HomeMy WebLinkAboutAGENDA REPORT 2012 0418 CC REG ITEM 09D ITEM 9.D.
OF MOORRIIAK.CAI.
City Council Meeting
MOORPARK CITY COUNCIL
AGENDA REPORT ACTION:�r1�A��
TO: Honorable City Council
FROM: Steven Kueny, City Manager
DATE: March 28, 2012 (CC Meeting of 4/18/12) h
SUBJECT: Consider Request for Proposals for City Attorney Services
BACKGROUND
Pursuant to an agreement, Burke, Williams & Sorensen (BWS) has served as City
Attorney and provided associated legal services to Moorpark since incorporation in
1983. During that time, three individuals have served as the designated City Attorney.
In 1983, there were a limited number of legal firms serving northwest Los Angeles,
Ventura, and Santa Barbara counties specializing in public law and municipal
representation. There are now many qualified firms capable of serving these areas.
Since incorporation, the City has periodically sought updated proposals for engineering,
building and safety, and auditing services but not legal services. The Public Contract
Code does not apply to legal services, and the City is not obligated to put its legal
services out to bid. Staff believes the Request for Proposals process will result in
standardized responses from interested firms and individuals, save time, and make it
easier to compare the proposals.
DISCUSSION
The City continues to have a good working relationship with BWS. In addition to being
responsive, they have been adaptive in meeting the changing needs of the City,
including several cost containment measures implemented over the last decade. The
legal advice needed by the City Council and city staff is often driven by court decisions
and new and expanded regulations.
To insure the City is receiving outstanding service at competitive rates, it is
recommended the City Council consider authorizing Request for Proposals (RFPs) from
qualified firms and individuals. Staff intends to e-mail notice of the availability of the
RFP to individuals and firms known to provide legal services to municipalities in the
Southern California area. They would be directed to view the notice on the City's
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Honorable City Council
March 28, 2012 (CC Meeting of 4/18/12)
Re: Consider Request for Proposals for City Attorney Services
Page 2
website and, if interested, download the RFP. Ads will be placed in up to two
publications likely to be viewed by prospective proposers. For control purposes, the
RFP will require the proposals to be mailed to the City and contain an original signature
on the Letter of Transmittal. The proposals will be kept confidential until the City
Council makes a determination on the service provider.
If the Council concurs, it is also recommended those responding to the RFPs address
how they would propose the City retain the services of other legal firms for services the
respondent doesn't provide; for example, employee relations/human resources, or Bond
Counsel. This is important to insure coordinated and cost efficient services. Likely
options would include the "Proposer" contracting with another firm, administering a
separate City contract, or relying on City staff to coordinate the services between the
two firms. This will be a critical element in evaluating the proposals. Staff prefers that
the firm provide as many of the essential specialties as possible but does not want to
preclude otherwise qualified firms and individuals from submitting proposals.
As drafted, the RFP would permit proposers to not have in-house employee
relations/human resources' attorneys. If the City Council wants Proposers to have this
capability, then the RFP must be modified.
The City's current legal services agreement provides for the first ten hours of service
each month at a reduced rate of$140.00 per hour. Many cities utilize this system which
is referred to as a "Retainer." As proposed, the RFP does not require use of a Retainer.
If the City Council wants Proposers to be required to use a Retainer, then the RFP must
be modified.
If the Council authorizes the RFP process, it is recommended the proposals be
evaluated as follows:
• Staff would review all proposals for responsiveness to the RFPs and recommend
up to eight (8) proposals for review by a City Council Ad Hoc Committee.
• City Council Ad Hoc Committee would review the staff recommended proposals
and refer up to five (5) Proposers for consideration by the City Council in closed
session.
It is projected that this process will take about 120 days from the issuance of the RFP to
complete. It is proposed that the RFP be issued as of April 30, 2012.
FISCAL IMPACT
None
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Honorable City Council
March 28, 2012 (CC Meeting of 4/18/12)
Re: Consider Request for Proposals for City Attorney Services
Page 3
STAFF RECOMMENDATION
Authorize the City Manager to proceed with Request for Proposals for City Attorney
services as outlined in this report and appoint a City Council Ad Hoc Committee.
SK:db
Attachments: 1) Draft RFP
2) BWS Contact
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Attachment 1
DRAFT
CITY OF MOORPARK
REQUEST FOR PROPOSALS
CITY ATTORNEY SERVICES
APRIL 30, 2012
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Table of Contents
I. GENERAL INFORMATION .......................................................................................3
A. Introduction.........................................................................................................3
B. Proposed Time Schedule ...................................................................................3
C. Submittal Guidelines...........................................................................................3
D. City of Moorpark .................................................................................................6
E. Submittal Deadline..............................................................................................6
II. SCOPE OF SERVICES.............................................................................................6
III. PROPOSAL FORM AND CONTENT.....................................................................8
A. Proposal Submittal........................................................ .....................................8
B. Letter of Transmittal............................................................................................8
C. Table of Contents ...............................................................................................8
D. Summary ............................................................................................................8
E. Statement of Understanding...............................................................................8
F. Background and Experience...............................................................................9
G. Approach to Legal Services.................................... .........................................9
H. Proposed Attorney(s)........................................................................................10
I. References and Potential Conflicts of Interest.....................................................11
J. Compensation and Reimbursement.....................................................................11
K. Agreement........................................................................................................13
L. Additional Information.......................................................................................13
IV. REVIEW AND SELECTION PROCESS...............................................................14
A. Process.............................................................................................................14
B. Evaluation Criteria ............................................................................................14
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I. GENERAL INFORMATION
A. Introduction
The City Council of the City of Moorpark (City) invites interested firms and
individuals with a minimum of ten (10) years of municipal law experience to
submit written proposals to provide City Attorney services for the City. 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.
B. Proposed Time Schedule
RFP Mailing April 30, 2012
Submittal Deadline June 7, 2012, 4:00 p.m.
Staff Review June 8 22, 2012
First Review by Ad Hoc Committee June 25 — July 12, 2012
City Council Interview with Finalists July 16 August 24, 2012
C. Submittal Guidelines
Law firms or individuals interested in submitting proposals for City Attorney shall
submit one (1) original unbound 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 Moorpark City Attomey Proposal." The Letter of
Transmittal portion of the proposal must bear original signature(s). The envelope
shall be addressed to:
Deborah S. Traffenstedt, Deputy City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
If discrepancies are found between copies, or between the original and copy or
copies, the ORIGINAL will provide the basis for resolving such discrepancies. If
no document can be identified as original bearing original signatures, Proposer's
proposal may be rejected at the discretion of the City.
Proposals may be submitted in person to the Deputy City Manager's office or by
mail, but must be received in the Deputy City Manager's office by 4:00 p.m. on
June 7, 2012. Proposer is solely responsible for ensuring its proposal is received
by the City in accordance with the proposal requirements, before the Submittal
Deadline; at the place specified. No oral, telegraphic, electronic, facsimile, or
telephonic proposals or modifications will be considered. The City shall not be
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responsible for any delays in mail or by common carriers or by transmission
errors or delays or mistaken delivery.
Proposers of a proposal received after the scheduled Submittal Deadline will be
notified by e-mail of such and upon written request, the proposal will be returned
to them.
The original copy of each proposal will be retained for official files and will
become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by applicable law.
Each Proposer may clearly label part of a proposal as "CONFIDENTIAL" if the
Proposer thereby agrees to indemnify and defend the City for honoring such a
designation. The failure to so label any information that is released by the City
will constitute a complete waiver of all claims for damages caused by any release
of the information. If a public records request for labeled information is received
by the City, the City will notify the Proposer of the request and delay access to
the material until seven working days after notification to the Proposer. Within
that time delay, it will be the duty of the Proposer to act in protection of its labeled
information. Failure to so act will constitute a complete waiver of all claims for
damages caused by any release of the information.
Proposals will not be opened publicly, and the City will endeavor to keep the
proposals confidential until a preferred service provider is recommended to the
City Council
The City reserves the right to postpone the Submittal Deadline and opening of
proposals any time before the date and time announced in the Request for
Proposals or subsequent addenda. The City may also cancel this solicitation at
any time.
The City reserves the right to waive non-substantial irregularities in any proposal,
to reject any or all proposals, to reject or delete one part of a proposal and accept
the other, except to the extent that proposals are qualified by specific limitations.
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 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.
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A Proposer may withdraw its proposal by submitting an email or written request
to Deborah S. Traffenstedt, Deputy City Manager, to withdraw prior to 4:00 p.m.,
June 7, 2012, in which event the proposal will be returned to the Proposer.
The City will accept pre-submittal questions from RFP participants in the interest
of clarity and complete responses to RFP. The RFP participants are encouraged
to cover all questions in one request so that City staff can provide timely and
effective responses.
All pre-submittal questions about the RFP and City's current legal services will
only be accepted by email until Wednesday, May 30, 2012, at 5:00 p.m.
Responses to all questions will be confidentially emailed to all individuals and
firms sent a proposal or others who have responded to the RFP as of the date
any such questions are received. RFP questions are to be submitted to Deborah
S. Traffenstedt at:
dtraffenstedt(a)-ci.moorpark.ca.us.
Any Proposer who wishes to make modifications to a proposal already received
by the City must submit a written request to withdraw its proposal in order to
make the modifications. It is the responsibility of the Proposer to ensure that
modified proposals are resubmitted in accordance with the terms and conditions
of this RFP and before the Submittal Deadline.
If there is reason to believe-that collusion exists among the Proposers, the City
may refuse to consider proposals from participants in such collusion as proposed
City Attorney. No individual or firm under the same or different name, may make,
file, or be interested in more than one proposal in response to this RFP. An
individual or firm proposed as a subcontractor consistent with the description
provided in Section II., Scope of Service, may be included as part of the proposal
from more than one Proposer.
The City requires all Proposers to comply with all applicable federal and state
laws including but not limited to equal employment opportunity. Contracts are
open to all persons without regard to race, religion, color, national origin, sex,
age, marital status, handicap, or political affiliation.
The firm selected to provide City Attorney services shall be an independent
contractor. All persons employed by a firm in accordance with a contract
resulting from this RFP will be employees of the firm and not employees of the
City.
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.
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D. City of Moorpark
Moorpark is a city of about 35,000 residents located in eastern Ventura County.
It was incorporated on July 1, 1983, as a general law city with a Council-Manager
form of government. The City Council consists of a directly elected Mayor with a
two-year term and four Councilmembers with staggered four-year terms.
General Municipal elections are held in November of even numbered years. The
City Council's regular meetings are scheduled the first and third Wednesdays of
the month at 7:00 p.m.; and the Planning Commission's regular monthly meeting
is the fourth Tuesday at 7:00 p.m.
The City has about 55 full-time employees and about 50 part-time employees
used primarily for parks and recreation programs. SEIU Local 721 represents
about 28 full-time employees in two bargaining units. Many services are
provided by contracts including law enforcement (Ventura County Sheriff);
building and safety (Charles Abbott Associates); engineering (RJR); library
(LSSI); and portions of streets, parks, and landscape maintenance. Water,
sewer, and fire protection services are provided by County-governed special
districts. City Attorney and related legal services are currently provided by
Burke, Williams & Sorensen (BWS). A copy of its agreement with the City is
attached. General liability and workers compensation insurance are provided
through the California Joint Powers Insurance Authority (CJPIA). On average,
the City expended about $145,000 for non-litigation services and $132,000 for
litigation services in each of FY 2009/10 and FY 2010/11. The City's FY 2011/12
Annual Operating Budget consists of about $16M General Fund and $8.5M
Special Funds, exclusive of the former Redevelopment Agency. The Capital
Improvement Budget is about $20M. For more information about the City, visit
www.ci.moorpark.ca.us.
E. Submittal Deadline
4:00 p.m., June 7, 2012.
II. SCOPE OF SERVICES
The anticipated services will include but are not limited to the following:
1. Attending City Council and other meetings as needed.
2. Coordination with any other Attorneys working for the City or its insurance
provider as needed.
3. Act as legal counsel to other agencies the City Council serves as
governing body including the Industrial Development Authority, Public
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Financing Authority, Successor Housing Agency, and Successor Agency
to the Redevelopment Agency.
4. Represent the City in civil litigation brought on behalf of or against the
City.
5. Routine legal advice, telephone, and personal consultations with members
of the City Council and City staff.
6. Review and/or preparation of staff reports, ordinances, resolutions,
agreements, contracts, forms, notices, certificates, deeds, leases, and
other documents required by the City.
7. Legal work pertaining to property acquisitions, property disposals, public
improvements, easement dedications, and right-of-way abandonment.
8. Enforcement of City codes, zoning regulations, and buildings standards
through administrative and judicial actions including criminal prosecution,
if necessary.
9. The monitoring of pending and current state and federal legislation and
court decisions as appropriate.
10. Consultation with the City Council and City staff as needed — rendering of
legal advice and opinions (both oral and written).
It is expected that the Proposer will have in-house capabilities to advise and, if
necessary, initiate and defend litigation pertaining to Public Records Act, Brown
Act, election law, general liability, risk management, environmental law including
CEQA and NPDES, contracts and franchises, real estate, eminent domain, land
use, post ABx1 26 redevelopment, construction defects, and code compliance. It
is preferred but not mandatory that the Proposer provide employee relations/
human resources services. If the Proposer does not provide employee relations/
human resources services, be very specific in your response to III.G.7. of this
RFP.
Presently, the City Attorney generally is required to attend only one regular City
Council meeting per month but is expected to be available to attend the other
regular meeting if needed. When not in attendance at a regular or special
meeting of the City Council, the City Attorney is occasionally required to attend
closed session by telephone conference.
The City does not require regular office hours but expects the City Attorney to be
available to attend meetings if needed from 4:00 to 7:00 p.m. on regular City
Council meeting dates.
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Prior to initiation of any work, the City may request a written statement of the
estimated cost of the work.
III. PROPOSAL FORM AND CONTENT
A. Proposal Submittal
All pages of the proposal must be numbered consecutively. The proposal must
be organized in accordance with the list of proposal contents. The proposal must
provide specific and succinct responses to all questions and requests for
information.
Proposers must include the following items in their proposals addressing the
Scope of Services in Section II., above. Proposals and the fee schedule must be
valid and binding for 120 days following the proposal due date and may become
part of the agreement with the City.
B. Letter of Transmittal
Include a cover letter signed by a duly authorized representative of the firm. The
cover letter must include name, address, telephone number and e-mail address
of the Proposer submitting the proposal. In addition, the name, title, address,
telephone number, fax number, and e-mail address of the person or persons who
are authorized to represent the Proposer and to whom correspondence should
be directed shall be included. An unsigned proposal is grounds for rejection.
C. Table of Contents
Include a clear identification of the submitted material by section and by page
number.
D. Summary
Introduce the proposal and summarize the key provisions of the proposal.
Provide a statement describing why the Proposer is qualified to perform this
work, the names of the individuals who would serve as the City Attorney and
Assistant City Attorney.
If your firm provides employee relations/human resources services, provide the
name of the two most senior attorneys who would be designated to work with the
City for these services.
E. Statement of Understanding
Include a detailed statement of understanding of the legal services to be
provided. If there are services listed in this RFP that the Proposer will not be
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able to provide, please be certain to address such in your response to III.G.7. of
this RFP.
F. Background and Experience
1. Official name and address and specify the type of entity (partnership, LLC,
corporation, etc.)
2. Describe your firm's background and history; include number of years in
business. Describe the expertise your firm is able to provide the City.
3. Describe your firm's municipal and public agency Legal Services'
experience and training.
4. List the location of office(s) that would serve the City of Moorpark.
5. Identify support staff services available (clerical support, paralegals, other
non-attorney staff).
G. Approach to Legal Services
1. Describe your view of the role of the City Attorney.
2. Describe how you will keep the City informed about the status of litigation
and other legal matters.
3. Provide an example of a written communication (not to exceed 6 pages) to
a governing body about a legal issue, in which options are explained and
a recommendation is given.
4. Describe how you track and manage legal fees and costs.
5. Describe how you would proactively advise the City about legal
developments or issues of concern, without being asked. If you use
Newsletters, News Briefs, or other communications, please describe
general content and frequency of publication.
6. Describe the computer resources currently utilized within your office. The
City utilizes the Microsoft Office software, including WORD for Windows
word-processing software, and the City requires its contractors to use a
compatible version of the Microsoft Office suite for all files provided
electronically to the City. The City currently provides electronic agenda
files to the City Attorney and has a wireless internet network available in
the City Council chambers.
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7. Please list specialty services you do not provide. Such might include
employee relations/human resources; civil rights/voting rights; affordable
housing; or preparation or review of debt financing documents. For any
specialty services the Proposer does not directly provide, describe how
you propose the City receive such services. Options may include but are
not limited to separate agreement(s) with City with a firm selected by the
City and administered by City; or separate agreement(s) with City with a
firm selected by the City and administered by Proposer for the City; or
subcontract to Proposer. Except as noted in the next paragraph, you are
not required to address who would provide such specialty services just
how such services are proposed to be provided.
If you do not provide employee relations/human resources services and
are proposing a subcontractor, you are required to name the firm and
specify the hourly rates for each type of service to be provided as well as
the rates for any items which would be billed separately. Also provide the
information identified in III.H. of this RFP for the principal attorney(s) from
that firm who would provide such service(s). List that information here as
part of your response to III.G.7., not as part of III.H.
H. Proposed Attorneys)
Name the person whom you propose to designate as the City Attorney and
Assistant City Attorney. If your firm provides employee relations/human
resources services, name the two most senior attorneys who would be
designated to work with the City for these services. Provide the following for
each designee:
1. Certificates or licenses, including the date of admission to the State Bar of
California;
2. Description of education, including names of educational institutions,
degrees conferred, and year of each degree;
3. Professional background and professional associations;
4. Experience with and knowledge of the law relating to general law cities;
5. Specific areas of expertise and training; and
6. Provide names and qualifications of other attorneys in your firm who would
be able to provide legal services in support of the primary attorney(s).
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I. References and Potential Conflicts of Interest
1. Provide contact information for three municipal (preferred) or public
agency clients for which services have been provided by the designated
attorney in the last three years, so reference checks can be conducted.
Please include the contact person's name, agency, phone, and email
address.
2. List all public clients in the County of Ventura for whom your firm currently
provides services under a fee for services basis or on a retainer basis and
indicate the services provided. 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 designated as City Attorney, list all public clients that
person presently represents as City Attorney, Deputy City Attorney, or
Assistant City Attorney, along with the meeting dates and times for each
governing body.
4. List all private clients of your firm such as land developers, builders, or
contractors that could potentially pose a conflict of interest while
representing the City.
5. Identify all situations in the last five years in which your firm represented a
public entity and the decision or outcome was adverse to public entities,
either in litigation or administrative matters.
6. 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.
J. Compensation and Reimbursement
Please describe how the firm intends to charge for legal services, which may
include a flat-rate monthly retainer, an hourly basis, or some other basis.
If hourly rate billing is preferred, please state the hourly rates for the designated
City Attorney and Assistant City Attorney and any other attorneys or paralegals
assisting such person in providing services, and provide the fee schedule/hourly
rates in a table format.
Please define any "extra" services such as litigation, and describe if such
services will be billed at a different hourly rate or basis.
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The City practices full cost recovery whenever possible. To provide for ease of
accounting, the City expects the City Attorney to utilize separate accounts as
directed by the City Manager or designee. These accounts currently include
each department, each litigation matter, each development project, and each
construction project.
Specify which items, if any, are billed separately and at what rate. Such items
might include telephone and fax charges, postage, duplicating/printing, out-of-
pocket expenses, and mileage/travel time.
Specify if any overhead or administrative charge is added to billings for out-of-
pocket costs, subcontractors, or other items.
The City anticipates that the City Attorney Agreement will not have a specific
termination date. The Proposer is to include how they propose to be considered
for rate increases and at what intervals.
If a flat-rate monthly retainer is included as part of the proposal, it shall be
consistent with the following:
The selected City Attorney will be required to provide services under a
monthly retainer fee format for regular City Council meetings, special City
Council meetings, meetings with staff, communications with the City, and
legal work provided under the retainer. Routine travel expenses would be the
responsibility of the firm.
Retainer Services
The first hours of Basic Services per month would be billed at a rate
of $ per hour for a total monthly retainer of$ . If the City
does not require this amount of service in a given month, then City shall only
be charged for the hours used. The City expects time to be billed in 0.10 hour
increments.
Please define which services are included in your proposal for Retainer
Services. The rate for Retainer Services above the number of hours set forth
above would be $ per hour for the designated City Attorney and
designated Assistant City Attorney.
Extra Services
Please define which services are NOT considered part of Retainer Services
and which you would consider to be Extra Services or specialized work which
would be billed in addition to Retainer Services. The rate for Extra Services
would be $ per hour.
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If a separate individual or firm is proposed as a subcontractor to Proposer,
specify the hourly rates for each type of service to be provided as well as the
rates for any items which would be billed separately. Also provide information
identified in III.H. of this RFP for the principal attorney(s) who would provide
such service(s).
K. Agreement
The successful Proposer is expected to enter into an agreement with the City.
Please provide a proposed form of agreement for the services. The successful
firm must agree, if awarded a contract, to indemnify and hold harmless the City,
its officers, employees, agents, and contractors 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 services.
The agreement will require that the individual or law firm selected maintain
professional errors and omissions insurance, general liability insurance,
automobile liability insurance, and workers' compensation insurance. The per
occurrence and aggregate amount shall be specified in your response. The City
currently has $5M per occurrence and aggregate for professional liability, $1 M
per occurrence and $2M in aggregate for general liability, and $1 M per accident
for automobile insurance. All insurance coverage must be provided by an
insurance company authorized to do business in the State of California, and the
policy may not be canceled or materially changed without 30 days' prior written
notice to the City. The indemnification and hold harmless language and
insurance endorsement forms shall conform with and be satisfactory to CJPIA
requirements.
Proposer must covenant that it presently has no interest and will not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any
manner or degree with the performance of the services requested. Proposer
must also certify that to the best of its knowledge, no one who has or will have
any financial interest under the agreement is an officer or employee of the City.
L. Additional Information
In this section, provide any other information that the Proposer believes is
applicable to the evaluation of the proposal or your qualifications for providing the
proposed legal services. You may use this section to address those aspects of
your services that distinguish your firm from other firms.
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IV. REVIEW AND SELECTION PROCESS
A. Process
A committee made up of City representatives will evaluate proposals and
conduct interviews with the top Proposer(s). Proposers will be evaluated on the
basis of cost, experience, qualifications, and approach to the services requested.
The Proposer determined best qualified to perform this service will be
recommended to the City Council for contract award.
The City reserves the right to reject any and all proposals for any reason deemed
appropriate by the City.
B. Evaluation Criteria
The following information will be considered during the evaluation process:
1. Experience and qualifications identified in the Proposal.
2. Cost of providing services.
3. Complete and clear response to requested matters in the Proposal.
4. Familiarity with laws and regulations governing California municipalities.
5. Adequate local availability, support to staff, and range of services offered.
6. Demonstration of workload capacity and level of experience
commensurate'with the level of service required by the City.
7. Professional reputation for providing high-quality services and ability to
work cooperatively with City staff.
8. Communication skills.
9. Depth and breadth of experience and expertise in the practice of law, most
specifically in those areas most often encountered in municipal
government operations.
10. 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.
11. Degree of availability for quick response to inquiries that arise out of day-
to-day operations, questions, or problems
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12. Other qualifications/criteria as deemed appropriate by the City Council.
Attachment:
Copy of current City Attorney Agreement with BWS
M:\\CITYMGR\City Attorney RFP 2012 April.docx
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Attachment 2
AGREEMENT FOR CITY ATTORNEY SERVICES
This Agreement is by and between Burke, Williams & Sorensen, a partnership including
professional corporations, hereinafter referred to as "Burke, Williams & Sorensen," or
"BW&S," and the City of Moorpark, a general law city, hereinafter referred to as "City,"
is dated and effective as of July 1, 2007 (the "Effective Date") and is made with
reference to the following recitals of facts.
RECITALS
A) City desires to continue to retain BW&S to provide legal services and
serve as City Attorney to perform the duties and services more particularly set forth
below at the rate of compensation set forth below; and
B) BW&S is willing to perform the duties and services of City Attorney as set
forth below at the rate of compensation set forth below; and
C) This agreement supercedes and replaces in their entirety, all prior
agreements and amendments by and between City and BW&S concerning legal
services. All such prior agreements and amendments shall be of no further force and
effect.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows:
1. Designation of City Attorney.
A. Joseph M. Montes is designated as the City Attorney.
B. Scott E. Porter is designated as the Assistant City Attorney. Any change
to the designation of the Assistant City Attorney shall require the written
approval of the City Manager. In the absence of the City Attorney, the
Assistant City Attorney may act on behalf of the City Attorney.
2. Services. The City Attorney will perform the following services for City upon
the request of the City:
A. Retainer Services
(1) Attend all regular meetings of the City Council and adjourned and
special meetings of the City Council.
(2) Attend meetings of the Planning Commission.
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(3) Attend other meetings of boards, commissions and committees of
the City.
(4) Provide legal advice and opinions on all matters affecting the City,
except when prevented from doing so by a conflict of interest.
(5) Prepare resolutions and ordinances initiated by the City.
(6) Prepare or review and certify as to legal form contracts,
agreements and other documents between the City and other
public or quasi-public entities or initiated by the City.
(7) Prepare or review and certify as to legal form contracts,
agreements and other documents (i)for the acquisition or disposal
of services, supplies, equipment or land by the City; or (ii) for public
works or projects initiated by the City.
(8) Prepare or review bond documents. Prior to the initiation of any
such work, the City may request from the City Attorney a written
statement of the estimated cost of the work.
(9) Act as general counsel to the Moorpark Redevelopment Agency
(MRA).
B. Litigation Services
(1) Criminal prosecution of violations of City ordinances.
(2) Represent the City in civil litigation brought on behalf of, or against,
the City. Prior to the initiation of any such work, the City may
request from the City Attorney a written statement of the estimated
cost of the work.
C. Non-retainer Services
(1) Provide legal services which, by mutual agreement of the City
Attorney and City Manager, do not come within the scope of
Retainer Services or Litigation Services. Prior to the initiation of
any such work, the City may request from the City Attorney a
written statement of the estimated cost of the work.
3. Billing Rates and Practices.
A. All Retainer Services shall be billed to a general retainer account, unless
the City Manager directs that a separate account of a service be
maintained. A separate account shall be maintained for each Litigation
Service and for each Non-retainer Service.
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B. Services performed by the designated City Attorney and Assistant City
Attorney and any services performed by other attorneys from BW&S in
fulfillment of the City Attorney's responsibilities shall be compensated in
accordance with the rates set forth in Exhibit"A", attached hereto and
incorporated herein by reference.
C. The rates set forth in Exhibit"A" and listed in items A through C may be
adjusted each July 1, beginning in 2008. The City Attorney shall notify the
City in writing at least forty-five (45) days prior to July I of the proposed
changes to the rates set forth in Exhibit"A." Any proposed change of five
dollars ($5) per hour or less shall become effective on July 1, unless City
notifies the City Attorney in writing prior to July 1 of a rejection of the
proposed increase. Any proposed change in excess of five dollars ($5)
per hour, or fifty dollars ($50) per month for retainer work, in any given
year must be requested at least forty-five (45) days prior to July 1 and
requires the decision of the City Council to approve, deny, or modify said
changes in rates.
D. Time shall be billed in increments of one-tenth (1110) of an hour.
E. City shall be billed for long distance phone calls other than those within
Los Angeles and Ventura Counties.
F. Out-of-pocket expenses, including but not limited to express mail and
messenger services, shall be billed at direct cost. The costs of first-class
postage shall not be billed to the City.
G. Duplicating expenses for other than the first copy of the work product
prepared by the City Attorney's office, documents placed on the BW&S
central word processing system as determined necessary by the City
Attorney and documents transmitted to the City by FAX shall be charged
at the respective per page rate and hourly rate customarily charged BW&S
clients.
H. Travel time shall not be billed for meetings or appearances held at the Los
Angeles and Ventura County offices of BW&S and for regular meetings of
the City Council. For all other meetings or appearances, including without
limitation, adjourned regular and special meetings of the City Council,
travel time shall be billed as set forth in Exhibit"A." Billable travel time
shall be shown as a separate entry on the statement in the same manner
as other billable services and costs.
1. In the event of litigation or an issue that affects more than one client of
BW&S, the City Manager shall be provided with a written statement of the
method by which BW&S proposes to bill for the service. In the event that
the City Manager does not accept the proposal, but subsequently requests
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that work be done on the matter that was the subject of the proposal, the
City shall be billed in accordance with this Agreement.
J. In the event that it is necessary, in the opinion of the City Attorney or City
Council, to retain other legal counsel, the City Attorney shall pay the actual
cost of such legal counsel and shall include the actual cost of such legal
counsel on the City Attorney's monthly statement, or on a separate invoice
(at the direction of the City Manager) for payment by the City. Such legal
counsel shall not be retained by the City Attorney without prior written
authorization of the City Council.
4. Payment.
A. BW&S shall submit monthly,statements to the City accounting for all
services provided and costs incurred pursuant to the terms of this
Agreement. Said statements shall clearly set forth by date the type of
work performed.
B. Payments to BW&S shall be made by City within thirty (30) days of receipt
of the statement, except for those which are contested or questioned and
returned by the City, with written explanation, within thirty (30) days of
receipt of the statement. BW&S shall provide to City a written response to
any statement contested or questioned and further, upon request of City,
provide City with any and all documents related to the service or costs.
No charge shall be made for time expended in providing this information to
the City.
5. Indemnification.
A. BW&S shall hold harmless, indemnify and defend the City and its officers,
employees, servants and agents from any claim, demand, damage,
liability, loss, cost or expense, for any damage whatsoever, including but
not limited to death or injury to any person and injury to any property,
resulting from misconduct, negligent acts, errors or omissions of BW&S or
any of its officers, employees or agents'in the performance of this
Agreement, except such damage as is caused by the negligence of the
City or any of its officers, employees, servants or agents.
B. The City does not, and shall not, waive any rights that it may have against
BW&S by reason of subsection A of this Section 5, because of the
acceptance by the City, or the deposit with the City, of any insurance
policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provision of subsection A of this Section 5
shall apply regardless of whether or not said insurance policies are
determined to be applicable to the claim, demand, damage, liability, loss,
cost or expense described in subsection A of this Section 5.
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6. Insurance.
A. BW&S shall secure from a good and responsible company or companies
doing insurance business in the State of California, pay for, and maintain
in full force and effect for the duration of this Agreement those policies of
insurance required by this paragraph and shall furnish to the City Clerk of
the City certificates of said insurance on or before the commencement of
the term of this Agreement. In the event of cancellation or amendment of
any such policy for any reason whatsoever, BW&S shall give notice
thereof to City within three (3) business days after BW&S is in receipt of
written notice of the cancellation or amendment. BW&S shall give City
thirty (30) days written notice to the expiration of any such policy.
B. Consistent with the provisions in subsection A of this Section 6, BW&S
shall provide commercial general liability insurance for bodily injury and
property damage, using Insurance Services Office "Commercial General
Liability" policy form CG 00 01 or the exact equivalent in the total amount
of the commercial general liability insurance coverage carried by BW&S,
which amount shall not be less than one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) annual aggregate. The
policy shall bear an endorsement or have attached a rider whereby the
City is named as additional insured with BW&S. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. In the event the amount of
commercial general liability insurance provided to another public agency
client of BW&S is greater than the amounts stated in this paragraph, this
same insurance coverage shall be provided to City. Any insurance
proceeds available to City in excess of the limits and coverage required in
this agreement, and which is applicable to a given loss, will be available to
City.
C. Consistent with the provisions of subsection A of this Section 6, BW&S
shall provide professional liability (errors and omissions) insurance in the
total amount of the professional liability insurance coverage carried by
BW&S, which amount shall not be less than five million dollars
($5,000,000) per claim and in the aggregate. The policy must"pay on
behalf of the insured and must include a provision establishing the
insurer's duty to defend. If a Claims Made Basis policy is approved by the
City, BW&S shall provide total coverage for any claim that may be filed
pursuant to statute or court action after expiration of the Claims Made
Basis policy in an amount consistent with the provisions of this paragraph.
In the event the amount of professional liability insurance provided to
another public agency client of BW&S is greater than the amount stated in
this paragraph, this same insurance coverage shall be provided to City.
Any insurance proceeds available to City in excess of the limits and
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coverage required in this agreement, and which is applicable to a given
loss, will be available to City.
D. Consistent with the provisions of subsection A of this Section 6, BMS
shall provide Business Auto Coverage on ISO Business Auto Coverage
form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent.
Limits are subject to review, but in no event to be less that $1,000,000 per
accident. If BMS owns no vehicles, this requirement may be satisfied by
a non-owned auto endorsement to the general liability policy described
above.
E. Consistent with the provisions of subsection A of this Section 6, BMS
shall provide workers' compensation insurance as required by the
California Labor Code. If any class of employees engaged by BMS in
work under this Agreement is not protected by the workers' compensation
law, BMS shall provide adequate insurance for the protection of such
employees to the satisfaction of the City.
F. BMS shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from BW&S's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the
expiration of the coverages.
7. General Provisions.
A. BMS shall not assign this Agreement, or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties
that BMS is uniquely qualified to perform the services provided for in this
Agreement.
B. City shall not be called upon to assume any liability for the direct payment
of any salary, wage or other compensation to any person employed by
BMS performing services hereunder for City.
C. BMS is and shall at all times remain as to the City a wholly independent
contractor. Neither the City nor any of its officers, employees, servants or
agents shall have control over the conduct of BMS or any of BW&S's
officers, employees or agents. BMS shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in
any manner employees of the City.
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D. In the performance of this Agreement, BW&S shall not engage in
discrimination in employment of persons because of the age, race, color,
sex, national origin or ancestry or religion of such persons.
E. Nothing contained in this Agreement shall be deemed, construed or
represented by the City or BW&S to any third person to create the
relationship of principal or agent, or of a partnership, or of a joint venture,
or of any other association of any kind or nature between the City and
BW&S.
F Any notice to be given pursuant to this Agreement shall be in writing, and
all such notices and any other document to be delivered shall be delivered
by personal service or by deposit in the United States mail, certified or
registered, return receipt requested, with postage prepaid, and addressed
to the party for whom intended as follows:
TO: City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: City Manager
TO: Burke, Williams & Sorensen
611 West Sixth Street, Suite 2500
Los Angeles, California 90017-3102
Attention: Joseph M. Montes
Either party may, from time to time, by written notice to the other,
designate a different address which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or upon deposit in the United
States mail.
G. This Agreement constitutes the entire agreement of the parties concerning
the subject matter hereof and all prior agreements or understandings, oral
or written, are hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly purporting to be such
an amendment, signed and acknowledged by both of the parties hereto.
H. Should interpretation of this Agreement, or any portion thereof, be
necessary, it is deemed that this Agreement was prepared by the parties
jointly and equally, and shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it to be prepared.
I. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall
any such waiver constitute a continuing or subsequent waiver of the same
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provision. No waiver shall be binding, unless executed in writing by the
party making the waiver.
J. In the event any action, suit or proceeding is brought for the enforcement
of, or the declaration of, any right or obligation pursuant to this Agreement
or as a result of any alleged breach of any provision of this Agreement, the
prevailing party shall be entitled to recover its costs and expenses,
including reasonable attorney's fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award
thereof.
K. Cases involving a dispute between the City and BW&S may be decided by
an arbitrator, if both parties agree in writing, with costs proportional to the
judgment of the arbitrator.
L. This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the
interpretation, enforcement or other action of the terms, conditions or
.covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
M. The captions and headings of the various sections and subsections of this
Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective sections and
subsections hereof.
8. Terms.
A. This Agreement shall remain in effect until amended or terminated.
B. This Agreement and all legal services to be rendered under it may be
terminated at any time upon thirty (30) days written notice from either
party with or without cause. In the event of such termination, BW&S shall
be paid for all services performed and costs incurred before the effective
date of said termination.
C. In the event of termination of the Agreement, BW&S shall provide City, at
City's request and cost, copies of work product prepared by, or on behalf
of, BW&S to this Agreement and copies of any document obtained by
BW&S pursuant to this Agreement.
9. Additional Representation.
A. The City Attorney is hereby designated as the General Counsel to the
Moorpark Redevelopment Agency, as well as any and all other presently
existing authorities, districts, agencies or joint powers associations formed
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by the City or the Moorpark Redevelopment Agency. Additionally, the City
Attorney shall be General Counsel to any such authorities, districts,
agencies or joint powers associations formed by the City or the Moorpark
Redevelopment Agency in the future, unless otherwise determined by the
Moorpark City Council or Moorpark Redevelopment Agency Board.
10. Conflicts of Interest
A. BW&S represents that neither BW&S nor any of the attorneys or other
persons employed by BW&S have any material financial interest, direct or
indirect, in any contract or decision made by or on behalf of CITY that may
be affected by the services to be provided to CITY pursuant to this
Agreement, other than a financial interest that is similar, in all material
respects, to the interests of the general public. BW&S further agrees that
no attorney or other person having any such interest will be employed by
BW&S while this Agreement remains in effect. If BW&S or an attorney or
other person employed by BW&S acquires such an interest while this
Agreement remains in effect, BW&S will immediately disclose such
interest to CITY's Representative, and the interested individual will not
participate in or influence the performance of the services to be provided
to CITY pursuant to this Agreement. Additionally, except for services
currently provided to other Ventura County cities (which include city
attorney services for the City of Camarillo and labor and employment
services for the Cities of Port Hueneme and Oxnard), BW&S agrees to
advise the City Manager prior to undertaking any representation of other
Ventura County public entities so that CITY may evaluate whether or not
the contemplated representation may present a conflict of interest.
B. In addition to the requirements regarding conflicts of interest imposed on
attorneys by the California Business and Professions Code, and by Rule
3-310 of the California Rules of Professional Conduct, BW&S agrees that
neither BW&S nor any attorney employed by BW&S will represent clients
before any board, commission, committee or department of CITY, or
represent a client adverse to CITY for a period of one year from the date
of the completion of the services to be provided to CITY pursuant to this
Agreement or the early termination of such services in the manner
hereinafter provided by this Agreement. The provisions of this paragraph
may be waived by the written consent of the City Manager.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the duly authorize officers the day and year first above written.
ITY F MOO BURKE, WILLIAMS &SORENSEN
nc unte , yor Jos M. Monte
ATTEST:
Jo . We
Deborah S. Traffenstedt, CVClerk
(SEAL) '=
O
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EXHIBIT "A"
A. General Retainer Rate.
The rate for the first ten (10) hours of time billed to the general retainer account,
irrespective of the attorney who performed the work, shall be $1,350 (now $1,400).
B. City Attorney and Assistant City Attorney Rates.
The rate for the City Attorney and Assistant City Attorney shall be $185 (now$190)
per hour for Services performed under this Agreement.
C. Other Rates.
The hourly rate, for attorneys based on the number of years admitted to the bar,
shall be as follows, irrespective of whether the Service is Retainer, Litigation or
Non-retainer:
Eff 7/1/08
Partners - 25 years or more $245 $250
- 15 to 25 years $225 $230
- 14 years or less $215 $220
Associates - 5th year or more $195 $200
- 4th year $185 $190
- 3rd year $180 $185
- 2nd year $175 $180
- 1st year $165 $170
Paralegal $100 $105
D. Billable Travel Time.
Portal-to-portal (round trip) travel time between the BW&S Ventura County
offices in Camarillo and the Moorpark City Hall shall be billed as .9 hours and
between the BW&S Ventura County offices in Camarillo and the Ventura County
Government Center shall be billed as .8 hours.
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