REQUEST FOR QUALIFICATIONS FOR OUTSIDE LEGAL SERVICES FOR THE CITY OF SCOTTSDALE

Transcription

1 Bruce Washburn City Attorney s Office PHONE N. Drinkwater Blvd. FAX Scottsdale, AZ WEB REQUEST FOR QUALIFICATIONS FOR OUTSIDE LEGAL SERVICES FOR THE CITY OF SCOTTSDALE The City Attorney of the City of Scottsdale is requesting detailed information concerning the qualifications of law firms or attorneys willing to provide legal services to the Risk Management Department of the Finance and Accounting Division of the City of Scottsdale. The Risk Management Department, with the concurrence of the City Attorney, will select and contract with outside counsel on an as-needed basis to handle litigation involving the following substantive issues: personal injury, employment, construction, road design, police liability, general municipal liability, water and wastewater, civil appeals, fire services, and worker s compensation. The City Attorney intends to establish a list of qualified attorneys or law firms from which outside counsel will be selected to provide legal services on an as needed, case-by-case or matter-bymatter basis. Responses must contain all information and be received no later than 5:00 p.m., November 21, The Request for Qualifications can be obtained either by contacting Kim Lank at the City Attorney s Office, (480) , klank@scottsdaleaz.gov, or by going to Scottsdale Risk Management s website at Interested firms and individuals are invited to obtain a copy of the Request for Qualifications, and to submit an original and two (2) copies of their response to the City Attorney's Office, including one (1) firm brochure, if applicable. Response and any inquiries concerning the Request for Qualifications should be directed to: City Attorney's Office 3939 N. Drinkwater Boulevard Scottsdale, Arizona (480) Attn.: Bruce Washburn

2 CITY ATTORNEY S OFFICE OUTSIDE LEGAL SERVICES REQUEST FOR QUALIFICATIONS 1. Scope of Representation Outside legal services will be used on an as needed, case-by-case, or matter-bymatter assignment method in the area of litigation, including, but not limited to, disputes involving construction, water and wastewater, civil appeals, general municipal liability, personal injury, employment, police liability, road design, re-development, fire services, worker s compensation, and related matters. 2. Requested Information Respondents are requested to provide general background information with respect to the law firm and attorneys with special focus on the area(s) of activity in which representation is sought. The response should indicate the size and experience of the firm in these specific areas. Please provide two (2) copies of the response. A firm brochure should also be provided. In addition, the response must indicate the following: (1) number of attorneys in the firm with relevant experience; (2) the name of each such attorney along with number of years of relevant experience in the specified areas of litigation; (3) a statement of the percentage of practice of each qualified attorney devoted to the litigation of the issues listed above; (4) the partner/senior shareholder in charge of the area(s) for which representation is sought; (5) the names of the responsible individuals who will be assigned to each area as senior attorneys; (6) names of other government clients for whom each qualified attorney has been retained to do litigation in the relevant substantive area(s); (7) a description of the nature and scope of specific projects handled by each qualified attorney, or other significant matters that may be relevant to representation of the City of Scottsdale in such disputes; and (8) an agreement not to engage in litigation against the City or represent clients that have interests that are directly adverse to the City without first informing the City Attorney and obtaining written permission from the City to do so. 3. Fee Structure Respondents should provide the following rate information: Hourly Rate Senior Partner/Shareholder $ Senior Associate $ Junior Associate $ Paralegal $ Specialized Paralegal $ Other $ Page 1 of 5

3 The hourly rate quoted shall include all salary and compensation, and all overhead expenses, profits and other employee costs, including but not limited to clerical and word processing expenses. Respondents must indicate what expenses they propose to bill in addition to the legal fees, and the basis for the charges for such expenses. costs. The contract will provide for usual and customary reimbursement of third party 4. Insurance Requirements Respondents will be expected to have in place at the time of execution of any contract liability insurance naming the City of Scottsdale as a covered party with a carrier satisfactory to the City of Scottsdale in amounts and of the type set forth below: Required Insurance Minimum Liability of Liability Workers' Compensation Statutory - $500,000 Employers Liability Commercial General Liability (the policy shall be primary and include coverage for bodily injury, broad form property damage, personal injury, product/completed operations, and blanket contractual.) Automobile Liability Professional Liability $1,000,000 per each claim with a $1,000,000 General Aggregate Limit. $1,000,000 per occurrence $1,000,000 each claim and $1,000,000 all claims 5. Representation in Matters Involving the City and Conflicts of Interest The contract entered into will prohibit any law firm or attorney executing the contract from engaging in or carrying on any legal activity on behalf of any client which is in any way directly adverse to the City of Scottsdale or its interests, without the specific written consent and waiver of the City Attorney. 6. General City Provisions The contract will further contain general City provisions as required by law. These will include provisions relating to auditing, fiscal year billing requirements, termination provisions, applicable state and federal statutes, etc. Page 2 of 5

4 7. Selection Process; Contract Length Responses will be evaluated by a selection committee established by the City Attorney. The selection committee will develop a list of legal counsel based upon the responses to this Request for Qualifications. Price will not be the controlling factor in making a selection but will be given due consideration. A low bidder is not entitled to be selected solely because of the submission of the low bid or price quotation. Specific firms and individual attorneys will be selected from the list for execution of a contract as the need for legal services occurs or in anticipation of the need for such services. With the approval of the City Attorney and in some instances the City Council, contracts will be executed with selected firms or individuals. The execution of a contract will not guarantee that any case or any particular number of cases will be assigned to outside counsel, this being a decision to be made by the City Attorney on case-by-case or matter-by-matter basis. Contracts will remain in effect for a one-year period with four (4) one-year extension options from the date of execution thereof unless sooner terminated on ten (10) days' notice, or subsequently renewed and, therefore, fee structures should take this time period into account. 8. Respondent s Personnel The City will reserve the right to designate a specific attorney(s) in a contracting law firm to work on specific cases, as lead counsel and/or as associate lead counsel for the services rendered pursuant to any contract. 9. Advertising and Promotion The name of the City of Scottsdale shall not be used in any advertising or other promotion context by a contracting firm or attorney without prior written approval of the City Attorney. 10. Assignment A contracting firm or attorney shall not assign the rights, or delegate the duties, or otherwise dispose of any right, title or interest in all or any part of any contract, or assign any monies due or to become due to such firm or attorney without the prior written consent of the City. 11. Termination The City shall have the right to terminate any contract in whole or in part at any time and without penalty or further obligation. The contracting firm or attorney will be paid at a rate equal to the agreed compensation for requested legal services rendered and reimbursed for authorized expenses actually incurred in rendering such services as of the date of such termination. Such payment for services already completed shall be the total compensation due to such firm or attorney for termination. Page 3 of 5

5 12. Accounting and Auditing A contracting firm or attorney will agree that the City or its duly authorized representatives shall have access to and the right to examine any books, documents, papers, records and other evidence reflecting all time charges, compensation and costs billed under any contract. The materials described herein shall be made available at the office of a contracting firm or attorney at any reasonable time for inspection, audit or reproduction until the expiration of three (3) years from the date of final payment under the contract. 13. Fiscal Year The City's fiscal year begins July 1 and ends June 30 of each calendar year. The City may only make payment for services rendered or costs incurred during a fiscal year for a period of twenty-one (21) days immediately following the close of the fiscal year, under the provisions of A.R.S Billings for services performed or costs incurred prior to the close of a fiscal year must be submitted within ample time to allow payment within this twenty-one (21) day period. 14. Response Required Each Respondent is required to respond specifically to the request for Scope of Representation, Firm Data and Information and Fee structure. 15. Confidentiality of Proposal Information and Waiver Each Respondent specifically and categorically agrees that, as a pre-condition for the opening and review of the proposal submitted by each Respondent, that the information relating to fees and fee structures submitted by every other respondent is confidential and proprietary information insofar as such Respondent is concerned, and each Respondent waives any right under the Arizona Public Records Law, A.R.S et seq. or any other statutory or common law right to request or receive such information from the City or any other Respondent. Each Respondent recognizes that such information may be considered not subject to confidential and/or proprietary protection with respect to a Public Records request made to the City any person or entity not a Respondent to this request, and that any and all such information may be subject to disclosure. Each Respondent is further advised that all the terms and conditions, including fees and fee structures, forming part of any agreement entered into shall, upon such agreement being executed, become a public record of the City and subject to full disclosure, and each Respondent waives any right to object to any such disclosure. Page 4 of 5

6 16. City s Reservation of Rights This Request for Qualifications does not commit the City to enter into any agreement or contract, or pay any costs associated with the preparation or submittal of a response by any Respondent. The City reserves the right to enter into agreements for legal services with persons or firms not responding to this proposal, or to continue or extend present agreements with persons or firms who do not respond. The City further reserves the right to waive responses to any port of this request if, in its sole judgment, it determines that it is in the best interests of the City so to do. The City may require any Respondent to participate in negotiations, and to submit such other information as it may deem necessary. The City reserves the right to have varying requirements, or to agree to varying waivers for different Respondents as shall fit the City's needs. All legal services providers will be required to enter into a written contract outlining such terms as may be required by the City Attorney. Page 5 of 5