HomeMy WebLinkAbout2013-04-17 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 4/17/2013 • �
.
PREPARED BY Administration Ryan Schroeder
ORIGINATING DEPARTMENT DEPARTMENT HEAD
***********************�****************�*******
COUNCIL ACTION REQUEST
Consider authorizing the Request for Proposal for General Legal Services.
STAFF RECOMMENDATION:
Authorize the Request for Proposal.
SUPPORTING DOCUMENTS
� MEMO/LETTER: Memo from Ryan Schroeder.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: RFP
ADMINISTRATORS COMMENTS
�
//
Administrator Date
*************�**********************************
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
V:\nbelscamper\Templates\City CouncilWction Form.doc
Cottage
� Grove
� Pride and Q�osperity Meet
To: Mayor and City Council
From: Ryan R. Schroeder, City Administrator
Date: April 10, 2013
Subject: City Attorney Request for Proposals
The City of Cottage Grove has contracted with the firm of Kennedy & Graven (K&G) for
general legal services since 1997. In 2002 the City Council authorized Requests for Proposals
(RFP's); received proposals from four law firms and interviewed two respondents. Resulting
was that the City again contracted with K&G for a three year contract through 2005. Since that
time we have entered subsequent one or two year contract renewals. K&G is currently
providing legal services under an expired contract.
The K&G contract essentially has three parts. The first is a monthly retainer for which the firm
provides non project based general legal advice on day-to-day matters that come before the
City. Within the 2003-2005 contract it was projected that the City would require 40
hours/month in retainer services. K&G has not been utilized by City staff to that extent and
therefore over the past several years the retainer requirement has dropped. In 2012 the
retainer averaged 18 hours/month ($41,183.25).
Additionally are project based billings such as in a review of subdivision development
agreements or other contracts. In 2012 the City was billed $24,774.80 for those services.
Additionally, we segregate legal services on behalf of the EDA, which in 2012 totaled
$39,998.84. The intent of the EDA and development related expense is that ultimately costs
are rolled into a project; coverage of expense varies by year.
Beyond K&G we also contract with Briggs & Morgan as bond counsel (cost becomes part of
bond issuance), with the Taylor law firm for Prosecution services (costs offset by fine revenue),
and with Barna, Guzy, & Steffen for employment law services (typically under $5,000/year).
The City just renewed a 3-year contract with the Taylor firm. The other two contracts do not
have terms given the sporadic nature of our reliance upon those firms.
City staff is not dissatisfied with the service delivery of the K&G firm. However, given that it
has been ten years since we re-evaluated this firm against others we are recommending that
Council authorize an RFP. The draft document is enclosed for your consideration.
Options:
1. Do nothing; this option would suggest that we pursue a one, two, or three year contract
with the K&G law firm.
2. Authorize an RFP; this option would cause us to advertise and to conduct direct
solicitation of firms with expertise in municipal law (including K&G). In 2002 the City
utilized a committee of two members of Council and two members of staff to conduct
the interviews with approval of the committee recommendation by Council.
Recommendation: Authorize RFP's for legal services
Council Action: By motion direct a Request for Proposals for general legal services.
Cattage
./ Grov�
���re Pride and ��°��erity Meet
Request for Proposals
Attorney Services
City of Cottage Grove
The City of Cottage Grove is soliciting proposals from qualified law firms to represent the City
in many facets of municipal legal work. Preference will be given to those submittals
demonstrating experience in the area of municipal law. The successful applicant will
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 to be employed by the City. The City is interested in entering into
a three-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 summary of the legal services provided to the City in a
recent period, a description of the proposal review process, and a description of the 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. lf there are questions regarding this process, they should be
directed to: Ryan R. Schroeder, City Administrator, (651) 458-2822 or rschroeder@cottage-
rove.or . Failure to comply with this request could result in disqualification of the proposal.
COMMUNITY/POSITION HISTORY
The City of Cottage Grove was incorporated as a village in 1965 and as a City in 1974.
Cottage Grove utilizes a City Council-Administrator form of government. The City provides a
full array of municipal services and general administrative functions. The City Council is the
final review and approval authority regarding many contracts, payments, plans,
improvements, policies, procedures, and other business of the City. The City Council,
composed of four members and the Mayor, is the legislative and policy-making body of the
City. The Mayor and Council Members are elected at-large to staggered four-year terms.
The City Administrator is the Chief Administrative Officer of the City. The City Administrator is
accountable to the City Council for the proper administration of all affairs of the City. The
Administrator also manages the City Council Agenda and provides policy recommendations
to the Mayor and City Council. The City Administrator implements Council direction through
the Department Heads.
Cottage Grove is a growing community of 35,000 residents. City Attorney Services were
provided by the local firm Clinton & Taylor for approximately 17 years. Since 1997, City
Attorney Services have been provided by the firm of Kennedy & Graven [including EDA
attorney] while prosecution services have been provided by local attorney Joseph Taylor. The
City contracts with Barna, Guzy & Steffen for labor and employment matters. Briggs and
Morgan has been serving as bond counsel. The City Council wishes to review proposals for
CITY OF COTTAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016
www.cottage-grove.org• 651-45�3-Z800 • Fax 651-45f3-Z897 • Equal Opportunity Employer
civil legal services outside of the employment, prosecution, and bond counsel services noted
above.
SECTION ONE - SCOPE OF GENERAL LEGAL SERVICES
The law firm/attorney(s) are required to be knowledgeable in a variety of legal areas,
including but not limited to:
• General municipal laws
• General state and federal laws relatingto municipal government
• Zoning, housing, and economic development activities including development,
redevelopment, enforcement, and property and real estate
• Legal activity relating to general obligation bonds, revenue bonds, tax increment
bonds, tax exempt bonds, and other bonding and financial processes
• Ordinance and resolution development and interpretation
• Contract law
• Environmentallaw
• Trial activity
The services and qualifications that are required for Cottage Grove civil law services include,
but are not limited to, the following areas:
1. Attendance at all City Council meetings (currently the first and third Wednesday of
the month at 7:30 p.m.), and at other City board, commission or committee
meetings as required by the City Council or City Administrator.
2. Drafting of ordinances, resolutions, developer agreements, and correspondence as
requested, including assistance in the maintenance of master City Code book.
3. Review of Council and Planning Commission agenda items and minutes as
req u ested.
4. Meetings and/or telephone conversations with and advising Mayor, Council
Members, City Administrator, Department Heads, and other staff on general legal
matters.
5. Review of municipal contracts, including contracts for public improvements,
developments, joint power agreements, construction, purchase of equipment and
the like.
6. Representation of the City in the acquisition of properties for public improvements,
special assessment appeals, easements, parks and the like.
7. Representation of the City in condemnation proceedings for public improvement
projects, etc.
8. Representation of the City on Economic Development-related issues, including
developer agreements and tax increment document review.
9. Representation of the City in matters related to the enforcement of City buildings,
subdivision, maintenance and zoning codes.
10. Research and submission of legal opinions on municipal or other legal matters
requested by City staff or City Administrator; availability to answer staff questions
by telephone.
11. Meetings or discussion with the city Administrator and Department Heads as
needed to review Council agenda items or the status of legal matters before the
City. Providing a written status report on current litigation and unresolved matters
as requested.
12. Providing a legal briefing as requested to the City staff and Council regarding new
or proposed legislation affecting municipal operations and activities.
13. Providing as requested, written updates and/or training on new State or Federal
legislation or judicial holding impacting upon the City, and suggested action or
changes in operations or procedures to assure compliance.
14. Defend the City in all litigation, except in those cases where insurance companies
are required to exclusively provide defense, or where the City chooses to hire
specialized or other legal services. This includes but is not limited to: (1) human
rights claims; (2) condemnation; (3) zoning and land use regulation matters; and
(4) permits and administrative actions.
15. Work cooperatively with insurance companies as needed on litigation cases.
16. Review bonds, deeds, securities and insurance requirements required by or for City
contracts and activities.
17. Review documents submitted by bond counsel involving the issuance of debt or
debt-related instruments and providing options as requested/required.
SECTION TWO - LEGAL SERVICES SUMMARY 2011-2013
The following is a summary of legal services used by the City during the past two
calendar/fiscal years:
CATEGORY
Retainer Total*
Other General Matters
EDA
Lega I
Retainer
2012
January
February
March
April
May
June
July
August
September
October
November
December
16.95
18.80
23.00
43.05
24.05
9.50
12.40
22.30
14.60
12.10
6.35
13.60
2,640.06
3,018.44
3,509.32
6,610.30
3,607.28
1,532.60
1,919.67
3,186.81
2,328.24
1,943.07
1,037.64
2,019.57
131.86
216.39
84.32
261.90
53.68
99.70
174.52
105.16
136.89
129.22
26.09
53.12
801.00
507.15
(115.80)
(3,039.20)
(244.40)
1,876.30
1,564.05
227.55
1,117.85
1,495.35
2,297.65
1,342.75
3,441.06
3,525.59
3,393.52
3,571.10
3,362.88
3,408.90
3,483.72
3,414.36
3,446.36
3,438.42
3,335.29
3,362.32
Total 216.70 33,353.00 1,472.85 7,830.25 41,183.25
Average
hourly rate
$153.91
SECTION THREE - INSTRUCTIONS TO PROPOSERS
$190.05
1. Proposals should be submitted to Ryan R. Schroeder, City Administrator, City of
Cottage Grove, 12800 Ravine Parkway, Cottage Grove, MN 55016. Proposals must
be received no later than 4:30 p.m. on [Date].
2. Twelve (12) 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 regardingthis requestshould be directed to Ryan R. Schroeder, City
Administrator, City of Cottage Grove, 12800 Ravine Parkway, Cottage Grove, MN
55016, 651-458-2822 or rschroeder@cottage-grove.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 Council Members
regarding their proposal.
SECTION FOUR - REQUIRED CONTENTS FOR PROPOSALS
1. Title Pa�e - Show the RFP subject, the name of the proposer's firm, local address,
telephone number, name of contact person, and the date.
2. General information
a. Provide a brief background history of the firm, and number of attorney(s)
employed. An organizational chart or description of office organization would
be helpful.
b. 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.
c. Include a current resume of each attorney who will be primarily assigned to
City of Cottage Grove business. 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.
d. Provide information as to how many attorney(s) are knowledgeable about
municipal law and related fields as described in the scope of services.
e. Indicate the location of the primary office and attorney(s) assigned to service
this account. Provide and address, phone number(s), email address and FAX
number(s) of the firm.
f. 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 Cottage Grove.
g. Provide an estimate of the percentage of their billable hours spent in
municipal law areas or the general practice of municipal law during the
preceding five years.
h. Provide an assessment of the availability of the City Attorney and other
professional staff to be assigned to a contract with the City of Cottage Grove.
This includes availability of back-up attorneys in case of illness, turnover, or
other loss of personnel.
Provide a statement of how the workload of Cottage Grove would be
accommodated and what kind of priority it would be given. Be sure to address
items outlined in the Scope of Services section(s). The proposal should
expand upon each item and set forth the firm's approach/ability to carry out
each activity. Include a description of the proposed allocation of work between
the attorney(s) and support personnel identified (i.e. who will be the lead
attorney and what work will be handled by junior partners, associates, or
paralegals).
j. Describe the firm's capability to maintain a proposed response time for legal
reports and memorandums.
3. Municipal Litigation - Describe any municipal litigation handled in the last five years.
Indicate the type of cases tried.
4. Development Issues - Demonstrate knowledge of the following:
a. Zoning and Land Use Laws
b. Platting and Land Development Issues
c. Condemnation Law
d. MSA 429 Projects (Procedures and Appeals)
e. Tax Increment
f. Development and Redevelopment Contracts
5. Municipal Financin� - Demonstrate knowledge and experience in Minnesota tax
increment law; general experience in municipal bonds helpful. Demonstrate
knowledge of collection law and municipal finance and purchasing. Specify whether
the firm is a recognized bond counsel, and plans to service in that capacity in the
proposed representation.
6. Franchise Law - Demonstrate general knowledge/experience in interpretation of
electric and gas franchise and telephone company leases. In addition, knowledge of
water/wastewater utilities and related laws/regulations.
7. Police Issues - Demonstrate knowledge of police authority issues.
8. Specialized Issues - Any areas of specialty that may relate to municipal law may be
outlined in this section.
9. References - Provide a reference list of three 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 should also include the following information:
FEES
Identify in your proposal which of the following billing options you will offer: If another billing
format will be proposed, please describe that format and provide a sample. Please provide
fee information for a period of three years.
OPTION 1: RETAINER.
A retainer fee to be charged for general governmental services and the items covered by the
retainer. Please quote separate retainer fees for general civil work and any specialty areas.
Also state separately the rate for any firm cost items to be billed (i.e. photocopying, Westlaw,
or Lexis fees, etc.). Clearly note the number of hours covered by the retainer fee, and which
services are covered, and note how many additional hours or services would be billed.
Please be specific, and be able to separate out the hourly rates for special projects,
personnel, utility and other items that may not be charged to the General Fund.
OPTION 2: HOURLY BILLING.
A proposal for the dollar amount of fixed and/or hourly fees and costs your firm will charge
for providing the legal services to the City of Cottage Grove covered by your proposal. 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. Also state separately the rate for any
firm cost items to be billed (i.e. photocopying, Westlaw, or Lexis fees, etc.)
Under Option 2, the City requires detailed monthly billing statements that shall include but
are not limited to the following items:
1. Itemize the date of services
2. Identify the attorney and/or support personnel providing the services
3. List the time spent for each service or activity by tenths of an hour
4. Provide a detailed description of the services perFormed
5. State the fees for those services
6. Organize billing for general corporate work by department, type of service, and/or
project.
7. Itemize all associated costs and expenses related to the services performed.
CONFLICT OF INTEREST STATEMENT:
1. Indicate whether your firm currently represents, or has represented any client where
representation may conflict with your ability to serve as City Attorney for the City of
Cottage Grove.
2. Indicate if your firm currently represents any real estate developers doing business
with, or anticipating doing business with, the City of Cottage Grove.
3. Indicate whether you currently represent any other local units of government having
jurisdiction within, or contiguous to the City of Cottage Grove.
4. Indicate what procedures your firm would utilize to identify and resolve conflicts of
interest.
SECTION FIVE: SELECTION PROCESS/PROPOSAL EVALUATION AND CONTRACT AWARD
The City intends to award a contract to the proposer(s) best qualified to perform the work for
the City, cost and other factors considered. A committee whose members will consist of
representatives from several City of Cottage Grove departments who regularly interact with
the City Attorney will review submitted proposals. This committee will make
recommendations to the City Administrator. The City Administrator will review the
Committee's recommendations and will recommend to the City Council no more than three
firms as finalists for City Council interviews.
The actual selection of the firm and contract award will be made by the City Council. The City
of Cottage Grove 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.
SECTION SIX: 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 Cottage Grove. If such a conflict of interest is
subsequently discovered, the City shall be promptly notified.
E:/ADMINISTRATION/CONSULTANTS/LEGAL/2013/RFP-CIVIL LEGAL SERVICES.DOC