4.10. SR 03-04-2013 Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.10
AGENDA SECTION MEETING DATE PREPARED BY
Consent March 4, 2013 Cal Portner, City Administrator
ITEM DESCRIPTION REVIEWED By
Legal Services Request for Qualifications and Proposals
REVIEWED BY
ACTION REQUESTED
Approve by motion the Legal Services Request for Qualifications and Proposals (RFP).
BACKGROUND/DISCUSSION
The city last went to market to request legal services proposals in 2006. It is a good municipal practice to
periodically test the professional services market to ensure quality and cost-effective services.
Over the past few months, the city has marketed requests for proposal for a number of professional
services.
The attached RFP is for civil legal and prosecutorial services. The RFP also seeks information regarding
proposing firm's experience with municipal electrical power utility.
As the Council may know,per state statute,professional service selection is not required to be considered
solely on pricing. The selection process will include other service criteria.
The following timeline is identified in the RFP,which will provide sufficient time for the Council to
interview finalists or to select volunteers to participate on the selection panel.
March 7, 2013 Distribute RFP
April 4, 2013 (4:30 p.m.) Deadline for receipts of RFP
April/May Review, selection and transition
June 2013 Anticipated start
FINANCIAL IMPACT
N/A
ATTACHMENTS
■ Request for Qualifications and Proposals for Legal Services
POWERED 0
1`4 f U R E
City of Elk River
Request for QUALIFICATIONS and PROPOSALS
for LEGAL SERVICES
I. PURPOSE
The City of Elk River is requesting qualifications and proposals for Legal Services from firms
experienced in municipal law. Firms may choose to be considered for either or both or all of the
following services:
• City Attorney
• Prosecuting Attorney
II. BACKGROUND
Elk River is located in Sherburne County and serves as the county seat. The city is a growing
regional center with a population of approximately 24,000. Elk River operates under a statutory
form of government consisting of a four-member City Council and a Mayor who is also a voting
member.
The City Council is responsible for adopting the city budget and tax levy,passing resolutions and
ordinances, all hiring and firing decisions,policy making, development and growth planning, and
overall direction of the city.
In addition to providing general government services, Elk River provides a full range of other
services including police and fire protection,building and other safety inspections,planning and
zoning, economic development, environmental services,parks and recreation,library, street, snow
removal,infrastructure maintenance and repair, and others.
The city provides sewer,garbage and recycling services and operates two off-sale liquor stores.The
city also works closely with Elk River Municipal Utilities who provide municipal water and electric
power services.
III. PROCESS
A. The city will use the following process for selecting Legal Service Providers.
1. The City Council representatives and staff will review the proposals received
and make a recommendation to the City Council.
2. The City Council will,by resolution, appoint the firm or firms selected to
provide the services indicated.
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IV. GENERAL INSTRUCTIONS
A. Responses must provide complete information as described in this request. Eight (8)
copies shall be submitted by 4:30 p.m. on April 4, 2013:
City Administrator
City of Elk River
13065 Orono Parkway
Elk River,MN 55330
B. To ensure fairness and uniformity, firms submitting responses are requested to not
contact city staff or the City Council. Questions about this RFP may be sent by e-mail
to cportner o ElkRiverMN.gov prior to the submission deadline.
C. The city will not reimburse any expenses incurred by the firm submitting responses
including, but not limited to, expenses associated with the preparation and submission
of the response and attendance at interviews.
D. The city reserves the right to reject any and all proposals, to request additional
information from any and all Proposers, and to suggest modifications to the terms and
conditions of a retainer agreement from that offered by a Proposer.
V. REQUIRED CONTENTS OF RESPONSE
A. Firms shall indicate which of the two legal services (City Attorney and/or Prosecuting
Attorney) for which they wish to be considered.
B. Firm Background:
1. Brief history of firm including nature of the firm's practice.
2. Number of attorneys,including number of partners and associates and areas of
specialty.
3. Provide the overall capabilities, qualifications, training, and areas of expertise for
each of the principals,partners, and associates of the law firm including the length
of employment for each person and his/her area of specialization.
4. Support personnel including number and expertise.
5. Office organization and support capabilities.
6. Office locations(s).
7. Current use of technology, especially capability for computerized legal research and
for sharing and editing documents electronically.
8. Statements of any malpractice claims 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
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action. Indicate whether any action is pending or is currently under review by the
State Ethics Board.
9. Statement of 2012 billings for municipal work as a percentage of total 2012 billings.
10. Describe malpractice insurance coverage: carrier, limits, and exemptions.
11. Statement of compliance with federal and state laws respecting civil rights.
C. Attorney Qualifications:
1. 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:
■ Academic training and degrees
■ Year admitted to the Minnesota Bar Association
■ Description of background and experience
■ Description of prior municipal experience including cities served in a
similar capacity
■ List of litigation in communities where designated attorney served as lead
attorney and outcomes of litigation
■ Professional affiliations
2. Identify attorney who will serve in the lead attorney's absence,and provide
information as requested in No. 1 above.
3. Identify other attorneys and support staff who will supply services for which the
city will be charged.
4. Indicate current responsibilities of person designated to serve as lead attorney.
5. Indicate whether the firm has experience with municipal electrical power utilities
and identify/provide information consistent with No. 1 above.
D. List cities you currently represent and for what type of service.
E. List cities you began representing in the last three years and cities you stopped
representing in the last three years.
F. Names,telephone numbers, and contact person of at least five (5) client references,at
least two (2) of which shall be cities.
G. Describe the firm's view of their responsibilities to the city in the providing of legal
services.
H. Copy of Malpractice/liability Insurance Certificate in a minimum amount of$1,000,000
I. Conflict of Interest:
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1. 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.
2. Indicate whether designated lead attorneys or the law firm currently represent any
real estate developers. If so,please identify those companies or persons in detail
and provide a percentage breakdown of how much this work represents of your
firm's total billings.
3. Identify what procedures your firm utilizes to identify and resolve conflicts of
interest.
J. City/City Attorney Relationship:
1. Describe how you would structure the working relationship between the City
Attorney and the City Council, City Administrator,Department Directors, and
other staff members.
2. Define the standard timeframes for response by the City Attorney to direction
and/or inquiry from the City Council or City Administrator.
3. Describe the systems or mechanisms that would be established for monthly
reporting of the status of projects,requests, and litigation.
K. Fees:
1. City Attorney-firms desiring to be considered for City Attorney services shall
indicate a monthly retainer amount and describe specific services to be included
within the retainer and any services that would be outside the retainer (refer to the
Est of services in Section VI.) For services outside the retainer,indicate the hourly
rate for City Attorney and other attorneys and support staff that may be working
on city business.
2. City Prosecutor-firms interested in providing City Prosecutor services shall indicate
a monthly retainer amount and describe specific services to be included within the
retainer and provide an hourly rate for the lead attorney and hourly rates for other
attorneys and staff that may be working on non-retainer city business.
3. The city is interested in exploring alternative fee arrangements other than the
retainer or hourly rate. Indicate any alternate billing arrangements you would be
willing to consider and under what circumstances they would be most appropriate.
4. Firms shall indicate all other costs and reimbursables including travel (per mile),
telephone,printing,photocopying, etc.
5. Firms shall indicate the minimum increment of time billed for each service
including phone calls, correspondence, and personal conferences.
L. Term: State the minimum length of contract (in years) you will accept.
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VI. LEGAL SERVICES REQUIREMENTS
Following are the primary responsibilities for each of the two legal service areas:
City Attorney
1. Attend City Council meetings and other City Board,Authority, Commission or
Committee meetings as requested by the City Council or City Administrator.
2. Draft and/or review ordinances,resolutions, and correspondence, as requested. Review
City Council agendas and meeting minutes as requested.
3. Advise and/or prepare legal opinions to the Mayor,Councilmembers, City
Administrator,Department Directors, and other staff on city legal matters,including
Council agenda items.
4. Prepare and/or review municipal contracts, such as contracts for public improvements,
joint powers of agreements, construction, and purchase of equipment.
5. Represent City in matters related to the enforcement of city building and zoning codes.
6. Provide legal briefings as requested to City Council and staff regarding new or
proposed legislation or judicial decisions affecting municipal operations and activities.
7. Provide advice on open meeting law, data practice,records retention and privacy
issues.
8. Provide guidance on city personnel matters and policies,including employee discipline
and grievance issues,veteran's preference, FLSA,union contracts, etc.
9. Defend city in litigation (except in those cases where insurance companies are required
to provide defense) including, but not limited to, 1) human rights claims; 2)
condemnation;3) permits and administrative actions; and 4) labor and employment
matters.
10. Defend city in uninsured claims and other insurance matters.
11. In coordination with Bond Counsel,review of financing, special assessments,bonds
and insurance requirements required by or for city contracts or activities.
12. Represent the city in the acquisition of properties for public improvements, easements,
and parks.
13. Represent the city in condemnation proceedings for public improvement projects.
14. Initiate litigation on behalf of city as requested by City Council.
15. Interpret and advise regarding state land use statutes and City Code.
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16. Interpret and advise regarding impact fees and legal uses.
17. Advise and represent the city on environmental matters.
18. Prepare and/or review the following:
a. Conditional Use Permits and Documentation
b. Vacation of Right-of-Way
c. Special Assessments
d. Planned Unit Developments
e. Development Agreements
f. Subdivision and Zoning Requests
19. Possess an adequate knowledge of TIF laws and understand their application.
20. The firm shall not subcontract out or assign any interest in the contract and shall not
transfer any interest in the same without prior written consent of the city.
Prosecuting Attorney
1. Represent and prosecute all criminal law matters within the city's jurisdiction,included
but not limited to scheduling, coordinating officer appearances, reviewing all criminal
cases presented for purposes of prosecution,determine technical compliance with
criminal code and other state statutes,writing complaints, making recommendations to
the court for alternatives to prosecution where appropriate,act as a resource to the
Police Department in the development of criminal cases, and provide training sessions
for police staff as needed.
2. Timely pursuit of disposition of criminal cases in advance of actual court cases to avoid
unnecessary officer court time.
3. Process and present forfeiture cases on behalf of the Police Department.
VII. ANTICIPATED TIMELINE
Following is the anticipated schedule the City Council expects to utilize for the review and
selection of a City Attorney and Prosecuting Attorney:
1. March 7, 2013 Distribute RFP
2. April 4, 2013 (4:30 p.m.) Deadline for receipts of RFP
3. April/May Review, selection and transition
4. June 2013 Anticipated start
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