* Listing Title:
* Listing Description
The law firm/attorney(s) are required to be knowledgeable in a variety of legal areas, including but not limited to:
•General municipal laws
•General state and federal laws relating to municipal government
•Zoning, housing, annexation, subdivision and land use law
•Economic development activities including development, redevelopment, enforcement, and property/real estate law
•Legal activity relating to general obligation bonds, revenue bonds, tax increment bonds, tax exempt bonds, and other bonding and financial processes
•Ordinance and resolution development and interpretation
•Government Data Practices
•City Ordinances and City Code issues
1.Meetings and/or telephone conversations with and advising Mayor, Council Members, City Manager, Department Managers and other staff on general legal matters.
2.Research and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator; availability to answer staff questions by telephone.
3.Legal consultation and general support for Mayor, Council Members, City Manager, Department Managers and other staff on general legal matters.
4.Provide high level of customer service by responding in a prompt manner.
5.Attend, as required, all regular City Council meetings and advise the Mayor, Council Members and City Manager on matters of parliamentary law and procedures of a general matter.
6.Attend such special City Council meetings as the Council or the City Manager directs.
7.Attend such meetings of boards or commissions as the City Manager directs.
8.Attend such other meetings, planning sessions, conferences and/or departmental meetings as requested by the City Manager.
9.Attendance at any 24 meetings during a calendar year shall be included in the retainer fee.
10.Review of City Council and Planning Commission agenda packets and minutes.
11.Limited consultation with City Council Ad Hoc Committees.
12.Participation in at least one Open Meetings Act training or Municipal Role/Function training annually.
13.Prepare such resolutions as the City Manager or the City Council shall direct, except resolutions relating to the responsibility of the fiscal consultant or bond approving attorney.
14.Review of municipal contracts, including contracts for public improvements, developments, subdivisions, joint powers agreements, construction, purchase of equipment, and the like for content, form, legality and execution as requested.
15.Examine and advise regarding the legality of all proceedings and actions of the City Council and other boards or commissions as requested.
16.Render written opinions on law when requested, including interpretation of statutes, ordinances, rules and regulations.
17.Drafting of ordinances, ordinance amendments, resolutions, developer agreements and contracts, subdivision agreements and correspondence as requested.
18.Review ordinances as requested.
19.Review bonds, deeds, securities and insurance requirements required by or for City contracts or activities.
20.Prepare small business assistance loan documents and related materials.
21.Review data requests and related documents and advise staff regarding release and redactions.
22.Examine all petitions for improvements for validity.
23.Assist the city planner preparing preliminary report as to legal costs, easement costs, assessment methods, and assessment area.
24.Assist staff with special assessment processes and procedures.
25.Prepare or review such routine legal notices for posting, publishing or mailing as required by the statutory assessment process.
Real Estate Sale and Acquisition
26.Review acquisition requirements with appropriate departments, evaluate any special legal or cost problems, develop acquisition timetables, make preliminary cost estimates and obtain or develop proper legal descriptions.
27.Examine title to each parcel as requested by the City Manager.
28.Prepare documents necessary for routine land purchases and/or sales. All such transactions shall be deemed to be routine unless the Attorney contacts the City in advance and obtains the City's approval that the transaction contemplated is non-routine.
29.Provide legal advice to staff, City Manager, Planning Commission and City Council regarding zoning code matters.
30.Represent the City in matters related to the enforcement of city building, subdivision, maintenance and zoning codes.
31.Review and interpret collective bargaining agreements between the City and its employees, as needed.
32.Provide legal advice for City's negotiator and/or personnel officer, as needed.
33.Represent the City in the acquisition of properties for public improvements, easements, parks and the like as needed.
34.Perform all legal work in connection with financing, not usually performed by the fiscal consultant or bond counsel.
35.Receive and evaluate all assessment appeals and try cases in District Court or recommend amendments to assessment if warranted.
36.Handle all legal matters under construction contracts and any resulting litigation.
Land Acquisition and Sale
37.Represent the City in condemnation proceedings for public improvement projects, etc.
38.Initiate annexation proceedings at the direction of the City and follow through with all necessary documentation and presentation to the State Boundary Adjustments Division.
39.Representation of the City on Economic Development related issues, including developer agreements and tax increment document review as needed. Finance tax abatement and other forms of public finance assistance. Public financing assistance in public/private partnerships.
Claims Against the City
40.Where no insurance coverage is provided, make appropriate evaluation of claims for legality, investigate facts, and make recommendations to the City Council.
41.Defend in court all litigation where no insurance coverage is available. This includes but is not limited to: (1) human rights claims; (2) condemnation; (3) zoning and land use regulation matters
(4) permits and administrative actions; (5) administrative citations; (6) code enforcement issues; and (7) labor and employment matters.
42.Assist in resolving claims not resulting in litigation.
Claims By the City
43.Investigate and evaluate all claims by the City against others and recommend appropriate course of action, including, but not limited to: code enforcement issues and administrative citations.
44.Attempt collection of all proper claims including litigation where necessary and authorized by the City.
Intergovernmental Relations and Disputes
45.Provide such services as requested by the City regarding contractual dealings with Federal, State, County, Township, Municipal, and Special Districts by the City, including Joint Powers Act Public Improvements.
46.Handle disputes between the City and other governmental units, including litigation.
47.Represent the City in litigation on zoning matters; i.e. rezoning, variances, special permits, subdivisions.
1.Meetings and/or telephone conversations with and advising Mayor, Council Members, City Manager, Police Chief, and other authorized staff on general criminal legal matters.
2.Research and submission of legal opinions on municipal or other criminal legal matters requested by City Manager, Police Chief or other authorized staff; availability to answer staff questions by telephone.
3.Legal consultation and general support for Mayor, Council Members, City Manager, Police Chief and other authorized staff on general criminal legal matters.
4.Provide high level of customer service by responding in a prompt manner.
5.Prosecution of all petty misdemeanor, misdemeanor and statutorily delegated gross misdemeanor offenses committed within the corporate limits of the City. This includes all such cases initiated by any law enforcement agency and citizen complaints including, but not limited to, traffic violations, DWI cases, theft and City Code violations.
6.Provide advice, consultation and training where required to the City's Police Department and to all other departments of the City in the interpretation and enforcement of statutes, ordinances and investigations of violations in connection with the prosecution of criminal cases.
7.Prepare criminal complaints where facts warrant.
8.Evaluate all cases where a plea of not guilty is entered and prosecute where warranted.
9.Prepare appropriate pre-trial notices as required.
10.Seek such additional investigation as required.
11.Negotiate and enter plea bargains where deemed advisable.
12.Represent the City at all pre-trial motions.
13.Perform all legal research and prepare briefs when required.
14.Try all jury and court cases.
15.Examine, evaluate and provide representation for all appeals to Appellate Courts.
16.Draft ordinances, ordinance amendments, resolutions, and correspondence as requested.
17.Review ordinances as requested.
18.Render written opinions on law when requested, including interpretation of statutes, ordinances, rules and regulations.
19.Ensure proper notification and preparation of police officers and staff for trial.
20.Investigate and evaluate all claims by the City against others and recommend appropriate course of action, including, but not limited to: code enforcement issues and administrative citations.
21.Attempt collection of all proper claims including litigation where necessary and authorized by the City.
22.Defend in court all litigation where no insurance coverage is available. This includes but is not limited to: (1) administrative actions and administrative citations; and (2) code enforcement issues.
23.Assist in resolving claims not resulting in litigation.
SECTION TWO:INSTRUCTIONS TO PROPOSERS
1.Proposals should be submitted to Cynthia Price, City Clerk, 300 West Evergreen, Durant, OK 74701. Proposals should be received no later than 10:00 a.m. on May 23, 2017.
2.Eight (8) copies of each proposal should be submitted.
3.All proposals submitted must provide complete information as indicated in this request. Any other information that the respondent wishes to include for evaluation and consideration by the City as part of the proposal may also be included.
4.Questions regarding this request should be directed to City Clerk, Cynthia Price, 300 West Evergreen, Durant, OK 74701, (580) 931-6641 or [email protected]. In order to ensure a fair review and selection process, law firms submitting proposals are specifically requested not to make other contacts with City staff or City Council regarding their proposals.
SECTION THREE: REQUIRED CONTENTS FOR PROPOSALS
1. Title Page - Show the RFP subject: Provision of (Civil and/or Criminal) Legal Services, the name of the respondent’s firm, address, telephone number, e-mail, name of contact person, and the date.
•Provide a brief background history of the firm, and number of attorneys employed. An organizational chart or description of office organization would be helpful.
•Designate the primary contact, and identify those who would be working in more specialized areas. Describe the current principle responsibilities for the individual designated as lead attorney.
•Include a current resume for each attorney who will be primarily assigned to City of Durant. This information should include relevant academic training and degrees, description of prior experience in law areas described in the scope of services, number of years with the firm, areas of responsibility with the firm, and other background or experience which may be helpful in evaluating your proposal.
•Provide information as to how many attorneys are knowledgeable about municipal law and related fields as described in the scope of services.
•Indicate the location of the primary office and attorneys assigned to service this account.
Provide the address, phone number(s), e-mail address, and FAX number(s) of the firm.
•Provide information regarding the number of paralegals by their specialties, and the number and position titles of support personnel, specifically those who may be providing services to the City of Durant.
•Provide an assessment of the availability of the attorney and other professional staff to be assigned to a contract with the City of Durant. This includes availability of back-up attorneys in case of illness, turnover, or other loss of personnel.
•Provide a statement of how the workload of the City of Durant would be accommodated and what kind of priority it would be given. Be sure to address items outlined in the scope of services section. The proposal should expand upon each item and set forth the firm’s approach/ability to carry out each activity. Include a description of the proposed allocation of work between the attorney(s) and support personnel identified (i.e. who will be the lead attorney and what work will be handled by junior partners, associates, or paralegals).
•Describe your legal library and research capabilities, with specific emphasis on municipal law publications, computer links, and the firm’s capability to maintain a proposed response time for legal reports and memorandums.
•Describe malpractice insurance coverage: carrier, limits, and exemptions.
3.Knowledge and Experience - Provide information demonstrating the knowledge and experience of the primary attorney that will be assigned to the City of Durant in the following areas:
a.General municipal laws
c.General state and federal laws relating to municipal government
i.Zoning, housing, annexation, subdivision and land use law
ii.Platting and Land Development Issues
iv.MSA 429 Projects (Procedures and Appeals)
e.Economic development activities including development, redevelopment, enforcement, and property/real estate law
f.Municipal Financing – Specify whether the firm is a recognized bond counsel and plans to serve in that capacity in the proposed representation
i.Oklahoma tax increment law;
ii.Municipal bonds: General obligation bonds, revenue bonds, tax increment bonds, tax exempt bonds, and other bonding and financial processes
iii.Demonstrate knowledge of collection law and municipal finance and purchasing.
g.Ordinance and resolution development and interpretation
h.Government Data Practices
i.City Charter and City Code issues
i.Interpretation of cable television franchise authority
ii.Water/wastewater, electric and other miscellaneous utilities, and related laws/regulations.
i.Experience as a prosecuting attorney prosecuting criminal complaints on behalf of a unit of local government
ii.Knowledge of Police Authority issues
p.Municipal Litigation - Describe any municipal litigation handled in the last five years. Indicate the types of cases tried.
4.Specialized Issues - Any areas of specialty that may relate to municipal law may be outlined in this section.
5.References - Provide a reference list of three (3) recent (within five years) municipal clients. If municipal clients are not available, other major clients may be submitted. Particular attention will be given to municipal client references. Please provide contact information including, address, phone number and e-mail address.
6.CONFLICT OF INTEREST STATEMENT
•Indicate whether your firm currently represents, or has represented any client where representation may conflict with your ability to serve as City Attorney for the City of Durant.
•Indicate if your firm currently represents any real estate developers doing business with, or anticipating doing business with, the City of Durant.
•Indicate whether you currently represent any other local units of government having jurisdiction within, or contiguous to the City of Durant.
•Indicate what procedures your firm would utilize to identify and resolve conflicts of interest.
SECTION FOUR: SELECTION PROCESS/PROPOSAL EVALUATION AND CONTRACT AWARD
The City intends to award a contract to the respondent(s) best qualified to perform the work for the City, cost and other factors considered. The City of Durant reserves the right to reject any and all proposals, to waive irregularities and informalities, to request additional information from all respondents, and further reserves the right to select the proposal which furthers the best interest of the City.
The approval of the firm selected and the contract award will be made by the City Council. A contract will be developed based on the information in the Request For Proposal.
Once a contract is awarded, the term of contract duration shall be subject to ongoing review and evaluation by the City Council and City Manager.
Advertisement of RFP beginsApril 5, 2017
Deadline for RFPMay 23, 2017 – 10:00 a.m.
InterviewsMay 31-June 2, 2017 *
Consideration of approval of selected firm and award of contract by the City Council June 13, 2017 *
New contract beginsJuly 1, 2017
SECTION FIVE:CONTRACT ETHICS
1.No elected official or employee of the City who exercises any responsibilities in the review, approval, or implementation of the proposal or contract shall participate in any decisions, which affects his or her direct or indirect personal or financial interest.
It is a breach of ethical standards for any person to offer, give or agree to give any City employee or council member, or for any City employee or council member to solicit, demand, accept, or
agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably 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 to the general public.
2.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.
3.The firm shall not accept any client or project that places it in a conflict of interest with its representation of the City of Durant . If such a conflict of interest is subsequently discovered, the City shall be promptly notified.
4.Non-Appropriation Clause: The City shall be permitted to cancel the contract, without penalty, at the end of a fiscal period if its governing body elects not to include in the budget an appropriation for the contractual payments coming due in the next fiscal period.
5.Non-Collusion Clause: The proposing entity/individual warrants that they have not employed or retained any company or person other than a bona fide employee working solely for the firm to solicit or secure this bid. The proposing entity/individual further warrants that they have not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for them, any fee, compensation, percentage, gift or consideration contingent upon or resulting from the award or making of this proposal. If the proposing entity or individual violates this provision, the City shall have the right (which shall be cumulative to the other rights the City may have) to forthwith terminate this proposal without liability. The proposing entity/individual also certifies that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same services and is in respects fair and without collusion or fraud. The signing of the proposal sheet indicates that the proposing entity/individual understands and agrees to this clause.
* (Job) Location:
* Contact Information -
City of Durant
* Street Address
300 West Evergreen
* Zip Code
* Phone Number
Website Address (please do not delete the http://):
* Contact Job Title:
* First Name
* Last Name
* Email Address
* Listing Expiration Date:
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