ITEM 3.7 Legal Services RFPdo
TyF
Otsezo
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Administration
City Administrator/Finance Director Flaherty
August 12, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Attorney MacArthur
3.7
STRATEGIC VISION
MEETS: '
THE CITY OF.OTSEGO:
X
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?,
Has proactively expanded infrastructure to responsibly provide core services.
No
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
The City received notification during a June 24, 2019 City Council meeting that City Attorney MacArthur of
Is a social community with diverse housing, service options, and employment opportunities.
forward. City staff provided a recommendation to solicit proposals from a targeted group of firms rather
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending that the City Council approve a Request for Proposals for municipal legal
services.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?,
No
No
BACKGROUND/JUSTI FI CATION:
The City received notification during a June 24, 2019 City Council meeting that City Attorney MacArthur of
his decision to retire at the end of 2019. During that meeting, there was discussion of the process moving
forward. City staff provided a recommendation to solicit proposals from a targeted group of firms rather
than soliciting proposals through an open process. The City Council concurred with this recommendation.
City staff has drafted a Request for Proposals with the primary contents including:
- Legal Services Desired
- Process and Award Criteria
- Outline of Proposal Requirements
- Proposal Submission Instructions
City Administrator/Finance Director Flaherty along with City Attorney MacArthur have developed a
recommendation to solicit proposals from the following firms:
- Jovanovich, Kadlec & Athmann, PLLP
- Eckberg Lammers, P.C.
- Rupp, Anderson, Squires & Waldspurger, P.A.
- Campbell, Knutson
- Kennedy & Graven Chartered
SUPPORTING DOCUMENTS ATTACHED:
• Request for Proposals
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve a Request for Proposals for municipal legal services and authorize City
Administrator/Finance Director Flaherty to distribute the RFP to the firms listed.
BUDGET INFORMATION
FUNDING BUDGETED:
N/A
CITY OF
)t ego
MINNESOTA
Request for Proposals
Municipal Legal Services
Proposals Due:
September 17, 2019
By 4:00 PM
Request
The City of Otsego is requesting qualifications and proposals from firms experienced in municipal law to
serve in the capacity of the City Attorney.
City Overview
Located at the northwest corner of the Twin Cities metropolitan area, the City of Otsego covers an area
of approximately 30 square miles. The City was incorporated in 1990 after being an established
township since 1958. Since incorporation, the City has experienced significant growth and is the fastest
growing city in Wright County and among the top 10 for new development within the greater Twin Cities
metropolitan area. The City has averaged 265 new residential dwelling units per year for the last five
years. The City issued 300 building permits for new residential dwellings in 2018 and is on pace for at
least 300 building permits again this year. The State Demographer's most recent population estimate is
17,323. Current growth forecasts anticipate the City's population to increase to 25,000 within the next
20 years, and anticipate a final build -out population in excess of 60,000.
City Structure
The City operates under the "Optional Plan A" form of government as defined in Minnesota Statutes.
Under this plan, the government of the City is directed by a City Council consisting of an elected Mayor
and four elected Councilmembers at large. The City Council exercises legislative authority and
determines all matters of policy. The City Council appoints personnel responsible for the proper
administration of all affairs relating to the City. The Mayor and Councilmembers serve four-year terms
with two Councilmembers elected to four-year terms every two years.
Current Legal Services
The City currently contracts for general legal services from MacArthur Law Office, who has provided
notification to the City of his desire to retire at the end of 2019.
The City currently has existing relationships and agreements for criminal prosecution and bond counsel
services and the City is not seeking proposals on said services within this RFP.
Costs of Proposal
The City of Otsego shall not be liable for any expenses incurred by a proposer in relation to the
preparation or submittal of a proposal, including but not limited to expenses incurred by the proposer in
preparing a proposal or related information in response to the RFP, negotiating with the City on any
matter related to the RFP, and costs associated with interviews, meetings, travel or presentations.
Additionally, the City shall not be liable for expenses incurred as a result of the City's rejection of any
proposals made in response to this RFP.
Legal Services Desired
The City desires the primary responsibilities to include, but not be limited to the following:
1) Routine legal advice via telephone and personal consultations as requested by the City Council,
City Administrator, or Department Head staff
2) Attend City Council meetings (regular meetings are 2nd & 4th Mondays at 7PM)
3) Attend Advisory Commission meetings upon request
4) Attend staff, development and other meetings at the request of the City Administrator
5) Interpret and advise on applicable Federal and State laws and rules
6) Interpret and advise on the City Code and represent the City in enforcement matters
7) Prepare and/or review of City contracts
8) Prepare and/or review City ordinances and resolutions
9) Prepare and/or review of City Council packet materials
10) Defend the City in litigation
Process and Award Criteria
The City of Otsego will award a contract to the firm whose qualifications are deemed to best provide the
services desired, taking into account the requirements, terms and conditions contained within this
request for proposals.
The City has the absolute and sole discretion in making an award under this request for proposals. The
City may, at its sole and absolute discretion, decide to not issue an award if the City deems it to be in the
best interest of the City.
The City of Otsego will use the following process for selecting a firm to provide municipal legal services:
1) The City Administrator will evaluate the proposals, and make a recommendation to the City
Council of which proposals and respective firms warrant an interview.
2) The City Council, City Administrator and Department Heads will conduct the interviews of the
respective firm(s).
3) The City Council will select the firm and provide direction to the City Administrator to negotiate
a professional services contract.
4) The City Council will approve the professional services contract.
5) The City Administrator will work with the selected firm and the City's current legal counsel to
develop a transition plan.
Proposal
Each firm submitting a proposal must include:
1) Firm Information
a. Brief history and background of the firm
b. Office location(s)
c. Breakdown of total staff
d. Detail of malpractice coverage and history of claims
e. Detail of ethics issues for current firm employees
2) Municipal Clients
a. List of all current government clients
b. List of government clients who ended representation in the past three years
c. Name, email and phone number for primary contact with government clients (at least 5)
3) Conflicts of Interest
a. Identify and describe any known conflicts of interest
b. Identify and describe any foreseeable conflicts of interest with governmental clients
c. Identify and describe any foreseeable conflicts of interest with the private sector
d. Identify and describe any foreseeable conflicts of interest with the Council or staff
4) Attorneys and Qualifications
a. Primary Attorney
I. Name
ii. Comprehensive professional biography
iii. Current workload, specifically with municipal clients
b. Secondary Attorney
i. Name
ii. Comprehensive professional biography
iii. Current workload, specifically with municipal clients
c. Supporting Attorneys
i. The names and professional biographies for any supporting attorneys
d. The proposed allocation of work between Primary, Secondary and Supporting
e. Listing of any active litigation cases
5) Fees
a. Proposed billing arrangement (fixed or hourly)
i. If hourly, a detailed rate structure for any and all levels of firm staff
b. Acceptable alternative billing arrangements
Questions
In order to ensure a fair review and selection process, firms submitting proposals should contact only
the City Administrator and are specifically requested not to make contacts to the Mayor, City Council or
City staff.
Email contact information for Adam Flaherty, City Administrator is indicated below.
Proposal Submission
Complete responses to this RFP can be submitted electronically (PDF format) or in a sealed envelope to:
City of Otsego
Attn: Adam Flaherty, City Administrator
13400 90th Street NE
Otsego, MN 55330
Email: aflaherty@ci.otsego.mn.us
PROPOSALS DUE:
September 17, 2019
LATE PROPOSALS WILL NOT BE ACCEPTED