. When a response requires additional research, review of documents, or drafting, a
response time will be arranged to fit the needs of the City. There is no average time to perform
substantive tasks like drafting agreements or modifying ordinances, as each of these situations
differs in complexity and exigency. With this type of work, our goal is to respond to the City's
needs in a way that is efficient but also provides an excellent work product.
Our team flags incoming work with due dates to make sure that requests are appropriately
prioritized and timely completed. Burke attorneys utilize smartphories, tablets, laptops and the
firm's remote server to seamlessly work from any location. The physical location of Burke's
attorneys presents no barrier to timely responses.
Elizabeth will be available to the City Attorney and City Staff by phone, text or email at all times
within reason. If she isnot available at the exact moment a call, text or email is sent, the City
can expect a response the same day. She is also available for in person and Zoom or Teams
meetings as needed.
Our team's general approach would be as follows:
• Learn your customary way of working, so that we complement the work done by staff both
inside and outside the City Attorney's office.
• Build upon the existing forms and practices, avoiding reinvention unless it will lead to
increased efficiency or is needed based on a change in the law.
▪ Take advantage of the fact that we represent, as general or special counsel, many public
agencies and can spread the cost of preparing memoranda on new cases and legislation
over many clients.
Proposal to Provide Legal Services Page 1
to the City of National City
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• Take advantage of Burke's experienced lawyers who are efficient in their areas of
practice, such as public contracting and employment law.
▪ Use standard forms, adapted for your particular style and preferences, to expedite
document review and electronic document drafts.
• Limit written memoranda to cases where they are requested.
▪ Respond promptly and work together to avoid unnecessarily rushed jobs, knowing that
some are inevitable.
sP Offer realistic, pragmatic advice, including alternatives and related risk/benefit analyses
when appropriate, and where possible, make affirmative recommendations or try to
describe the factors that would favor one alternative over another.
To the extent that workflow or other questions arise, Elizabeth will promptly address them to
ensure that we provide the best service possible within the City's budget and consistent with
your organizational goals and applicable law.
While we will readily conform our style to the City's desires and needs, our preferred style of
working with the City Attorney and other staff members is collaborative, as partially described
above. We use our time with them to understand what their challenges are and to provide
explanations as well as direction and answers. We try to keep abreast of their workloads and
assignments, and to provide them with the necessary legal tools, as well as advice, in
exchange.
We consider it vital that our clients understand that we do not make policy choices, and instead
reserve that to the City Council and staff. We enjoy vigorous discussions when appropriate.
Once a decision is made to pursue a particular path, we work hard to reach the desired end.
When applicable laws might restrict one proposed path of achieving a certain policy goal, we
endeavor to find creative, legally valid alternative paths to achieve the desired goal.
We believe that our job is to make the rules and legal options as clear as possible so that the
elected and appointed officials are empowered to represent the people who chose them. The
City Council and residents establish policy and decide what they. wish their government to do; it
is our job to work with the City Attorney and staff to find ways to accomplish these goals. On
occasion, it is our job to advise that a goal is not attainable or that it conflicts with state or
federal constitutional or statutory limits on governmental powers.
Our style at Planning Commission meetings varies with the preferences of the City Attorney,
staff and commission members. We can sit quietly until called upon Or until a possible problem
emerges, such as a Brown Act violation, that requires intervention to protect the City), or signal
the Chair that we have something to say that may be useful, depending upon your preference.
ti
Proposal to Provide Legal Services Page
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PROJECT RELATED EXPERIENCE
Founded in 1927, Burke is one of a handful of private law firms that originated the practice of
public law in California. Ore of our founding partners, Louis Burke, helped form the municipal
law department of the League of California Cities and was one of two Burke partners to serve as
a California Supreme Court Justice. We are proud to maintain one of the leading public law
practices in the State and of our deep commitment to public agencies.
Our Public Law Group represents over 200 public agencies as City Attorney, general counsel,
or special counsel, in all manner of advisory, transactional, and litigation matters. Our attorneys
have experience in virtually every field .of public law, including:
Brown Act Issues
Public Records Act Issues
Conflicts of Interest
Election Contests, Recalls and Initiatives
First Amendment Issues
Cannabis
Real Estate and Development
Land Use Planning and Zoning
CEQA, NEPA and Environmental Law
Endangered Species
Condemnation and Eminent Domain
Code Enforcement and Receivership
Housing. and HUD Issues
Rent Control
Economic Development
&ustainability and Green Building
Development Agreements
Groh th Management
Taxes, Fees and Assessments
Annexation and Incorporation — LAFCO
Proceedings
Public Works and Contracts
Procurement and bid protests
Joint Powers Authorities
AB 1600 Fees
Proposal to Provide Legal Services
to the City of National City
▪ Trial and Appellate Litigation
• Tort Liability
▪ Franchises and Utilities
▪ Stormwater, NPDES and Clean Water Act
▪ Public Finance and Taxation
2 Asset Foreclosure Mitigation Fee Act
▪ Telecommunications
• Solid Waste Franchising
▪ Water and Water Quality
• Stormwater and Urban Runoff Permitting
Water Law and Prop 218
• Labor Negotiations
▪ Personnel Matters
Police and Section 1983 Civil Rights Claims
▪ Grievances
▪ Meyers-iilias-Brown Act
• Title VII
Ca1PERS PERL, PEPRA, PEMHCA)
• Disciplinary Hearings
Public Safety Officers Procedural Bill of
Rights
▪ California FEHA and federal FMLA
▪ ADA Matters
▪ Workers' Compensation and Employee
Benefits
Page
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BUR R, WILLIAMS & RE NSE , LIP
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Burke currently represents over 200 public agency clients. Burke's attorneys currently serve as
City or Town Attorney for the following California cities and towns:
City lT
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of calistoa .'1_ _._
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City of Ca pito la 2019
City of Carmel -by -the -Sea 2019
Ci of Cathedral City 2016
Ci of Coronado 2020
Cit of Delano 2017
Ci of Eastr ate 01
ci of Foster city 2g1
Citf._.Healdsburg g1
Ci of Lawndale o21
ci of Lemon Greve 2g1
Cit of Menlo Park 2021
City of Monte Sereno 2019
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city of Piedmont � 1 o
City of Rialto oo
city of Rohnert Park 010
City of Rolling Hilis Estates 1 g
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Town of Ross 2 01
City of San Carlos 1
City f San Marino 021
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city of Ba usa lito - 2g 1
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Town of Tiburron 201
City of Watsonville g2
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Town of Yucca Valley - _ - 2018
Over our decades of experience in public law, we have advised on, prepared policies for, or
litigated virtually every need and circumstance confronted by a local government entity in
California. In addition to providing legal advice, we try to proactively anticipate the needs of our
clients so that we can work collaboratively to find creative, cost-effective solutions to their legal
issues.
We regularly work closely with staff in the preparation of agendas and agenda packets,
including reviewing agenda descriptions for open and closed session items and preparing and
reviewing staff reports, resolutions, and ordinances. We routinely participate in Council and
Planning Commission and other meetings and have substantial experience in working with
clients to ensure compliance with Brown Act and due process requirements. We regularly
conduct trainings and workshops on public agency ethics B 1234), the Brown Act, the Public
Records Act, employment law, as well as emerging areas of law. We track the development of
significant relevant legislation and court rulings and regularly publish updates and analyses.
Proposal to Provide Legal Services Page
to the City of National city
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PROJECT PERSONNEL
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BURKE, WI LLIANIS & ORE E , LLP
Elizabeth A. Mitchell
Elizabeth Mitchell has been practicing law for over 22 years and has a
wide depth and breadth of legal experience, including specializing in
public sector law for almost seven years. She has served as acting city
attorney, assistant city attorney and deputy city attorney for five cities in
San Diego County and as acting general counsel and assistant general
counsel for public agencies, special districts and non -profits in San
Diego County,
Elizabeth has represented the City of Coronado and the City of Solana
Beach, starting as Deputy City Attorney and rising to the only Assistant City Attorney for both
cities and sewing as Acting City Attorney for almost six years. Elizabeth works closely and
regularly with staff in every department in every area of public and municipal law, including
government contracting, procurement issues, complex commercial and real estate transactions,
and water law. She drafts, reviews and revises contracts, real property purchase and sale
agreements, leases, loam agreements, deeds, easements, real property covenants, transfers of
personal and intellectual property, franchise agreements, disposition and development
agreements, employment agreements and other documents. Elizabeth acts as lead negotiator
in a variety of real property acquisition, financing, land use and planning, affordable housing
projects and public projects both on the agency and developer side. She provides training to
staff and advises on competitive bidding, non-competitive procurements, bid protests, change
orders, delay claims, federal and state audit issues and compliance with various state and
federal laws, including procurement programs and acquisition requirements.
Elizabeth works on code compliance, zoning, land use decisions, CEQA, Public Records Act,
Elections Law and transparency issues. She researches court decisions, interprets laws and
other legal authorities and prepares legal opinions to inform agency staff. Elizabeth drafts
ordinances and resolutions and drafts, reviews and provides input on staff reports. She
provides advice on personnel issues, workers compensation, disability, employee relations,
discipline, FLSA, redistricting, telecommunications, construction law, rights -of -way acquisition,
eminent domain, Proposition 218, NPDES, Regional Water Quality Board issues and the
California Coastal Act. Elizabeth reviews agreements and issues related to San Elijo Joint
Powers Authority (where the City of Solana Beach is a member) and California American Water
Company (on behalf of the City of Coronado), and works on large public works, infrastructure
and capital improvement projects. Elizabeth has reviewed public financing and bond
documents. She reviews citations and acts as Deputy District Attorney by Special Assignment
on behalf of the City of Solana Beach.
Elizabeth is the primary legal contact for the Historic Resources Commission, Planning
Commission and Design Review Commission in the City of Coronado, the View Assessment
Commission in the City of Solana Beach and the Planning Commission in Lemon Grove. She
also serves as General .Counsel for the Vista Irrigation District. She consults with staff, attends
commission meetings, and advises and trains Commissioners on the Brown Act, the Political
Reform Act, and other requirements of state law. Elizabeth conducts city-wide conflict of
Proposal to Provide Legal Services Page 5,
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interest training (AB1234) and gives new Commissioner training in conjunction with staff. She
also has experience attending city council and special district board meetings (both open and
closed sessions) and advising city councils and boards.
At her former firm, Elizabeth was the Acting City Attorney and Deputy City Attorney for the City
of Imperial Beach and Acting General Counsel and Assistant General Counsel for the Ramona
Municipal Water District where she handled all aspects of agency needs for over three years,
including public contracts, procurement, construction management, prevailing wage, capital
improvement planning, collections, water customer claims and complaints, CEQA,
environmental law and compliance, eminent domain/condemnation, easements, access rights,
deeds,, land use, planning, real property purchase and sales transactions, Public Records Act,
Brown Act, water law, water rights and contracts, recycled water, plant operations, pumps and
infrastructure. She also attended open and closed city council and board meetings for those
agencies and assisted with assessment of fees and charges for water and related services,
including Proposition 218. Elizabeth provided special counsel advice to the ,Lakeside Fire
Protection District on taxes, fees and assessments. She also acted as special counsel for the
Wynola Water District providing advice regarding potential tort claims involving water quality and
compliance with water standards, permits, regulations and reporting and provided collections
and employment advice to a local joint powers authority.
As a former litigation partner and trial attorney earlier in her career on complex commercial
transactions, Elizabeth also counsels staff on risk avoidance, avoiding pitfalls and loss
mitigation and has unique insights on real estate, claims and contract provisions. .She has
experience in tort claims, trespass, writs of mandate, eminent domain, civil litigation and
employment related lawsuits (both for plaintiffs and on the defense side and including class
actions). She timely closes transactions, manages litigation, and drafts closed session
memoranda for municipalities, other public agencies and non -profits.
As public agency counsel, Elizabeth has had the pleasure and opportunity to provide legal
advice to staff in every agency department on a wide variety of matters on a regular basis. No
matter what the issue, agency staff knows that Elizabeth is always available by phone, email
and Teams or Zoom and is regularly on -site for in person meetings. Elizabeth has helped local
governmental agencies navigate through novel legal issues and local emergencies, from
flooding to pandemic to ever -changing housing laws in California.
Elizabeth received her J.D., magna cum laude from the University of San Diego School of Law
in 1999, was admitted to the California State Bar the same year, and received two B.A.s,
summa cum /nude from Boston University in 1996. She is a member of City Attorneys
Association of San Diego, the California Special Districts Association, the San Diego County
Bar Association and the Lawyers Club of San Diego, serves on the Municipal Law Institute
committee of Cal Cities (the League of California Cities) and is a native San Diegan and Latina.
Proposal to Provide Legal services Page 6
to the City of National nal City
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Kristin S. Steinke
B IRKE, WILLIAMS & SORENSEN, LLP
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Kristen Steinke was sworn in as a member of the State Bar of California
in 2008. She is a member of the State Bar of California and is admitted
to the United States District Court for the Southern District of California.
She received her J.D. from Whittier Law School in 2007 and her B.A. in
Political Science from the University of California, Santa Barbara in
2001,
Kristen currently serves as the City Attorney for the City of Lemon Grove
and has occupied that position since October 2018. She served as
Deputy City Attorney for the City of Lemon Grove for three years prior to her appointment as
City Attorney. Serving as City Attorney for the City of Lemon Grove, Kristen attends all
meetings of the City Council and provides legal advice to the City regarding parliamentary
procedure, the Brown Act, the California Public Records Act, Conflicts of Interest, FPPC
regulations and other relevant law. Kristen reviews on a regular basis agreements for services,
MAs for development, purchase and sale agreements, proposed development agreements,
and other contracts that range in variety and legal scope. She advises the City on a broad
range of issues related to its role as a member of its Joint Powers Authority for fire and rescue
services with neighboring jurisdictions as well as the City's Special Districts, like the Lemon
Grove Sanitation District.
Kristen also assists in implementing the policy of the City Council by drafting new law. Most
recently Kristen assisted the cities of Solana Beach, Coronado and Lemon Grove in drafting
their Organic Waste Ordinances, procurement policies, water efficient landscape ordinances,
and construction and demolition ordinances for compliance with state law,
Kristen previously served as Deputy City Attorney for the City of San Marcos between January
2014 and March 2021. Prior to her service as Deputy City Attorney for San Marcos, she served
as special counsel to the City of San Marcos, the City of San liego, the City of National City,
the City of Carlsbad, and other public agencies.
Kristen began her practice as a litigator and continues to provide special counsel litigation
services to public agencies for issues involving eminent domain, inverse condemnation, and
defense work for public agencies. Notably, she was responsible for obtaining a judgment for
$1.5million in what began as a nuisance abatement code enforcement action against an illegal
medical marijuana dispensary in the city of Lemon Grove. The `entirety of the judgment was
collected for the City, including attorney's fees and costs. Her practice areas include general
municipal law, civil litigation, land use, planning and zoning, eminent domain, administrative law,
the Brown Act, the Public Records Act, conflicts of interest, FPPC regulations, and code
enforcement.
Kristen is the immediate past President of the City Attorney's Association of San Diego. She
served as President from March 2020 to March 2021 during which time she organized special
meetings of the Association to address novel legal issues related to the CID-1 9 pandemic
and the demonstrations and riots of 2020; but, also, Kristen maintained regular meetings of the
Proposal to Provide Legal Services Page 7
to the City of National City
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BURKES V/11,4114M§ & gORENSEN, LLP
Association to address important issues facing cities in our region, like implementation of
Climate Action Plans, the impact of the California Voting Rights Act, Labor and Employment
matters and the application of the First Amendment on discourse at public meetings. She was
the Chair of the Eminent Domain Section of the San Diego County Bar Association from 2013 to
2015 and again served as Chair between 2018 and 2020. Kristen is also the immediate past
Chair of the Escondido Chamber of Commerce and currently serves on the Municipal Law
Institute committee for the League of California Cities (cal Cities) and she is co -leader of Girl
Scout troop 8608.
Kristen was born and raised in San Diego and graduated from Scripps Ranch High School. She
lives in Rancho Bernardo with her husband to two children. She enjoys golf, hiking, and
spending time with her family.
Johanna N. Canlas
Johanna Canlas received her J.D., cum lau e, from the California
Western School of Laiv and her B.A. from the University of California,
Santa Barbara. She is a member of the San Diego County Bar
Association, the Lawyers Club, and the City Attorney's Department
Emergency Response Committee of Calcities (League of California
Cities). Johanna is bilingual and speaks Filipino (Tagalog) fluently.
Johanna has almost 20 years of municipal law experience and currently
serves as City Attorney for the coastal communities of Coronado and
Solana Beach. Johanna has served as City Attorney for Solana Beach for almost fourteen
years. She is also the appointed City Attorney for Coronado since 2012.
An experienced and 'knowledgeable advisor on the full range of public law issues, Johanna
advises city councils, boards, commissions, and city staff in all areas of municipal law such as
open meeting laws, environmental issues, land use, zoning and planning, conflicts of interest
laws, code enforcement, bidding and procurement procedures, elections and initiatives, claims
review, fee setting, personnel, and labor relations. She drafts opinions, ordinances, resolutions,
agreements, and contracts on a range of subject areas. Additionally, she supervises litigation
matters.
Johanna is experienced in representing coastal communities and is attuned to the unique
challenges they face with the ever-growing, and sometimes competing, state mandates. She
has negotiated development agreements for city projects, including affordable housing
developments. Johanna has represented her clients before regional, state and federal
agencies. She built relationships she can draw upon to facilitate open dialogue and reach
common ground when available. While Johanna provides constructive and practical legal
advice to her clients, she will zealously defend City decisions when needed.
Johanna started her legal career as a prosecutor. Along with her trial experience, she brings
with her an inherent understanding of quality of life issues. She established programs with
stakeholders including law enforcement, businesses, and residents to achieve practical and
Proposal to Provide Legal Services Page
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real -life solutions to get to the root cause(s) of the issue before it becomes a bigger community
problem.
Johanna has held leadership roles and collaborates with regional and statewide organizations to
stay current on the latest legal developments that may impact the clients. She has helped City
Councils recruit, negotiate and contract with new city managers and has helped her clients
navigate difficult retirement, discipline and dismissal of employees.
Johanna is proud of the long-lasting relationships she maintains with current and former clients.
SCHEDULE OF RATES'
We believe that the rates quoted below are reasonable and competitive.
Hourly Rates
Adjustments
Partners/Associates (blended rate)
Paralegals
$265
$170
We understand that the City needs interim services while a Deputy City Attorney is out on
maternity leave. However, should the City desire to extend the contract, the rates for legal
services quoted in this proposal will remain. in .effect until January 1, 2023. Thereafter, unless
otherwise negotiated, hourly rates shall be automatically adjusted based on a standard annual
adjustment. Hourly rates will be adjusted in an amount equal to five dollars $ .00 per hour or
by a percentage equal to the percentage change in the All Urban Consumers Price Index (CPI)
for the San Diego -Carlsbad metropolitan area for the previous four quarters, whichever is
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renter.
Reimbursements
We routinely charge our clients for our direct out-of-pocket expenses and costs incurred in
performing the services. These costs and expenses commonly include such items as service of
process charges, filing fees, long distance telephone charges, messenger and other delivery
fees, postage, reproduction of documents, facsimile, mileage reimbursement for travel outside
San Diego County at the IRS approved rate, parking, transportation, meals and hotel costs,
investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator
and/or special master fees, and other costs reasonably and necessarily incurred in performing
services for the City. Travel may be charged at one-half the general services hourly rate. We do
not charge a service fee or overhead for cost reimbursement items. We also do not charge for
computer or word processing time. Reimbursement amounts may be adjusted annually.
Proposal to Provide Legal Services Page 9
to the City of National City
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In-house reproduction charges
black and white
20¢ per page
color
$1 per page
Mileage
Facsimile
58.5¢ per mile (or current IRS rate)
$1 per page
All other costs reasonably and
necessarily incurred in performing
services for the City
at cost
Billing Format and Procedure
Bills are sent out .each month invoicing charges for the prior month. Fees for our services are
charged in increments of 1 10th of an hour. The bills provide a specific description of the work
performed by all attorneys, the time actually spent on the work item, and the billing rate of the
attorney. These bills also contain itemized descriptions of any out-of-pocket expenses incurred
during the prior month.
REFERENCES
We are proud of our service record with our clients. We encourage you to contact the existing
client references listed below about the merits of Burke, its personnel, and its services.
City of Coronado
1825 Strand Way
Coronado, CA 92118
Tina Friend, City Manager
619.522.7337 (office)
tina.friend@coronado.ca.us
Blair King, former City Manager for the City of
Coronado, current City Manager for the City
of Bainbridge Island
206.842.2545
bki n ci ( bai n bri dgewa . ov
City of Solana Beach
635 5 Highway 101
Solana Beach, CA 92075
Gregory Wade, City Manager
858.720.2431 (office)
gwade@cosb.ori
Proposal to Provide Legal Services
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Ramona Municipal Water District
Dudek
605 Third Street
Encinitas, CA 92024
City of Lemon Grove
3232 Main Street
Lemon Grove, CA 91945
Michael Metts, P.E., Contract District
Engineer
619.417.6304 (mobile)
mmetts@dudek.com
Lydia Romero, City Manager
619.825.3801
Iromero(@lemoncirove.ca.gov
ADDITIONAL REQUIRED INFORMATION
About Burke
Burke, Williams & Sorensen, LLP is a California limited liability partnership. Burke is comprised
of 25 owners under the leadership of a Management Committee and Managing Partner. Firm
management includes owners who practice substantially or entirely in the area of municipal law,
and the firm has a longstanding commitment to the needs of its municipal clients. Details of our
firm are listed below.
Firm Larne
Founded
Number of Attorneys/Staff
Headquarters Office
Additional Firm Offices
San Diego
501 West Broadway, Suite 1600
San Diego, California 9 101
Tel: 619.814. 580 0 1 Fax: 619.814.6799
Inland Empire
1770 Iowa Avenue, Suite 240
Riverside, California 92507
Tel: 9 1.788.0100 I Fax: 9 1.7 8.5785
Proposal to .Provide Legal Services
to the City of National City
Burke, Williams & Sorensen, LLP
1927
134/60
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, California 90071
Tel: 213.236.0600 I Fax: 213.23 . 700
San Francisco
1 California Street, Suite 3050
San Francisco, California 94111
Tel: 415.655.8100 I Fax: 415.655.8099
Silicon Valley
60 South Market Street, Suite 1000
San Jose, California 95113
Tel: 408.606.6300 I Fax: 408.606.6333
Page 11
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Oakland
1901 Harrison Street, Suite 900
Oakland, California 94612
Tel: 510.2 3.8 80 1 Fax: 510.839.9104
Orange County
1851 East First Street, Suite 1550
Santa Ana, California 92705
Tel: 949. 63.3363 1 Fax: 9 9.863.3350
Palm Desert
73-929 Larrea Street, Suite 4A
Palm Desert, California 92260
Tel: 760.776.5600 I Fax: 760.776.5602
Ability to Provide Local Service
BURKE1 ILLI I is E RE EN, LLP__ ..�
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San Rafael
181 Third Street, Suite 200
San Rafael, California 94901
Tel: 415.755.2600 I Fax: 415.482.7542
542
Ventura County
2310 East Ponderosa Drive, Suite 25
Camarillo, California 93010
Tel: 80 .98 .3468 1 Fax: 805.482.9834
If selected, Burke would serve the City primarily from its office in San Diego, where Elizabeth
Mitchell, Kristen Steinke and Johanna Canlas are based. However, it is our understanding that
the City desires coverage at its Planning Commission meetings. As such, Elizabeth will be
present at the Planning Commission meetings and at city Hall according to the Cit is needs and
desires in consultation with the City Attorney.
In addition, regardless of office location, modern technologies affords us many platforms to
allow contact as needed, whether by video confererncing, teleconferencing, or basic cell phone,
email, or texts. The proposed core team will be readily available and accessible to the City at all
reasonable times.
Principals and Officers of the Firm
A list of Burke's equity partners and officers is below.
Gregory . Aker
Daphne M. Anneet
Mark J. Austin
Susan E. Bloch
1 0.03.2
213.236.2802
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aver bwslaw.corn
danneet@bwslaw.com
94 .2 6,3 16 rr�austincbwslaw.cor
510.903.8809 sblochabwslaw.com
Susan E. Coleman 619.31 .6303 scolemar �bivslavv.com.
Melissa ilJl. Cowan mco r an bwslaw.com
Douglas W. Dal Cielo 408.606.6318 ddalcielo@b slaw.c r
Timothy L. Davis
408.606.6317
Thomas D. Jex
Cheryl Johnson -Hartwell
Michelle Marchetta Kenyon
Jack P. Lipton, Ph.D.
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Proposal to Provide Legal Services
to the City of National nal City
Page 12
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Customer service and Quality Assurance Philosophy
Our clients' needs are the driving purpose behind our philosophy on the provision of legal
services. 'e are acutely aware that the legal profession is a service industry. As such, our first
priority is to develop the working relationship that works best for the City*
The overriding, determinant in the relationship has to be the client's desire — what does the City
of National City want? The surest way to ensure productive working relationships is to establish
the ground rules at the outset — who can authorize work, what the limits are of such
authorization, who needs to be copied on the work, when the work needs to be completed, etc.
Elizabeth Mitchell will sit down with the City Attorney to establish those ground rules. Once
established, ongoing communication is key to ensuring expectations are met and to the City's
satisfaction.
The City Attorney or his designee will have telephonic access to the necessary team members
at all times, and other Burke attorneys working for the City will coordinate with the City Attorney
and appropriate staff to ensure prompt responses to communications.
It is our goal to provide a substantive response to routine questions immediately when possible
and at all times within 24 to 48 hours. When a response requires additional research or review
of documents, a response time will be arranged to fit the needs of the City. Typically, our
average response time for more involved matters is between three and seven business days.
There is no average time to perform substantive tasks like drafting agreements or modifying
ordinances, as each of these situations differs in complexity and exigency. With this type of
work, our goal is to respond to the City's needs in a way that is efficient but also provides an
excellent work product.
Burke attorneys utilize smartphones, tablets, laptops, and the firm's remote server to seamlessly
work from any location. The physical location of Burke's attorneys presents no barrier to timely
responses.
Proposal to Provide Legal services Page 13
to the City of National City
.Sal..Em _ r;
Education on Best Practices
BUR E, yoLLTAM & RE JSE I LLP
We provide training sessions relating to ethics and conflicts of interest and on other matters of
particular interest to the City Council. When special issues of concern arise, we provide, clear,
concise written memoranda to assist the City in understanding relevant issues, risks, and
alternatives.
Legal Research
We keep abreast of the ever -changing legal landscape, and we advise our clients of changes to
be aware of in a variety of ways, depending on the circumstances. At times, it may be a phone
call to advise the City Manager or representative on recent developments in a pending litigation.
At others, a more detailed notice is warranted. It is our practice to keep in regular
communication with our clients and to be closely attuned to the issues each specific client faces.
When significant developments occur that are relevant to all public sector employers, we
frequently prepare a generic notice and then follow-up with each individual client to discuss how
the development is relevant to the specific public agency.
To keep our public agency clients abreast of new and pending legislation and case law that may
be applicable to their circumstances, we send electronic notices to inform our clients of legal hot
topics.
Burke also publishes the widely circulated Legal Trends, an annual publication that summarizes
the key developments in labor and employment law, especially designed for employers in the
public sector.
Commitment to Diversity
To promote greater diversity and inclusion, Burke established a Diversity, Equity & Inclusion
Committee. The DEI Committee has an independent annual operating budget, reports directly to
the Firm's Management Committee, and provides regular updates to the Firm's Ownership. The
DE1 Committee has established four areas of emphasis, each of which has a subcommittee:
(1) Education; Recruitment; (3) Retention and Employee Morale; and Civic Engagement.
Participation in the DE1 initiative has flourished, with lawyers and professional staff volunteering
to chair sub -committees and ad hoc working groups addressing issues of specific interest to
them. In 2021, more than one-third of the firrn actively engaged in committee work and firm
attendance at DEI events averaged 60-75%. With the entire firm working remotely for the better
part of 2021, the DE1 initiative played a key role in creating pathways for collaboration,
connection, learning and support.
As of March 23, 2022, 22% of Burke's entire attorney team are people of color and 46% are
women; 15% of Burke's non -owner partners identify as members of underrepresented• groups
and 42% women; and 16% of the equity partners are people of color and 36% women. 40% of
Burke's professional administrative team are people of color and 77% women.
3 of the 5 members of the firm's Management Committee are women and/or a member
of an underrepresented group.
Proposal to Provide Leal Services Page 14
to the City of National City
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BURK , I ILLIA � 8� RE 1 C 11;LLP__.-
■ The 4-person Personnel Committee is chaired by a person of color and has 2 female
committee members.
■ Our Chief Administrative Officer is a woman and all of the firm's administrative managers
are women or identify as non -white.
■ In the previous 6 years, 7 of the 14 attorneys elevated to equity partner were women.
▪ Collectively, 55% of the firmis attorneys are women and members of underrepresented
communities.
▪ Overall, 66% of the firm is comprised of women and people of color.
CONCLUSION
Burke has the experience, dedication, and resources to serve the City's needs ethically,
efficiently, and cost-effectively. We will be happy to provide you with any additional information
you require about our firm and welcome the opportunity to meet face-to-face to discuss Burke's
capabilities and readiness to represent the City of [rational City. We appreciate your
consideration of our proposal.
Proposal to Provide Legal Services Page 15
to the City of National City
Practice Groups
Construction Law
Education Law
Environmental, Land Use
& Naturat Resources
Intellectual Property
Labor & Employment Law
Litigation
Public Law
Real Estate & Business
Locations
Los Angeles
InJand Empire
Marin County
Oakland
Orange County
Palm Desert
San Diego
San Francisco
Silicon Valley
Ventura County
800.333.4297
www.bwslaw.com
BURKE, WILLIAMS S & SO E SEN, LLP