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April 13, 1990
T0: Mayor Napper
Council Members: Klassen
Oxborough
Willcox
Wippermann ' /_
,�f
FROM: Stephan Jilk, City Administrator
RE: Legal Services - Needs & Request For Pr posal
Pursuant to your direction I have completed a review and
determination of general legal service needs for our operations.
In con,junction with that I have developed a draft "Request For
Proposal" or RFP for Lega1 Consultir�g Services which summarizes
the nee�s we envision and invites potential 1ega1 firms to submit
proposals to provide those services. ,
- I feel the RFP, as presented , provides a thorough outline of our • �
� legal service needs and is adequate for any interested firm to
utilize in determining their proposal package .
Please review the RFP, keeping in mind that its purpose is two
fold . One , that is a statement of our legal service needs and
two, it is a guide to follow in drafting pzoposals to meet those
needs .
, If it meets with your approval and you wish to pursue this
approach in considering other law firms than we already utilize
we can proceed to advertise this request.
I will be pleased to discuss both parts of this consideration at
your convenience and at the council meeting.
s � � �
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� Requests for Pro�osals for
LEGAL CONSIILTING SERVICES
Table of Contents
Pa�e
I . INTRODUCTION 1
II. PROPOSAL INSTRUCTIONS 1
IIT. PROPOSAL CONTENT � 1
LEGAL SERVICE POSITIONS
1 . General Legal Services 2
2. Scope of Work for General Legal Svc. 3
3. Special Legal Projects 4
4. Scope of Work for Special Lega1 Proj . 5
5. Prosecution Services & Scope of Work 6
IV. PROPOSAL EVALUATION AND CONTRACT AWARD 7
V. CONTRACT EXECUTION 7
VI. CITY INFORMATION 8
. .. r�. . � . . � �. � � . �
1
Requests for Proposals for
LEGAL CONSULTING SERVICES
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) Legal 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. Al1 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 leqal service
position.
B. All proposals should be sent to:
Stephan Jilk, City Administrator
City of Rosemount
P.O. Box 510
2875 145th St. W.
Rosemount, MN 55068
(612) 423-4411
C. All proposals must be received no later than 4: 00 p.m.
, 1990.
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.
Legal Consulting Services
RFP
C. Consultant Profile
1. General Leqal Services for a City Attornev:
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.
d. The name, experience and qualifications of
the person who will be responsible for
fulfilling the obligations as City Attorney.
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 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?
2
, Legal Consulting Services
RFP
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.
2 . Scope of Work:
General Leqal Services for City Attornev
a. Legal 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 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,
Parks and Recreation Committee, 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 dealing with operation
of the City council and planning commission and
other committees.
c. Improvement Projects: The City Attorney's office
is involved in assistance with improvement
projects including sanitary sewer, water, storm
include the acquisition and negotiation of all
easements for street and utility purposes
including condemnation where necessary.
Assistance in assessment rolls, advice to the
staff and attending assessment hearings. In
addition the firm will handle all assessment
3
Legal Consulting Services
` RFP
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.
3 . Leqal Consultants for Special Proiects: Provide
specific legal services for certain areas such as labor
law, litigation and other special legal projects. As a
minimum, the proposal shall include:
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.
d. The name, experience and qualifications of the
person who will be responsible for fulfilling the
obligations to the City.
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.
4
. Legal Consulting Services
RFF
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 legal 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.
1. Provide a recent audit or financial report.
4. Scope of tqork:
Leqal 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
� Legal Consulting Services
RFP
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 shall 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. Describe 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.
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, all 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.
6
. Legal Consulting Services
RFP
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.
1. 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.
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 all proposers.
V. CONTRACT E%ECUTION
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 entire
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.
7
. Legal Consulting Services
RFP
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 shall participate in any decision which
affects his or here 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 Council member, or for any City employee or
Council member 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) shall not assign any interest in this
contract and shall not transfer any interest in
the same without the prior written consent of the
City.
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
therefore, the firm(s) selected shall 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 1974 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.
8
. Legal Consulting Services
RFP
1. City Council - The Rosemount City Council is
the final review and approval authority
regarding all contracts, payments, plans,
improvements, 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 Expires
Vernon J. Napper Mayor 12/31/91
Sheila Klassen Council Member 12/31/93
John Oxborough Council Member 12/31/91
Harry R. Willcox Council Member 12/31/93
Dennis Wippermann Council Member 12/31/91
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 departments.
For this proposal, the primary departments
are Administration and Police. These
department heads shall act as liaison to the
contracted firms.
lj April 2, 1990
9