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HomeMy WebLinkAbout6.b. Request for Proposals for Legal Services , ' CITY OF ROSEMOUNT EXTCIITIVE SIIb�iARY FOR ACTION CITY COUNCIL MEETING DATE: MAY 17, 1994 AGENDA ITEM: REQUEST FOR PROPOSAL FOR AGENDA SECTION: LEGAL SERVICES NEW BUSINESS PREPARED BY: THOMAS D. BURT, AGENDA ��� � � CITY ADMINISTRATOR ATTAC�iTS: PROPOSED RFP, ADVERTISEMENT APPROVED BY: The contract for legal services originally expired on January 1, 1994 and was renewed until June 30, 1994 with the law firm of Fluegel, Moynihan & Miles, P.A. , Attorneys At Law. In discussions with the Council there was general consensus to take bids for legal services. The attached bid proposal outlines the schedule of due dates, interviews, and selection. I have made arrangements with Mr. Miles to continue legal services until the new contract takes effect. Recommendation: Approve RFP and advertisement. r , RECOI�NDED ACTION: MOTION to approve the Request For Proposals for Legal Services and direct staff to submit the advertisement to the Rosemount Town Pages . COUNCIL ACTION: REQUEST FOR PROPOSALS FOR LEGAL CONSULTING SERVICES FOR THE � CITY OF ROSEMOUNT , PROPOSALS DUE: 4:00 P.M., FRIDAY, JUNE i'7, 1994 LOCATION: City of Rosemount 2875 145th Street West Rosemount, Minnesota 55068 Requests for Proposals for LEGAL CONSULTING SERVICES Table of Contents Pa�e I. INTRODUCTION 1 II. PROPOSAL INSTRUCTIONS 1 Schedule 2 III. PROPOSAL CONTENT ' 2 LEGAL SERVICE POSITIONS , 1. General Legal Services 2 2. Scope of Work for General Lega1 Svc. 3 3. Special Lega1 Projects 5 4. Scope of Work for Special Legal Proj. 6 5. Prosecution Services & Scope of Work 6 IV. PROPOSAL EVALUATION AND CONTRACT AWARD 7 V. CONTRACT EXECUTION 8 VI. CITY INFORMATION 9 i Requests for Proposals for LEGAL CONSULTING SERVICES to the CITY OF ROSEMOUNT I. INTRODUCTION This request has been prepared by the City of Rosemount to retain the services of legal consultants. The request consists of three parts: 1) A City Attorney and staff for general legal services�. 2) Lega1 consultants for special projects or services required by the City, i.e labor law, contract preparation, litigation, etc. 3) A Prosecution Attorney and staff for prosecution and related legal , � services. II. INSTRUCTIONS TO PROPOSERS A. All legal firms may submit a proposal for one or more of the legal positions. However, if a firm wishes to submit a proposal for all three of the legal positions it must do so separately. A single proposal addressing more than one position will not be accepted. One proposal must be submitted for each legal service position. B. All proposals should be sent to: Thomas D. Burt, City Administrator City of Rosemount P.O. Box 510 2875 145th St. W. Rosemount, MN 55068 (612) 423-4411 C. Written proposals are the only valid form. Proposals received after 4:00 p.m., Friday, June l�, 1994, will be returned unopened. Verbal proposals will not be permitted. LEGAL CONSUTLING SERVICES RFP May 5, 1994 Schedule for Contracting�gal Services: Council Approval of RFP May 17, 1994 Publication of RFP May 17, 1994 RFP's mailed May 20, 1994 Last date for receipt of proposals (4:00 pm) June 17, 1994 Interviews held for selected proposers June 23, 1994 City Council Interviews (Optional) June 30, 1994 Contract awarded by City Council 7uly 5, 1994 Contract period begins July 25, 1994 III. PROPOSAL CONTENT A. Title Page Show the RFP subject, the name of the proposers firm, local address, telephone number, name of contact person and the date. B. Table of Contents , Include a clear identification of the material by section and page number. C. Consultant Profile 1. General Legal Services for a City Attorne,� provide general legal support services for the City, acts in an advisory capacity to the City Council, appointed committees and staff, and assists the staff with general legal direction. a. The areas of expertise and general services available. b. The general qualifications of the firm as related to the requested services. c. The proposal should address each of the activities outlined in the scope of work. The proposal should expand upon each item and set forth the firms approach/ability to carry out each activity. 2 LEGAL CONSUTLING SERVICES RFP May 5, 1994 d. The name, experience and qualifications of the person who will be responsible for fulfilling the obligations as City Attorney. e. The qualifications and resurnes of other professional staff that will be responsible for providing legal services. f. The availability of the aforementioned staff. g. List and describe any previous or current experience in municipal legal services, specify activities performed, and the name of a person who may be contacted at the municipality. h. A list of previous or current activities performed for the City of Rosemount. r i. Define any potential conflicts of interest the firm might have providing services to the City. � j. Describe your legal library and research capabilities. What continuing series are maintained? periodicals? Computer links? What's you capability to maintain a proper response time for legal reports or memos? k. Provide a detailed description and explanation of all fees . and/or charges that may arise for provided municipal legal services. 1. Provide a recent audit or financial report. 2. Scope of Work: ' General Lega1 Services for City AttorneX a. Lega1 Action: The City Attorney's office is involved in any civil action brought against the City that is not covered by liability insurance. These primarily have to do with actions being brought as a result of action of the Planning Commission and City Council whereby a developer or applicant requests the court that the action be overturned. Other civil actions include condemnation for street 3 LEGAL CONSUTLING SERVICES RFP May 5, 1994 and utility right-of-way, actions being brought either by or against the City regarding nuisance issues, and injunctions brought for or against the City. In addition, the attorney's office acts as a liaison in actions brought against the City where Rosemount's liability insurance carrier defends the claims. b. Advisor to City Council, Committees and Staff: The City Attorney also acts as advisor to the City Council, Planning Commission, Utility Commission, Port Authority, Parks and Recreation Committee, Community Center Commission, and other committees and staff. These functions include attending for City Council meetings and Planning Commission meetings and other committee meetings as are requested by the City Administrator or City Council. These activities include the preparation of opinions on miscellaneous legal issues including zoning, platting, and the issuance of permits, procedural matters deal'rng with operation of the City Council, Planning Commission, Port Authority, and other committees. , c. Improvement Projects: The City Attorney's office is involved in assistance with improvement projects including water, sanitary sewer, and stormwater drainage. This includes the acquisition and negotiation of all easements for street and utility purposes including condemnation where necessary, also, assistance in assessment rolls, advice to the staff and attending assessment hearings. In addition the firm will handle all assessment appeals to the District Court and assist in preparing and assembling transcripts for all General Obligation bond issues as requested. d. Miscellaneous Legal Issues: In addition, the City Attorney's office is involved in areas such as ordinance drafting, preparation of documents including development agreements and planned unit development agreements, preparation of agreements of a miscellaneous nature, review of transcripts for industrial revenue and tax exempt mortgage financing, negotiation for the acquisition, sale or transfer of title to personal property and land acquisition of easements by the City for miscellaneous purposes including parks, general advice to the City regarding building . permits, zoning, platting, assistance with insurance issues, employee relations, etc. 4 LEGAL CONSUTLING SERVICES RFP May 5, 1994 3. Lega1 Consultants for Saecial Projects: Provide specific legal services for certain areas such as labor 1aw, litigation and other special legal projects. As a minimum, the proposal shall include: a. The areas of expertise and general services ava.ilable. b. The general qualifications of the firm as related to the requested services. c. The proposal should address each of the activities outlined in the scope of work. The proposal should expand upon each item and set forth the firms approachlability to carry out each activity. d. The name, experience and qualifications of the person who will be responsible for fulfilling the obligations to the Ciry. , e. The qualifications and resumes of other professional staff that will be responsible for providing legal services. f. The availability of the aforementioned staff. g. List and describe any previous or current experience in municipal legal services, specify activities performed, and the name of a person who may be contacted at the municipality. h. A list of previous or current activities performed for the City of Rosemount. i. Define any potential conflicts or interest the firm might have providing services to the City. j. Describe your lega.l library and research capabilities. What continuing series are maintained? Periodicals? Computer links? What's your capability to maintain a proper response time for legal reports or memos? k. Provide a detailed description and explanation of all fees and/or charges that may arise for provided municipal legal services. l. Provide a recent audit or financial report. 5 LEGAL CONSUTLING SERVICES RFP May 5, 1994 4. Scope of Work: Legal Consultants for Special Lega1 Projects a. Special legal consul will provide legal advise, legal consultation and perform the necessary negotiations or litigation on legal issues such as: labor disputes, personnel issues, easement negotiations, damage claims, assessment appeals, content and agreement preparation and other legal actions as deemed necessary by the City Council, City Attorney or City Administrator. Special legal consul will serve the City Council under the coordination of the City Attorney or City Administrator. b. Special legal consul will meet with the City Council or staff at the request of the City Administrator. c. Special legal consul may be given duties that are normally the responsibility of the City Attorney's office due to current workload, or at the request of the City Council or City Administrator. 5. Prosecution Services: Provide the City of Rosemount with prosecution against petty misdemeanors, misdemeanors, and gross misdemeanors as well as providing related legal advice. This includes the ability to site codes as necessary and assisting in the development of City Policies and guidelines for managing different existing and potential situations. As a minimum, the proposal sha11 include: a. Provide resumes for your firm and for each attorney who may provide services to the City. b. Describe special areas of expertise held by members of the applicant firm and describe how they may be utilized/applied within the prosecution function. Deseribe criminal appellate experience. c. One important consideration in the provision of Rosemount's prosecution services is that the attorney(s) be readily accessible to City personnel, especially police officers. Discuss how your firm . intends to meet this goal. 6 LEGAL CONSUTLING SERVICES RFP May 5, 1994 d. Describe who would primarily serve as prosecutor. Describe how you will assure backup personnel. e. Describe your legal library and research capabilities. What continuing series are maintained? Periodicals? Computer links? f. Describe your support staff (knowledge, skills, abilities, experience). g. Describe, with detail, a11 related services that will be rendered in conjunction with the proposed prosecution services (training sessions for police, regular written updates and policy statements). h. List and describe any previous or current experience in municipal legal services, specify activities performed and the name of a person who may be contacted at the municipality. i. List previous or current activities performed for the City of Rosemount. , j. Define any potential conflicts of interest the firm might have providing services to the City. k. Provide a detailed description and explanation of all fees and/or charges that may arise for provided prosecution and related legal services. l. Provide a recent audit or financial report. IV. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer(s) evaluated to be best qualified to perform the work for the City, cost and other factors considered. B. Based upon the evaluation, the City Administrator will recommend to the City Council the selection of the firm(s) judged to be the most responsive and responsible proposer for each position. The actual selection of the firm(s) and contract awards will be made by the City CounciL 7 LEGAL CONSUTLING SERVICES RFP May 5, 1994 C. The City shall not be liable for any expenses incurred by the proposer including but not limited to expenses associated with the preparation of the proposal, attendance at interviews, preparation of a cost proposal or final contract negotiations. D. The City of Rosemount reserves the right to reject any and all proposals or to request additional information from a11 proposers. V. CONTRACT EXECUTION A. Contract Negotiations Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer(s) to whom the contract(s) is recommended to be awarded be unable to mutually agree upon the entir� contract, the City reserves the right to discontinue negotiations, select another proposer or reject all of the proposals. Upon completion of negotiations agreeable to the City and proposer, a contract shall be executed. , B. Contract Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract sha11 participate in any decision which affects his or her direct or indirect personal or financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or Councilmember, or for any City employee or Councilmember to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. 3. The firm(s) sha11 not assign any interest in this contract and sha11 . not transfer any interest in the same without the prior written consent of the City. s . LEGAL CONSUTLING SERVICES RFP May 5, 1994 4. The firm(s) shall not accept any client or project which, by nature, places it in an ethical conflict with its representation of the City of Rosemount. 5. The City requires affirmative action, and therefare, the firm(s) selected sha11 not discriminate under the contract against any person in accordance with federal, state or local regulation. VI. CITY INFORMATION A. City Organization The City of Rosemount was incorporated in 1971 as a statutory, Plan A city. It has a Council - Administrator form of government. The City provides a full array of municipal services and general administrative functions. � 1. City Council - The Rosemount City Council is the final review and approval authority regarding all contracts, payments, plans, impro�ements, policies, procedures, and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. Name Title Term Ex�ires E.B. McMenomy Mayor 12/31/95 Joan M. Anderson Councilmember 12/3ll97 Cathy Busho Councilmember 12/31/97 James "Red" Staats Councilmember 12/31/95 Dennis Wippermann Councilmember 12/31/95 2. City Administrator - The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. : 3. City Staff - The City Administrator implements Council direction through the department heads of eight City 9 . LEGAL CONSUTLING SERVICES RFP May 5, 1994 departments. For this proposal, the primary departments are Administration and Police. These department heads shall act as liaison to the contracted firms. � , legalrfp.941j 1� } i ADVERTISEMENT IlV: Rosemount Town Pag.es REQUEST FOR PROPOSALS - LEGAL SERVICE The City of Rosemount will accept proposals to provide general and project specific legal services to the City Council and staff until June 17, 1994. Individuals or firms wishing to be considered must contact the City Administrator's office at (612) 423-4411, between 7:30 a.m. and 4:00 p.m., M- F, to receive a Request for Proposal (RFP), which outlines the requirements for submitting proposals to provide these services. The City of Rosemount is an equal opportunity employer�and will consider proposals from all interested firms and recommends minority and females to consider this request. ,