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HomeMy WebLinkAbout#06 - RFP for Prosecution ServicesSTAFF REPORT DATE: August 10, 2021 DISCUSSION AGENDA ITEM: Request for Proposal for Prosecution Services SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In 2017 the city issued a Request for Proposals (RFP) for prosecution services. Proposals from seven firms were received and the City Council selected Johnson and Turner. Their proposal was for 5 years and is ending in 2021.Copy attached. ISSUE BEFORE COUNCIL: Should the Council issue a Request for Proposals for Prosecution Services? PROPOSAL: In order to prepare for 2022, if the Council would like to issue an RFP for prosecution services staff is seeking that direction now. The RFP would be issued in September, due in October with interviews (if desired in November) so a new contract and appointment could be approved at the first meeting in January. FISCAL IMPACT: TBD OPTIONS: Discuss whether or not staff should bring the RFP to a Council meeting for approval. Alternatively, staff could be directed to negotiate a new contract with Johnson and Turner. ATTACHMENTS: • 2017 Johnson and Turner Proposal • 2017 RFP REQUEST FOR PROPOSALS PROSECUTING ATTORNEY SERVICES January 17, 2017 The City of Lake Elmo is soliciting proposals from qualified law firm(s) to represent the City in prosecution matters. Preference will be given to those submittals demonstrating experience in this area of municipal law. The successful applicant shall possess sufficient resources to ensure that the demands for the City’s legal needs will be met on a timely basis. The relationship would be on a consulting or contractual basis, as opposed to a staff position. The City would prefer awarding a four-year contract for these services. Included in this RFP is a more detailed description of the services to be provided, an outline of the proposal requirements, a description of the proposal review process, and a description of required contract ethics. In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts to the City staff or council members regarding these proposals. If there are questions regarding this process, they should be directed to: Kristina Handt, City Administrator, 3880 Laverne Ave N, Suite 100, Lake Elmo, MN 55042 (651)747-3905 or khandt@lakeelmo.org. Failure to comply with this request may result in disqualification of the proposal. BACKGROUND The City of Lake Elmo is located in Washington County. Growth and development for the City is projected over the next several years based on recent approvals to the City’s Comprehensive Plan that permits the introduction of municipal services for a portion of the community. The current population is approximately 11,105. The City operates under the statutory plan-A form of government consisting of a four-member City Council and a Mayor. The City Council is responsible for adopting the City’s budget and tax levy, adopting 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, the City offers a full range of other services including fire protection, building and other safety inspections, planning and zoning, parks, street maintenance, snow removal, infrastructure maintenance and repair, and others. The City provides limited municipal water and sewer services that will be expanded in the coming years. For police services, the City contracts with the Washington County Sheriff’s Office, SECTION ONE: SCOPE OF CRIMINAL LEGAL SERVICES CRIMINAL PROSECUTION SERVICES COVERED BY RETAINER - The services and qualifications that are required by the City for criminal prosecution services covered by a fixed retainer fee include, but are not limited to, the following areas: 1. Prosecution of all petty misdemeanor, misdemeanor and statutorily delegated gross misdemeanor offenses committed within the corporate limits of the City. This includes all such cases initiated by any law enforcement agency and citizen complaints including but not limited to traffic violations, DWI cases, theft and City code violations. 2. Provide advice, consultation and training where required to the City's enforcement staff in the interpretation and enforcement of statutes, ordinances and investigations of violations in connection with the prosecution of criminal cases. 3. Prepare criminal complaints where facts warrant. 4. Evaluate all cases where a plea of not guilty is entered and prosecute where warranted. 1 5. Prepare appropriate pre-trial notices as required. 6. Seek such additional investigation as required. 7. Negotiate and enter plea bargains where deemed advisable. 8. Represent the City at all pre-trial motions. 9. Perform all legal research and prepare briefs when required. 10. Try all jury and court cases. 11. Examine, evaluate and provide representation for all appeals to Appellate Courts. SECTION TWO: INSTRUCTIONS TO PROPOSERS 1. Proposals should be submitted to Kristina Handt, City Administrator, City of Lake Elmo, 3880 Laverne Ave N, Suite 100, Lake Elmo, MN 55042. Proposals should be received no later than 4:30 p.m. on Tuesday, February 14, 2017. 2. Seven (7) copies of each proposal should be submitted. 3. All proposals submitted must provide complete information as indicated in this request. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. 4. Questions regarding this request should be directed to Kristina Handt, City of Lake Elmo, 3880 Laverne Ave N, Suite 100, Lake Elmo, MN 55042 and 651-747-3905 or khandt@lakeelmo.org In order to ensure a fair review and selection process, law firms submitting proposals are specifically requested not to make other contacts with the City staff or Councilmembers regarding their proposals. SECTION THREE: REQUIRED CONTENTS FOR PROPOSALS 1. Title Page - Show the RFP subject: Provision of Prosecuting Attorney Services, the name of the proposer’s firm, local address, telephone number, name of contact person, and the date. 2. General Information • Provide a brief background history of the firm, and number of attorneys employed. An organizational chart or description of office organization would be helpful. • Designate the primary contact, and identify those who would be working in more specialized areas. Describe the current principle responsibilities for the individual designated as lead attorney. • Include a current resume for each attorney who will be primarily assigned to the City of Lake Elmo. This information should include relevant academic training and degrees, description of prior experience in law areas described in the scope of services, number of years with the firm, areas of responsibility with the firm, and other background or experience which may be helpful in evaluating your proposal. • Provide information as to how many attorneys are knowledgeable about municipal law and related fields as described in the scope of services. • Indicate the location of the primary office and attorneys assigned to service this account. Provide the address, phone number(s), cell-phone number(s), e-mail address, and FAX number(s) of the firm. • Provide information regarding the number of paralegals by their specialties, and the number and position titles of support personnel, specifically those who may be providing services to the City of Lake Elmo. • Provide an assessment of the availability of the City attorney and other professional staff to be assigned to a contract with the City of Lake Elmo. This includes availability of back-up attorneys in case of illness, turnover, or other loss of personnel. 2 3. Police Issues - Demonstrate knowledge of police authority issues. The City of Lake Elmo contracts with Washington County for police services. 4. References - Provide a reference list of three (3) recent (within five years) municipal clients. If municipal clients are not available, other major clients may be submitted. Particular attention will be given to municipal client references. All Proposals shall include the following information: FEES - Identify in your proposal the amount your firm proposes to charge for the following: Please provide that billing information for a period of at least four years. RETAINER – Please quote a retainer fee to be charged for prosecution services and the items noted herein that are to be covered by the retainer. Also state separately the rate for any other cost items proposed to be itemized and billed (i.e. mileage, photocopying, Westlaw, or Lexis fees, overhead factor, etc.). Clearly note any “retainer” items listed above that your firm will not provide as part of the retainer duties and prefer to bill on an hourly basis. Please be specific. HOURLY BILLING – Please quote the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing the legal services to the City of Lake Elmo covered by your proposal that fall outside the duties covered by the Retainer. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Identify the minimum increment of time billed for each service, e.g. phone calls, correspondence, personal conference. The City requires detailed monthly billing statements that shall include but are not limited to the following items: a. Itemize the date of services b. Identify the attorney and/or support personnel providing the services. c. List the time spent for each service or activity by tenths of an hour. d. Provide a detailed description of the services performed. e. State the fees for those services. f. Itemize all associated costs and expenses related to the services performed. CONFLICT OF INTEREST STATEMENT • Indicate whether your firm currently represents, or has represented any client where representation may conflict with your ability to serve as City Prosecutor for the City of Lake Elmo. • Indicate if your firm currently represents any real estate developers doing business with, or anticipating doing business with, the City of Lake Elmo. • Indicate whether you currently represent any other local units of government having jurisdiction within, or contiguous to the City of Lake Elmo. • Indicate what procedures your firm would utilize to identify and resolve conflicts of interest. SECTION FOUR: SELECTION PROCESS/PROPOSAL EVALUATION AND CONTRACT AWARD The City intends to award a contract to the proposer best qualified to perform the work for the City, cost and other factors considered. We anticipate that the initial proposals received will be reduced to a ‘short list’ of two or three firms who will be interviewed by the city. 3 The actual selection of the firm and contract award will be made by the City Council. The City of Lake Elmo reserves the right to reject any and all proposals or to request additional information from all proposers. Once a contract is awarded, the term of contract duration shall be subject to ongoing review and evaluation by the City Council and City Administrator. The City will not reimburse any expenses incurred by the firm submitting a response including, but not limited to, expenses associated with the preparation and submission of the response and/or attendance at interviews. SECTION FIVE: 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 decisions, which affects his or her 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 reasonably 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 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 shall not accept any client or project that places it in a conflict of interest with its representation of the City of Lake Elmo. If such a conflict of interest is subsequently discovered, the City shall be promptly notified.