HomeMy WebLinkAbout2014 10-13 City Council Workshop PacketAGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:00 P.M. Monday, October 13, 2014
City Hall, Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. UNFINISHED BUSINESS
None
E. NEW BUSINESS
1. Review of Request for Proposal for City Legal Services:
a. City Attorney - General Municipal Law
b. Prosecution
c. Human Resources
2. Discussion of Labor Contract Negotiations (Report Distributed at Meeting)
a. Intent to Close Meeting (§13D.03)
F. ADJOURNMENT
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MEMORANDUM
TO: City Council
FROM: Melinda Coleman, Interim City Manager
DATE: October 6, 2014
SUBJECT: Review of Request for Proposal for City Legal Services
a. City Attorney – General Municipal Law
b. Prosecution
c. Human Resources
Introduction
The City of Maplewood has not gone out for an RFP for Attorney Services since 2006. It is good
business practice to solicit Requests for Proposals for Services on a periodic basis to ensure
the City is getting the best service at the best cost. For this reason, staff has prepared a detailed
Request for Proposals for General Municipal Law, Prosecution and Human Resources. The
request is written in such a way that those prospective Attorneys/Firms can bid on one, two or
all three of the service areas.
This gives the City the most flexibility when awarding contracts for services that would begin in
January of 2015.
Discussion
The Request for Proposal outlines the timeframe and gives general information about the City
and the Scope of Work for the 3 service areas.
The City Council should select two Council members to work with Interim City Manager
Coleman and Chief Schnell to review the proposals and make recommendations for interviews.
The interviews would take place between November 17th and 24th.
Budget Impact
None
Recommendation
It is recommended that the City Council review the attached RFP and direct staff to send it out
to the legal firms in the metropolitan area. Staff has a list of these firms obtained from the
League of Minnesota Cities.
Attachment
1. Request for Proposal for City Legal Services
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City of Maplewood
Request for Proposals
For City Legal Services
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
http://www.ci.maplewood.mn.us
October 2014
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PURPOSE
The City of Maplewood is requesting qualifications and proposals for Legal Services from firms experienced in
municipal law. Firms may choose to be considered for one, two, or all of the following services:
City Attorney‐general municipal law
Prosecution
Human Resources
As a result of this Request for Proposals (RFP), the City will select a top qualifier for one, two, or all of the services
requested with whom to commence contract negotiations. If negotiations are successful, the City will enter into a
professional services contract with that firm. The City will consider a City Attorney Services contract of three (3)
years, renewable annually. The initial contract period is anticipated to start January, 2015 and run through
December 31, 2017. The City reserves the right to conduct an annual review of these services and the City
Attorney’s performance. The City retains the option to use alternative service methods and providers when the
City deems it appropriate.
a) INTRODUCTION AND BACKGROUND
A. Background
Maplewood is a suburb of about 36,279 (2005) in the Twin Cities metropolitan area located
about 15 minutes or 9 miles from downtown St. Paul. Maplewood has over 33 parks and a great
trail system.
In addition to providing general government services, Maplewood provides a full range of other
services including police and fire protection, building and other safety inspections, planning and
zoning, economic development, environmental services, parks and recreation, public works,
snow removal, infrastructure maintenance and repair, and others.
The city also has its own Community Center and has a wide variety of recreational opportunities
which add to the quality of life in Maplewood. Maplewood provides its citizens a sense of
community. The city is filled with a combination of lush wooded areas, lakes, ponds, beautiful
parks and trails as well as nice residential areas and well planned commercial and industrial
areas.
The City of Maplewood operates under the Council‐Manager plan. Under this form of
government, all legislative power is vested in the elected, part‐time City Council. This Council
consists of a Mayor and four Council members who are elected at large for four‐year
staggered terms.
The Council adopts policies and ordinances and appoints a professional, full‐time City Manager to
carry them out. The City Manager is solely responsible for the administration of City business and
may delegate authority to promote efficient use of staff time.
The Mayor and Council members also serve as the Maplewood Area Economic Development
Authority (EDA) which was established and has all of the powers, duties and responsibilities
pursuant to Minnesota State Statutes §§ 469.090 through 469.1081. The EDA has the role and
responsibility and authority to carry out economic and industrial development and
redevelopment within the Maplewood area pursuant to bylaws as may be adopted by the
authority.
The EDA confers with city departments and other public and private groups on matters relating
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to business and industrial development and periodically surveys the area's industrial and
commercial climate.
The City Council meets on the second and fourth Mondays of each month in the Maplewood City
Hall Council Chambers at 1830 County Road B East at 7:00 pm.
The EDA meets on an as needed basis in the Maplewood City Hall Council Chambers located at
1830 County Road B East.
B. General Information and Scope of Work
The City of Maplewood invites written proposals from qualified law firms interested in providing
City Attorney, Prosecution, and Human Resource services. Below is a description of attorney
services to be provided for each area of expertise.
1) City Attorney.
The City Attorney is expected to provide general legal services for the City and act in an
advisory capacity to the City Council, City Manager, staff and appointed committees, as
directed. Specifically, the City Attorney can expect to provide, but not be limited to, the
following services:
Attend all City Council meetings and selected work sessions. Attend commission,
committee and staff meetings as requested by the City Council or City Manager.
Draft ordinances, resolutions and correspondence as requested.
Prepare official documents including development agreements and planned unit
development agreements.
Review Council and Planning Commission agenda backgrounds and minutes, and the
advisory boards’ documents, as needed.
Participate in meetings and discussions with Mayor, Councilmembers, City Manager,
staff and other individuals as requested.
Draw up municipal contracts for public improvements, joint powers agreements,
purchases and other purposes as requested.
Assist staff in processing licensing violations, administrative fines and suspensions.
Represent the City in the acquisition of property and easements.
Conduct occasional law updates for City Council and staff as necessary.
Advise and assist staff as requested in the development of Requests for Proposal and
formal bid documents.
Represent the City in matters related to the enforcement of City building, housing,
zoning and fire codes.
Research and submit legal opinions on legal matters requested by City Council or City
Manager.
Provide advice on open meeting law, data practice, records retention and privacy issues.
Defend city in litigation (except in those cases where insurance companies are required
to provide defense) including, but not limited to, 1) human rights claims; 2)
condemnation; 3) permits and administrative actions; and 4) related claims against the
City.
In coordination with Bond Counsel, review of financing, special assessments, bonds and
insurance requirements required by or for city contracts or activities.
Represent the city in the acquisition of properties for public improvements, easements,
and parks.
Represent the city in condemnation proceedings for public improvement projects.
Initiate litigation on behalf of city as requested by City Council.
Interpret and advise regarding state land use statutes and City Code.
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Interpret and advise regarding impact fees and legal uses.
Advise and represent the city on environmental matters.
Prepare and/or review the following:
o Conditional Use Permits and Documentation
o Vacation of Right‐of‐Way
o Special Assessments
o Planned Unit Developments
o Development Agreements
o Subdivision and Zoning Requests
Possess an adequate knowledge of TIF laws and understand their application.
2) Prosecution Services.
The prosecuting attorney shall represent and prosecute all criminal law matters within the
city’s jurisdiction. Specifically, the Prosecuting Attorney can expect to provide, but not be
limited to, the following services:
Scheduling, coordinating officer appearances.
Reviewing all criminal cases presented for purposes of prosecution.
Determine technical compliance with criminal code and other state statutes.
Writing complaints.
Making recommendations to the court for alternatives to prosecution where
appropriate.
Act as a resource to the Police Department in the development of criminal cases
Provide training sessions for police staff as needed.
Timely pursuit of disposition of criminal cases in advance of actual court cases to avoid
unnecessary officer court time.
Process and present forfeiture cases on behalf of the Police Department.
3) Human Resource (HR) Services.
The Human Resource Attorney is expected to provide general human resource legal services
for the City and act in an advisory capacity to the City Manager and City Council, as directed.
Specifically, the Human Resource Attorney can expect to provide, but not be limited to, the
following services:
Provide recommendations and guidance on employment matters.
Review and provide opinions regarding labor disputes.
Represent the city on grievances filed by the unions.
Assist the City Manager in the negotiation process for renewing labor contracts. The
City currently has seven (7) contacts representing approximately 180 employees.
Provide guidance and legal review regarding disciplinary action(s) against city employees
Provide legal support to the Police Civil Service Commission, as needed.
C. Qualifications and Selection Criteria
The City of Maplewood intends to select and award a contract to the firm best qualified to
perform the work described in Section (b) based on cost, extent and quality of firm’s resources,
communication and presentation skills, and quality and extent of municipal representation
experience.
D. Review and Recommendation Process
Based upon review of the submitted proposals and potential interview of qualified
firms/candidates, one firm/candidate will be recommended to the City Council for approval in
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each of the three (3) service disciplines. Interviewing, if needed, is preliminarily scheduled for
the week of November 17, 2014 at Maplewood City Hall.
E. Financial Liability Limitations
The City of Maplewood shall not be liable for any expenses incurred by the applicant associated
with the preparation of the proposal, attendance at the interviews, preparation of a
compensation (fees) schedule or final contract negotiations.
F. Rights of Review
The City of Maplewood reserves the right to reject any proposal or to request additional
information from any or all applicants.
G. Proposals Considered Public Data
Consistent with Minnesota Statues Chapter 13, proposals submitted may be considered public
data and may be released to those who request copies.
b) PROPOSAL INSTRUCTIONS
A. Proposal Submission
Six (6) paper copies and one (1) electronic file in PDF format of the Proposal shall be submitted
to:
Melinda Coleman
Interim City Manager
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
651‐249‐2055
Melinda.Coleman@cimaplewood.mn.us
All responses, questions, and correspondence should be directed to Melinda Coleman, Interim
City Manager.
In the interest of fairness to all respondents, please do not contact other city staff members,
elected officials (Mayor and Council), or any other appointed/delegated city officials.
B. Anticipated Schedule (subject to change)
1. Proposal Due Date November 7, 2014
2. Review of RFP’s Completed November 17, 2014
3. Interviews (If Needed) Week of November 17 ‐ 24, 2014
4. Contract Negotiation Completed December 5, 2014
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5. Contract Finalization and City Council approved December 8, 2014
6. Contract Effective Date January 12, 2015
NOTE: ALL PROPOSALS MUST BE RECEIVED BY NOVEMBER 7, 2014 AT MAPLEWOOD CITY
HALL NO LATER THAN 4:00 P.M.
C) PROPOSAL CONTENT
During the evaluation process, the City of Maplewood shall reserve the right to request
additional information or clarifications from a firm, or to allow corrections of errors and/or
omissions.
Cover Letter/Title Page
Title page showing the following: The firm’s name, address, telephone, and email address of the
contact person; and the date of the proposal.
1) Transmittal Letter
A signed letter of transmittal briefly stating the firm’s understanding of the work to be done, the
commitment to perform the work within requested time periods, a statement why the firm
believes that it is best qualified to perform the engagement and a statement that the proposal is
a firm and irrevocable offer.
2) Technical Proposal
I. Firm Background:
a) Brief history of firm including nature of the firm’s practice.
b) Number of attorneys, including number of partners and associates and areas of specialty.
c) Provide the overall capabilities, qualifications, training, and areas of expertise for each of the
attorney’s likely to provide service under the agreement including the length of employment
for each person and his/her area of specialization.
d) Support personnel including number and expertise.
e) Office organization and support capabilities.
f) Office locations(s).
g) Current use of technology, especially capability for computerized legal research and for
sharing and editing documents electronically.
h) Statements of any malpractice claims and/or ethics complaints taken against your firm or
firm’s attorney(s) over the last five years and the status or outcomes of such action. Indicate
whether any action is pending or is currently under review by the State Ethics Board.
i) Statement of 2013 billings for municipal work as a percentage of total 2013 billings.
j) Describe malpractice insurance coverage: carrier, limits, and exemptions.
k) Statement of compliance with federal and state laws respecting civil rights.
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II. Attorney Qualifications:
a) Identify the specific attorney who will serve as the lead attorney for each of the legal
services you have expressed interest in providing, and indicate the following:
Academic training and degrees
Year admitted to the Minnesota Bar Association
Description of background and experience
Description of current municipal experience including cities served in a similar
capacity
List of litigation in communities where designated attorney served as lead attorney
and outcomes of litigation
Professional affiliations
III. Identify attorney who will serve in the lead attorney’s absence, and provide information as
requested in No. 1 above.
IV. Identify other attorneys and support staff who will supply services for which the city will be
charged.
V. Indicate current responsibilities of person designated to serve as lead attorney.
VI. Indicate whether the firm has experience with municipal electrical power utilities and
identify/provide information consistent with No. 1 above.
VII. List cities you currently represent and for what type of service.
VIII. List cities you began representing in the last three years and cities you stopped representing in
the last three years.
IX. Names, telephone numbers, and contact person of at least five (5) client references, at least two
(2) of which shall be cities.
X. Describe the firm’s view of their responsibilities to the city in the providing of legal services.
XI. Describe proposed insurance coverages applicable to the agreement and a copy of current
Malpractice/liability Insurance Certificate.
XII. Conflict of Interest:
1. Indicate whether designated lead attorneys or the law firm represent, or have represented, any
client whose representation may conflict with your ability to provide legal services to the city.
2. Indicate whether designated lead attorneys or the law firm currently represent any real estate
developers. If so, please identify those companies or persons in detail and provide a percentage
breakdown of how much this work represents of your firm’s total billings.
3. Identify what procedures your firm utilizes to identify and resolve conflicts of interest.
XIII. City/City Attorney Relationship:
1. Describe how you would structure the working relationship between the City Attorney and the
City Council, City Manager, Department Directors, and other staff members.
2. Define the standard timeframes for response by the City Attorney to direction and/or inquiry
from the City Council or City Manager.
3. Describe the systems or mechanisms that would be established for monthly reporting of the
status of projects, requests, and litigation.
XIV. Prosecution
1. Propose a process by which monthly criminal prosecution efforts are qualitatively reported to
the City Manager and/or Council.
2. Describe a mechanism for reporting statistics, including: cases charged, cases dismissed, jury
trials, guilty pleas, continuance for dismissal, diversion and/or stays of adjudication (as case
dispositions).
3. Describe your proposed prosecutorial philosophy with regard to matters of public safety
importance, such as domestic violence related crimes and driving while intoxicated crimes.
Due to the high volume of misdemeanor and gross misdemeanor theft related crimes occurring
in the City’s large retail area, describe a strategy(ies)that holds offenders accountable and yet
may minimize collateral consequences for offenders.
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4. Describe your level of interest and/or willingness to develop a clear and comprehensive strategy
to assist persons cited or arrested for repeat drivers license offenses come into compliance with
Minnesota law.
XIV. Fees:
1. City Attorney‐firms desiring to be considered for City Attorney services shall indicate a monthly
retainer amount and describe specific services to be included within the retainer and any
services that would be outside the retainer (refer to the list of services in Section VI.) For services
outside the retainer, indicate the hourly rate for City Attorney and other attorneys and support
staff that may be working on city business.
2. The city is interested in exploring alternative fee arrangements other than the retainer or hourly
rate. Indicate any alternate billing arrangements you would be willing to consider and under
what circumstances they would be most appropriate.
3. Firms shall indicate all other costs and reimbursables including travel (per mile), telephone,
printing, photocopying, etc.
4. Firms shall indicate the minimum increment of time billed for each service including phone calls,
correspondence, and personal conferences.
c) CONTRACT EXECUTION
The information below is being provided as part of this Request for Proposal to give proposers an
understanding of the City’s expectations with respect to contract execution.
A. Negotiations and Contract Execution
The City reserves the right to negotiate the final terms and conditions of the contract to be
executed. Should the City and a firm be unable to agree upon the entire contract, the City
reserves the right to discontinue negotiations, select another firm, or reject all of the statements
of proposal. Upon completion of negotiations agreeable to the City and firm, a contract shall be
executed.
It is anticipated that the City will establish a relationship with a selected firm for a minimum of
three (3) years. A contract for one year with annual renewals is expected. Each party may
terminate the contract with 90‐day notice.
d) Contracting Ethics
1. No elected official or employee of the City of Maplewood who exercises any responsibilities in
the review, approval, or implementation of the proposal shall participate in any decision which
affects his or her direct or indirect financial interests.
2. It is a breach of ethical standards for any person to offer, give, or agree to give any City of
Maplewood employee or Council person, or for any City of Maplewood employee or Council
person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or
an offer of employment whenever a reasonable prudent person would conclude that such
consideration was motivated by an individual, group or corporate desire to obtain special,
preferential, or more favorable treatment than is normally accorded the general public.
3. The firm shall not assign any interest in this contract and shall not transfer any interest in the
same without the prior written consent of the City.
4. The firm shall not accept any private client or project which, by nature, places it in ethical conflict
during its representation of the City of Maplewood.
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