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HomeMy WebLinkAboutResolution 5963 . RESOLUTION 5963 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE LEGAL SERVICES REQUEST FOR PROPOSALS AND AUTHORIZING ITS DISTRIBUTION WHEREAS, to ensure the City receives the most cost-efficient legal representation, the City Council directed staff to prepare a Legal Services Request for Proposals (RFP); and, WHEREAS, such an RFP has been created and reviewed by the City Council; and, WHEREAS, the City Council has established a timeline for review of the proposals and anticipates selecting a firm or firms on May 26, 2003. . NOW THEREFORE BE IT RESOLVED, the City Council approves the Legal Services RFP attached to this resolution as Exhibit A and authorizes its distribution. . Adopted this 10th Day of March, 2003. ATTEST: ,_ ..'c-~) E/f~.8-AJ James Ericson Interim City Clerk/Administrator (SEAL) . . . City of Mounds View REQUEST for QUALIFICATIONS and PROPOSALS for LEGAL SERVICES (Revised March 10,2003) I. PURPOSE The City of Mounds View 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 The City of Mounds View, located in the northwest corner of Ramsey County, is a fully developed Home-Rule Charter City with a population of 12,900. The form of government established by the City Charter is the "Mayor-Council Plan". Except as otherwise provided by state law or the Charter, all powers of the City are vested in the Council. Mounds View is governed by a City Council composed of a Mayor and four Council Members. All are elected at-large, the Mayor for a two-year term and the Council for four-year terms. Mounds View has 43 full-time employees, a 2003 total budget of $4,964,000 and a tax levy of $2,543,000. Historically the City has retained a private firm or firms to provide City Attorney and prosecution services. The City has also utilized additional firms to provide bond counsel service and to work with TIF-related development issues. III. PROCESS A. The City will use the following process for selecting Legal Service Providers. 1. The City Council will appoint a Selection Committee to interview firms. The Committee will recommend to the City Council the firm or firms to be selected for the two areas of legal service. 2. The City Council will, by resolution, appoint the firm or firms selected to provide the services indicated. 3. It is the intent of the City Council to award a contract for legal services for an initial term not to exceed three years. Prior to the expiration of said legal services contract, the City Council will review and assess the firm's performance. The Council may take action to either extend or terminate the contract, as it deems appropriate. . . . IV. GENERAL INSTRUCTIONS A. Responses must provide complete information as described in this request. Ten (10) copies shall be submitted by 4:30 p.m. on April 18, 2003: City Clerk/Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 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 torfp@ci.mounds-view.mn.us 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 2. Number of attorneys, including number of partners and associates and areas of specialty 3. Support personnel: number and expertise 4. Office organization and support capabilities 5. Office location(s) 6. Current use of technology, especially capability for computerized legal research and for sharing and editing documents electronically. 7. Statement 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. 8. Statement of 2002 billings for municipal work as a percentage of total 2002 billings. 9. Describe malpractice insurance coverage: carrier, limits, and exemptions. . 10. 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 . 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 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 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. Names, telephone numbers, and contact person of at least five (5) client references, at least two (2) of which shall be cities. G. Description of the firm's view of their responsibilities to the City in the provision of legal services. 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. 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 Mounds View. 4. Identify what procedures your firm utilizes to identify and resolve conflicts of interest. 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 list of services in Section VII.) 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 oftime billed for each service including phone calls, correspondence and personal conferences. VII. LeQal Services Requirements Following are the primary responsibilities for each of the two legal service areas: City Attornev 1. Attend City Council meetings and other City Board, Authority, Commission or Committee meetings as requested by the City Councilor City Clerk/Administrator. . 2. Draft and/or review ordinances, resolutions, and correspondence, as requested. Review City Council and agendas and meeting minutes as requested. 3. Advise the Mayor, Council Members, City Clerk/Administrator, Department Heads and other staff on city legal matters. . 4. Prepare and/or review municipal contracts, such as contracts for public improvements, joint powers of agreements, construction, and purchase of equipment. 5. Codification of City ordinances on a regular basis. 6. Represent City in matters related to the enforcement of City building and zoning codes. 7. Research and submit legal opinions on municipal or other legal matters, as requested by City Councilor City Clerk/Administrator. 8. Meet with the City Council, Economic Development Authority, City Clerk/Administrator, Department Heads and City Staff as needed to review Council agenda items, the status of all legal matters before the City. 9. Provide legal briefings as requested to City Council and Staff regarding new or proposed legislation affecting municipal operations and activities. 10. Provide written update on new State or Federal legislation or judicial decisions impacting the City and suggested action or changes in operations or procedures to assure compliance. . 11. Provide advice on open meeting law, data practice, records retention and privacy issues. 12. Represent the City in employment related issues, labor negotiations, Civil Service Commission, arbitration, administrative hearings and in litigation involving same. 13. Interpret and advise with respect to municipal employment matters including, but not limited to, PERA, labor agreements, personnel policy, FLSA, Veterans' Preference, and unemployment compensation. 14. 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. 15. Defend City in uninsured claims and other insurance matters. 16. In coordination with Bond Counsel, review of financing, special assessments, bonds and insurance requirements required by or for City contracts or activities. . 17. Represent City in the acquisition of properties for public improvements, easements, and parks. 18. Represent City in condemnation proceedings for public improvement projects. 19. Represent City in workers' compensation matters. . 20. Initiate litigation on behalf of City as requested by City Council. 21. Interpret and advise regarding State land use statutes and City Code. 22. Interpret and advise regarding laws relating to Comprehensive Plans and Metropolitan Council approvals. 23. Interpret and advise regarding impact fees and legal uses. 24. Advise and represent the City on environmental matters. 25. Prepare and/or review the following: a. Conditional Use Permits and Documentation a. Vacation of Rights-of-way b. Special Assessments c. Planned Unit Developments d. Development Agreements e. Subdivision and Zoning Requests . 26. Possess an adequate knowledge of TIF laws and understand their application. 27. 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. Prosecutinq 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. . VIII. 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 11, 2003: 2. April 18, 2003 (4:30 PM): 3. April 21 - 25, 2003: 4. April 28 - May 2, 2003: 5. May 12, 2003: 6. May 13 - 23, 2003: 7. May 26, 2003: Distribute RFPs Deadline for receipt of RFPs Selection Team Review Period Interview Semi-Finalists Selection of Firm Negotiate Contract Agreement City Council Resolution appointing Firm and authorizing execution of Contract Agreement IX. Affirmative Action . The City of Mounds View has adopted an Affirmative Action Plan and preference shall be given to firms having adopted such a policy. The City is committed to achieving the goals of Equal Employment Opportunity and Affirmative Action and fully supports the incorporation of non-discrimination and Affirmative Action Rules and regulations in contracts. Any subcontractor to the City not complying with all applicable Equal Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes S363 will be encouraged to come into compliance or risk the loss of future contracts. Mounds View Legal RFP (2003).doc .