HomeMy WebLinkAbout18 LEGAL SERVICES 11-21-94NO. 18
11~-21-94
OATE:
NOVEMBER 17, 1994
Inter-Com
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
LEGAL SERVICES
III I I I I I I I ~ I
At its November 4, 1994 meeting, the City Council decided to
proceed with a process to obtain proposals for contract legal
services. -The City Council discussed the options of a Request For
Proposal (RFP) and a Request For Qualifications (RFQ) process, for
selecting a law firm.
Attached for the City Council's review is a draft Request For
Qualifications/Proposal. It includes the provisions normally
included in an RFQ and RFP. By combining the two, it provides the
City Council the greatest' flexibility to select a law firm which
offers the best qualifications and a fee schedule which the City
Council feels is reasonable. 'This~aPproach will also expedite the
selection process.
With the City Council'S' approval of an RFQ/RFP, staff will Prepare
for the City Council"s review a schedule for the process and a
recommended Iist of law firms that would be invited to submit a
proposal. ·
CITY OF TUSTIN
REQUEST FOR QUALIFICATIONS AND PROPOSAL
for
CITY ATTORNEY SERVICES
The City Council of the City of Tustin invites interested law firms to submit a
statement of qualifications and a written proposal to provide legal services on a
contractual basis. This request includes background information, objective, scope
of work, qualifications for consideration, general provisions regarding services,
submission requirements and selection criteria.
I. BACKGROUND
The City of Tustin is a general law city with a current population of
approximately 60,000. The City provides police, public works, water utility,
planning and recreational services. Fire services are provided by the Orange
County Fire Department. The City has a histOry of providing quality
municipal services and financial stability. The City's 1994-95 budget for all
funds is eighty one million dollars. The 1994-95 General Fund budget is
twenty five million dollars.
The City will continue to grow with the build-out of the Tustin Ranch project
which is a 2,000 acre mixed use development. In 1997, Marine Corps Air
Station, Tustin will close.-The City is the designated local reuse authority
and expects to adopt a reuse plan and specific plan for the 1,600 acre air
station in 1995. Special redevelopment counsel has been retained to assist
with creation of a redevelopment project area which includes the air station.
The City is self-insured for general liability and workers compensation
through the Orange County Risk Management Authority.
The City's current and future legal needs will be influenced by complex land
use matters, anticipated major capital improvement projects and those needs
associated with day-to-day municipal operations.
II. OBJECTIVE
The City of Tustin seeks to retain expert representation and consultation
services from a qualified law firm with expertise in advising and representing
a California general law city. The firm must possess a broad knowledge of
municipal law with particular strength in contracts, public works . '
construction' land use, code enforcement, environmental law, constitutional
law, public safety, rede,velopment and employment and labor law, and
should have a Strong record Of defen~ling cities in litigation involving tort
liability and civil rights claims·
III.
SCOPE OF WORK
The City. Attorney firm. will provide timely legal advice and counsel to the
City of Tustin, City COUncil, Commissions, City Manager, City Clerk and City
staff. The City Attorney also serves as General Counsel for the Tustin
community Redevelopment Agency. The scope of work shall include, but
not necessarily be limited to, the following-
I ·
Attend all City Council meetings to advise on the legal effect of
actions proposed and .taken. The Council regularly meets on the first
and third Monday evenings of every month·
.
.
Attend all meetings, of the Planning Commission to advise on the legal
effect of actions proposed and taken. Regular meetings are held on
the second and fourth Monday nights of every month.
Upon request, attend other City Council, City Committee and
Commission meetings.
.
Advise the City Clerk in preparing agendas, official notices, and
election documents.
.
Prepare and assist in the preparation and .review of ordinances,
resolutions, agreements, contracts, bid specifications and related
documents.
.o
e
Provide legal opinions and advice to 'the City Council, City Manager
and staff regarding City operations and services, and advise in the
development of strategies for the resolution of major issues.
Direct the research and analysis of legal issues as requested by the
City Council and City staff.
·
Monitor pending and current State and Federal legislation, regulations,
and case law, as appropriate. Apprise City Council and staff and
recommend changes to City ordinances and practices, as needed.
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IV.
.
Represent the City in matters of li{igation, except workers'
compensation. This would include serving as litigation counsel or
monitoring other law firms serving as specia..I counSel..
10.
Provide other legal services as may be requested or required by the
City.
QUALIFIC,4 TIONS FOR CON$1DERA TION
To be considered, for selection and contract award:
1 .. The individual proposed as City Attorney must have the folloWing
quaJifications: "
a)
Admitted to practice before the courts of the State of California
and the United States.
b) A minimum of ten (10) years of legal practice.
c)
A minimum of two (2) years of practice as an employee of a
City, or under contract with a City, in the capacity of City
Attorney. Significant experience, as an Assistant City Attorney
in a medium or large size City may be substituted for City
Attorney experience.
d)
Knowledge of fundamentals of law pertaining to a 'general law
city with a redevelopment agency, a public works department,
a water department and a police department.
e!
Availability for service on City Council meeting dates, and at
other times as needed.
2. The law firm must have the following qualifications:
a!
No less than (1) experienced municipal lawyer to assist the City
Attorney as needed and to act as backup when the City
Attorney is ill or on-vacation.
b!
No less than one (1) litigator experienced in defending general
law cities in tort liability claims and civil rights actions.
c) An AV rating.
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V. SUBMISSION REQ¢IIREMENT$
The proposer shall submit seven (7) copies of their proposal to:
Val Crabill
Deputy City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
All proposals shall be submitted no later than ' , at 2:00 p.m.
Proposals received after this time and date will not be accepted, but will be
returned unopened.
The City of Tustin will not be responsible for any errors or omission in the
proposals or any delay in mail service.
All proposals shall be firm offers subject to acceptance by the City of Tustin
and may not be withdrawn for a period of 90 calendar days following the
last day to accept proposals. Proposals may ,not be amended unless at the
direction of the City of Tustin. The proposal shall include, but not
necessarily be limited to:
1.
Cover letter/introduction: All proposals shall begin with a cover letter
and introd.uction that includes the name and address of the firm
submitting the proposal and the name, address and telephone number
of the person Who will be authOrized to represent the firm. The cover
letter shall be signed by an officer authorized to bind the firm to all
commitments made in the proposal.
2.
Prooosal description; Proposals shall be responsive to all that is
covered by this request for proposal, specifically including.
a)
A description of the qUalifications of the firm, with emphasis on
legal matters related to a general law city, which demonstrate
competence to serve as City Attorney and to provide the
required legal services.
b)
A narrative that indicates the history, management structure,
ownership, and staffing of the firm.
4
3,
.
c)
The name and qualificationS of the individual attorney who will
serve as City Attorney and be responsible for the contract with
the City of Tustin. In addition,, please supply biographical
profiles of all Other lawyers who will I~e assigned to'this
contract, specifically highlighting the municipal law and
litigation expertise of these individuals.
d)
A fee schedule for providing all the legal services within the
scope of work.
Additional Information: Proposals shall include any additional
information essential to proper evaluation of the proposal.
References: Names, address, and telephone nUmbers of at least three
(3) client references (preferably cities) who would provide additional
information regarding the firm's experience.
VI.
SELECTION CRITERIA
Proposals will be evaluated against, but not limited to, the following
criteria: ,,
a)
Qualifications of proposed City Attorney, including expertise,
and experience in providing City Attorney services.
b!
Qualifications of firm, including depth and breadth of expertise
in legal issues affecting the City of Tustin, such as contracts,
public works construction, land use, code enforcement,
constitutional law, employment and labor law, environmental
law, public safety, redevelopment, and defending cities in
litigation involving tort liability and civil rights claims.
c)
d)
e)
Technological resources available to support the City Attorney
and firm.
Availability of City Attorney and firm to provide timely
performance.
Evidence submitted of strong communication skills to interface
with the City Council, City Manager, City Clerk, City staff,
various Commissions and Committees, and the community of
Tustin.
5
·
f!
Costs of services, including hourly rates of all attorneys and
staff, all other fees and miscellaneous charges.
g!
References and other evidence submitted supportive of good
past experience providing similar services.
h) The convenience of the City of Tustin.
The City of Tustin reserves and holds at its discretion all of the rights
and options of any potential or actual client for legal services,
including the rights:
a)
To reject any and/or all of the submittals.
b)
TO waive any of the provisions of this Request for
Qualifications and Proposal.
c) To issue subsequent Requests for Qualifications and Proposal.
d)
To elect to cancel the entire Request for Qualifications and
Proposal.
e)
To waive technical errors in. the responses to the Request for
Qualifications and Proposal.
f)
To' negotiate with any, all, or none of the respondents to the
Request for Qualifications and Proposal·
VII.
GENERAL
I ·
The City of Tustin shall make available to the selected firm all
pertinent City reports and documents that may be available and
deemed necessary for the provision of the above services. Access to
appropriate City departments shall be provided, as directed by the City
Manager.
.
All documents prepared by the firm shall, upon current payment by
the City to the firm, become the City's property.
.
The City of Tustin may, at any time, terminate any contract awarded
to selected firm pursuant to this Request for Qualifications and
Proposal. Such termination may be made, in whole or in part, for the
convenience of the City of Tustin or for the default of the contractor
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4.
5.
6,
by giving the contractor a written Notice of Termination referencing
the provision. Termination shall be effective upon the contractor's
receipt of such Notice of Termination unless such other date is
specified in the Notice of Termination.~
This Request for Qualifications and Proposal does not commit the City
of Tustin to negotiate a contract, nor does it obligate the City to pay
for any costs incurred in preparation and submission of responses in
anticipation of a contract. '
Proposals will be reviewed by a selection committee to be'designated
by the City Council. References and qualifications of top firms, based
upon proposal responses, will be verified. Personal interviews will be
conducted with the top firms. Final recommendations will be
submitted for formal City Council approval. The City Council may
direct participation by its membership at any time in, or stage of, the
process.
All inquiries regarding this Request for Qualifications and Proposal
and/or regarding current legal services to the City should be directed
to:
William Huston
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3010
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