8.f)1) Request for Proposals, Legal Services Meeting Date: 08/16/2011
Agenda Item: � � ��
City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Review and authorize release of a request for proposals (RFP) for
legal services (City Attorney and prosecutions.)
Deadline/Timeline: Proposed schedule:
RFP Distributed: August 23, 2011
Proposal Due Date and Time: Friday, September 30, 2011 (4:00
p.m.)
Review of Proposals: October 3 - 18, 2011
Interviews and Selection: Late October/Early November, 2011
City Council Awards Contract: December, 2011
Start Date of Firm: January 2012
Background: • At the June 21 meeting, the Council directed staff to prepare a
Request for Proposals for legal services.
• The draft RFP has been prepared based staff's review of examples
obtained from other cities.
• The RFP includes City Attorney(civil) and Prosecutor(criminal)
services. It does not include Bond Counsel services. The contents
of such an RFP would be quite different, as would the firms that
would respond.
Recommendation: The Council should review the RFP and request any desired changes,
then approve it for release.
A separate RFP should be issued for Bond Counsel services at a later
date,prior to the next time the city might issue bonds or other debt.
Attachments/ • Draft Request for Proposals for Legal Services
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(legal rfp)
Page 1 of 1
08/12/11
� \ � �
� �
.� .�•
SCANDIA
CITY OF SCANDIA, MINNESOTA
REQUEST FOR PRO�OSAIS
FOR LEGAL SERVICES
Av�st, �oi 1 ��:
��.::
_..�:
�:_;�;
I. Purpose
The City of Scandia is inviting proposals for legal services from firms experienced in municipal
law and representation of municipal clients, with a minimum of 10 years of municipal law
experience. As City Attorney, the selected law firm or individual will be expected to provide a
wide range of legal services. The City Attorney wi11 be selected by the City Council and will
work closely with the City Administrator and other city staff. Firms may choose to be
considered for either or both of the following services:
• City Attorney
• Prosecuting Attorney
II. Background
The Ciry of Scandia is located in northern Washington County, Minnesota. The City is
approximately 39 square miles in area. The most recent official population is 3,936 (2010
Census). Scandia was incorporated on January l, 2007 from the former New Scandia
Township. "i'he city operates under Minnesota Statutes "Plan A" form of government.
The City's governin�body consists of a Mayor and four Council members, all elected at large.
Council members serve 4-year overlapping terms of office, and the Mayor serves a 2-year term.
Regular City Council meetings are held the third Tuesday of each month, with a work session
meeting scheduled for the second Tuesday of each month.
The City consists of the following departments: Administration,Zoning/Building Inspections,
Public Works, and Fire. The city contracts for police, engineering, legal and planning services,
and for the operation of a community sewage system on Big Marine Lake (with Washington
County.) The city currently has four full-time employees (Administrator/Clerk, Building
Official/Maintenance Supervisor, and two Maintenance Workers. There are four regular part-
time employees (Deputy Clerk, Treasurer, Office Assistant, and Recreation Program
1
City of Scandia Request for Proposals
For Legal Services,August,2011
Coordinator.) Various seasonal and temporary employees supplement the staff from time-to-
time. The Fire Department is primarily paid on call, with a small stipend paid to officers.
Scandia is currently represented Hebert and Welch of Forest Lake for both City Attorney
services and prosecutions. The city has used Kennedy and Graven for bond counsel services.
Scandia is currently in the process of preparing an Environmental Impact Statement(EIS) for the
Zavoral Mining and Reclamation Project, a sand and gravel mine proposed by Tiller Corporation
located adjacent to the St. Croix River National Scenic Riverway. Deliver of the draft EIS is
expected in November or December of 2011, with the public comment period and adequacy
determination expected to occur in early 2012. Review of a Conditional Use Permit (CUP)
would follow. This project has generated a number of legal issues since its inception and is
expected to continue to be contentious though the remainder of the process. More information
about this project is available on the city's website (www.ci.scandia.mn.us.)
III. Scope of General Legal Services
The law firm/attorney(s) are required to be knowledgeable in a variety of legal areas, including
but not limited to:
• General municipal laws. �
• Labor law.
• General state and federal laws relating to municipal government.
• Municipallitigation.
• Zoning, land development, platting, condemnation, MSA 429 Projects, housing,
subdivision, land use law.
• Economic development activities including development, redevelopment,
enforcement, and property/real estate law.
• Legal activity relating to generai obligation bonds, revenue bonds, and other bonding
and financial processes (Note: Scandia does utilize a separate bond attorney.)
• Ordinance and resolution development and interpretation.
• Contract law.
• State rules and regulations that control and manage private utilities in public right-of-
way.
• Environmentallaw.
• Eminent domain.
IV. Citv Attornev Services Requested
City Attorney services, for the purpose of this proposal, shall include those legal services
generally understood within the field of municipal law to fall within the category of "general
counsel"work, and shall include, but not necessarily be limited to,the following:
• Routine legal advice, telephone and personal consultations with the City Council,
City Administrator, and deparhnent heads or authorized representatives.
2
City of Scandia Request for Proposals
For Legal Services,August,2011
• Assistance in the preparation and review of ordinances, resolutions, agreements,
contracts, forms, notices, certificates, deeds, and other documents required by the
city.
• Attendance at regular City Council meetings per month, as well as other meetings as
requested.
• Attendance at other board, commission, and committee meetings,upon request.
• Attendance at staff ineetings and meetings with city staff, upon request.
• Legal advice and opinions concerning legal matters that affect the city.
• Legal work pertaining to property acquisitions,, property disposals, public
improvements, easement dedications, and right-of-way vacations.
• Reviewing bonds and insurance requirements required by or for City contracts or
activities.
• Provide advice on open meeting law, data practice, records retention, and privacy
issues.
• Preparing deeds, easements, and other documents for recording purposes. Record
documents at Washington County and provide original document to City
Administrator.
• Acquiring easements and public right-of-way through negotiations or the use of
eminent domain and in compliance with federal acquisition and relocation
regulations.
• Enforcement of city codes, zoning regulations, and building standards through
administrative and judicial actions.
• Monitoring of pending and current state and federal legislation and court decisions,
as appropriate.
• Coordination of outside legal counsel,'as needed and as directed by the City Council
and City Administrator.
• Defending the city in all litigation, as requested, except in those cases where
insurance companies are required to exclusively provide defense including, but not
"��.
limited to: (1) human rights claims; (2) condemnation, (3) zoning and land use
regulation matte�s, (4) permits and administrative actions, and (5) labor and
' employment matters.
V. Prosecuting Attornev Services Requested
• Represent the city including attendance at all arraignments, pre-trials, rule 8 hearings,
omnibus hearings, court trials, sentence revocation hearings, restitution hearings and
sentencing hearings, and prosecute all non-felony criminal law matters occumng
within the City's jurisdiction.
• Scheduling, and coordinating officer appearances. Reviewing all criminal cases
presented for purposes of charging or charging recommendations, determine technical
compliance with criminal code and other state statutes, writing complaints, making
recommendations to the Court for alternatives to prosecution where appropriate,
3
City of Scandia Request for Proposals
For Legal Services,August,2011
• Timely pursuit of disposition of criminal cases in advance of actual Court cases to
avoid unnecessary court time.
• Process and present vehicle forfeiture cases related to DUI violations that occur in the
City of Scandia.
• Notifying and communicating with crime victims.
VI. Required Contents for Proposals
A. Firms shall indicate which of the legal services (City Attorney and/or Prosecuting
Attorney) for which they wish to be considered.
B. Firm Background: �
.�;.
. :�p.,n..,:
�wf'i.:
• Brief history of firm.
• Number of attorneys, including number of partners and associates and areas of
specialty.
• Support personnel: number and expertise.
• Office organization and support capabilities.
• Office location(s).
• Current use of technology, especially capability far computerized legal research and
for sharing and editing documents electronically.
• Statement of any malpractice clai�ns and/or ethics complaints taken against your firm
or firm's attorney(s) over the last five years and the status or outcomes of such action.
Indicate whether any action is pending or is currently under review by the State
Ethics Board.
• Statement of 2010 billings for municipal work as a percentage of total billings.
• Describe malpractice insurance coverage: carrier, limits, and exemptions.
• Statement of compliance with federal and state laws respecting civil rights.
C. Attorney Qualifications:
• Identify the specific attorney who will serve as the lead attorney for each of the legal
services you have expressed interest in providing, and indicate the following:
o Academic training and degrees.
o Description of background and experience.
o Description of prior municipal experience including cities served in a similar
capacity.
• Identify attorney who will serve in the lead attorney's absence, and provide
information as requested in bullet 1 above.
• Identify other attorneys and support staff who will supply services for which the City
will be charged.
4
City of Scandia Request for Proposals
For Legal Services,August,2011
• Indicate current responsibilities of person designated to serve as lead attorney.
D. List of cities you currently represent and for what type of service.
E. List of cities you began representing in the last three years and cities you stopped
representing in the last three years.
F. Description of the firm's view of their responsibilities to the City in the provision of legal
services.
G. Description of the firm's experience, and the experience of the designated lead attorney,
with representing municipal clients in the EAW/EIS process, including information on
specific projects and their relevance to cunent issues for the City of Scandia.
G. Copy of Malpractice/Liability Insurance Certificate.
VII. Clients/Conflict of Interest
• Indicate whether designated lead attorneys or the law firm represent, or have represented,
any client whose representation may conflict with your ability to provide legal services to
the City.
• Indicate whether designated lead attorneys or the law firm currently represents any other
local units of government having jurisdiction within, or contiguous to, the City of
Scandia.
• List any and all personal or professional relationships that the proposed lead attorney has
with the City Council members or members of the community.
• Indicated whether the designated lead attorneys or the law firm currently represent any
real estate developers in Scandia or in any municipality contiguous to its borders. If so,
please identify those companies or persons in detail.
• Identify what procedures your firm utilizes to identify and resolve conflicts of interest.
VIIL Comuensation °
City Attorney/Civil— �
• Retainer: Firms desiring to be considered for City Attorney services may indicate a
monthly retainer amount and describe specific services to be included within the retainer
and any services that would be outside the retainer. For services outside the retainer,
indicate the hourly rates for City Attorney and other attorneys and support staff that may
be working on City business.
• Hourly: Firms desiring to be considered for City Attorney services and charging an
hourly rate shall indicate the hourly rates for the City Attorney and other attorneys and
support staff that may be working on City business.
5
City of Scandia Request for Proposals
For Legal Services,August,2011
Prosecutor—
• Firms interested in providing City Prosecutor services shall provide an hourly rate for the
lead attorney and hourly rates for other attorneys and staff that may be working on City
business.
All Firms—
• State the rate for meeting attendance, whether hourly or otherwise.
• Identify the minimum increment of time billed for each service, e.g. telephone calls,
conespondence, personal conference.
• Define the type and unit rates for reimbursement of expenses such as mileage,
reproduction of documents, and word processing charges.
IX. Professional References
Provide three (3) professional references for the individual designated as City Attorney,
including addresses and work telephone numbers. References should be currently employed
public agency officials or agents.
X. Evaluation and Selection Process
Proposals will be screened and the top candidates selected by the City Council. The
qualifications for the top candidates will be verified and references will be checked. In
reviewing proposals, the city will carefully weigh the following:
• Depth and breadth of experience and expertise in the practice of law, specifically in those
areas most often encountered in municipal government operations.
• Capability to perform legal services promptly and in a manner that permits the City
Council and staff to meet established deadlines and to operate in an effective and efficient
manner:
• Degree of availability for quick response to inquires that arise out of day-to-day operating
questions or problems.
• Degree to which firm and individual attorneys stay current through continued
professional development and active communication with practitioners in the municipal
law field.
• Communication skills.
• Cost of services.
• Other qualifications/criteria as deemed appropriate by the City Council.
The contract will require that the individuals or law firm selected as City Attorney maintain
general liability, automobile, workers' compensation, and errors and omissions insurance. The
contract will also contain provisions requiring the selected individual or law firm to indemnify
the city and provide that the City Attorney is an independent contractor serving at the will of the
City Council. Other required provisions will include the City Council's right to terminate the
agreement, at its sole discretion, upon the provision of notice.
6
City of Scandia Request for Proposals
For Legal Services,August,2011
The city requires compliance with Equal Opportunity regulations and therefore, the firm selected
shall not discriminate under the contract against any person in accordance with federal, state, or
local regulation and shall certify to such in their proposal.
The city will not provide reimbursement to anyone for any expense incurred that is associated
with the preparation and submission of the proposal and attendance at interviews.
XI. Schedule
Law firms or individuals interested in submitting proposals for City Attorney shall submit ten
(10) complete copies of the proposal, along with a proposed contractual agreement, in a sealed
envelope bearing the caption, "Scandia City Attorney Propo�al". Late proposals will not be
considered. All proposals will be deemed confidential and will be retained by the City of
Scandia. The envelope shall be delivered to:
Anne Hurlburt, City Administratar
City of Scandia
14727 209�' St N
Scandia, MN 55073
Requests for Proposals Distribut�d: August 23,2011
Proposal Due Date and Time: Friday, September 30, 2011 (4:00 p.m.)
Review of Proposals: October 3 - 18, 2011
Interviews and Selection: Late Oct�ber/Early November, 2011
City Council Awards Contract: ` December, 2011
Start Date of Firm: January 2012
The City Council reserves the right to reject all proposals, to request additional information
concerning any proposal for purposes of clarification, to accept or negotiate any modification to
any proposal following the deadline for receipt of all proposals, and to waive any irregularities if
such would serve the best interests of the city as determined by the City Council.
In order to ensure a fair review and selection process, firms submitting proposals are specifically
requested not to make contacts to the city staff or council members regarding these proposals,
but to direct all response and inquiries to the City Administrator.
7
City of Scandia Request for Proposals
For Legal Services,August,2011