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HomeMy WebLinkAbout8.b. Legal Services RFP � - ,� + � � � � � � � � � c��� F�C�x �i0 � � � � � �l���� � � � 18 r� t a �t f�� � r �':� � � � � � �c7������ � RCJSEMOUNT_ MINNFFt�TI� '��•r)fS R1?�-�4?:+ �di 1 � � � � � � . � � � � � �� ITEM # � g 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 � � � lj � 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