CITY OF ORONO, MINNESOTA REQUEST FOR PROPOSALS FOR PROSECUTING ATTORNEY SERVICES

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1 CITY OF ORONO, MINNESOTA REQUEST FOR PROPOSALS FOR PROSECUTING ATTORNEY SERVICES SECTION I. PURPOSE The City of Orono is requesting proposals from experienced firms for prosecution legal services. SECTION II. GENERAL INFORMATION The City of Orono is a managed growth community of 7,500 people located 20 minutes west of Minneapolis on Lake Minnetonka. Orono encompasses an area of 24 square miles, 30% of which is Lake Minnetonka. Orono operates as a Statutory Plan A City with a City Administrator. The City is governed by a five member City Council which includes four members elected at large, and a Mayor elected at large. The City has a strong tax base, driven by high valued lakeshore homes and large lot residential development. The City is about 90% developed, and projects an ultimate population of around 9,800. Orono has one small commercial district (Navarre) and shares a downtown commercial district with the City of Long Lake. The City has 54 full-time employees plus various seasonal part-time employees, and a 2016 General Fund budget of $7.7 million. The relevant City of Orono crime statistics have been included in Exhibit A. SECTION III. GENERAL INSTRUCTIONS AND TIMETABLE All correspondence should be directed to the City of Orono, Jessica Loftus, City Administrator, to jloftus@ci.orono.mn.us, by phone or physical address 2750 Kelley Parkway, Orono, MN (mailing address: P.O. Box 66, Crystal Bay, MN 55323). A. All proposals must be received at the City offices no later than 4:00 p.m., Friday, April 29, Ten (10) physical copies of the proposal must be presented to the address above along with one digital version. The copies shall be sealed and clearly identified with "Prosecuting Attorney RFP by the submittal deadline. B. The proposal shall be limited to a maximum of 25 pages, printed on one side. Additional material, other than that requested by the City of Orono, will be disregarded. 1

2 C. In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts with the City staff or Councilmembers regarding their proposals. D. An evaluation committee composed of Council members, the City Administrator, Police Investigative Sergeant, and other City staff, as deemed appropriate, will review proposals in May 2016, identify finalists and schedule interviews in June or July. The City plans to make a final selection by the fall of The effective date of legal services will be January 1, 2017 or as negotiated to assure a smooth transition. E. The term of the appointment as Prosecuting Attorney shall be five years, subject to ongoing review and evaluation by the City Council and City Administrator. SECTION IV. REQUIRED CONTENTS FOR PROPOSALS A. Proposing Firm Overview - Provide the following information: 1. Background information concerning the firm, including the number of years in business under this name and services available from the firm. 2. Services available from personnel in the proposing office. 3. Current use of technology, especially capability for computerized legal research and for sharing or editing documents electronically. 4. Statement of 2015 billings for municipal work as a percentage of total billings. 5. Statements of any malpractice claims and/or ethics complaints taken against your firm or firm s attorney(s) over the last ten years and the status or outcomes of such action. 6. Indicate whether any action is pending or is currently under review. B. Identification and Qualifications of Assigned Personnel - The ideal firm should have extensive experience in municipal law in the local courts. Provide the following information: 1. The name of the person who will serve as the lead attorney for the City together with a resume describing that person's experience and qualifications. Indicate current firm responsibilities. 2. Identify who will serve in the lead attorney s absence along with the names and resumes of other professional staff who will supply services for which the City will be charged. 3. An organizational chart identifying team members and their areas of responsibility, in addition to the years of experience they have in their particular area of proficiency. 4. A statement committing the aforementioned staff to this proposal. C. Related Experience - Provide the following information: 1. The firm s experience in performing similar work. Also note experience with litigation in the Ridgedale Court System. 2. The firm s demonstrated ability to deliver work on time and within budget. 3. List of communities currently being served by the applicant s company and number of years. D. Scope of Services - The proposal shall present the firm s detailed approach to the Scope of Work detailed in Section V. 2

3 E. Basis for Compensation 1. Indicate the dollar amount of fixed and/or hourly fees your firm will charge for providing the legal services covered by your proposal. The City prefers a fixed annual contract but is willing to consider other compensation plans. 2. Identify compensation for handling of forfeiture cases (e.g. percentage and/or fee). F. List of References, Past Claims, Potential Conflicts, Disclosures, Insurance 1. A minimum of three references for public clients shall be provided, preferably for comparable city services performed within the past three years. List any cities you stopped representing in the last three years. 2. Indicate whether designated lead attorney or the law firm currently represents any other local units of government having jurisdiction within, or contiguous to, the City of Orono. 3. Potential conflicts of interest must be disclosed. 4. List any and all personal or professional relationships that the proposed lead attorney has with the City Council members or member of the community. 5. Statement of any insurance claims and/or ethics complaints taken against your firm or firm engineer(s) over the last five years and the status or outcomes of such action. Indicate whether the action is pending or is currently under review by the State Ethics Board. 6. Applicant Authority - provide assurance that the signator making representations in the proposal on behalf of the proposer has the authority to do so. 7. Please provide a copy of Certificate of Professional Liability Insurance in a minimum amount of $1,000,000. SECTION V. SCOPE OF WORK A. Prepare appropriate complaints, pre-trial notices, and legal research briefs as required. B. Seek additional investigation if warranted. C. Represent and prosecute all criminal law matters within the City s jurisdiction. This includes all such cases initiated by the law enforcement agencies and citizen complaints that include but not limited to traffic violations, theft, vandalism, violence, DWI and city code violations. D. Reviewing all criminal cases presented for purposes of prosecution, determine compliance with criminal code and other state statutes, assist with writing complaints, making recommendations to the Police Department, and the Court for alternative considerations where appropriate. E. Act as a resource to the Police Department in the development of criminal cases and provide assistance to enforcement staff as needed. F. Represent and prosecute criminal law matters in coordination with officer scheduling and court appearances. 3

4 G. Seek timely pursuit of disposition of criminal cases in advance of actual court cases to avoid unnecessary officer court time. H. Try all jury and court cases. I. Examine, evaluate and provide representation for all appeals. J. Provide training sessions and legal updates for enforcement staff as needed. K. Process and present vehicle forfeiture cases related to DUI violations. L. Aggressively seek restitution to the City for all relevance costs for prosecution. M. Notify and communicating with crime victims. N. Describe the systems or mechanisms that would be established for monthly reporting of the status of litigation, projects, and requests. O. Present an annual report to the City Council. SECTION VI. SELECTION A. Qualifications for the top candidates will be verified and references will be checked. In reviewing the proposals, the committee will carefully weigh the following: 1. The firm's approach to and understanding of the Scope of Work. 2. The firm's experience with similar contracts and clients. 3. The experience and qualifications of the proposed staff in providing similar services. 4. The firm's demonstrated ability to deliver work on time and within budget. 5. The extent of involvement by key personnel. 6. The extent to which previous clients have found the firm's services acceptable. 7. The firm's most significant qualifications for this proposal. 8. Previous City experience with the proposing firm, if any. 9. Acceptability of the firm s retainer proposal. 10. Communication skills. 11. Costs of services. 12. Other qualifications/criteria, as deemed appropriate by the City Council. SECTION VII TERMS AND CONDITIONS A. The City of Orono reserves the right to cancel or amend the request for proposals at anytime. The City of Orono reserves the right to determine the successful respondent. The City of Orono reserves the right to reject any or all proposals. B. The City of Orono will not be liable for any costs incurred by the firm responding to this request. C. A contract will be executed between the successful respondent and the City of Orono. It is anticipated that the successful firm's proposal and the specifications of this request, including the Terms and Conditions set forth herein, will be incorporated in the contract. 4

5 D. The firm shall not assign any interest in this proposal and shall not transfer any interest in the same without the prior written consent of the City of Orono. E. For the purposes of this agreement, the consultant shall be deemed to be an independent contractor, and not an employee of the organization. Any and all agents, servants, or employees of the firm or other persons, while engaged in the performance of any work or services required to be performed by the City of Orono under this agreement, shall not be considered employees of the City of Orono and any and all actions which arise as a consequence of any act or omission on the part of the firm, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the City of Orono. The consultant, its agents, servants, or employees shall be entitled to none of the rights, privileges, or benefits of organization employees except as otherwise may be stated herein. F. No official or employee of the City of Orono who exercises any responsibilities in the review, approval or carrying out of the proposal shall participate in any decision which affects his or her direct or indirect personal or financial interest. G. The consultant further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the firm's performance of the provisions of this agreement. H. If, for any reason, in the City s sole opinion, the firm shall fail to fulfill in timely and proper manner the obligations under the contract, the City of Orono shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the firm at least thirty (30) calendar days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. I. The contract will require that the individual or law firm selected maintain general liability, malpractice, automobile, worker s compensation and errors and omissions insurance. 5