RPVCCA_CC_SR_2015_04_07_N_RFP_City_Attorney_ServicesCITYOF
MEMORANDUM
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RANCHO PALOS VERDES
TO: HONORABLE MAYOR &CITY COUNCIL MEMBERS
FROM: SEAN M. ROBINSON, HUMAN RESOURCES MANAGER
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DATE: APRIL 7, 2015
SUBJECT: REQUEST FOR PROPOSALS -
CITY ATTORNEY SERVICES
REVIEWED: DOUG WILLMORE, CITY MANAGER
RECOMMENDATION
1. Review and approve the attached draft Request for Proposals Staff prepared per City
Council direction for the solicitation of proposals for City Attorney services- and
2. Establish an Ad Hoc Subcommittee of the City Council for the initial review of submitted
proposals.
DISCUSSION
As a contract city, Rancho Palos Verdes utilizes the services of a contract City Attorney.
Currently, those services are provided by Richards, Watson, & Gershon, Attorneys at Law, with
Carol W. Lynch assigned as the City's primary counsel. Standard best practices for municipal
governance recommend solicitation of outsourced functions on a regular basis to ensure the
highest levels of transparency possible. Furthermore, as part of its comprehensive analysis of
City functions in 2012, The Matrix Report recommended the City to engage in more frequent
assessments of long-term vendor contracts, inclusive of the City Attorney's Office.
Per the Final Report of the Organizational Assessment for Rancho Palos Verdes, as conducted
by Matrix Consulting Group and submitted for City Council's review on April 16, 2013, "The City
should rebid the City's legal services contract." This contract has not been competitively bid
since it was originally established. By City Council direction, Staff has prepared a Request for
Proposals (RFP) by which the City will entertain proposals from additional firms to ensure the
City is receiving the best value possible for attorney services.
The deadline for submittal of the proposals is May 14, 2015. Staff anticipates presenting the
respondents to the City Council Ad Hoc Subcommittee for review shortly after the deadline.
Attachments:
Request for Proposals — City Attorney Services (Page 2) 1
CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSALS
CITY ATTORNEY
Introduction
The City Council of the City of Rancho Palos Verdes invites interested firms and
individuals with a minimum of five (5) years of municipal law experience to submit
written proposals to provide City Attorney services for the City of Rancho Palos Verdes.
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 City staff. The City is considering a three
(3) Year contract. The City reserves the right to extend the term of this contract for three
(3) additional one-year terms subject to annual review, satisfactory negotiation of terms
and the concurrence of the City Council.
Proposed Time Schedule
RFP Mailing:
Submittal Deadline:
First Review Ad Hoc Committee:
City Council Interview with Finalists
City Council Announces Selection:
Contract Effective Date
April 8, 2015
May 14, 2015
Week of May 26, 2015
Closed Session on June 16, 2015
July 7, 2015
September 1, 2015
Submittal Guidelines
Law firms or individuals interested in submitting proposals for City Attorney shall submit
one (1) original hard cover -bound proposal marked "ORIGINAL" and eight (8) hard -cover
bound copies, (marked copy) on or before the Submittal Deadline of the proposal, with a
proposed contractual agreement, in a sealed envelope bearing the caption "City of
Rancho Palos Verdes -City Attorney Proposal."The envelope shall be addressed to:
Doug Willmore, City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Proposals may be submitted in person to the City Manager's Office or by mail, but
must be received in the City Manager's Office by 4:00 p.m. on Thursday, May 14,
2015. Late proposals or postmarks will not be considered. All proposals will be deemed
confidential and will be retained by the City of Rancho Palos Verdes.
Proposer is solely responsible for ensuring its proposal is received by the City in
accordance with the solicitation requirements, before the Submittal Deadline; at the place
specified. Postmarks will not be accepted in lieu of actual delivery. No oral, telegraphic,
electronic, facsimile, or telephonic proposals or modifications will be considered unless
specified. The City shall not be responsible for any delays in mail or by common carriers
or by transmission errors or delays or mistaken delivery.
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The City Council reserves the right to reject any or all proposals, to request additional
information concerning any proposal for purposes of clarification, to accept or negotiate
any modification to any proposal following the deadline for receipt of all proposals, and to
waive any irregularities if such would serve the best interests of the City as determined
by the City Council.
The City may cancel this solicitation at any time. All proposals shall comply with current -
federal, state, and other laws relative thereto.
The City is not liable for any costs incurred by the Proposer before entering into a
formal contract. Costs for developing the proposal or any other such expenses incurred
by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer,
and shall not be reimbursed in any manner by the City. No reimbursable cost may be
incurred in anticipation of award.
Questions about current legal services may be addressed to City Manager Doug
Willmore at 310.544.5202.
Late proposals will not be accepted and will be returned to the Proposer unopened.
Background
The City of Rancho Palos Verdes, The City of Rancho Palos Verdes is a scenic, upscale,
coastal community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
Rancho Palos Verdes is a General Law City and has operated under the Council -Manager
form of government since incorporation in 1973. Policy-making and legislative authority are
vested in the governing Council, which consists of five Council Members, including the
Mayor and Mayor Pro -Tem. The Council is elected on a non-partisan, at -large basis.
Council Members are elected to four-year staggered terms with two or three Council
Members elected every two years. Council members may serve no more than two
consecutive terms. The Council designates the Mayor and Mayor Pro -Tem for a one-year
term The City Manager is responsible for carrying out the policies and ordinances of the
governing council, for overseeing the day-to-day operations of the government, and for
appointing the heads of the government's departments. The City has 62 full time employees,
plus many part time recreation employees. The City is fiscally sound and functions on an
annual budget cycle.
The City of Rancho Palos Verdes is a contract city, meaning that some services are provided
by contract with agencies (both public and private) and some services are delivered by the
City's own employees. Police protection is provided by the Los Angeles County Sheriff and
fire protection is provided by the County of Los Angeles as are animal control and sewer
maintenance services. Other services provided by the City are collection, construction and
maintenance of streets, storm drains, parks and other infrastructure, planning and zoning
activities, recreational activities, and cultural events.
The City is home to Marymount California University, the ocean front Trump National Golf
Course and Terranea Resort.
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The City has a nature preserve of over 1,400 acres (about 17% of the City) which includes
many miles of trails and nature areas that is managed by Palos Verdes Peninsula Land
Conservancy. For more information, visit the City's website at: www.rpvca.gov.
Cover Letter
Proposals must be accompanied by a cover letter, signed by an individual authorized to
bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter
should include an introduction of the firm and statement of professional qualifications.
General Company Data
Please submit the following information:
1. Official name and address.
2. Names, address, and telephone number of the Proposer's point of contact.
3. Indicate what type of entity (Corporation, partnership, sole proprietorship)
4. Federal Employer I.D. Number
Specific Company information
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 and
encouraged, however, they will not be considered responsive to any specific questions.
Please describe the nature of your practice or your law firm's practice, and your
qualifications for providing attorney services for the City of Rancho Palos Verdes.
Please provide a professional chronology of the individual who will be designated
to serve as City Attorney and others who you anticipate will be involved in providing
legal services to the City.
2. For the person whom you propose to designate as City Attorney, and for each
person proposed as deputy or backup, please provide the following:
• Legal training and years of practice (including admission date to California
Bar).
• Years of municipal or other local public sector law practice as a fulltime
local government attorney and/or in a private law office specializing in
local government.
• Knowledge of and experience with California Municipal Law and other
public sector experience or redevelopment law.
• Types of clientele represented and length of representation time.
• Litigation experience and demonstration of a good court track record with
examples. Knowledge and practice of law relating to land use and
planning, environmental law, including the California Environmental
Quality Act (CEQA), code enforcement risk management, redevelopment,
general plans, real estate, hazardous waste and other related laws.
• Experience in the area of contracts and franchises.
• Experience in the areas of personnel, disability law rights and obligations,
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workers compensation, employee relations and negotiations, and employee
discrimination claims.
• Experience in the preparation and review of ordinances and resolutions.
• Experience in the areas of the Public Records Act, the Brown Act, and
the Elections Code.
• Scholastic honors and professional affiliations.
• 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
on which the matter began and was concluded, and the results.
• Intended office location and accessibility to the City.
3. Describe the staffing of your office, including all permanent and temporary
employees and their general duties and work schedules. Include any staffing
changes you would propose should you be awarded the contract to provide
attorney services for the City.
4. Define the standard time frames for response by the City Attorney to direction
and/or inquiry from the City Council or City Manager.
5. Describe the systems or mechanisms that would be established for monthly
reporting of the status of projects, requests and litigation.
6. Describe the computer resources currently utilized within your office. City utilizes
Microsoft Word for Windows word-processing software and compatibility with
Microsoft Word is required. The City will require the City Attorney's office to
connect one or more computers to the City's computer local area network, or to
maintain Internet services such that mail and files can be transmitted between City
staff and the City Attorney.
Current Clients/Conflict of Interest
1. Please list all current or former clients known to the Firm having a substantial
property or business interest in the City of Rancho Palos Verdes during the past
three (3) years.
2. Please list all public clients for whom you or your firm currently provides services
either under a fee for services or a retainer basis. Please identify any foreseeable
or potential conflicts of interest that could result from such representation and the
manner in which you would propose to resolve such conflicts.
3. For the person to be designated as City Attorney, please list all public clients that
person presently represents as city/town attorney or general counsel. Please list
the meeting dates and times for the city/town council or governing body of these
clients.
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Compensation and Reimbursement
Please describe how the firm intends to provide legal services, either on a flat -rate
monthly retainer (state the amount of the requested retainer), or on a different basis.
Basic services, for the purpose of this proposal, shall include those legal services
generally understood within the field of municipal law to fall within the category of "general
counsel" work, and shall include, but not necessarily be limited to, the following:
• Routine legal advice, telephone and personal consultations with members of the
City Council and City staff.
• Review and/or preparation of staff reports, ordinances, resolutions, agreements,
contracts, forms, notices, certificates, deeds, leases and other documents
required by the City.
• Attendance when requested at City Council regular and special meetings. The
City Council currently holds regular meetings the first and third Tuesdays of each
month, starting at 7:00 p.m. Additionally, the City Council occasionally calls
special meetings. The City Attorney will be expected to attend regular meetings
and special meetings as needed. The City Attorney will coordinate with and provide
legal services for the City Manager and subordinate departments of the City. The
City also has a number of Council -appointed advisory boards and commissions
that require City Attorney advice. The City Attorney may also be required to
attend certain meetings with staff as well as commissions when necessary,
including weekly meetings of Administrative staff led by the City Manager.
• Legal work pertaining to property acquisitions, property disposals, public
improvements, easement dedications, and right-of-way abandonment.
• Enforcement of City codes, zoning regulations and building standards through
administrative and judicial actions.
• The monitoring of pending and current state and federal legislation and court
decisions as appropriate.
• Consultation with the City Council and City staff as needed - rendering of legal
advice and opinions (both oral and written).
• The coordination of outside legal counsel as needed and as directed by the City
Council and City Manager.
Please define what type of work you would consider to be extra or specialized work which
would be billed in addition to basic services. Also, state the hourly rates for the
designated City Attorney and associates for such specialized services.
If hourly rate billing is preferred, please state the hourly rates for the designated City
Attorney and associates for general work and for special services such as litigation, if
such services will be billed at a different hourly rate.
Please define the type and unit rates for reimbursement for expenses such as mileage,
reproduction of documents, faxed documents, and word processing charges.
Professional References
Please provide three (3) professional references from persons and/or entities within
California for whom the Proposer has provided project services similar to those services
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requested in the RFP within the last five (5) years. Include the name of the business,
name of contact person, telephone number of contact person and description of services
provided.
Evaluation and Selection Process
Proposals will be screened, and the City Council or a subcommittee appointed by the
Council, will select the top candidates. The qualifications for the top candidates will
be verified, and references will be checked. In reviewing the proposals, the City will
carefully weigh:
• Depth and breadth of experience and expertise in the practice of law, most
specifically in those areas most often encountered in municipal government
operations.
• Capability to perform legal services promptly and in a manner that permits the
City Council and staff to meet established deadlines and to operate in an
effective and efficient manner.
• Degree of availability for quick response to inquiries that arise out of day-to-day
operations questions or problems.
• Degree to which firm and individual attorneys stay current through continued
professional development and active communication with practitioners in the
municipal law field.
• Communication skills
• Cost of services
• Other qualifications/criteria as deemed appropriate by the City Council.
A subcommittee appointed by the City Council will negotiate the terms and conditions
of a contract with the individual or law firm selected. The contract will require that the
individual or law firm selected as City Attorney maintain professional liability ($1,000,000
per claim), general liability ($1,000,000 per occurrence), automobile liability ($1,000,000
per accident), and workers' compensation. Insurance coverage must be provided by an
insurance company authorized to do business in the State of California and the policy
will not be cancelled or materially changed without thirty (30) days prior notice in writing
to the City of Rancho Palos Verdes.
The successful firm must agree, if awarded a contract as a result of its proposal, to
indemnify and hold harmless the City of Rancho Palos Verdes, its officers, agents and
employees from any and all claims and losses accruing or resulting to persons engaged
in the work contemplated by its proposal or to persons who may be injured or damaged
by the firm or its agents in the performance of the work. Prior to commencement of any
work, those and other provisions will be established contractually. Provisions will also
be included in the contract allowing the City Council to terminate the agreement at its
sole and entire discretion upon the provision of sixty day (60) written notice.
The contract, to include but not be limited to duties and compensation, will be entered
into with the successful firm and approved by the City Council. Legal services will begin
upon approval of the Contract and formal appointment of an individual to serve as City
Attorney. The appointed City Attorney is an at -will contract position and shall serve at
the pleasure of the City Council. The City Attorney is under contract with the City and
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is not a City employee. The City Council may terminate the appointment upon sixty (60)
days' written notice with or without cause.
Additional Notes
The City may modify, clarify or interpret the RFP by sending an addendum to each
firm or individual that originally received the RFP. Any such addendum shall become
part of the RFP and of any contract awarded. The City is not responsible for any other
explanation or interpretation. If you have questions regarding this RFP, please contact
City Manager, Doug Willmore at 310.544.5202 to leave a message or
dwillmore(a-),rpvca.gov.
The deadline for the City to receive responses is 4:00 p.m., May 14, 2015