5.4. SR 10-02-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Administration October 2, 2006
Item Description
Consider Re uest for Pro osals for Le al Services
Item Number
S.4.
Prepared by
Lori ohnson, Ci Administrator
Reviewed by
Introduction
On July 17,2006, the City Council approved a motion to obtain Requests for Proposals (RFP) for legal
services with different levels of services offered as bid alternates. The next step in the process is to have
Council approve the RFP and authorize its advertisement.
Discussion
Council members Motin and Farber, Chris Johnson, City Prosecutor, Jeff Beahen, Police Chief, and I
have reviewed the RFP and believe it meets the Council's request to obtain the proposals for legal
services with different levels of service offered as bid alternates. The RFP allows fIrms to bid for either
the city's civil or prosecuting services or both.
There are several items in the RFP that require Council input. They are as follows:
III. PROCESS
A.2. It is in the intent of the City Council to award a contract for legal services for initial
term not to exceed years.
VII. ANTICIPATED TIMELINE
Please review timeline and make changes to fIt the Council's schedule.
Financial Impact
Unknown
Attachments
· City of Elk River Request for QualifIcations and Proposals for Legal Services
Action Requested
Consider Request for QualifIcations and Proposals for Legal Services and authorize advertisement of the
RFP.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\Council\Lori\2006\Legal RFP.doc
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 growing
rapidly and has a current population of approximately 22,000. 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's 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 municipal
water, sewer, garbage, and electric services and operates two off-sale liquor stores.
III. PROCESS
A. The City will use the following process for selecting Legal Service Providers.
1. The City Council will, by resolution, appoint the firm or firms selected to
provide the services indicated.
2. It is the intent of the City Council to award a contract for legal services
for an initial term not to exceed _ years. Prior to the expiration of
said performance, the Council may take action to either extend or
terminate the contract, as it deems appropriate.
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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 October 27,2006:
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
bye-mail toljohnson@ci.elk-river.mn.us prior to the submission deadline.
C. The City will not reimburse any expenses incurred by the mm 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. REOUIRED 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.
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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 action. Indicate whether any action is pending or is
currently under review by the State Ethics Board.
9. Statement of 2005 billings for municipal work as a percentage of total 2005
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 aff1liations
.
.
.
.
.
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.
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 fum's view of their responsibilities to the City in the providing of
legal services.
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H. Copy of Malpractice/liability Insurance Certificate in a minimum amount of
$1,000,000
I. Conflict of Interest:
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 Heads, and
other staff members.
2. Defme the standard time frames 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-f1ttns 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 list 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
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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.
VI. LEGAL SERVICES REOUIREMENTS
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 Heads, 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. 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.
9. Defend City in uninsured claims and other insurance matters.
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10. In coordination with Bond Counsel, review of financing, special assessments,
bonds and insurance requirements required by or for City contracts or activities.
11. Represent City in the acquisition of properties for public improvements,
easements, and parks.
12. Represent City in condemnation proceedings for public improvement projects.
13. Initiate litigation on behalf of City as requested by City Council.
14. Interpret and advise regarding State land use statutes and City Code.
15. Interpret and advise regarding impact fees and legal uses.
16. Advise and represent the City on environmental matters.
17. Prepare and/or review the following:
a. Conditional Use Permits and Documentation
b. Vacation of Rights-of-Way
c. Special Assessments
d. Planned Unit Developments
e. Development Agreements
f. Subdivision and Zoning Requests
18. Possess an adequate knowledge of TIF laws and understand their application.
19. The fum 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 Police Department.
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VII. ANTICIPATED TIMELlNE
Following is the anticipated schedule the City Council expects to utilize for the review and
selection of a City Attorney and Prosecuting Attorney:
1. Starting October 3, 2006
2. October 27, 2006 (4:30 p.m.)
3. November
4. November/December
5. December
6. December
Distribute RFPs
Deadline for receipts of RFPs
Interview
Selection of Firm
Negotiate Contract Agreement
City Council Resolution appointing Firm and
authorizing execution of Contract Agreement
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