RFP for City Attorney.pdf

REQUEST FOR PROPOSALS

for

City Attorney Services

Date of Issue: 20 December 2023

Proposal Closing Date and Time: 17 January 2024 at 4:30 pm

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INTRODUCTION

The City of Ellsworth seeks comprehensive legal services from a qualified attorney or firm to take over for our current city attorney who has accepted a position elsewhere. The City Attorney will be expected to demonstrate expertise in municipal law, land use and zoning, labor and employment, contracts, litigation, and general legal counsel. The City of Ellsworth consists of a mayor and five council members, with an appointed city administrator and city attorney to assist in running the city. All proposals will be submitted to the Mayor/City Council, and the mayor will appoint the city attorney most qualified for the consideration of City Council. Qualified legal professionals and firms are encouraged to participate in this competitive process, recognizing that the selected City Attorney will be pivotal in guiding city officials, representing legal interests, and ensuring compliance with pertinent laws and regulations.

GENERAL INFORMATION

Nestled amidst the picturesque landscapes of Kansas, Ellsworth emerges as a living tribute to the enduring resilience and captivating spirit of the American Midwest. Established in 1867 along the scenic banks of the Smoky Hill River, Ellsworth weaves a tapestry of history shaped by the iconic cattle-driving era and the relentless expansion of the railroad.

Once a thriving hub along the legendary Chisholm Trail, our city has borne witness to the ebb and flow of pioneers and cattle drivers, leaving an indelible mark on the very fabric of our community. Today, Ellsworth stands as a close-knit enclave, a vibrant testament to the essence of small-town living, with a population that warmly embraces the present while honoring its storied past—currently, around three thousand residents call Ellsworth home.

Our commitment to sustainable growth and community well-being is mirrored in our annual budget, standing proudly at $3.2 million, supporting a resolute team of over thirty full-time employees. This financial framework underscores Ellsworth's unwavering dedication to maintaining essential services, fostering robust economic development, and preserving the unique heritage that defines our charming Midwestern home.

As we stride confidently into the future, Ellsworth extends an invitation to legal professionals who share our vision—a city where historical roots intertwine seamlessly with aspirations for a vibrant tomorrow. We are seeking the expertise of a skilled City Attorney or reputable legal firm to join us on this journey, offering guidance that aligns with our values and contributes to the continued success of our beloved community.

In the heart of Ellsworth, opportunities unfold like the vast Kansas skies, and we invite you to be a part of our ongoing narrative. Join us as we celebrate our heritage, cultivate growth, and navigate the promising horizon that stretches before us. Ellsworth is not merely a city; it is an invitation to become a vital part of a community that takes pride in both its past and its future.

Come, be a catalyst for progress in the heart of the Midwest.

Scope of Services

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As indicated above, the City of Ellsworth is soliciting proposals from qualified, licensed attorneys or legal firms to serve as City Attorney. General services will include, but may not be limited to the following:

1. Preparation for and attendance at regularly scheduled City Council Meetings on the 2nd and 4th Monday of each month at 5:30pm.

2. Preparation for and attendance at periodically scheduled meetings of the City’s Planning Commission and Board of Zoning Appeals, Municipal Court, and others as required.

3. Prepare and attend Municipal Court, which meets the 2nd and 4th Tuesday of every month at 5:00 pm.

4. Availability for consultation with the Mayor, Common Council, and the City Administrator.

5. Rendering of legal opinions for the Mayor, City Council, and the City Administrator.

6. Ensuring the constitutionality of City ordinances as they relate to existing laws or changes in law at both the state and federal levels and initiating ordinance amendments as needed.

7. Advise City Council, City Boards, and all City officials on legal matters pertaining to municipal government.

8. Reviewing ordinary documents and contracts, as well as all draft resolutions and ordinances.

9. Coordinate and manage the services and costs of all outside legal counsel within budgetary limits, as approved by the City Council.

10. Land sales.

11. Easements, land divisions, condemnations.

12. Development Agreements.

13. Codification.

14. Zoning Issues.

15. Litigation.

16. Instructions/seminars in open meetings, ethics, other educational presentations.

17. Review of proposed investments for permissibility under State Statutes; and such other services the Mayor, City Council, and the City Administrator upon request.

Responses to Solicitation

To facilitate comparisons between responding firms, please include the following information in your firm’s proposal:

1. Information on Organization

a. Cover sheet to include the complete legal name of the firm, the location of the office which will have the responsibility for the services to be provided, and the name, address, telephone, and e-mail address of the primary authorized representative knowledgeable of the submittal.

b. Describe the organization, date founded, and ownership of your firm and any subsidiaries and affiliates relevant to the City of Ellsworth.

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c. Details on the qualifications of the firm, including documentation of the firm’s experience with similar work.

2. Methodology & Approach

a. Describe the firm’s approach to service delivery. Include a general overview of how the firm plans to fulfill service obligations.

b. Proposals must indicate a clear understanding of the scope of work, including a detailed project plan for this engagement outlying major tasks and responsibilities, times, and staff assigned for each category of the scope of work identified above.

c. Specify what unique characteristics set the firm apart from others who perform the same or similar functions.

3. Pricing Approach

a. Option A – Fixed Retainer Plus Hourly Billing

Please quote a fixed retainer fee to be charged for general governmental services and the items noted herein that are to be covered by the retainer. Clearly note any items listed above that your firm would not provide as part of the retainer duties and prefer to bill on an hourly basis. Please be specific.

Also state separately the rate(s) for any other cost items proposed to be itemized and billed (e.g., photocopying, Westlaw, Lexis fees, overhead factor). Please be specific. If there are any services routinely performed at no cost, please list those services.

b. Option B – Hourly Fees for All Work Without a Retainer

Please quote the dollar amount of hourly fees and costs your firm will charge for providing legal services to the City covered by your proposal.

For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Identify the minimum increment of time billed for each service (e.g., phone calls, correspondence, personal conference).

Also state separately the rate for any other cost items proposed to be itemized and billed (e.g., photocopying, Westlaw, Lexis fees, overhead factor). If there are any services routinely performed at no cost, please list those services.

c. Option C – Proposer’s Choice

Use any combination of retainer and hourly rates that you choose to deliver the requested services.

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4. References

a. At a minimum, provide a list of your three (3) largest clients, including contact people and telephone numbers.

b. Describe the firm’s experience and responsibilities for each reference.

5. Conflicts of Interest

a. Indicate whether your or your law firm represent or have represented any client which representation may conflict with your ability to serve as City Attorney.

b. Do you currently represent any real estate developers?

c. What procedures does your firm utilize to identify and resolve conflicts of interest?

d. If appointed, the Attorney shall not accept any client or project which would knowingly place it in a conflict of interest with the services to be provided to the City.

e. For the person to be designated as City Attorney, list all public clients that person presently represents as city attorney or general counsel, along with the meeting dates and times for each governing body.

6. Insurance

a. Prior to any services/activities, the firm/individual is to secure comprehensive general liability insurance, including auto and contractual liability coverage, at least $1 million.

Right to Reject Proposals

The City of Ellsworth reserves the right to reject any proposals submitted. Any award made for this engagement will be made to the contractor who, in the city's opinion, is best qualified to conduct the project.

Proposal Evaluation Criteria

Proposals will be evaluated based on their response to all provisions of this RFP. The City of Ellsworth may use some or all the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance:

Previous experience.

Demonstrated record of success on work previously performed for the city or similar work performed for others.

Background, breadth, and depth of expertise of the proposing firm.

Educational and professional background of services lead and staff.

Methodology proposed to accomplish the work.

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Demonstration of ability to work effectively with City staff, other public agencies, and related parties.

Pricing option proposed.

Pertinent innovative ideas which may be presented during the selection process.

Adequate knowledge of local conditions.

Additional work performed by the contractor which may have a direct and substantial physical relationship or conflict to the proposed work.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposing firms, or to allow corrections of errors or omissions. The City reserves the right to verify any information contained in proposals, including references, resumes, etc. The City reserves the right to investigate and research proposals, including facts and opinions that could be helpful in evaluating the capabilities of firms, whether they were specifically included in the proposals.

Selection Schedule

The City of Ellsworth will proceed with the following schedule for selection:

Request for Proposal Published 20 December 2023 Proposal Due Date 17 January 2024 Review of proposals 22 January 2024 Interviews and Selection 12 February 2024 City Council Awards Contract 26 February 2024

Submittal Requirements

Law firms or individuals interested in submitting proposals for the City Attorney must provide seven complete copies of the proposal along with a proposed contractual agreement. Proposals, including the proposed contractual agreement, should be submitted through two channels: via email to Dustin Stambaugh, City Administrator, at dstambaugh@ellsworthks.net, with the subject line "Ellsworth City Attorney Proposal," and as a hard copy delivered in a sealed envelope bearing the caption "Ellsworth City Attorney Proposal" to the following address:

Dustin Stambaugh City Administrator City of Ellsworth 121 West 1st Street PO Box 168 Ellsworth, KS 67439

All proposals, regardless of the submission method, must reach the specified locations by 4:30 P.M. on Wednesday, 17 January 2024. Late submissions will not be accepted.

The Mayor and/or City Council retains the right to reject any or all proposals, request additional information for clarification on any proposal, accept or negotiate modifications to any proposal

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