REQUEST FOR PROPOSALS COUNTY COUNSEL SERVICES. For BUTLER COUNTY, KANSAS. Closing Date: September 27, 2013, 5:00 PM

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1 REQUEST FOR PROPOSALS COUNTY COUNSEL SERVICES For BUTLER COUNTY, KANSAS Closing Date: September 27, 2013, 5:00 PM I. Introduction Butler County is requesting proposals from attorneys at law to provide County Counsel legal services to the Board of County Commissioners, the County Administrator, Elected Officials and Department Heads. These services are provided on an occasional, as needed basis. In recent years, the County Counselor has provided between 100 and 150 billable hours of service annually. This includes attendance at County Commission meetings or Executive Sessions 8-10 times per year, plus review or drafting of contracts, providing legal advice, and other activities as outlined in the Scope of Work below. II. Scope of Work The County intends to select a qualified attorney or attorneys to provide the following services: A. Performance of statutory duties as defined by K.S.A ; B. Advise all County officials on matters relating to County business; C. Advise the County Commission and officials on KOMA and KORA requirements and guidelines; D. Prepare and/or review resolutions, contracts, agreements, leases, deeds and other related documents; E. Represent the County in litigation including cased before the District Court, the Kansas Supreme Court, the Kansas Court of Appeals, Court of Tax Appeals, Bankruptcy Court and civil proceedings not covered by County insurance; F. Represent (or assist as appropriate) the County in land use hearings before the Planning Commission and County Board of Commissioners;

2 G. Attend County Board, Planning Commission, County staff and/or department head meetings and other meetings, as requested. (County Board meets weekly on Mondays and Tuesdays); H. Monitor current special district, county, state and federal legislation and/or litigation as such may relate to the County and advise County officials thereof; I. Provide legal opinions on matters relating to County activities; J. Participate in the development of staff recommendations for action by the Board of County Commissioners, or other commissions or boards; K. Advise and participate in code enforcement activities; L. Make recommendations for updating existing resolutions and other policies and practices; M. Represent the County in intergovernmental relations as appropriate; N. Maintain appropriate records and files; O. Assist in the preparation of findings of fact as appropriate; P. Administer and coordinate special district formations, annexations and dissolutions; Q. Act as a liaison with County Bond counsel; R. Act as a liaison with County s insurance provider regarding claims; S. Represent County service districts; T. Service as legal advisor to the Board of Commissioners, County Administrator, Department heads and Human Resources on labor relations and personnel issues; U. Perform related duties as necessary. III. General Provisions of Agreement The services will be provided on a contractual basis with the following provisions: A. Four year agreement, terminating with 30-day s notice from either party; renewable for an additional four years. B. Files are the property of the County and some documents may be subject to the open records law.

3 C. The attorney or attorneys will provide County with copies of work product, including but not limited to, Codes; Resolutions; Policies; and Agreements, in electronic/ms Word-format as well as hard copy at the request of County. D. The attorney or attorneys selected will provide the County with sufficient time and staff to perform required services including legal advice, documents preparation and review, litigation and labor representation. E. The attorney or attorneys selected will work with the County Commission and County Administrator in performance of services. IV. Qualifications The proposals will be reviewed and the selection made by the County Board of Commissioners. Selection will be on the basis of the following equally weighted criteria; A. Each attorney in the proposed team must possess a Juris Doctorate degree, have graduated from a law school accredited by the American Bar Association, and must be a member in good standing with the Kansas State Bar Association. B. Knowledge of general municipal law, contract law, land use law, Kansas Public Employees labor law and Kansas law governing counties. C. Experience as a practicing attorney at law with experience in labor law, land use and municipal law. D. Ability to perform in a timely and thorough manner and ability to interact well with the Board of County Commissioners, County staff, and citizens. V. Proposal Requirements Proposals may be submitted to provide ALL requested legal services OR to provide legal services in SPECIFIC AREAS only such as labor law, land use or municipal law. Proposals from individual or from groups of attorneys will be considered. As a minimum, the proposal in letter form should include the following information: A. An overall introduction to the to the proposal, including a statement of your understanding of the scope of work; B. Qualifications of lead attorney and/or team and of your support staff (include number of staff) to perform the work with a list of clients for whom you have provided similar services in the recent past;

4 C. Amount of time you would be available on-site at Butler County offices if requested; D. Your office location or locations; E. Qualifications of legal backup that would be provided in the event of your absence or unavailability; F. Hourly rates and/or retainer fees, plus additional anticipated costs, should you chose to include in billing for such proposal. VI. Submission Requirements Each attorney or group of attorneys wishing to respond to this request should present seven copies of completed and signed copies of the proposal to the Butler County Administrator s Office, no later than 5:00 p.m., September 27, 2013 at the following address; Dan Woydziak, Chair Legal Services Proposal 205 W. Central, 4 th Floor El Dorado, KS 6042 VII. Selection Schedule & Process Review of the proposals will be completed by October 15, 2013 and the contract awarded thereafter. The selection will be based on the qualifications of the individual or firm specifically those with experience in local government law. The Commission will consider other factors as well in the selection process and cost of services will be negotiated between the parties as part of the selection process. VIII. Limitations In addition to all other rights granted to it under Kansas law, Butler County reserves the right to waive formalities in the proposal process, to accept or reject any or all proposals received as a result of this request, to negotiate with qualified attorneys, or to cancel, in part or in its entirety, the request for proposals if it is in the best interest of the County to do so. Butler County also reserves the right to negotiate separately with any Proposer whatsoever, in any manner necessary to serve the best interests of the County. The request for proposals does not commit the County to pay any costs incurred in the preparation of a proposal. IX. General Information

5 Please contact Will Johnson, County Administrator at (316) for further information. X. Representation By making a proposal each Proposer represents that the Proposer has read and understands the Request for Proposal (RFP) documents and a is familiar with the locales, conditions and circumstances under which the work is to be performed. Proposer further represents that Proposer does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap, financial ability, age, or other non-job related factors.