Agenda Cover Memorandum

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1 Agenda Cover Memorandum Meeting Date: September 22, 2014 Meeting Type: COW (Committee of the Whole) City Council Budget Workshop Item Title: Authorize the City Manager to post an RFQ and Job Posting for City Attorney Action Requested: Approval For discussion Feedback requested For your information Staff Contact: Shawn Hamilton, City Manager w/ Jim McGuire, Procurement Agent & Mike Suppan, HR Manager Phone Number: Address: Information: I presented information at the August COW regarding the selection process of a City Attorney. The City Attorney is one of two positions appointed directly by the City Council (City Manager is the other). The City s current firm, Klein, Thorpe & Jenkins, Ltd., is renewed annually on May 1. At the August COW, a set of questions was presented from staff. Along with answering some formatting questions regarding the documents, I was seeking consensus on whether or not the Council wanted to move forward with posting of an RFQ and / or Job Posting for City Attorney. The Procurement Officer, HR Manager, and I collaborated on the documents that are attached. The Committee determined that they wanted both the RFQ and Job Description to be drafted. If the Committee does not wish to move forward with either of these options, they would need to give me that direction. The Procurement Officer collected the feedback and consensus from the August COW and drafted the attached RFQ. The HR Manager drafted the attached job description. At the August COW, the Committee determined that a screening group (Mayor Schmidt, Alderman Milissis, City Manager Hamilton, CP&D Director Testin, Finance Director TBD, with Alderman Sweeney backup) would review and score the submittals. The screening group would rank the submittals and bring that list to the COW for further action. Here is a proposed set of steps for the Request for Qualifications (RFQ) process: 1. Develop the RFQ including determining scorecard criteria; 2. Select RFQ evaluation team; 3. RFQ is issued via newspaper ad and direct contact (by US Mail); 4. Quiet Period is maintained; 5. All questions are submitted in writing and answered via addendum by the Purchasing Agent; 6. RFQ submittals are received by City deadline; 7. Ensure fair and equitable treatment of all submittals; 8. RFQ team reviews list of respondents for potential Conflict of Interest; 9. Scorecard process is agreed on; 10. RFQ team reads each proposal to evaluate against the scorecard criteria; Rev 03/01/2013

2 Agenda Cover Memorandum (Cont.) 11. Clarification of submittals are processed as needed; 12. Complete an evaluation form for each submittal; 13. Purchasing Agent scores financials; RFQ team scores other content; 14. Final scoring and ranking is generated; RFQ evaluation team reviews and certifies final scoring; 15. Select City Interview Team; 16. City Interview Team reviews interviewees for potential Conflict of Interest; 17. City Interview Team meets with top scorer to confirm commitment and determine whether or not to proceed (this meeting/interview is not scored); 18. RFQ results and recommendation are submitted to City Council; 19. Award is made by City Council. I am seeking approval to post both the RFQ and job posting. Recommendation: Authorize the City Manager to post an RFQ and Job Posting for City Attorney Attachments: RFQ City Attorney Job Description City Attorney Memorandum from 8/25/2014 COW Page 2 of 2

3 2.0 SCOPE OF SERVICES 2.01 OBJECTIVE The City of Park Ridge is seeking the services of a municipal attorney or attorneys to fulfill the duties and responsibilities described in this Request for Qualifications (RFQ) for the City Attorney position. The City is inviting individual attorneys, or firms, to respond to this RFQ for the purpose of providing the City with the needed legal services listed in the request BACKGROUND The City, incorporated in 1910, is a Home Rule Municipality located entirely within Cook County. The City Attorney is one of two positions appointed directly by the City Council (City Manager is the other). The duties of the City Attorney are defined in the City of Park Ridge Municipal Code Article 3 Chapter GENERAL MUNICIPAL LEGAL COUNSEL The City Attorney is the chief legal officer of the City and is responsible to the City Council for the proper administration and coordination of all City legal affairs. The City Attorney duties and responsibilities include: Preparing and/or reviewing all City ordinances, resolutions, contracts, and other legal documents; Attending City Council (regular meetings are the first and third Mondays at 7:00pm), Committee of the Whole, and other meetings; Conducting legal research and renders opinions on a variety of City issues, including the following areas: CORE a. land use and development, including zoning b. legal aspects of managing city functions such as police, fire, taxation, etc. c. home rule government d. municipal ordinance review and drafting of resolutions e. administrative hearings and adjudications f. water, storm water, electric utilities, and franchises g. employment matters h. compliance with open meetings and records laws i. review and approval of goods, services, and inter-agency agreements ANCILLARY a. public finance b. elections c. annexation, and condemnation d. construction e. economic development f. municipal court prosecution and operations g. litigation h. ethics and conflict of interest matters i. property acquisition j. defense of tax appeals of real property; City Attorney Selection RFQ Page 1

4 Providing legal advice to City officials and employees. The retainer has required attendance at all regular City Council meetings and up to eight additional meetings per year. The retainer also provides eight (8) hours per week for direct legal services for City Council and City staff. 3.0 SUBMISSION AND CRITERIA 3.1 SUBMITTAL FORMAT Qualified attorneys interested in performing the work described in this RFQ are asked to provide the following information presented in a clear, comprehensive, and concise manner, illustrating the attorney s capabilities and legal expertise: 1) Introductory Letter Content at discretion of bidder; 2) General Firm Qualifications Provide a statement that portrays the attorney firm s qualifications in relation to the Scope of Services. The response should include the following: a) A summary of the attorney firm s general qualifications including specific disciplines represented that are applicable to the proposed work, number of employees, office locations, etc.; b) An outline of the attorney firm s depth and breadth to carry out the scope and the extent of the work required, especially that of the lead attorney; c) A description of the attorney firm s capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and to operate in an effective and efficient manner, including that of the lead attorney committed for the term of the agreement; d) Areas of expertise, such as land use and development, including zoning; e) Total attorney time required for anticipated workload (i.e. are multiple attorneys used for the same meetings possibly increasing costs, etc.) f) Communication skills - Interaction with City Council, staff, and providers; 4) Rate table for attorney and staff time by the hour, including rates for expenses such as travel; 5) Total annual retainer (fixed fee) cost - based on the following: a) Attending twenty-three (23) regular City Council meetings; b) Attending ten (10) other meetings, as directed; c) Providing on-site direct legal services for City Council and staff for eight (10) hours per week; d) Conducting administrative hearings and adjudications for approximately eight (8) hours per month); e) Totaling of items a), b), c), and d) in dollars. 6) List of five (5) municipal references, including contact information 7) Supplemental Information (optional) Content at discretion of bidder. City Attorney Selection RFQ Page 2

5 3.02 EVALUALTION CRITERIA The following scorecard will be used as part of the selection process: CRITERIA POINTS Introductory Letter 0 General Firm Qualifications 20 Lead Attorney Experience 30 Key Qualifications 20 Municipal Client References Total Annual Retainer Cost REQUEST FOR MORE INFORMATION It is the intent of the City to make selections from the submitted proposals. If needed, more information may be requested to fully and accurately evaluate the proposals. Interviews of selected firms may be held at the City s option for informational purposes only and will not be scored. City Attorney Selection RFQ Page 3

6 POSITION DESCRIPTION Class Title: Attorney Department: Administration Reports To: City Manager Management Exempt Date Established: October 1, 2014 Date Revised: GENERAL SUMMARY Performs professional legal work, including Federal and State civil litigation (trial and appellate), prosecution of ordinance violations, administrative hearings, real estate matters, procurement, employee relations, legal research and various areas of municipal law including civil rights, land use, code enforcement, licensing and administrative law. Represents the City at the direction of the City Manager. SUPERVISION EXERCISED Exercises supervision over paralegal, legal secretaries and law clerks assigned to the Legal Department either directly or through subordinate supervisors. SUPERVISION RECEIVED This position derives its authority and reports to the Corporation Counsel. ESSENTIAL DUTIES AND RESPONSIBILITIES Prepares and tries civil cases; Prepares and tries administrative adjudications; Prepares and tries ordinance violation cases; Prepares and tries condemnation cases; Evaluates and prosecutes appeals; Provides advice on legal issues to City elected officials and other employees; Provides legal counsel to City officials; Provides legal opinions on land use, development and zoning; Provides legal opinions to comply with open meeting and records laws; Provides legal opinions regarding water, storm water, electric utilities and franchises; Provides and prepares legal opinions on various relevant issues to the City; Handles City real estate transactions; Reviews bids, contracts, agreements, bonds and legal forms for City contracts and procurement; Prepares ordinances, resolutions and administrative procedures; Prepares confidential correspondence pertaining to discipline, labor relations, promotions, transfers, suspensions, discharges and grievances. May represent or as a team member participate in collective bargaining negotiations and related proceedings; Performs other related duties as required.

7 MINIMUM QUALIFICATIONS Education and Experience: A. Graduation from a recognized school of law, preferably with a specialization or emphasis in municipal and administrative law; B. Admission to the bar of the State of Illinois and the United States District Court for the Northern District of Illinois; Necessary Knowledge, Skills and Abilities: A. Good knowledge of judicial procedures and rules of evidence; B. Good knowledge of City ordinances, State, Federal and general municipal law including accepted legal or court interpretations; C. Good knowledge of the organization, functions and legal limitations on the authority of the various City departments; D. Good knowledge of the principles of civil law; E. Good knowledge of criminal law and the problems of criminal enforcement, procedures and evidence; F. Good knowledge of what can be accomplished by legal approaches what must be done by administrative approaches and how the two must be balanced to achieve the intent of city departments and to protect the public interests; G. Ability to analyze, appraise and organize facts, evidence and precedents and to present such materials effectively, orally and in writing; H. Ability to determine the limits of action available to opponents in court cases, ability to present and argue cases in court, dealing smoothly with unanticipated situations when these arise; I. Ability to establish and maintain effective relations with employees, court officials, City officials and the general public; J. Ability to negotiate settlements; K. Ability to observe and train new attorneys in the research and preparation of municipal work and in trial work; L. Good judgment; M. The physical skills necessary to perform the duties of the position; N. Ability to communicate effectively both orally and in writing; O. Any equivalent combination of experience and training which provides the required knowledge, skill and ability; SPECIAL REQUIREMENTS A license to practice law in Illinois A valid State of Illinois driver's license TOOLS AND EQUIPMENT USED Requires frequent use of personal computer, including word processing and spreadsheet programs; calculator, telephone, copy machine, fax machine and any other tools of the profession which may come into common use or be necessary to perform needed tasks. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

8 While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to drive a motor vehicle. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, the ability to adjust focus and the ability to drive. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderately quiet. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: Human Resources Manager City Manager H:\Class Specs\Corporation Counsel(Attorney) other cities and villages\attorney Job Description.docx

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