HomeMy WebLinkAboutC28880 - RFP for City Attorney & Agency Counsel Contract No. C28880
���—� CITY OF PALM DESERT
� � OFFICE OF THE CITY MANAGER
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
SUBJECT: REQUEST FOR PROPOSAL (RFP) FOR CITY ATTORNEY AND
RDA COUNSEL SERVICES
SUBMITTED BY: John M. Wohlmuth, City Manager
DATE: May 7, 2009
CONTENTS: 1. RFP for Legal Services
Recommendation
By Minute Motion:
1. APPROVE the Request for Proposal (RFP) for City Attorney and RDA counsel
services; and,
2. ESTABLISH a Legal Services Selection Committee to review, interview, and
recommend the successful firm(s) or candidate(s) to the City Council/RDA Board,
pursuant to the established schedule.
3. DESIGNATE one Councilmember and two citizen/committee members to serve
on the Legal Services Selection Committee, along with the Mayor and City
Manager.
Backpround
At the March 26, 2009, Council meeting, the City Council notified the City Attorney that
the City is terminating its contract with Best, Best and Krieger (BBK), effective June 30,
2009. The Council also directed the City Manager to prepare a Request for Proposal
(RFP) for legal services that would commence on July 1, 2009.
On April 23, 2009, the City Council requested the City Manager include Redevelopment
Agency (RDA) counsel services in the RFP process. This measure allows potential
candidates/legal firms to submit proposals for City, RDA, or both legal representation
categories.
GICITYMC�RISTEPHENARYANIAGENDAREPORTSICITYATTORNEYRFPREPORLDOC �
Request for Proposal for Legal Services
May 7, 2009
Page 2 of 2
Please find attached to this report the Request for Proposal (RFP) for legal services.
Staff respectFully requests the City Council approve the RFP prior to its issuance. Staff
also recommends the Council consider establishing a Legal Services Selection
Committee.
This committee would be tasked to review, interview, and recommend to the City
Council the most suitable firm(s) or candidate(s). Staff proposes that the committee be
comprised of the following five members:
1. The Mayor and one Councilmember
2. The City Manager
3. Two citizen/committee members
Staff recommends appointing one Councilmember and two citizens/city committee
members at their discretion.
The following schedule is recommended to complete the selection process by the end
of June 2009:
ACTION DUE DATE
Proposal Submittal Date Friday, May 29
Committee Review Process Monday, June 1St to Friday, June 5tn
Conduct Interviews Monday, June 8th to Friday June 12tn
Conduct Negotiations Monday, June 15th to Wednesday, June 17tn
Award of Contract Thursday, June 25tn
CITY COUNCILAQTION
Submitted By: APPROVED ✓ � DF,NtED
RECEIVED OTHER
MEF.TING DATE - - U
AYF,S: 7? e l i� f'I
NOF,S: -/v��
M. WOHLMUTH ABSENT: _N/�►� _ �,
ity Manager AI3STAIN:
� VERIF(ED BY: r � �'
JMW:kr Original on File with City erk's Office
* Approved Rec. Nos. 1 and 2, with City Manager
directed to retum at the next meeting wi.th a
proposal for composition of the Selection Com�ittee
and remainder of the RF'P process.
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DRAFT
REQUEST FOR PROPOSALS
PROFESSIONAL SERVICES
FOR
CITY ATTORNEY
AND
REDEVELOPMENT AGENCY LEGAL COUNSEL
May 2009
John Wohlmuth, City Manager
City of Palm Desert
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REQUEST FOR PROPOSALS
CITY ATTORNEY AND
REDEVELOPMENT AGENCY LEGAL COUNSEL SERVICES May 2009
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Table of Contents
Introduction........................................................................................................................
SubmittalGuidelines..........................................................................................................
Background .......................................................................................................................
Proposal Content and Requested Information...................................................................
Experience and Qualifications— City Attorney...................................................................
Experience and Qualifications — Redevelopment Agency Legal Counsel .........................
Performance......................................................................................................................
Current Clients/Conflict of Interest.....................................................................................
Compensation and Reimbursement— City Attorney..........................................................
Compensation and Reimbursement— Redevelopment Agency Legal Counsel.................
Retainer Services — City Attorney......................................................................................
Retainer Services — Redevelopment Agency Legal Counsel.............................................
Evaluation and Selection Process .....................................................................................
Schedule............................................................................................................................
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REQUEST FOR PROPOSALS
CITY ATTORNEY AND
REDEVELOPMENT AGENCY LEGAL COUNSEL SERVICES May 2009
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Introduction
The City of Palm Desert is seeking proposals for legal services in two separate areas of its
government:
1) City Attornev
Interested law firms and individuals with a minimum of seven (7) years of
municipal law experience representing California general law and charter cities
are invited to submit a written proposal to provide City Attorney services.
2) Redevelopment Aqencv Leqal Counsel
Interested law firms and individuals with a minimum of seven (7) years of
redevelopment law experience representing California redevelopment
agencies are invited to submit a written proposal to provide redevelopment
legal services.
3) Citv Attornev/Redevelopment Aqencv Leqal Counsel
Interested law firms and individuals that can provide both levels of services
with a minimum of seven (7) years experience in both areas are invited to
submit a combined written proposal.
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REQUEST FOR PROPOSALS
CITY ATTORNEY AND
REDEVELOPMENT AGENCY LEGAL COUNSEL SERVICES May 2009
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As City Attorney, the selected law firm or individual will be expected to provide a wide range
of legal services to the City. The City Attorney is selected by the City Council and works
closely with the City Manager and other staff. The City Attorney serves as a key member of
the Palm Desert executive management team. The City Attorney's primary role is to provide
expert legal advice to the City Council, City Manager, and Department Heads. The City
Attorney is expected to establish, develop, and maintain a close and trusted relationship
with the City Manager. The City Council believes this is critical to the success of the City.
The selected attorney shall perform the tasks specified in the Request for Proposals (RFP).
As Redevelopment Agency Legal Counsel, the selected law firm or individual will be
expected to provide a wide range of legal services to the City's Redevelopment Agency
(RDA) and its Housing Authority. The Redevelopment Agency Legal Counsel is selected by
the RDA Board, which is comprised of the existing members of the Palm Desert City
Council, and works closely with the City Manager/Executive Director and other staff. This
Counsel's primary role is to provide expert legal advice to the RDA Board, Executive
Director, and Department Heads and to establish, develop, and maintain a close and trusted
relationship with the Executive Director. The RDA Board believes this is critical to the
success of the Agency. The selected attorney shall perform the tasks specified in the
Request for Proposals (RFP).
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REQUEST FOR PROPOSALS
CITY ATTORNEY AND
REDEVELOPMENT AGENCY LEGAL COUNSEL SERVICES May 2009
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Interested firms and individuals are invited to submit proposals for: 1) Only City Attorney
legal services; OR 2) Only RDA Legal Counsel legal services; OR 3) Both City Attorney
legal services and RDA Legal Counsel legal services. Each proposal must be submitted in
two parts based upon the legal requirements and conditions set forth in this RFP: 1) A
"Proposal for Legal Services;" 2) a "Proposal for Compensation and Reimbursement."
Submittal Guidelines
1) Eight (8) complete copies of each "Proposal for Legal Services" shall be submitted in
a sealed envelope marked on the outside: "Confidential — City Attorney (or RDA
Legal Counsel) Legal Services Proposal. Do not open with regular mail."
2) Eight (8) complete copies of each "Proposal for Compensation and Reimbursement"
shall be submitted in a separate sealed envelope marked on the outside:
"Confidential — City Attorney (or RDA Legal Counsel) Compensation and
Reimbursement Proposal. Do not open with regular mail."
3) All proposals shall be addressed to:
John Wohlmuth, City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
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REQUEST FOR PROPOSALS
CITY ATTORNEY AND
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Proposals may be filed in person at the City Manager's office or sent by mail but must, in
any case, be received in the City Manager's office no later than 4:00 p.m. on Fridav, Mav
29, 2009. Late proposals or postmarks will not be accepted.
All inquiries regarding this Request for Proposals (RFP) should be directed to City Manager
John Wohlmuth at Lwohlmuth(c�ci.palm-desert.ca.us or by telephone at (760) 346-0611.
Backpround
Acclaimed for its striking mountain vistas, verdant qolf courses, and upscale shoppinq, Palm
Desert occupies 26 square miles in the geographic heart of the Coachella Valley, a fast-
growing region in Riverside County located two hours east of Los Anqeles on Interstate 10.
A vibrant, healthy community that enjoys an average of 350 days of sunshine each year and
a mean temperature of 71 degrees, Palm Desert serves as the region's educational,
cultural, and retail hub with a year-round population of approximately 51,000.
Palm Desert's varied recreational opportunities, eclectic array of dininq options, and lod in
choices that include properties designed for the budget conscious business traveler as well
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as a world class resort and spa, are among the reasons that the community was named one
of America's top 100 vacation towns in a recently published guidebook.
The City was incorporated in 1973 and became a charter city in December 1997 as a result
of the election held on November 4, 1997. It operates under the Council-Manager form of
government with a five-member Citv Council that functions as the legislative body
responsible for setting policy. Council members are elected at large from the community to
four-year overlapping terms. The Council annually selects one member to serve as Mayor
and one member to serve as Mayor Pro Tem.
The City Council appoints the City Manager, who serves as the City's chief executive officer
and is responsible for implementing Council direction and day-to-day operations at City Hall.
The City Attorney is also appointed by and serves at the pleasure of the City Council. The
City's Redevelopment Agency is served by separate legal counsel.
A contract city, Palm Desert provides a broad range of public services including planning,
zoning, housing, parks, engineering, public works, redevelopment, economic development,
and community services. Its Redevelopment Agency is one of the largest in the State.
Operating with a Fiscal Year budget of approximately $50 million, the City has a full-time
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staff of 167 employees, not including police and fire services, which are contracted through
Riverside County and Cal Fire respectively.
The City has gained a well-deserved reputation as a creative leader in municipal
government. Its groundbreaking efforts to promote enerqy efficiencv, conservation, and
environmental sustainability have been recognized by National Public Radio and the Wall
Street Journal, which recently identified Palm Desert as one of the nation's top five enerqv
savinq innovator cities.
The Palm Desert Redevelopment Agency was established in 1974 and is governed by a
Redevelopment Agency Board comprised of the existing members of the Palm Desert City
Council. Responsibility for the overall direction of the Agency lies with the City Manager,
who also serves as the Agency's Executive Director.
According to the current posted Community Redevelopment Agencies State Controllers
report (2006/07), the Agency is ranked No. 7 in the State of California, receiving a total of
$82,867,337 in tax increment. The Agency is comprised of four Project Areas covering
11,771 acres of the City's incorporated territory.
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The Agency has accomplished numerous redevelopment, development, and infrastructure
projects that have revitalized many properties within its Project Areas. It has also made a
substantial effort to improve and increase the City's supply of affordable housing, with 14
existing Housing Authority properties representing approximately 1,100 affordable units.
Proposal Content and Requested Information
The City of Palm Desert requires the applicant to submit a straightforward and concise
proposal clearly addressing all of the requirements outlined in this RFP. Emphasis should
be on completeness and clarity of contents. Responsiveness to the RFP will be a principal
basis for evaluation. To be considered responsive, the proposal must provide specific and
succinct answers to all questions and requests for information. Indirect, imprecise, or
incomplete responses can serve only to the disadvantage of the applicant. Submission of
individual resumes is optional, but encouraged, although alone will not be considered
responsive to any specific questions.
The City of Palm Desert reserves the right, without qualification, to:
• Select any proposal based on written or oral communication with any or all of the
firms or individuals when such action is considered to be in the best interest of the
City of Palm Desert.
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• Reject all proposals.
• Exercise discretion and apply its judgment with respect to any proposals submitted.
• Select proposals without discussion or after detailed discussions or contract
negotiations.
• All proposals will be deemed confidential and will be retained by the City of Palm
Desert.
Experience and Qualifications — Citv Attornev
1) Please describe the nature of your law firm's practice and qualifications for providing
legal services for the City of Palm Desert as City Attorney. Please provide a
professional chronology of the individual who will be designated to serve as City
Attorney as well as for others who you anticipate will be involved in providing legal
services to the City of Palm Desert.
2) Please provide the overall capabilities, qualifications, training, and areas of expertise
for each of the principals, partners, and associates of the law firm, including the
length of employment for each person and his/her area of specialization for those
involved in the assignment.
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3) For the person whom you propose to designate as City Attorney, and for each person
or firm you propose to designate as a deputy, supplemental attorney, or supporting
counsel for special services, please provide the following:
a) Legal training and years of practice (including date of admission to the California
Bar).
b) Years of municipal (general law or charter city) or other local public sector law
practice as a full-time local government attorney and/or in a private law office
specializing in the representation of general law or charter cities.
c) Knowledge of, and experience with, California Municipal Law or other public
sector experience.
d) Types of clientele represented and years representing each.
e) Litigation experience and demonstration of a good court track record. Cite
examples of municipal (general law or charter city) litigation experience.
f) Experience with and knowledge and practice of law representing general law or
charter cities relating to land use and planning, environmental law including the
California Environmental Quality Act (CEQA), redevelopment law, general plans,
real estate, code enforcement, hazardous waste and other related law.
g) Experience in the area of contracts and franchises.
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h) Experience in the preparation and review of ordinances and resolutions for
general law or charter cities.
i) Experience in public sector personnel and labor negotiations.
j) Experience in municipal Wastewater, Water and Garbage enterprises.
k) Experience in the area of the California Public Records Act, The Ralph M. Brown
Act, and the California Elections Code.
I) Intended office location and accessibility to the City of Palm Desert.
m) Scholastic honors and professional affiliations.
n) If the firm/individual, or any of the attorneys employed by the firm, have ever been
sued by cities or other clients for malpractice, been the subject of complaints filed
with the State Bar, or had discipline imposed by the State Bar, please provide
information on the nature of the incident, the dates of which the matter began and
was concluded, and the results of the situation.
Experience and Qualifications -- Redevelopment Aqencv Leqal Counsel
1) Please describe the nature of your law firm's practice and qualifications for providing
legal services for the City of Palm Desert as Redevelopment Agency Counsel.
Please provide a professional chronology of the individual who will be designated to
serve as Agency Counsel as well as for others who you anticipate will be involved in
providing legal services to the City of Palm Desert.
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2) Please provide the overall capabilities, qualifications, training, and areas of expertise
for each of the principals, partners, and associates of the law firm, including the
length of employment for each person and his/her area of specialization for those
involved in the assignment.
3) For the person whom you propose to designate as Legal Counsel, and for each
person or firm you propose to designate as a deputy, supplemental attorney, or
supporting counsel for special services, please provide the following:
a) Legal training and years of practice (including date of admission to the California
Bar).
b) Years of experience in redevelopment and housing law, highlighting years of
practice as a redevelopment/housing attorney specializing in this type of
representation.
c) Knowledge of, and experience with, redevelopment agency and housing law.
d) Types of clientele represented and years representing each.
e) Litigation experience and demonstration of a good court track record. Cite
examples of redevelopment and housing litigation experience.
f) Experience with and knowledge and practice of law redevelopment agencies or
housing authorities relating to bond issuance, affordable housing, preparation of
disposition and development agreements, exclusive negotiation agreements,
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owner participation agreements, acquisition and disposal of real property, and
other related redevelopment/housing law.
g) Experience in the area of the California Public Records Act and The Ralph M.
Brown Act.
h) Intended office location and accessibility to the City of Palm Desert.
i) Scholastic honors and professional affiliations.
j) If the firm/individual, or any of the attorneys employed by the firm, have ever been
sued by cities or other clients for malpractice, been the subject of complaints filed
with the State Bar, or had discipline imposed by the State Bar, please provide
information on the nature of the incident, the dates of which the matter began and
was concluded, and the results of the situation.
Performance
1) Describe how you would establish, develop, and maintain an effective working
relationship with the City Council/Redevelopment Agency Board, City
Manager/Executive Director, Department Heads, and City/RDA staff.
2) Define the standard time frames for response to direction and/or inquiry from the City
Council/RDA Board, City Manager/Executive Director, and staff.
3) Describe the staffing of your office and include any staffing changes you would
propose for your firm should you be awarded the contract to provide legal services.
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4) Describe the systems or mechanisms that would be established for monthly reporting
of the status of projects, requests, and litigation. The City of Palm Desert will require
a billing methodology that identifies the specific task, the attorney completing the
task, and the time billed for completion of the specific task.
5) Describe how you would advise the City of Palm Desert in order to minimize litigation
expenses; cite examples of techniques your firm utilizes.
6) Describe the computer resources currently utilized within your office. The City of
Palm Desert presently utilizes a Microsoft Office suite of software including Microsoft
Word and Excel. Compatibility with Microsoft Word and Excel is required. The City
of Palm Desert will also require its legal counsel to maintain Internet services such
that mail and files can be transmitted electronically.
Current Clients/Conflict of Interest
1. Please list all current or former clients residing in Riverside County or having an
interest in a business or owning an interest in property within the City of Palm
Desert's sphere of influence within the past three years.
2. Please list all cities and other public clients for which you or your firm currently
provide services under a fee for services basis or on a retainer basis.
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3. Please identify any foreseeable or potential conflicts of interest which would result
from such representation and the manner in which you would propose to resolve
such conflicts.
Compensation and Reimbursement— Citv Attornev
As part of the retainer fee, the City Attorney will be required to attend:
1) All City Council meetings and City Council Study Sessions (regular City Council
meetings are held on the second and fourth Thursday of each month beginning at
4:00 p.m. Closed Sessions are usually held at 3:00 p.m.).
2) All Planning Commission meetings and Planning Commission Study Sessions
(regular Planning Commission meetings are held on the first and third Tuesday of
each month beginning at 6:00 p.m.).
3) Executive Management meetings (generally held weekly on Mondays from 10:00
a.m. to 11:00 a.m.)
4) Other board, committee, and commission meetings as required.
5) Consultations with City staff as required.
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Any additional on-site presence at City offices, although preferred, should be identified and
will be considered a plus.
Compensation and Reimbursement— Redevelopment Aqencv Leqal Counsel
As part of the retainer fee, the Agency Counsel will be required to attend:
1) All Redevelopment Agency Board meetings and/or Study Sessions (regular Agency
Board meetings are held on the second and fourth Thursday of each month
beginning at 4:00 p.m. Closed Sessions are usually held at 3:00 p.m.).
2) Other board, committee, and commission meetings as required (this includes, but is
not limited to, the Housing Authority, Housing Commission, Parking Authority, and
Project Area No. 4).
3) Consultations with RDA staff as required.
Any additional on-site presence at City offices, although preferred, should be identified and
will be considered a plus.
It is anticipated the City of Palm Desert may expect the firm/individual selected for legal
services representation to provide services under a fixed monthly retainer format with
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additional special legal services provided by the firm at a fixed hourly rate regardless of
individual attorney billing rates.
Retainer Services — Citv Attornev
Required services to be performed under the retainer include, but are not limited to:
Rendering of legal advice and opinions concerning legal matters that affect the City;
preparation of City ordinances, resolutions, agreements, contracts, deeds, Agenda reports,
daily police reports, and other legal documents as required by the City; legal services
pertaining to property acquisitions, property disposals, public improvements, easement
dedications, rights-of-way acquisitions and abandonment, enforcement of City codes, zoning
regulations and building standards through administrative and judicial actions, annual review
of the City Municipal Code, monitoring and reporting of pending and current State and
Federal legislation as well as court decisions as appropriate.
Please define legal services which would fall outside the monthly retainer fee.
Retainer Services — Redevelopment Aqencv Leqal Counsel
Required services to be performed under the retainer include, but are not limited to:
Rendering of legal advice and opinions concerning legal matters that affect the
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Redevelopment Agency; bond counsel services; preparation of disposition and development
agreements; exclusive negotiation agreements; owner participation agreements; legal
services pertaining to property acquisitions, property disposals, public improvements,
easement dedications, rights-of-way acquisitions and abandonment; monitoring and
reporting of pending and current State and Federal legislation as well as court decisions as
appropriate.
Please define legal services which would fall outside the monthly retainer fee.
Evaluation and Selection Process
Proposals will be screened and the top candidates selected by the Legal Services Selection
Committee ("Committee").
In reviewing the proposals, the Committee will carefully weigh:
a) Depth and breadth of experience and expertise in the practice of law, most
specifically in those areas most often encountered in either municipal government
operations or redevelopment agency operations or both;
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b) Capability to perForm legal services promptly and in a manner that permits the City,
the Redevelopment Agency, or both to meet established deadlines and to operate in
an effective and efficient manner;
c) Degree of availability for quick response to inquiries that arise out of day-to-day
operating questions or problems;
d) Degree to which firm and individual attorneys stay current through continued
professional development and active communication with practitioners in the field of
municipal law, redevelopment law, or both;
e) Communication skills;
f) Cost of services;
g) Other qualifications/criteria as deemed appropriate.
The Committee will conduct interviews of top candidates, verify qualifications and
references, and submit a final recommendation to the City Council/Agency Board for
consideration and formal approval at a joint meeting to be held on June 25, 2009.
The City Manager/Executive Director will be charged with the responsibility of negotiating
the final contract.
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Contracts awarded are anticipated to commence on July 1, 2009.
Schedule
ACTION DUE DATE
Proposal Submittal Date Friday, May 29
Committee Review Process Monday, June 1St to Friday, June 5tn
Conduct Interviews Manday, June 8ih to Friday June 12th
Conduct Negotiations Monday, June 15th to Wednesday, June 17tn
Award of Contract Thursday, June 25tn
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