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Devaney Pate Morris & Cameron, LLP - General Counsel Barry J. Schultz - 2022
AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OFN NATIONAL CITY AND DEVANEY PATE MORRIS & CAMERON LLP THIS AGREEMENT FOR LEGAL S- RVIC S ("Agreement") is made by and between THE CITY OF NATIONAL CITY, a municipal corporation, ("CITY") and DEVANEY PATE M R I S& CAMERON , ("F. 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 following designated members of the FIRM during the term of this Agreement to serve the City in the following capacities: Barry J. Schultz City Attorney, General Counsel (hereinafter "City Attorney") The FIRM shall not replace the designated City Attorney without the City Council's prior approval, except as may. be necessary from time to time due to illness or vacation scheduling,in which case approval of a substitute attorney shall be obtained rom the City Manager. Article 2. Effective Date aid Tenn. This Agreement shall be effective on the date fully executed. This Agreement may be terminated at any time by either party with sixty (60) clays' written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney. Article 3. 5spauctfnitnim. The CITY shall have the right in itssole discretion to determine in the particular services to be performed the FIRM under this Agreement. These services may include the following: oversee the City's legal staff; perform the role of City Attorney with respect to the City Council and. City Manager.; provide the legal supportnecessary to ensure that the City operates in an efficient manner consistent with its legal authority and obligations, as - needed, general legal services regarding municipal law matters as per the Proposal attached as Exhibit A; and communications s with City staff ("LEGAL SERVICES"). Article 4. Con_lmsjitto. 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 CITY's approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional 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 obligatedto pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM. 2021 Agreement Page 1 of 8 Cityof National City and Legal Services DEVANEY PATE MORRIS & CAMERONLIP 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 ents pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY. 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 urs the FIRM, in .c orda ce 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 -octet 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, Th.e 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 wilt consider reimbursement on a case -by -case basis, The CITY will not reimburse overtime incurred for the convenience of the FIRM' S failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw Lexis (7) Express charges, overnight mail charges, messenger services or the like, without the CITY'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) 'ravel 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. or like items. F. Bills from the FIRM should be submitted to the Office of the. City Attorney, 1243 National City Boulevard, National City, CA 1 0-43 1. 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 ort of bills rendered by the FIRM, 2021 Agreement Page 2 of City of National City and Legal Services DEVANEY PATE MORRIS & CAIVIERONLLi G. The FIRM agrees to forward to the CITY a statement of account for each one -month period of services under this Agreement, and CITY agrees to om ns .t the FIRM on this basis, The FIRM will consult monthly with the CITY as to the number of trne 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. Eachbilling entry must be complete, discrete, and appropriate, (1) Complete. (a) Bach 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 . l o 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: Bach 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 sendi.ng 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 CITY'S payment process., the CITY will notpay any late charges, Every effort will be madeto pay bills promptly. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal a.ssigned, Ultimately, staffing is a CITY decision, and the CITY 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 y 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 exceedparalegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter isconcluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed. 1 Agreement Page 3 of city of National City and Legal Services DEVANEY PATE MORRES & CAlvIERON (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 ..Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreemen,t may not be assigned or delegatedby the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the parti ular professional expertise of the individuals rendering the services required in the Scope of Services. Article 6. Confidentialit of Work. All work erform 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. CowThe FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they er ain to this Agreement. In addition, the FIRM 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 of the State of California shall govern and control the terms and conditions of this Agreement. Article 8. Acceptabilityof for . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable comletion of this Agreement and the amount of compensation due. if the FIRS and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM 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 agen.s, 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 FIRM'S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, . .11 expenses of investigating and defending against same; provided, however, that this indemnification andhold 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 of this Agreement, the following insurance policies: 2021 Agreement Page 4 of City of National City and Legal services DEVANEY PATE iv1ORR1S & CAMERONLLC' A. .Professional Liability insurance (errors and omissions) with minimum limits of 1,0 ,0 0 per claim. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minim.m 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 $2,000,000per 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 e ral 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. Di Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM'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, officials, employees, and volunteers, so that any other policies heldby the CITYshall not contribute to any loss under said insurance, Said policies shall provide fof thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed i.n subsection 0 below, of cancellation or material change, If required insurance coverage is provided 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" datemust be on or before the date of this Agreement. shall be: G. The Certificate Holder for all policies of insurance required by this Section City of National City c/o Risk Manager 1243 National City Boulevard National City, CA91950-4397 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 category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial 2021 Agreement National City and Legg! Services Page 5 of ity or DE NI `Y PATE Ni1ORRIS 8c CAMERON LIP i 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 " A S I") and otherwise meet rating requirements. 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 f this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement s 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. If the FIRM maintains broader coverage or higher limits (or 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. pLui Na.ce. The FIRM agrees to comply with the CITY'S Drug -Free Workplace place 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. Non -Discrimination 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 FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, , arital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment .t or recruitment advertising, layoff or termination, rates of pay or other forms of om ens do .,. and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous places available to employees and applicantsfor employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause, Article 13. Notjficatiop...of Chancre in w The FIRM has the right toeffect 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 ny 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 deemedsufficient if said notice is deposited in the United States mail, 2021 Agreement Page 6 of it of National City and Legal services DEVANEY PATE MORRIS & CAMER.ON LLP postage paid. When so given, such noticeshall 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: Office of the City Attorney City of National City 1243 National City Boulevard National City, CA91950-4397 cc: Executive Assistant to the City Attorney City of National City 1243 National City Boulevard National City, CA91950-4397 and to: Attorneainatiop & i=g2 leap .nation .lcit g Barry J. Schultz, Esq. Devaney Pate Morris and Cameron 402 W. Broadway,. Suite 1300 San Diego, CA 2101 Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Administrative Provisions. Al Time of Essence. . Time is of the essencefor 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 one and the same instrument. C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement aresolely for the convenience of the 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 of the 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 2021 Agreement Page 7 of in of National City and Legal services DENANEY PATE MORR.1S & C MERO LLP 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. S v rabilit . The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 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 of this 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the r date and year written below. CITY P NATIONAL CITY By: Brad laLllstonl City Manager Date: APPROVED TO FORM: By: City Attorney National City and Legal Services DEVANEY PATE MORRIS CAMERON LLP (Corporation — signatures of two corporate officers) r•s) By: aaftA7 Title: 7ArierAtte. Date: 6 202 l Agreement , Esq. Page 8 of 8 City of DEVANEY PATE MO IS & CAMERON LU? 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. geverability. The unenf orceability, invalidity, or illegality of any provision. of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 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 It r st. 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 CITYfrom expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. 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 of this 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below. CITY OF N ION CITY By: Brad Date: City Manager APPROVED D . TO FORM: By: Nacional City and Legal Services DEVANEY PATE MORRIS CAMERON LLP ( orpormioa7 — sigr7ati fres of Iwo corporate officers) By: Title: 7.040-14/4 Date: 30 Agreement Page 8 of o.ry or DEV NEY PATE MORRI '° PvME ON1 LLP PROPOSAL FOR IN LERIM CITY ATTORNEY SERVICES June 10, 2022 Submitted by: I:4311C Devaney Pate Morris &Cameron.. Barry J. Schuftz, Partner bschiuItzdpmdew.com 402 W. Broadway, Suite 1300 San Diego, CA 92101 0: (619) 354-5030 F: (619) 354-5035 DPMC Devaney Pate Morris & Cameronio Proposcrl for interim city Attorney for the City of Notional City. Page 1 Mole of Conten S 2.4 Statement of Understanding and Proposed Methodology ...., 4 2.5 Project -Related Experience 2.6 Project Personnel 2.7 InSUrance 5 2.8 Schedule of Rates ... 5 2.9 Additional Required Information ... 2.10 Reference...,.... ...' 8 402 W. Broadway, Sulte 1300, San Diego CA 92101 II P: (619) 354 5 30 U F: (519) 354-5035 I wv r.DPi 1Claw.corn DPMC Devaney Pate Morris &Cameroni,P Proposal for interim City Attorney for the City of National City Page 2 June 10, 2022 VIA EMAIL Charles E. Bell, Jr. City Attorney City of National City 1243 National City Blvd. National City, CA 91950 619-336-4222 cbell @ nationa lcityca.ov Re: Response to Request for Qualifications for Interim City A ttorn e Services Dear Mr. Bell: On behalf of Devaney Pate Vorris & Cameron I am pleased to offer this proposal to provide interim City Attorney legal services, Devaney Pate Morris & Cameron LIP ("DPMC") is a public agency law firm representing California cities and public agencies. We have represented municipal clients throughout California. With more than 200 years of combined municipal legal experience, each of DPMC's seven partners are highly qualified municipal attorneys. I will be the primary attorney assigned as interim City Attorney. I bring over 30 years of legal, planning and community development experience to my law practice. I am passionate about public service and serving communities which are soda and economically diverse as National City. I actually began my professional career in National City with the MAAC Project. I am intimately familiar" with the challenges faced by our older urban communities having served as chief policy advisor and chief of staff for Councilman William Jones who served as council member for Southeastern San Diego. Additionally, I served as assistant general counsel to the Southeastern Economic Development Corporation the local redevelopment agency for the Southeastern San Diego community. I have served as assistant city attorney for the cities of Murrieta, Encinitas, and Del Mar. In that capacity I have routinely advised city staff and council on matters involving the Brown Act, California Public Records Act, the Political ,e:form Act, housing law, economic cevelopment and land use and development. I have served as legal counsel for the planning commissions for Murrieta, Encinitas and Del Mar and have also served as legal counsel for the I -lousing Authorities for Murrieta and Encinitas. Additionally, I have served as special counsel for the City of Vallejo, City of Corn pton, and the City of Desert Hot Springs. In acdition to my public entity work, I served as chief executive officer for the San Diego Capital Collaborative — a non-profit community investment corporation targeting workforce 402 W. Broadvvay, Suite 1300, San Diego CA 21©.1. 1 P: (619) 354-503 ■ F: (619) 354-5035 ■ www DP Oaw ,roan DPVICDevaney Pate Morris&Cameroni, Proposal for interim City Attorney for the City of National City. Page 3 housing. I have represented both private and non-profit clients in connection with affordable housing projects. This representation included acquisition, land use entitlements, affordable housing financing (including tax credits, bond financing an grant funding) and all aspects of real estate development. Finally, I have also served as a planning commissioner for the City of San Diego and was chair of the Planning Commission for four years. I believe that my background makes me uniquely qualified to serve the City of National City as interim City Attorney and look forward to having the ooportunity to discuss my qualifications with you in more detail, Very truly yours, DEVANEY PATE MORRIS El. CAMERON, UP Burly J Schultz Barry J. Schultz, Esc, Partner 402 W, Broadway, Suite 1300, San Diego CA 92101 U P: (519) 354-5030 I F: (519) 354-5035 I www.DPMClaw.com DPMCl DevaneyPate I Morns&CarneronuP Proposal for interim City Attorney for the City of IVatiana! City. Page 4 2.4 Statement of Understanding and Proposed Methodology This proposal is to providecontract interim City Attorney services for the City of National City. Our firm has proviced contract City Attorney services for the cities of Murrieta, Encinitas, and Del Var. This proposal is a bit unique in that the City of National City has an in-house legal staff. Normally, we provide a full -service city attorney department. In this case, it is proposed that Mr. Schultz will be designated interim City Attorney and will be responsible for overseeing the City's legal staff while also performing the role of City Attorney with respect to the City Council and City Manager. The firm's municipal attorneys with special expertise in election law, conflicts and other areas of municipal law will be available on an as needed basis. Based on our experience, the key to a successful attorney/client relationship is establishing trust and open communication. As City Attorney we view the attorney/client relationship as being with the City Council as a whole. Our goal is to ensure that the Council as a group, and each individual council member, understands the legal context and potential legal risks that might be associated with their decisions. It is important that the Council is fully apprised of all of the facts and has the information necessary to enable it to make the best the decision for the City and the constituents they serve. Effective communication between the City Attorney and the Council will enable the City Attorney to provide the best service to the Council. This trust arc open communication also extends to the relationship between the City Attorney and the City Manager. We strive to develop a partnership with the City Manager and staff. Our goal is to provide the City Manager and City staff with the legal support necessary to ensure that the City operates in an efficient manner consistent with its legal authority and obligations. With a foundation of trust and open communication, the interim City Attorney can best serve the City when involved early in the process for non -routine projects, issues, and items. This will create an environment where the City Attorney is in the best position to provide a risk assessment of any legal obstacles and develop a path to legally navigate those obstacles towards the desired goal. The City Council and City Manager should expect that the City Attorney "puts eyes on" all matters and if there are any legal issues they will be brought to the attention of the City and a path forward will be provided with a risk assessment. All De, artments in the City should be encouraged and directed to work with the interim City Attorney at the initial stages of agenda development and projects in order to maximize the development of risk assessments and creative problem -solving navigation tirough any legal obstacles. It is proposed that Mr. Schultz will be available to the Council and City staff on a daily basis. He will hold office hours at the City three times a week. He will attend all City Council meetings and will be available to meet with City staff as needed. It is recommended that Mr. Schultz meet 402 Vs/ _ Broadway,, suite 1300, sin Diego CA 92101 I P: (619) 354-5030 ■ F; (19) 354-5035 ■ www.DPMCIaw.corn Devaney Pate Morris & Cameron«, Proposal for interim City Attorney for the City of National City. Page 5 with individual council members prior to Council meetings to address any legal concerns the council members may have regarding agenda items. it is estimated that he will devote approximately 120 hours a month to the City. This should cover all routine activities of the City Attorney including Council meetings and office hours and enable him to provide the necessary attention to special projects and ron-routine matters. Should there be a need for additional legal services which cannot be met with the City's current in-house staff, our municipal law attorneys can be made available on an as needed basis. 2.5 Project -Related Experience Mr. Schultz has served as assistant city attorney for the cities of IVurrieta, Encinitas, and Del Mar. He has routinely advised public agencies on matters including, but not limited to, the Ralph V. Brown Act, the California Public Records Act,, the Political Reform Act, public employee matters, public safety, public works, housing law and land use. He also served as special counsel for the cities of Cornpton and Desert Hot Springs' Oversight Boards and currently serves as special counsel to the City of Vallejo's Housing Authority. Please see his resume attached for more details on his public entity experience. 2.6 Project Personnel • Barry J. Schultz, Partner (resume attached) 2.7 insurance We accept and can comply with the insurance requirements. 2.8 Schedule of Rates We propose a monthly retainer of $27,000. This represents 120 hours at the rate of $225/hr. Work exceeding the retainer amount will be charged at $250/hr. Our normal hourly rate for public entity work is $275/hr. The City will be responsible for all "costs" incurred in connection with our reresentation of City under this Agreement. Costs will be billed directly to the City. Costs include, but are not 402 W. Broadway, Suite 1300, San Diego CA 92101 ! P: (619) 354-5030 ■ F: (619) 354-5035 ■ www.DPMClaw.com ppmi Devaney Pate � MorrIs&CameronLP Proposal for interim City Attorney for the City of National City, F'age 6 limited to, court filing fees, deposition costs, expert fees and expenses, investigation costs, long- distance telephone charges, messenger service fees, photocopying expenses, process server fees, and trial exhibits and equipment, as well as any other items generally accepted as "costs'. 2.9 Additional Required Information • Type of firm: individual, partnership, or corporation. Our firm, Devaney Pate Morris & Cameron (DPMC) is an LLP. • Organizational structure of the firm, history, including number of years in existence, number and location of offices, total number of employees. Devaney Pate Morris & Cameron LLP ('1DPMC") is a public agency law firm representing California cities and public agencies. While DPMC was formed in 2016,.our team has worked together since 2007, previously with Stutz Artiano Shinoff S4. Holz. Each of DP'1C's seven partners are highly qualified municipal attorneys, with more than 200 years of combined municipal legal experience representing cities and public agencies throughout the state. • Attorneys 13 ▪ Support Staff 6 • Location(s) 2 (San Diego and Temecula) • Describe the ability of your firm to provide local service to the City. Mr. Schultz works out of the Firm's downtown San Diego office and will commit to holding. office hours at National City three days a week. • Names and titles of all principals/officers of the firm (name, title, phone number). • Leslie E. Devaney, Managing Partner Direct: (619) 354-5021 • Wiliam C. Pate, Partner Direct: (619) 354-5022 • Jeffery A. Morris, Partner Direct: (951) 262-4492. • Christina M. Cameron, Partner Direct: (619) 354-5024 • How many years has your firm been providing city attorney related services to municipalities? atities Approximately 15 years 402 W. Broadway, Suite 1300, San Diego CA 92101 1 P: (619) 354-5030 11 F: (619) 354-5035 ■ www.DPMclaw.com DPMC Devaney Pate Morris &Cameron1, Proposal for interim City Attorney for the city of National City. Page 7 Describe the firm's philosophy about customer service and quality assurance. CPI'v1C's mission, "To be passionate aout public service and committed to serving the legal needs of California local public entities," forms the foundation of our approach to municipal legal work. Our attorneys' real -world municipal government experience and deep sense of public policy gave shaped our overarching philosophy that superior legal work is based on collaborative efforts between the City Manager, City Staff and Elected officials. DPMC provides comprehensive legal advice and support tailored to each client. In doing so, we are able to provide the services and support, specific to each city. Under our internal performance standards, our team responds to legal requests on a task basis. This means the City can dictate when it needs assignments done. Normal tasks are completed within one week or sooner depending upon priorities established by the City. For urgent matters, we respond immediately with initial advice and strategy. If the urgent matter requires adc:itional time to resolve, we will provide a work plan and provide the appropriate City staff member with an agreed deadline for response. For responding to requests for meetings, we wilt be able to schedule a meeting within hours to meet your needs. If there is an emergency need for a meeting, from our downtown we can be onsite within minutes, or more quickly via electronic meeting app such as Zoom. DPMC uses task tracking software that allows us to establish and monitor task due dates and progress. This same software also allows DPMC to establish separate matters in instances where the City wants to be able to more closely track costs as well as progress. Finally, in addition to the assigned attorneys working on specific matters, the City will also have access to support staff who have access to all tasks and can always reach any attorney assigned to work for the City. All of these features ensure that the City will never be more than an email or phone call away on any legal matter. This kind of response and managing the tasks at hand build a level of trust needed to successfully manage City business so all involved feel confident and prepared on the myriad of issues and decisions. Describe your irm's resources or methods to provide education on best practices, trends, or hot topics. We provide our clients with frequent updates concerning legal developments or issues of concern with written memorandums, or, on more important matters, one-on-one meetings with Councilmembers ana the City Manager. The firm consistently sends confidential email to councilmembers concerning League of Cities updates, appellate court updates as well as reports 402 W. Broadway,, Suite 1300, San Diego CA 92101 I P: (619) 354-5030 ■ F: (6 L9) 354-5035 ■ w v.DPMClaw.corn DPMC Devaney Pate Morris &CarneronL. Proposal for interim City Attorney for the City of National City. Page 8 on trending legislation. From time -to -time, our attorneys will provide legal updates of general concern, which are not otherwise confidential, at City Council meetings. • Describe e the organization's legal research capabilities and how you communicate legislative updates to your clients. Ali of our attorneys have years of experience conducting legal research and preparing legal memorandums. Our attorneys have access to Westlaw and regularly monitor California League of Cities information. Additionally, we maintain a legal research and opinions data bank which our allows our attorneys to access previously prepared legal research and opinions that may be relevant to current research projects, to Describe your firm s commitment ent to diversity in both your employment practices and in client relations. We are proud of our commitment to diversity, Our firm has signed on to the San Diego County Bar Association Diversity Pledge for 2021. The goal of the Diversity Pledge is to elevate underrepresented attorneys in management and leadership within our firm and the legal community. Further, 25% of our attorneys are part of underrepresented minority groups. 2.10 References City of Del Mar Ashley Jones City Manager ajones@delmar.ca.us Cell: (951) 551-6990 1050 Camino Del Mar Del Mar, CA 92014 City of Murrieta /van Holler Assistant City Manger iholler@murrietaCA.gov Office: (951) 461-6078 One Town Square Murrieta, CA 92562 City of Vallejo RandyJ. Risner Chief Assistant City Attorney Randy.Risner@cityofvallejo.net Office: (707) 648-4548 555 Santa Clara Street Vallejo, CA 94590 Municipal Clients: • City of Del Mar • City of Encinitas • City of Murrieta Housing Authority of Murrieta • City of Vallejo • Vallejo Housing Authority 402 W. Broadway Suite 1300, San Diego CA 92101 • P: {6] 9) 54-5030 ■ F: (619) 354-5035 www.DPNAClaw,com Devaney Pate Morris &Carneron.P BARRY J. SCHULTZ PARTNER San Diego AREAS OF PRACTICE MUNICIPAL LAW, REAL ESTATE, LAND USE, AFFORDABLE HOUSING & REDEVELOPMENT Mr. Schultz brings over 30 years of legal, planning and community development experience to his law practice. He serves as Assistant City Attorney for the cities of Del Mar, Murri to and Encinitas and has more than 20 years of experience in public agency law. He routinely advises public agencies on matters including, but not limited to, the Ralph M. Brown Act, the California Public Records Act, the Political Reform Act, public employee matters, public safety, public works, housing law and land use. Mr. Schultz has over 20 years of experience in real estate and land use having represented clients in all aspects of real estate development, with a particular focus on urban development, including Ianc acquisition, land use entitlements and financing for residential and commercial deve opments. In his capacity as Assistant City Attorney to the cities of Murrieta, Encinitas, and Del Mar he advises planning staff on processing land use entitlements, drafting land use regulations and policies, and CEA compliancy. Additionally, he advises on issues involving Housing Element law, density bonus law and the Housing Accountability Act (SB 330). He assists city staff in updating general plans, including their housing elements and climate action plans.. He advises staff on preparation of environmental documents such as initial studies, negative declarations, mitigated negative declarations and environment im act reports. In addition to advising on general municipal law, he provides legal counsel to public, for -profit, and non-profit entities on affordable housing and regulatory matters involving inclusionary housing, density bonuses, By -Right development and CEQA review related to infill and transit -oriented projects. He has extensive experience with public financing for affordable housing and has negotiated layered financing structures involving tax credit, new market tax credit financing, and other federal, state and local financing. He served on the SAN DAworking group that prepared SANDA "s first sustainable communities strategy and is intimately familiar with the requirements of SB 375, CEQA exemptions and streamlining provisions, and proposed state housing and community development legislation. Before joining Devaney Pate Morris 8,4 Cameron, Mr. Schultz was chief executive officer for San Diego Capital Collaborative, a community investment corporation, and advisor to the San Diego Smart Growth Fund, a 0 million real estate equity fund targeting workforce housing and mixed -use development in San Diego urban communities. He developed and implemented the fund's socially responsible investment strategy. Mr. Schultz served eight years on City of San Diego's Planning Commission, four years as Chair, and guided the Commission through development and adoption of the City's updated General Plan based upon smart growth strategies and sustainable communities' policies. DPMC Devaney Pate Morris &CameronL, AREAS OF EXPERTISE California Municipal Law. Mr. Schultz has over 12 years' experience in the public sector. He has served the cities of Murrieta, Del Mar and Encinitas as Assistant City Attorney. He provides legal counsel on matters involving the 3rown Act, contracts, real estate, and planning land use matters. He also served as special counsel for the cities of Compton and Desert Hot Springs' Oversight Boards and currently serves as special counsel to the City of Vallejo's Housing Authority. In addition to his legal experience, he has practical experience in public sector, as he served as Planning Commissioner Chair for the City of San Diego and conducted quasi-judicial and public hearings on legislative and administrative matters_ He served four years as Chief of Staff and Senior PolicyAdvisor for a City of San Diego councilmember. He was the councilman's principal advisor on municipal governance, general public policy, land use, rec•eve opmen t, economic development, and affordable housing. Mr. Schultz has over 15 years' experience advising and representing public and private clients in matters before public agencies. He served the San Diego Housing Commission's non-profit development corporation as general counsel and advised its board and staff on Brown Act and Public Records Act compliance. Land Use and Planning. Mr, Schultz has over 20 years' experience in real estate and land use. As an attorney with a local real estate and land use firm, he represented for -profit and non-profit developers of residential, commercial, and mixed -use projects in all aspects of the development process including land acquisition, land use entitlements, environmental review, constructon, and project financing. Representative clients included for -profit developers such as McMillan, NEXUS, Allred Development, and non-profit developers such as Wakeland Housing, Community Housing Works, City Heights Community Development Corporation, Housing Development Partners of San Diego and San Diego Interfaith. As Assistant City Attorney he has advised the cities of IV urrieta, Del Mar and Encinitas on planning and land use matters involving entitlement permits (including By -Right Development opment and SB 330 compliance) and zoning compliance. He assisted the City of Del Mar in preparing its sea -level rise adaptation plan, short term rental regulations, Housing Element update and accessory dwelling unit regulations. Additionally, he assisted the City of Del Mar in developing and adopting the Specific Plan for 941 CDM and assisted with processing the Resort Specific Plan. He also assisted the City of Del Mar with the sale of its Balboa site property and regularly advises the City on leases of public property. He has advised the City of Murrieta with adoption of its Triangle Specific. Plan and the associated development agreement; processing the EIR and Development Agreement for Kaiser Permanente project; and assisted the City on the EIR and associated entitlement for a Costco development project. He also served as legal counsel for the City's planning corTmrrission. He has advised the City of Encinitas on various land use and real estate matters including the Safe Parking Program, Streetscape Program, density bonus law and compliance with new housing Taws. He also served as legal counsel for the City's planning corn mission. He has been very involved in advising all three cities with housing issues. This includes compliance issues with respect to Housing Element law, density bonus law and compliance with the Housing Accountability Act. Real Estate and Affordable Housing, Mr. Schultz has represented non-profit and private residential and mixed - use project developers in all aspects of the development process from land acquisition and entitlements to construction. He advised clients on structuring joint ventures between private and non-profit developers for Devaney Pate Morris &CameronlLP affordable housing developments. He provides strategic counseling to developer clients on inclusionary housing, density bonus, and other regulatory matters. He has advised developers in the development of over 1,000 housing units representing over $100 million in financing. Mr. Schultz advised public and private clients on redevelopment and public finance including drafting and negotiating disposition and development agreements, owner participation agreements, and exclusive negotiating agreements. He advised City of Murrieta's Redevelopment Agency on preparation of Cooperation Agreements, Disposition and Development opment greements, and California Redevelopment Law compliance. He led the City of Murrieta through the redevelopment dissolution process and assists with housing asset sales. EDUCATION • San Diego State University, B.A., Sociology and minor in Public Administration, 1977 • Western State School of Law, J.D., 1984 BAR ADMISSIONS • State of California • Federal Southern District