The URL can be used to link to this page

9.a) Responses to Request for Proposals, Legal Services Meeting Date: 10/18/2011 Agenda Item: � �' �:� City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Review responses to the request for proposals (RFP) for legal services and determine the next steps for choosing a City Attorney(s). Deadline/Timeline: RFP timeline: RFP Distributed: August 23,2011 Proposal Due Date and Time: Friday, September 30(4:00 p.m.) Review of Proposals: October 3 - 18 Interviews and Selection: Late October/Early November City Council Awards Contract: December,2011 Start Date of Firm: January, 2012 Background: • At the August 16 meeting, the City Council authorized release of the RFP. It was advertised on the City's website, with the League of Minnesota Cities, and mailed to seventeen law firms that provide services to other municipalities. Ten responses were received by the deadline. • Of the 10 responses, 4 firms proposed to represent the city on both civil matters and criminal prosecution; 5 proposed civil representation only; and 1 proposed prosecution services only. • Current City Attorney David Hebert did not submit a proposal. His partner, current City Prosecutor Michael Welch submitted a proposal for prosecution services only. • Copies of the responses have been provided to the Council. A summary sheet including contact information has been prepared and is attached. Contacts were made with several of the firms to clarify information that was not readily apparent from their written proposals. • All of the proposals appear to meet the city's general requirements. All provided the requested certificate of insurance. There is a concern that the limits for one (Steven Sandven Law Offices, with a limit of $250,000 per claim)may not be sufficient. • On the summary table, the lead attorney(generally the same at the contact person) is listed, along with the cities for which that individual is currently designated as the "City Attorney." In some cases where both civil and prosecution services are proposed, there is a different lead prosecutor. • The RFP asked for the availability of the lead attorney to attend City Council meetings. There appear to be no conflicts noted in all but one of the proposals. The lead attorney proposed by Couri &Ruppe is not available the second Tuesday of the month. When contacted about Page 1 of 2 10/11/11 this, Ruppe indicated that his partner(Couri) would be available to attend the workshop meetings, or they could rearrange other commitments to substitute Couri as the lead attorney. • One of the specific requests of the RFP was that the firm be knowledgeable in environmental law. A paragraph about the Zavoral Mining and Reclamation Project EIS was included the background information in the RFP. Because Scandia will certainly have a new City Attorney by the time the EIS is released and for the permitting process that may follow, it will be important that the new City Attorney and their firm be ready and able to advise the City on this process. Several of the firms directly responded to this issue(Campbell Knutson, Kennedy&Graven, Ratwick Roszak& Maloney) and appear to have experience. A couple of others mentioned projects that required environmental review or posed environmental issues but may not be on point to the current issue facing Scandia (Eckberg Lammers; LeVander, Gillen &Miller; Miller& Stevens.) Others did not address the environmental law question. • All of the firms are from the Metro area or nearby, except one. Steven Sandven is located in Sioux Falls, SD but is also admitted to practice law in Minnesota. He was contacted to determine how his location might affect the proposal. He indicated that he is considering relocating to Apple Valley, MN for personal reasons. He said that he would absorb the travel time and related expenses to travel to Scandia, and that he is already traveling to the Metro area on business several times each month so he would be available to attend meetings. Mr. Sandven is not currently City Attorney for any other community. Most of his practice is with tribal governments. • A summary of legal fees &rates paid over the last several years is attached for comparison with the fee proposals. • The table summarizes the rates quoted by each firm; several firms indicated their willingness to negotiate a flat fee or retainer for some of the work (such as routine items or meeting attendance.) Recommendation: Staff recommends that the Council determine the next steps in the process for selecting a new City Attorney. A calendar of city meetings for the rest of 2011 is included to assist with setting dates for interviews. Attachments/ • Summary of Legal Services Proposals Materials provided: • Request for Proposals, August 2011 • Legal Services Billings, 2009-2011 • Meeting Calendar • Ten Proposals(Campbell Knutson,PA; Couri&Ruppe,PLLP; Eckberg Lammers; Hebert and Welch,PA;Kennedy&Graven, Chartered;Knaak& Associates,PA; LeVander,Gillen&Miller,PA;Miller& Stevens,PA; Ratwik,Roszak&Maloney,PA; Steven D. Sandven Law Offices) Contact(s): Prepared by: Anne Hurlburt, Administrator (legal proposals cvr) Page 2 of 2 10/11/11 Summary of Legal Services Proposals City of Scandia, October 2011 Firm: Campbell Knutson,PA Couri&Ruppe, PLLP Eckberg Lammers Hebert&Welch,P.A. Kennedy&Graven, Chartered Contact: Soren M. Mattick Robert T. Ruppe Kevin Sandstrom Michael A. Welch Mary D.Tietjen 651452-5000 763 497-1930 651 351-2134 651464-3397 612 337-9277 smattick@ck-law.com bob@couriruppe.com ksandstrom@eckber�lam mike@hebertwelchlaw.c mtietien@kennedv- mers.com om �raven.com Website: www.ck-law.com www.couriruppe.com WWW•eckberglammers.co www.kennedy- m graven.com Office location: Eagan, MN St. Michael, MN Stillwater, MN Forest Lake,MN Minneapolis, MN Civil, Prosecution or Both Civil Both Prosecution Civil both? Lead Attorney,Civil: Soren Mattick Robert T. Ruppe Kevin Sandstrom N/A Mary D.Tietjen Big Lake, Hampton, Birchwood Village, Lake Shorewood,2009/2010, Kingston,Onamia, S.Croix Beach &St. N/A assistant New Bri hton, Also City Attorney for: Orono,Zimmerman, glomkest, Nowthen , g Stillwater Township Mary s Point Rosemount Lead Attorney, Elliott Knetsch N/A Wendy Murphy Michael Welch N/A Prosecution: 12 attorneys/8 legal 3 attorneys/1 secretary 15 attorneys, 19 support 2 attorneys, 2 support Size of firm: 36 attorneys,8 paralegals I assistants paralegal staff staff ; 98% municipal clients in Civil 12.5%revenue, 80%of practice municipal o Governmental g0% public sector clients 2010; 10 cities, 125 criminal 10.4%of prosecution(Forest Lake 90%of practice local experiente: townships revenue, 2010 &Scandia) government work Lead/Partner$145 $140 or flat retainer/ Rates,Civil: Associates$130 $140 $150 N�A $160 special Paralegal/Clerk$125 Paralegal$95, Assistant/Clerk$75 Law Clerk$85 Attorneys $119 $150 or$1,000 per Rates, Prosecution: qssistant/Clerk$75 N�A month flat fee $110 N/A Billing increment: 0.2 hr 0.25 hr 0.2 hr 0.1 hr 0.1 hr Countil meetings: $30015t 2 hours+ hourly $140/hr +1 hr travel rate thereafter time $150 flat fee $110/hr $140/hr Firm Represents Notes: Current Scandia Current Scandia Bond Adjoining Cities(Marine, prosecuting Attorney Counsel (Steve Bubul) May,Hugo) 1 Summary of Legal Services Proposals City of Scandia, October 2011 Firm: Knaak&Associates, PA LeVander,Gillen& Miller&Stevens,PA Ratwik,Roszak& Steven D.Sandven Law Miller,PA Maloney, PA Offices Contatt: Frederick W. (Fritz) Knaak Bridget McCauley Nason Thomas Miller Amy Mace Steven Sandven 651490-9078 651451-1831 651462-0206 612 339-0060 605 941-1498 fknaak@klaw.us bnason@levander.com tom@millerstevens.com aem@ratwiklaw.com ssandvenlaw@aol.com Website: www.millerstevens.com Office location: St. Paul, MN South St. Paul, MN Wyoming, MN Minneapolis, MN Sioux Falls&Rapid City, SD Civil,Prosecution or Both Both Civil Civil Civil both? Lead Attorney,Civil: Frederick W. (Fritz) Knaak Bridget McCauley Nason Thomas Miller Amy Mace Steven Sandven Assistant for Inver Grove North Branch,Chisago Also City Attorney for: Newport, Fridley,Afton Hts, Mahtomedi,South City, Lakes Area Police Red Wing None St. Paul,West St. Paul Commission Lead Attorney, Frederick W. (Fritz) Knaak Bridget McCauley Nason N/A N/A N/A Prosecution: 2 attorneys,4 support 14 attorneys, 12 support 2 attorneys, 1 paralegal, 21 attorneys,7 support 2 attorne s 2 arale als Size of firm: staff staff 2 legal assistants staff Y ' p g Governmental 40%from municipal 54� billings from o 50%from municipal 99%of 2010 billings to 70%of practice from experience: clients municipal clients;92/o clients municipal clients gov't entities Nason's billings $2,500/mo flat fee civil& Attorneys:$135/$145 $175 Rates,Civil : prosecution $135/$150 specialized litigation $1,750/mo each with $110 paralegal,Clerk:$75/$80 �Mileage&expenses for $1,000 discount if award travel would be waived) both contracts OR Attorney$120 N/A N/A N/A Rates, Prosecution: Attorneys$125 Legal Assistants$90 Paralegal/Clerk$80 Billing increment: 0.1 hr 0.1 hr 0.2 hr 0.1 hr 0.1 hr Council meetings: Included in flat fee $135/hr $150 flat fee $135/hr;open to set fee $175/hr Notes: Firm Represents Forest Lake School District 2 City of Scandia Hebert & Welch, Billings for Legal Services 2009-2011 2009 2010 2011 Month General Prosecution General Prosecution General Prosecution Jan 1,646 341 1,515 1,089 2,104 1,034 Feb 1,569 891 2,176 1,045 1,695 1,958 Mar 2,712 979 356 1,100 862 286 Apr 1,414 495 1,164 869 2,758 537 May 1,626 429 2,352 1,529 1,486 583 lune 1,447 528 2,820 836 2,176 1,430 J u ly 1,238 583 1,422 1,617 1,300 990 Aug 1,108 1,100 897 1,512 836 959 Sept 2,254 814 1,462 1,078 1,528 1,452 Oct 1,150 1,394 2,500 1,012 Nov 1,483 715 1,576 1,144 Dec 566 902 2,522 737 $18,213 $9,171 $20,762 $13,568 $14,745 $9,229 Hourly Rates General/Civil $120/hr Prosecution $110/hr \\SERVER\SharedDocs\Board and Council\Reports\2011\10_18_ll\Legal Services fees 2009-2011 Sun Mon Tue Wed Thu Fri Sat , . . �; 1 2 3 , L.. �� ('� � 4 5 6 7 8 9 � 0 f � Holiday Planning Taco Daze Taco Daze i �� 11 12 13 14 15 16 17 � �� ; � � � �i COuf1C11 Pre/im. Levy � ;` �� Park & Rec Work Dead/ine � � � Session E. � �, 18 19 20 21 22 23 24 , � � � � Council � 25 26 27 28 29 30 , � � I _- , � �� 2011 �� ' I ; �� Sun Mon Tue Wed Thu Fri Sat � � 2 3 4 5 6 7 & r L � � Park & Planning � x � � Rec Cancelled � I 9 10 11 12 13 14 � 5 � � � Council Planning/ � �j � � Holiday Work Scenic � �•/ Session Viewsheds � , � � 16 17 18 19 20 21 �2 � ��-��r Council 23 24 25 26 27 28 �g � Council j Special (Lions � M eeti n Dinner) ; 30 31 1 � � �O� 1 (Hal/oween) I , �.� �� ' ,iu I t�;er�"4"�i)P@�'P.m. � �'� ' '�'��'� '}��'�I°'� � Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 - Planning L ' 6 7 8 9 10 11 �2 � Council ' � Park& Rec Work Holiday Session � 13 14 15 16 17 18 � 9 � � (4H) Council EIS PAC I � � � Q 20 21 22 23 24 25 26 � iL: I � Holiday Holiday _i 27 28 29 30 � I � � 2411 i ; � k :�� Sun Mon Tue Wed Thu Fri S�t 1 2 3 L � „ � 4 5 6 7 8 9 � a k � Park & Rec Planning (�ions � r Dinner) x � � 11 12 13 14 15 16 � 7 � �; � i TinT/& � Council Work F � � � Session �� 18 19 20 21 22 23 �� Q t council k� ��,�; ,� n ,.��..� 25 26 27 28 29 30 31 � Holiday � r,.. � �� zo1 � '