1-West Haven City RFQ for Legal Services Sent to State-Revisions July 28 2026 (1).docx

REQUEST FOR PROPOSALS

FOR

LEGAL SERVICES

FOR

WEST HAVEN CITY & WEST HAVEN SPECIAL SERVICE DISTRICT

West Haven City (“City”) and the West Haven Special Service District (“District”) invite law firms and individual attorneys to submit requests for proposals to provide legal services to the City and the District as specified herein.

Proposals are due before:

August 17, 2026, at 11:00 a.m. Mountain Standard Time (MST).

SECTION 1- INTRODUCTION

1.1 REQUEST FOR PROPOSALS (RFP) PURPOSE. West Haven City (“City”) and the West Haven Special Service District (“District”) request proposals (“RFP”) from Law Firms and Attorneys qualified to provide licensed legal services.

This RFP is designed to provide sufficient information for a competitive procurement process intended to serve the best interests of the City and District. Section 7 - Supplemental Information provides background on the City, District, and Legal Services, which may be important context for those responding to this RFP.

SECTION 2- SCOPE OF LEGAL SERVICES, QUALIFICATIONS, & EXPERIENCE

2.1 OVERVIEW. This section describes the three legal services to be procured through this RFP. The specific legal services include the City’s Civil Work, the City’s Prosecutor Work in the Justice Court, and the District's Civil Work. The legal services that the City and the District desire to procure are severable, such that the City and the District may award separate contracts to two or more Law Firms or Attorney(s) to provide the scope of legal services.

The City has previously contracted with an individual Attorney to provide all legal services to both the City and the District. To provide context on the time demands of providing legal services, the City has included the reported hours for the previous City Attorney from April 2025 to January 2026.

During this period, the previous City Attorney worked a total of 761 hours, averaging approximately 108 hours per month. The hours worked were categorized into the two primary responsibilities of the City Prosecutor and City Civil work. The table below shows pertinent information regarding the composition of their working hours.

The previous City Attorney’s contract was a fixed-fee arrangement. This RFP considers an hourly-rate contract, and given budget constraints, the City may need to reevaluate when to engage the selected Law Firm(s) or Attorney(s) for assistance. As a result, the hours noted above may fluctuate, as the City establishes a new working relationship and arrangement with a Law Firm or Attorney for the City’s Civil Work.

The District estimates that about 5 to 10 hours of legal services per month will be required. Recognizing that the number of hours of legal services anticipated by the District is minimal, the City and District are open to proposals for a Law Firm or Attorney to provide services to both entities. Under such a proposal, the Respondent shall describe the steps the Law Firm or Attorney would take to eliminate the conflict of interest that would arise if an Interlocal Agreement is proposed between the entities, or other conflicts that arise.

Please see Section 7 - Supplemental Information for additional details and related matters regarding background information for legal services.

2.2 CITY CIVIL WORK. The City desires to contract with a Law Firm or Attorney to provide the scope of services, as described in the subsections that follow, with the qualifications and experience specified therein.

2.2.1 City Civil Work- Scope of Services. The scope of legal services described in this section is not exhaustive but covers many of the common legal services for the City Civil Work, including but not limited to the following:

· Preparing or responding to correspondence regarding legal matters;

· Providing oral and written legal opinions to City officials on City activities;

· Participating in developing staff recommendations to the City Council and the Planning Commission, as needed;

· Preparing or reviewing contracts;

· Advising, overseeing, or conducting litigation and eminent domain proceedings;

· Advising the City on land use and zoning issues;

· Assisting the City Recorder in fulfilling Government Records Access Management Act (GRAMA) requests;

· Advising on procurement issues;

· Preparing or reviewing staff-developed ordinances, resolutions, contracts, agreements, leases, deeds, and related documents;

· Advising and participating in code enforcement activities;

· Advising on updates to existing City codes, resolutions, and other policies and practices;

· Addressing legal questions arising in the general conduct of City business by researching and analyzing case law, evidence, correspondence, and other written materials; and

· Defending the City and its officials in civil proceedings.

· Providing City departments, the City Council, and the Planning Commission with legal advice in compliance with applicable laws and on other matters and duties as the City Manager deems appropriate;

· Performing such other duties as are normally and customarily required of a City Attorney.

The City Attorney attends Planning Commission and City Council meetings and provides legal counsel as needed. The Planning Commission meets at 5:00 p.m. on the second and fourth Wednesdays of each month, and the City Council meets at 5:00 p.m. on the first and third Wednesdays of each month.

2.2.2 City Civil Work- Qualifications. This subsection outlines the qualifications required to provide legal services for the City Civil Work, including the following:

· Attorneys are properly licensed to practice law in Utah and admitted to all courts of the State of Utah.

· The Primary Attorney has at least ten (10) years of experience providing legal counsel to cities. The Primary Attorney is the licensed Attorney who is estimated to spend the highest percentage of time providing legal services.

· The City intends to select a provider that is most advantageous to the City, including ensuring a range of legal expertise. A Respondent proposal in which multiple Attorneys from a Law Firm are available to provide legal services is preferred. Under this preferred approach, the legal services would be managed primarily by a single Attorney to ensure consistency. As warranted, the Primary Attorney and the City may draw on the specialized or collective experience of other Attorneys within the Law Firm.

· As described in greater detail in Section 7 - Supplemental Information, West Haven City is among the fastest-growing cities by percentage change in population. Land-use and zoning issues are a substantial component of the desired legal services, and qualifications that demonstrate abilities in land-use and zoning are preferred.

2.2.3 City Civil Work- Experience & Expertise. This subsection outlines the experience and expertise required to provide legal services for the City Civil Work, including the following:

· Demonstrated experience and expertise in the following areas as they relate to the City’s Civil Work: franchise and right-of-way law; utility services; public contracting and purchasing law; drafting or reviewing municipal ordinances and resolutions; attendance at public meetings; GRAMA; administrative law; government ethics; employment law; water law; urban renewal law; real estate law; eminent domain; municipal finance; general municipal government and law; and constitutional law.

· Demonstrated experience and expertise in the laws and regulations governing local governments and in the operating procedures for conducting City business.

· As described in greater detail in Section 7 - Supplemental Information, West Haven City is among the fastest-growing cities by percentage change in population. Land-use and zoning issues are a substantial component of the desired legal services, and significant expertise and experience in these disciplines are preferred.

2.3 CITY PROSECUTOR WORK. The City desires to contract with a Law Firm or Attorney to provide the scope of services, as described in the subsections that follow, with the qualifications and experience specified therein.

2.3.1 City Prosecutor Work- Scope of Services. The scope of legal services described in this section is not exhaustive, but it covers many of the common legal services for City Prosecutor Work, including but not limited to the following:

· Prosecuting criminal, traffic, and ordinance violations;

· Screening cases; filing charges; prosecuting misdemeanor offenses and cases, including trials; negotiating pleas;

· Handling appeals from the Roy/Weber County Justice Court to the Second District Court;

· Evaluating all new criminal cases before the court prior to initial arraignment;

· Preparing and negotiating plea offers for presentation to defendants or their attorneys, either before or at arraignment;

· Responding to phone calls and emails from victims, police officers, defense counsel, defendants, the court, and others; and

· Performing other duties normally and customarily required of a City Prosecutor.

Through an interlocal agreement, the City participates in the Roy/Weber Justice Court, which serves the cities of Roy, Hooper, and West Haven, as well as unincorporated areas of Weber County. The Roy/Weber Justice Court is located at the Roy Municipal Building, 5051 South 1900 West, Roy City, UT 84067. The Court Office is open Monday through Thursday from 8:00 a.m. to 5:00 p.m., and Friday from 8:00 a.m. to 12:00 p.m. The City Prosecutor attends all municipal court sessions assigned to the City, which are currently held every Tuesday at 9:00 a.m. at the Roy/Weber Justice Court.

The City has contracted with a Legal Assistant who provides all paralegal services to the City Prosecutor. The Legal Assistant's objective is to handle paralegal tasks so the City Prosecutor can focus on strategy and legal judgment in prosecuting cases. The City Prosecutor provides direct supervision to the Legal Assistant, while the City Manager provides indirect supervision.

For the City Prosecution Work, a Respondent shall provide a proposal that includes at least one alternate Attorney to provide services. Under this approach, the City Prosecution is anticipated to be managed primarily by a single Attorney to ensure consistency. When the Primary Attorney acting as the City Prosecutor is unable to provide services or appear in court for reasons such as a conflict of interest, sick or vacation leave, or other reasons, the alternate Attorney shall ensure continuity of services.

2.3.2 City Prosecutor Work- Qualifications. This subsection outlines the qualifications required to provide legal services for the City Prosecutor Work, including the following:

· Attorneys are properly licensed to practice law in Utah and are admitted to all courts of the State of Utah.

· The Primary Attorney has at least five (5) years of experience as a City Prosecutor. The Primary Attorney is the licensed Attorney who is estimated to spend the highest percentage of time providing the legal services.

2.3.3 City Prosecutor Work- Experience & Expertise. This subsection outlines the experience and expertise required to provide legal services for the City Prosecutor Work, including the following:

· Demonstrated experience and expertise in the following areas as they relate to a City Prosecutor: prosecuting criminal, traffic, and ordinance violations; handling motion calendars or trial work; screening cases; filing charges; prosecuting misdemeanor offenses and cases, including trials; negotiating pleas; and handling appeals.

· Demonstrated experience and expertise in the laws, regulations, and rules pertaining to matters and operating procedures for the conduct of Justice Court.

2.4 DISTRICT CIVIL WORK. The District desires to contract with a Law Firm or Attorney to provide the services described in the subsections that follow, with the qualifications and experience set forth therein.

2.4.1 District Civil Work- Scope of Services. The scope of legal services described in this section is not exhaustive, but it covers many of the common legal services provided by the District Attorney, including but not limited to the following:

· Providing legal advice, representation, and support in civil matters for the District;

· Preparing or reviewing correspondence, legal opinions, contracts, resolutions, litigation, eminent domain proceedings, and construction contracts;

· Assisting with Government Records Access Management Act (GRAMA) requests;

· Assisting with the procurement process;

· Advising on water law, property acquisitions, and other matters as deemed appropriate; and

· Advising the District on compliance with applicable federal and Utah laws, rules, policies, and procedures affecting its operations, and preparing and drafting documents related to those operations, rules, policies, and procedures.

· Performing other duties normally and customarily required of a District Attorney.

The District Attorney may be required to attend meetings at the request of the District Board's Chairperson or the District's staff. District meetings are held on the third Monday of each month (except January, February, and June, which are the 4th Mondays) at 6:30 p.m.

2.4.2 District Civil Work- Qualifications. This subsection describes the qualifications required to provide legal services for the District Civil Work, which include the following:

· Attorneys are properly licensed to practice law in Utah and admitted to all courts of the State of Utah.

· The Primary Attorney has at least ten (10) years of experience providing legal counsel to cities or districts. The Primary Attorney is the licensed Attorney who is estimated to spend the highest percentage of time providing legal services.

· The District intends to select a provider that is most advantageous to the District, including ensuring a range of legal expertise. A Respondent proposal in which multiple Attorneys from a Law Firm provide services is preferred. Under this preferred approach, the legal services would be managed primarily by a single Attorney to ensure consistency. As warranted, the Primary Attorney and the District may draw on the specialized or collective experience of other Attorneys within the Law Firm.

2.4.3 District Civil Work- Experience & Expertise. This subsection outlines the experience and expertise required to provide legal services for the District Civil Work, including the following:

· Demonstrated experience and expertise in the following areas as they relate to the District’s civil work: utility services; public contracting and purchasing law; drafting or reviewing resolutions; attendance at public meetings; GRAMA; administrative law; government ethics; water law; real estate law; and eminent domain.

· Demonstrated experience and expertise in the laws and regulations governing the conduct of District business, including operating procedures. The proven qualifications, previous experience, and merit of prior relevant work of individuals proposed to provide legal services.

· Legal experience and expertise in special districts are preferred when selecting legal counsel.

SECTION 3- REQUEST FOR PROPOSALS & SUBMISSION DEADLINE

3.1 REQUEST FOR PROPOSALS. The City and District are requesting proposals that require Respondents to provide written responses or documents listed in subsections 3.1.1 Mandatory Minimum Requirements; 3.1.2 Proposal Requirements; and 3.1.3 Fee Proposal. As explained in Section 4 - Evaluation Criteria & Review and Selection Process, different City Officials review these documents at different stages of the evaluation process; as such, some information required in subsections 3.1.1 and 3.1.2 may overlap.

3.1.1 Mandatory Minimum Requirement Responses. Respondents must demonstrate the ability to meet or exceed the mandatory minimum requirements outlined below by providing a point-by-point narrative response, in the order listed, to each requirement. Failure to meet these requirements may result in rejection and ineligibility for further consideration. Please submit the Mandatory Minimum Requirements as a separate PDF file named “Mandatory Minimum_(Respondent’s Name)”.

· Legal Services Proposed. The legal services the City and District intend to procure are severable, allowing the City and the District to award separate contracts to one or more Law Firms or Attorneys for the provision of these services. Respondents shall identify which specific legal services (i.e., City’s Civil Work, City Prosecutor, or the District's Civil Work) they are submitting their proposal for consideration.

· Availability to Perform Services. The Respondent shall provide an explanation of its ability and approach to providing the legal services requested by the City and District, with an emphasis on timeliness and the quality of performance. Specifically, the Respondent shall affirm its current capacity to perform the City’s and District's legal services commensurate with the level of service required by the City and the District.

The Respondent shall also provide an affirmative statement of its ability and commitment to respond to all requests for service from the City and District promptly, in no case longer than one (1) business day after the request, and to diligently bring the matter or assignment to a conclusion.

· Primary Attorney & Years of Experience. The Respondent must identify the Attorney who will primarily provide the services sought by this RFP and their years of experience. The Primary Attorney is the licensed Attorney who is estimated to spend the highest percentage of time providing legal services. The Respondent shall have the following years of experience, depending on the legal services proposed:

· Primary Attorney with a minimum of ten (10) years of experience providing legal counsel to cities.

· Primary Attorney with a minimum of five (5) years of experience as a City Prosecutor.

· Primary Attorney with a minimum of ten (10) years of experience providing legal counsel to cities or districts.

· Statement of Proper Licensure. The Respondent shall provide a statement affirming that all Attorneys proposed to provide legal services are properly licensed to practice law in Utah and admitted to all courts of the State of Utah.

· Statement of Good Standing. The Respondent shall provide a statement affirming that all Attorneys proposed to provide service to the City and District: 1) are members in good standing of the Utah State Bar, the Bar of any other State regulatory body, or any other professional organization; and 2) have not been and are not the subject of any disciplinary action by any state Bar or other entity that governs the conduct of attorneys.

· Background Checks for Criminal Justice Information Services (CJIS). The City Prosecutor is expected to use Criminal Justice Information Services (CJIS) for information on arrest records, fingerprints, and investigative data that require a background check. Respondents submitting a proposal for City Prosecutor shall state whether they have already passed a CJIS background check or are able to do so.

· Conflict of Interest. The City and District frequently conduct business with a variety of entities. Therefore, Respondents shall disclose any known or potential conflicts of interest that may prevent the firm from fairly representing the City and District in any legal matters involving the following entities:

· West Haven City

· West Haven Special Service District

· Hooper City

· Roy City

· Weber County

· Marriott- Slaterville City

· Central Weber Sewer Improvement District

· North Davis Sewer District

· Weber Basin Water Conservancy District

· Bona Vista Water Improvement District

· Roy Water Conservancy District

· Taylor-West Weber Water Improvement District

· Hooper Irrigation Company

· Wilson Irrigation Company

· Hooper Water Improvement District

· Weber Fire District

· Weber County Sheriff’s Office

· Weber County

For each potential conflict of interest, the Respondent shall identify the individuals or entities involved, describe the nature of the conflict, and outline any proposed steps the Law Firm or Attorney will take to eliminate the conflict of interest. The Respondent shall also disclose any current or past relationships (financial or otherwise) with a City or District Official or affiliates.

As noted elsewhere in this document, the City and District encourage proposals for a Law Firm or an Attorney to provide legal services to both the City and the District. Under such a proposal, the Respondent shall describe the steps the Law Firm or Attorney would take to eliminate the conflict of interest that would arise if an Interlocal Agreement were proposed between the City and the District, or to address other conflicts that arise.

3.1.2 Technical Proposal Requirements. Each proposal should be prepared simply and economically, providing a straightforward, concise description that meets the requirements of this RFP. Emphasis should be on the completeness and clarity of the proposal's content.

The RFP must include the following information and materials; any omissions may result in the proposal not being considered further. The RFP is not intended to limit a proposal's content or exclude any relevant or essential data. Respondents are free and encouraged to expand upon the specifications to demonstrate service capability.

All pages of the proposal must be numbered consecutively and must not exceed fifteen (15) pages in length. Resumes, licenses, letters of recommendation, and work examples shall not count against this page limit. Please submit the Technical Proposal Requirements as a separate PDF file named “Technical Proposal_(Respondent’s Name)”.

· Letter of Transmittal. All proposals shall include a Letter of Transmittal that introduces the Respondent, including the name, address, telephone number, and email address of the contact person and other representatives. The Letter of Transmittal shall outline the scope of services and summarize the key provisions of the proposal.

The legal services that the City and District desire to procure are severable, allowing the City and the District to award separate contracts to one or more Law Firms or Attorneys for the provision of the legal services. Respondents shall identify in the Letter of Transmittal which specific legal services (i.e., City’s Civil Work, City Prosecutor, or the District's Civil Work) they are submitting their proposal for consideration.

The Respondent shall certify and sign that they are entitled to represent the firm, are authorized to submit the fee proposal, and are authorized to sign a contract with the City and District. They shall also certify that their submitted proposal documents are true and accurate and that the City and District rely on this information.

· Qualifications of Legal Professionals. The Respondent shall demonstrate the qualifications described in Section 2 and elsewhere in the RFP for all legal professionals proposed to provide legal services to the City and District by describing the Respondent's depth and breadth of qualifications. More specifically, a Respondent shall describe the breadth of qualifications (i.e., the wide range or variety of legal issues) and the depth (i.e., how thorough or advanced) of their abilities and qualifications for providing legal services to municipalities and districts.

The Respondent shall provide a brief bio for any legal professional who would provide the services described in the “Scope of Services” section, including graduate and postgraduate degrees, licensing, and relevant practical experience. Detailed resumes and licenses shall be provided and attached and shall not count against this page limit.

The City and District intend to select a Respondent that is most advantageous to the City and District, including one that ensures a range of legal expertise. A Respondent proposal in which multiple Attorneys from a Law Firm providing services to the City and District are preferred. Under this preferred approach, the legal services would be managed primarily by a single Attorney to ensure consistency, as identified in the Respondent’s proposal. As warranted, the Primary Attorney and the City and District may draw on the specialized or collective experience of other Attorneys within the Law Firm. Respondents are encouraged to highlight the Primary Attorney providing service and the Law Firm's expertise, as well as the specialized or collective experience of other Attorneys within the Law Firm.

For City Prosecutor Work, a Respondent shall provide a proposal that includes at least one alternate attorney to provide services as described in subsection 2.3.1, City Prosecutor Work - Scope of Services. The Respondent proposing to provide legal services for City Prosecutor Work shall demonstrate the qualifications of all legal professionals proposed to provide such services.

· Past Experience in Similar Services, References & Portfolio. Respondents shall provide a list and a summary or description of the most significant engagements that are similar in scope to the legal services described in Section 2 for City Civil Work, City Prosecutor Work, and District Civil Work. More specifically, for each previous or ongoing engagement, a description of the services shall be provided, the date(s) the services were performed, the legal professionals engaged in providing service shall be identified, and the name and telephone number of the principal client contact, whom the City and District may contact as a reference, shall be provided.

As described in greater detail in Section 7 - Supplemental Information, West Haven City is among the fastest-growing cities by percentage change in population. Land-use and zoning issues are a substantial component of the desired legal services, and significant expertise and experience in these areas of law are preferred. Respondents are encouraged to highlight their experience in land-use and zoning issues.

The Respondent shall provide a portfolio of examples of their work from the Primary Attorney proposed to provide City Civil Work and District Civil Work. The portfolio should include only the Primary Attorney's exclusive work; any work not solely the Primary Attorney's shall be excluded.

· Provide two (2) recent examples of memos and letters that explain, interpret, or apply the law to a municipality, district, or public entity.

· Provide two (2) recent examples of an ordinance, resolution, or other public policy document or rule drafted for a municipality, district, or public entity.

· Provide two (2) recent examples of legal briefs filed in litigation, preferably involving a municipality, district, or public entity.

The Respondent shall provide a portfolio of examples of the Primary Attorney who is being proposed to provide City Prosecutor Work. The portfolio should include only the primary Attorney's exclusive work; any work not solely the Primary Attorney's shall be excluded.

· Provide two (2) recent examples of the formal charging document, written and signed by the prosecutor, that lists the numbered counts and the specific statutory or ordinance violations charged against the defendant.

· Provide two (2) recent examples of a Plea in Abeyance / Plea Agreement outlining terms under which a defendant agrees to plead guilty or no contest, subject to conditions set by the prosecutor (such as paying fines, taking classes, or remaining law-abiding), to have charges reduced or dismissed later.

· Provide two (2) recent examples of a Motion for Bench Warrant / Order to Show Cause: a request filed when a defendant fails to appear for a scheduled court date or disobeys a court order.

· Additional Information & Attachments. Except as expressly provided otherwise, this RFP is not intended to prohibit the content of a submission or exclude any relevant, important, or essential information. Respondents are free and encouraged to expand upon the specifications to demonstrate service capability.

3.1.3 Fee Proposal. The Respondent shall provide a fee proposal for the legal services by completing and submitting the form that is Appendix A. The specified hourly rates shall include all direct and indirect costs, as well as any out-of-pocket expenses, such as travel, printing, and filing fees (which are expected to be minimal or nonexistent). Please submit the Fee Proposal as a separate PDF file named “Fee Proposal_(Respondent’s Name)”.

3.2 SUBMISSION AND DEADLINE. The deadline for submitting a proposal is August 17, 2026, at 11:00 a.m. Mountain Standard Time (MST). Interested Respondents shall submit the following documents, as described elsewhere in this RFP, as three separate PDF files named as follows:

· Mandatory Minimum_(Respondent’s Name)

· Technical Proposal_(Respondent’s Name)

· Fee Proposal_(Respondent’s Name)

These three PDF files shall be attached to a single email to Emily Green, City Recorder, at emilyg@westhavenut.gov with the subject line “Proposal for Legal Services,” and shall be submitted before the above-stated deadline. Proposals received after the deadline will be disqualified and shall not be considered. Respondents are solely responsible for ensuring the timely submission of their responses.

All materials become the property of West Haven City. Respondents are liable for any costs incurred in preparing or submitting a proposal.

SECTION 4- EVALUATION CRITERIA & REVIEW AND SELECTION PROCESS

4.1 EVALUATION CRITERIA. The City and District shall review and select the Law Firm(s) or Attorney(s) in accordance with the criteria in this section.

4.1.1 Mandatory Minimum Requirements Scoring Criteria. A Respondent’s submitted Mandatory Minimum Requirement Responses shall be evaluated on a pass-or-fail basis. A failing rating means a Respondent or their submitted proposal fails to address the requirements or criteria described below or elsewhere in this RFP or cannot be assessed due to missing information. A passing rating means a Respondent or their submitted proposal affirmatively addresses the requirements or meets the criteria described below or elsewhere in this RFP.

If for some reason the City Manager and District Recorder are unable to make a determination of a “passing” or “failing” score, the City Manager and District Recorder can forward the issue to the Evaluation Committee for their final determination.

· Legal Services Proposed. The legal services the City and the District intend to procure are severable, allowing the City and the District to award separate contracts to one or more Law Firms or Attorneys for the provision of the legal services. Respondents shall identify which specific legal services (i.e., City’s Civil Work, City Prosecutor, or the District's Civil Work) they are submitting their proposal for consideration.

· Availability to Perform Services. The Respondent shall provide an explanation of its ability and approach to providing the legal services requested by the City and District, with an emphasis on timeliness and the quality of performance. Specifically, the Respondent shall affirm its current capacity to perform the City’s and District's legal services commensurate with the level of service required by the City and the District.

The Respondent shall also provide an affirmative statement of its ability and commitment to respond promptly to all requests for service from the City and District, in no case longer than one (1) business day after the request, and to diligently bring the matter or assignment to a conclusion.

· Primary Attorney & Years of Experience. The Respondent must identify the Attorney who will primarily provide the services sought by this RFP and specify their years of experience. The Primary Attorney is the licensed Attorney who is estimated to spend the highest percentage of time providing legal services. The Primary Attorney providing services shall have the following years of experience, depending on the legal services proposed:

· Primary Attorney with a minimum of ten (10) years of experience providing legal counsel to cities.

· Primary Attorney with a minimum of five (5) years of experience as a City Prosecutor.

· Primary Attorney with a minimum of ten (10) years of experience providing legal counsel to cities or districts.

· Statement of Proper Licensure. The Respondent shall provide a statement affirming that all Attorneys proposed to provide legal services are properly licensed to practice law in Utah and are admitted to all courts of the State of Utah.

· Statement of Good Standing. The Respondent shall provide a statement affirming that all Attorneys proposed to provide service to the City and District: 1) are members in good standing of the Utah State Bar, the Bar of any other state regulatory body, or any other professional organization; and 2) have not been and are not the subject of any disciplinary action by any state Bar or other entity that governs the conduct of attorneys.

· Background Checks for Criminal Justice Information Services (CJIS). The City Prosecutor is expected to use Criminal Justice Information Services (CJIS) to access arrest records, fingerprints, and investigative data that require a background check. Respondents submitting a proposal for the City Prosecutor position shall state whether they have already passed a CJIS background check or are able to do so.

· Conflict of Interest. The City and District frequently conduct business with a variety of entities. Therefore, Respondents shall disclose any known or potential conflicts of interest that may prevent the firm from fairly representing the City and District in any legal matters involving the following entities:

· West Haven City

· West Haven Special Service District

· Hooper City

· Roy City

· Weber County

· Marriott- Slaterville City

· Central Weber Sewer Improvement District

· North Davis Sewer District

· Weber Basin Water Conservancy District

· Bona Vista Water Improvement District

· Roy Water Conservancy District

· Taylor-West Weber Water Improvement District

· Hooper Irrigation Company

· Wilson Irrigation Company

· Hooper Water Improvement District

· Weber Fire District

· Weber County Sheriff’s Office

· Weber County

For each potential conflict of interest, the Respondent shall identify the individuals or entities involved, describe the nature of the conflict, and outline any proposed steps the Law Firm or Attorney will take to eliminate the conflict of interest. The Respondent shall also disclose any current or past relationships (financial or otherwise) with a City or District Official or affiliates.

As noted elsewhere in this document, the City and District encourage proposals for a Law Firm or an Attorney to provide legal services to both the City and the District. Under such a proposal, the Respondent shall describe the steps the Law Firm or Attorney would take to eliminate the conflict of interest that would arise if an Interlocal Agreement were proposed between the City and the District, or any other conflicts that arise.

If the City Manager and District Recorder are unable to determine the severity of the conflicts disclosed by the Respondent, and if the Law Firm has adequately proposed measures to eliminate the conflict of interest, the City Manager and District Recorder may forward the issue to the Evaluation Committee for its final determination.

In addition to the Respondent’s statements affirming the above requirements, the City Manager and District Recorder shall verify the following:

· Compliance with RFP. The completeness of the proposal in meeting this RFP’s requirements and in the prescribed format, which includes the Respondent submitting three separate PDF files which are named as follows:

· Mandatory Minimum_(Respondent’s Name)

· Technical Proposal_(Respondent’s Name)

· Fee Proposal_(Respondent’s Name)

· Timely Submission of Proposal. That the Respondent’s proposal was submitted to and received by the City and District prior to the submission deadline noted elsewhere in this RFP.

4.1.2 Technical Proposal Scoring Criteria. The elements below of a Respondent’s submitted proposal shall be evaluated and scored based on the criteria below. If a Respondent is proposing to provide more than one legal service (i.e., City Civil Work, City Prospector Work, and District Civil Work), they shall be scored separately for each legal service proposed.

· Qualifications. Respondent demonstrating in their submitted proposal and interviews (if any) their proven qualifications, merit, and the depth and breadth of their qualifications in providing legal services as described throughout this RFP.

· Experience & Expertise. Respondent demonstrating in their submitted proposal and interviews (if any), their proven experience, expertise, merit, and the depth and breadth of prior relevant work in providing legal services as described throughout this RFP.

4.1.3 Fee Proposal Scoring Criteria. As defined in subsection 4.1.4 below, the Respondent with the lowest weighted blended rate will receive the maximum of 30 points (100% of the total points available) for the City Civil Work and District Civil Work. The Respondent with the lowest total blended hourly rate will receive the maximum of 40 points (100% of the total points available) for the City Prosecutor Work.

All other Respondents will receive a portion of the total Fee Proposal points based on the ratio of their fee proposal to the lowest fee proposal. The formula to compute these points is: Fee Proposal Points x (Lowest Fee Proposal/Respondent’s Fee Proposal).

4.1.4 Point System for Technical Proposal and Fee Proposal. The point system used to score the Technical Proposal and Fee Proposal stated above shall be as follows:

City Civil Work City Prosecutor Work District Civil Work

4.2 REVIEW & SELECTION PROCESS.

4.2.1 Stage 1- Initial Review. The City Manager and District Recorder shall review, evaluate, and score the Respondent’s submitted Mandatory Minimum Requirement Responses against the criteria in subsection 4.1.1, Mandatory Minimum Scoring Criteria or elsewhere in this RFP. Responses that receive a passing rating for each criterion in Section 4.1.1 shall be forwarded to an Evaluation Committee for further review, evaluation, and scoring.

If, for any reason, the City Manager and District Recorder are unable to determine a “passing” or “failing” score, they may forward the issue to the Evaluation Committee for its final determination and scoring. Non-responsive proposals that do not conform to RFP requirements or fail to meet the mandatory minimum requirements will be eliminated from further consideration.

4.2.2 Stage 2- Technical Proposal Review. The City Manager shall form and chair an Evaluation Committee to further review, evaluate, and score the proposals that meet the passing rating described above. The Evaluation Committee members shall use the criteria set forth in Section 4.1.2, Technical Scoring Criteria, or elsewhere in this RFP. The Evaluation Committee members’ scores shall be compiled and averaged to determine the proposal scores for the City Civil Work, City Prosecutor Work, and District Civil Work. The three (3) highest-scoring proposals from Stage 2 may proceed to Stage 3, Interviews and/or Reference Checks (if conducted), or Stage 4, Fee Proposal Evaluation.

4.2.3 Stage 3- Interviews and/or Reference Checks. The Evaluation Committee may, in its sole discretion, conduct interviews with the top three (3) Respondents with the highest-scoring proposal from Stage 2 for each of the legal services (i.e., City Civil Work, City Prosecutor Work, and District Civil Work). The City and District plan to hold these interviews in person at the City and District Offices at 4150 S 3900 W, West Haven, UT 84401. If an in-person demonstration is not possible, the City and District will set up technology to deliver a virtual presentation as needed.

The City and District shall establish a date and time for the interviews or presentations and shall notify eligible Respondents of the procedures. Representations made by a Respondent during interviews or presentations shall become an addendum to the Respondent's proposal and shall be documented. Representations must be consistent with the Respondent's original proposal and may only be used for purposes of clarifying or filling in gaps in the Respondent's proposal. Interviews and presentations will be at the Respondent's expense.

The City Manager or designee may conduct reference checks for the top three (3) Respondents with the highest-scoring proposal from Stage 2 for each of the legal services (i.e., City Civil Work, City Prosecutor Work, and District Civil Work). The City Manager or designee may contact the Respondent’s listed previous or ongoing engagements for which the Respondent has provided legal services.

In consideration of the interviews or reference checks, Evaluation Committee members may reconsider and adjust any score previously given in Stage 2. If an Evaluation Committee member decides to adjust their score, the revised scores will be compiled and averaged to determine the proposal score for the legal services for City Civil Work, City Prosecutor Work, and District Civil Work.

4.2.4 Stage 4- Fee Proposal Evaluation. For each legal service (i.e., City Civil Work, City Prosecutor Work, and District Civil Work), the top three (3) Respondents with the highest-scoring proposal from Stage 2 or Stage 3 will have their Fee Proposal evaluated.

City and District Officials shall open the top (3) Respondents’ Fee Proposals and calculate a weighted blended rate by multiplying each proposed hourly rate (Column B) by that Respondent’s estimated percentage of work per legal professional (Column C), then summing the results to determine a single true weighted average cost per hour. This final blended fee proposal will be used to determine the lowest fee.

4.2.5 Stage 5- Contract Negotiations. The City Manager shall initiate contract negotiations with the Respondent whose proposal received the highest final score for each legal service. As described elsewhere in this RFP, the legal services the City and District desire are severable, allowing the City and the District to award separate contracts to multiple Law Firms or Attorney(s) to provide them.

The contract(s) will define the services to be rendered, the terms, special conditions, and the method and amount of compensation. The City Manager reserves the right to negotiate a contract in the best interests of the City and the District. If the City Manager is unable to negotiate a tentative professional services contract mutually acceptable to the Respondent with the highest final score, the City Manager shall terminate negotiations with the highest-ranking Respondent and begin negotiations with the next-highest-ranking Respondent, continuing in this manner until a tentative professional services contract is negotiated with Law Firm or Attorney.

Once a tentative professional services contract is reached, it will be presented to the City Council and the District Board for consideration and approval. The ultimate selection and approval of a professional services contract for legal services will be based on the City Council's and the District Board's adoption of the contract.

4.3 RESERVATION OF RIGHTS. As part of the evaluation and selection process, the City and District reserve the right but are not required, without limitation, to do the following:

· Cancel or modify the terms of this RFP and/or the process at any time and for any reason, without penalty, before the execution of a contract, as it deems necessary or prudent for the City and District’s interests.

· Reject any and all submittals, in whole or in part, received in response to this RFP without penalty when it is in the best interests of the City and District.

· Waive any informalities or irregularities in submittals or modify the scope of services at the sole discretion of the City and District, provided such action is determined to serve the best interests of the City and District.

· Request additional information or require other evidence of technical abilities and related matters for this RFP or for modifications from Respondent prior to award, if such is in the best interests of the City and District.

· Engage in written or oral communication with any or all of the Respondents when such action is in the City and District’s best interest.

· Negotiate terms with one or more of the Respondents. If contract negotiations are unsuccessful, enter into contract negotiations with other qualified Respondents who submitted acceptable proposals.

· Select the Respondent determined to be the most advantageous to the City and District, considering cost and the evaluation factors.

· Use any ideas submitted in the Request for Proposals received, unless covered by legal patent or proprietary rights. Selection or rejection of the submittal does not affect this right.

· The City and District, and its representatives, shall be the sole judge of the merits of the respective proposals received.

· Take any steps necessary to act in the City’s and District’s best interest.

· The City and District may reject any proposals based on a conflict-of-interest issue that they determine in their sole opinion is significant.

· Reject any proposal from Respondents where assigned lawyers are not properly licensed to practice law in Utah.

· As a result of this procurement process, the City and District reserve the right to maintain and use the list of ranked Finalists as a non-binding qualified shortlist for future legal services.

· The City and District reserve the right to reopen this solicitation or create a new solicitation if it determines there may be more competition for the procurement item than when the original solicitation was posted.

4.4 PROCESS SCHEDULE. Every effort will be made to administer the procurement process in accordance with the terms and procedures set forth in this RFP. However, the City reserves the right to modify the terms, process, and schedule as it deems necessary or prudent in its interest. The tentative schedule for this RFP is as follows:

Written notification of the outcome will be sent to the Respondents by letter or email after the contracts with the selected Law Firms or Attorneys are announced.

SECTION 5- CONTRACT

5.1 CONTEMPLATED CONTRACT PROVISIONS. The ultimate selection of the Respondent requires the City, the District, and the Respondent to enter into a mutually acceptable contract. The final terms will be set during contract negotiations. This subsection summarizes the contract provisions the District and City anticipate will be included in the contract, as well as other requirements contained in the RFP or in other statements provided in the Respondent’s submitted proposal.

· Copyright. The selected law firm or attorney’s work shall be deemed a work for hire, with the City and District owning the copyright.

· Own Office Space & Training. The selected law firm or attorney shall maintain an office at their own expense and shall not maintain an office or workstation at a City-owned or District-owned facility. The selected law firm or attorney shall pay for their own insurance and continuing legal education.

· Term. The City and District intend to award a contract for an initial term of three (3) years. The contract may, at the City’s or the District’s sole discretion, be renewed for additional terms.

· Separation Clause. The City Attorney and City Prosecutor serve at the City Manager's pleasure. The Parties to this Agreement recognize, acknowledge, and agree that this Agreement may be terminated at any time by any Party for any reason, with or without cause. The Parties mutually stipulate and agree that any termination of this Agreement, notwithstanding the right to terminate it with or without cause, shall be exercised only upon 120 days' written notice to each and every other Party to this Agreement. All work performed by the Attorney up to the date of termination shall be paid.

· Professional Liability Insurance. Professional liability insurance with a minimum policy covering damages caused by an act, error, or omission, or any negligent act, with a preferred limit of not less than $3,000,000 per occurrence and in the aggregate.

· Non-Exclusive Contract. The contract shall be non-exclusive and shall allow the City and District to retain legal counsel for legal services and matters, including condemnation counsel for the acquisition of real property, bond counsel, and other areas of special expertise, as determined by the City and District.

· Hourly Rates. Hourly rates must remain valid for at least the first twelve (12) months after the City and/or the District enters into a contract. Thereafter, hourly rates may increase as agreed in the contract between Respondent and the City and/or the District, provided that such periodic increases (no more frequent than every twelve (12) months) do not exceed the cost-of-living inflationary rate of the US Bureau of Labor Statistics Mountain Region Consumer Price Index (CPI) unless the City and District specifically agree otherwise.

The contract shall outline the payment terms for the engagement, including progress payments, if applicable. Travel time is not considered billable unless authorized by the City and District.

· Submitted Proposals Exhibit.