02-15-2000 - Requests for Proposals (RFP) for City and Redevelopment Agency (RDA) AttorneysMemorwidum
AGENDA
TO: City Manager and City Council ITEM NO. J- 1p
DATE 2-15-00
FROM: Artie Fields, Assistant City Manager
SUBJECT: REQUESTS FOR PROPOSALS (RFP) FOR CITY AND
REDEVELOPMENT AGENCY (RDA) ATTORNEYS
SUMMARY: The City Council has directed staff to prepare an RFP for City and RDA
Attorneys. The proposed RF.Ps, are attached fbr� City Council review and
approval.
BACKGROUND:
On February 9, 2000 the City Council accepted the resignations of the City Attorney and RDA
Attorney. Asa result, the City Council appointed Colin Lennard, Deputy City Attomeyj�i to serve
as the City Attorney for a period not to exceed 45 days. It is now necessary that the City begin the
process . of selecting a permanent City Attorney and RDA Attorney to commence woik upon
conclusion of the temporary assignment by the Interim City Attorney. -
According to Collin Len.nard, Interim City Attorney, the City Council is required to execute a
contract for professional services; however, the City Council is not bound to take the lowest
responsible bidder.
In addition, Collin Lennard has advised the City that the. pract I ice of going through a solicitation for
services process is consistent with the practice of all other cities that secure legal services.
DISCUSSION:
Staff reviewed a number of RFPs from local cities and from the League of California, Cities.
After carefully reviewing each RFP for thoroughness and applicability to the City �,of West
Covina, staff determined that an. RFP provided by the League of California Cities would be the
most appropriate.
The RFP provided by the League of California Cities was amended slightly to include�', specific
references to the City of West Covina community and organizational structure. The"' RFP is
presented in six sections and include:. 1), Background, 2) Qualifications, 3) Compensation and
Reimbursement, 4) Current Practices/Conflict of Interest, 5) Professional Referencesl,� and. 6)
Evaluation and Selection Process. Each of the proposed sections is presented for City��Council
review, discussion and approval.
Staff was unclear at the time of writing this report if the City Council wanted one RFP tO address
both attorney positions or if each position should be recruited for by 'a separate RFP., Therefore,
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staff has presented three RFPIS: 1) City Attorne and General Legal Counsel, 2) City atorney,
I y
General Legal Counsel and Redevelopment Attorney, and 3) Redevelopment Attorney..
If the C ity Council should approve the RFP�s) on' February 14, 2000, the suggested deadline for
submittal of the completed responses would be February 28,2000 at 5:00 m.
p
The proposed time -line is as follows:
February 15 ................................. Direction from City Council
February 16 ................................ Prepare Approved RFP
February 17 ............................... Mail RFP's to firms (provided by Colin Lennard)
February 28 ..................... ! ......... RFP dud date by 5:00 p.m. (No post marks'
February 28 to March 3 ......... Review of RFP's by Sub -committee
March 6 to 10 ......... ..................... Interviews
March 13 to 1.5 .... .............. Background reference checks/
Draft recommendations to City Council i�
March 16 ................................. Complete staff report for Maich 21 City.Council
meeting
March 21 ................................. City Council review and appointment of Attorneys
City and RDA Attomey RFP
February 15, 1999 — Page 2
FISCAL IMPACT. -
The compensation rates for the former City and RDA Attorneys were as follows:
City Attorney/ Legal Services
CO
ity of West Covina
1�equest for Proposals
City Attorney/Legal Services
The City Council of the City of West Covina invites interested legal firms to submit written
proposals to provide legal services for the C ity of West Covina'. The Council is seeking a law
finn-that can provide an individual associated with the firm to serve as City Attorney for the City
of West Covina;,as well as provide diverse legal services to the City organization.
Submittal Guidelines
Eight complete copies of each proposal shall be submitted in a. sealed envelope bearing the
caption: "City of West Covina — City'Attorney Proposal" and addressed to:
Artie Fields
Assistant City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Proposals may be filed in person at the City Manager's office or by mail, but must in any case be
received in - the City, Manager's office by 5:00 p.m. on Monday, - February 28, 2000. Late
proposals or postmarks will not be. accepted. All proposals received wil1be confidential and will
be retained by the City of West Covina.
The City Council reserves the right to reject all proposals, to request additional. information
concerning any proposals for purposes of clarification, to accept or negotiate any modification to
any proposal, following the deadline for receipt of all proposals, and to waive any irregularities,
if such would serve the best interest of the City, as determined by the City Council.
All inquiries regarding this Request for Proposals and current legal services of the City should be
directed to Artie Fields, Assistant City Manager at the above address or by telephone at (626)
814-8401.
Backp-round
-Incorporated in 1923, West Covina is located approximately 20 miles..east of Los Angeles. The
City is 17 square miles in area and has apopulation of approximately 106,000. West Covina is a'
residential and commercial center with limited industry. Retail merchandising is the principal
business activity.
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City Attorney/ Legal Services
The City operates under the council-manager form of govermnlent with a five -member city -
council. City Council Members are elected t6four-year overlapping terms on an at -large basis.
Annually, the City Council selects one of its members to serve as Mayor. The City Council is
the legislative body responsible for overall policy development and direction of the City. The
City Council also serves as the Board of Directors of the Redevelopment Agency and,the West
Covina Public Finance Authority. - In addition, the City has five citizen commissions whose
members are appointed by the City Council.
The City Council appoints the City Manager, who serves as the executive officer and. is
responsible for the.daya-to-day, operations of the City. The City, Manager's executive staff
include: the Assistant City Manager and department heads for Public Services, Fire, Police,
Community Services, Finance, Personnel, Environmental Management, City Clerk and the
Redevelopment Agency. The City Council also appoints the City Attorney and contracts with
that individual's firm for legal services.
West Covina i,s,a full,service city providing police, fire,.public works, parks and recreation,
engineering, planning,, redevelopment and economic development,' some transit, various
environmental management services, as well as. all of the traditional internal management
support functions. The City has a current budget of $76.5 million, and a full-time. staff of
approximately 414.
Requested Information
PLEASE NOTE: All proposals must provide specific and succinct answers to all
. — questions and
requests 'for information. Indirect, imprecise, or incomplete response . s can serve only to the
disadvantage of the applicant. (Submissions. of individual resumes are optional and alone will.
not be considered responsive to any specific question.)
1. Please describe your firm's qualifications� for providing City legal services (Note: Prior
experience, as a municipal attorney is not required.) Include in your response:
A. The overall capabilities, qualificati ons, training, and areas of expertise for each of the
partners/principals and.associates, including.but not limited to:
Name of individual;
Length of employment with firm;
Specialization;
Legal training;
Scholastic honors and professional affiliations;
0 Date of admittance to California Bar;
* Years of practice;
* Municipal or other local public sector experience;
e Knowledge - of, and experience with Califbmia Municipal Law and
Redevelopment Law;
Years and statement of other types of clientele represented;
z:agreements/City of West Covina - RFP for Legal Services/021000
3.
City Attorney/ Legal Services
Litigation experience and track record;
Knowledge and practice of law relating to land use -and planning, CEQA, NEPA,
general plans, real estate,, environmental issues, hazardous waste and other related
law;
9 Experience in 'the area of personnel, workers' compensation.. and employee
relations;
o Experience in the area of contracts and franchises;
Experience in the preparation and review of ordinances and resolutions;
Experience in the area of the Public Records Act, the Brown Act, and the
'Elections Code;
If the firm, or any of the attorneys employed by the firm, have ever been
successfully sued for -malpractice, been the subject of complaints filed with the
State Bar, or had discipline imposed by the State Bar, please provide information
on the nature of the incident, the dates on which the matter began and was
concluded, and the results of the situation.
Specify the individual that you propose for appointment as City Attorney and reasons
for recommendation.
C. Specify the individual(s), if any, that you would propose as Assistant or Deputy City
Attorneys and/or who would be designated as competent, substitute/backup legal
representation for the City in the event of the absence or unavailability of the City
Attorney..
D. Describe how, you would structure the working. relationship between the City
Attorney and the City Council, City Manager, Departnient Heads, City Commissions,
and other members -of staff.
Specify intended office location and accessibility to the City's needs: including
proposal for hours and day(s) of week for regular established office'hours at City
Hall.'
F. Describe systems/mechanikns that would be established to ensure timeliness of
City Council and City staff.
response to
G. Define the standard time frames for response by the City Attorney to direction andJor
inquiry from the City Council or City Manager.
H. Describe systems/mechanisms that would be established for monthly reporting of
status of projects, reques ts, and litigation-...
I. Describe process for transmittal of requests and other material to City Attorney.
J. Describe the staffing of your office including all permanent and temporary employees
and their general duties and work schedules. Include any, changes you would propose
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City Attomey/ Legal Services
should you be awarded a contract to provide legal services to the City of West Covina
or that you anticipate for any reason in the near future.
K. Describe your preference f6r method of. payment and your procedure for billing of
extra hours and expenses and any other accounting requirements.
L. It is anticipated that the City will contractually require monthly-ite.mized statements
for all services and will subject these statements. to audit at least annually. Describe
how you would provide for. this reporting.
M. Describe the computer resources currently utilized within you office. The City of
West Covina will require the City Attorney to utilize Microsoft Word for Windows
word-processing software (version, 6.0 or later as used, throughout the City
organization) for all correspondence. The City will also require the City Attorney s
office to connect one or mo ' re computers to the City's computer local area network, or
to maintain Internet. services such that mail and files can be, transmitted between City
staff and the City Attorney..
..N. The City of West Covina will require the firm with which a contract is established,
prior to commencement of work, to provide evidence of appropriate professional
liability insurance, errors and omissions insurance, and workers compensation
insurance coverage as needed. Describe how you would provide same and in what
coverage amounts.
Such coverage must be provided by an insurance company(ies) authorized to do
business in the State of California., Certificates must name-the'City of West Covina
as an Additional Insured and shall. provide that contractor's policy is primary over any
'in surance carried by the City of West Covina and that the policy will not be cancelled
or materially, changed without thirty (30) days prior notice in writing to,the City of
West Covina. The successful firmmust agree, -if awarded a contract as a result of its.
proposal, to indemnify and hold harmless the City of West Covina, its officers,
agents, and employees from any and all claims and losses. accruing or resulting to
persons engaged in the work contemplated by its proposal or to.persons who may be
injured or damaged by the firm or its 'agents in the performance of the work.� Prior to
commencement of any work, these and other provisions will be established
contractually.
Compensation and Reimbursement
I . It is anticipated that the City Council will expect the firm to provide a system wherein
basic services are provided under a fixed monthly retainer and additional services billed
at an hourly rate.
A. Basic'services, for the purposes.of this proposal, shall include those legal services
generally understood within the field of municipal law to fall within the category of
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general counsel". work, and shall include, but not necessarily be limited to, the
following:
Attendance at all meetings of the West Covina City Council (including regular
sessions, closed sessions, and as needed work sessions). -Regular sessions are
normally held on the first and. third Tuesday of each month;
Attendance, as needed and as directed by the City Council or City Manager, at
certain meetings of the Planning Commission, other City committees or
commissions;
'Review and/or preparation of ordinances, resolutions, orders, agreements iorms,
notices, declarations, certificates, deeds, leases, and other documents required by
the City;
Consultation with Council Members and City staff as ne , eded - rendering of legal
advice and opinions concerning legal 'matters that affect the City, including new
legislation and court decisions. Perform research and interpret laws� court
decisions and other legal authorities in order to prepare legal opinions and to
advise the Council and management staff on legal matters pertaining to City
operations;
Legal work pertaining to property acquisition, property disposal, public
improvements, public rights of way and easements, and matters relating to public
utilities.
Coordinate the work of outside legal.counsel as needed a I nd as dire . cted by the
City Council -and City Manager.
e Regularly scheduled office hours in City Hall per week.,
BI. Services on an as -needed basis when directed by the City Council or City Manager.
These special services, anticipated to be provided at a specified hourly rate, include
research, preparation, and follow-through in matters involving.* The law firm selected.
by the City will also be required to furnish special legal litigation affecting the City.
This includes collection of performance bonds on construction contracts, and
pursuing litigation to collect damages due the City. Excluded from special legal
serviceswould be litigation or defenses furnished by a self -insured program (worker
compensation'. liability coverage, etc.), other litigation where the City Council decides
to retain special counsel (including,bond counsel), certain redevelopment work.
outside of Redevelopment Agency Board meetings, or other work for which the City
Council decides to utilize special counsel.
C. Based on the abov please include in your pro osal the following:
e p
Proposed fixed monthly retainer for "basic" services;
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City Attorney/ Legal Services
e Specific services to be included in the category of basic services;
e Proposed hourly rate for additional services;
0 Specific services, to be included. in the category of ."additional" or "special"
services.
D. Please'also include in your proposal.
Proposed terms and conditions for termination of contract by either party. The
City Council wishes to retain the greatest latitude in its abilit� to change attorneys
and/or law firms should that become necessary. -
Important Note: The individual appointed as City Attorney shall serve solely at
the pleasure of the Council. The City Attorney is not a City employee and may be
terminated at any time by the City Council,* With or without cause.
Specific expenses for which firm will claim reimbursement from City, including
type and unit rate (i.e. rate for mileage, reproduction of documents, travel
expenses, conference registration, etc.)
Current Practices/Conflict of Interest -
1 . Please list all current or former clients residing in, having an interest in a business, or
owning an interest in property in the City of West Covina Within the past three years.
(Note: the City Attorney, along with other designated employees and officers, will. be
required to submit Statements of Economic. Interest as.mandated by the Fair Political
Practices Commission.)
2. Please list all public clients for which you or your firm currently provide services, or are
under retainer.
3. For the firm, and or the proposed City Attorney, please specify current or known future
professional commitments in order that the Cit� may evaluate your continuing
availability for providing legal services to the City.
Professional References
Please provide three professional and three personal -references for the individual, recommended
for appointment, as the City Attorney. Include with each, the name, addre ss, and work telephone
number of the reference.
Evaluation and Selection Process
I . All proposals are due by 5:00 p.m. on Monday, February 28, 2000.
z:agreements/City of -West Covina - RFP for Legal Services/021 000
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City Attomey/ Legal Services
2. All proposals shall be submitted to a screening conimittee, the composition of which shall
be�coniprised of a Council Committee and the City Manager. In reviewing the proposals,,
the committee will carefully weigh:
A. Depth and breadth o - f experience and expertise in the practice of law, most
-specifically in those areas m*ost often encountered in municipal government
operations
B. 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.
C. Degree of availability for quick r e*sponse to inquiries that arise out of day-to-day
operating questions or problems.
D.. Degree -to which firm and ind'
ividual attorneys stay current through continued
professional development and active communication with members of the municipal
law field.
E. Communication skills.
F. Backup support-
G.- Cost of services.
-3. Qualifications and references, of the top candidates. based uponi proposal responses will be.
verified.
4. Personal interviews of the� top candidates will be conducted.
The. City Council will then likely appoint a committee of Council Members and City staff
to ne g-otiate the terms and conditions of a contract with the selected party, which must
then be approved by formal Council action.,
6. The formal contract outlining duties and compensation will be entered into with. the
successful firm.
7. The City Council will formally appoint the individual to serve as City Attorney. The
appointed City Attorney is an at -will employee and shall serve at the pleasure of the City
Council. The City'Attomey is not a City employee and the City Council may terminate
the appointment at any time, with or without cause.-
8. Legal services to the City are anticipated to begin -on or shortly after March 21, 2000.
z:agreements/City ofWest Covina - RFP for Legal Services/021000
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City Attorney and Redevelopment Agency Counsel/Legal Services
City/Redevelopment Agency of West Covina
Request for Proposals
City Attorney and Redevelopment Agency Counsel/Legal Services
The City Council/Redevelopment Agency of the City of West Covina invites interested legal
firms to ' submit written proposals to provide legal services for the West Covina
City/Redevelopment Agency. The Council/Board is seeking a law firm that can provide an
individual associated with the firm to serve as.City Attorney f6r the City of West Covina,
Redevelopment Attorney for the West Covina Redevelopment Agency, as well. as provide
diverse legal services to the City organization.
Submittal Guidelines
Eight complete copies of each proposal shall be submitted in a sealed envelope bearing the
caption: "City of West Covina — City Attorney Proposal" and addressed. to:
Artie Fields
Assistant City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Proposals may be filed in person at the City Mainager's office or by mail, but must in any case be
received in -the City Manager's office by 5:00 p.m. on Monday, February 28, 2000. Late
proposals or postmarks will not be accepted. All proposals received will be confidential and will
be retained by the City of West Covina.
The City Council/Board- reserves the right to reject all proposals,, to request additional
information concerning any proposals for purposes of clarification, to accept or negotiate any
modification to any proposal, following the deadline for receipt of all proposals, and to waive
any irregularities, if such would serve the best interest of the City, as determined by the City
Council/Board.
All inquiries regarding this Request for Proposals and current legal services of the City should be
directed to Artie Fields, Assistant City Manager at the above address or by -telephone at (626)
81.4-8401.
Backp-round
Incorporated in 1923, West Covina is located approximately 20 miles east of Los. Angeles. The
City is 17 square miles in area and has a population of approximately 106,000. West Covina is a
z:agreements/City of West Covina - RFP CA,RDA&GLJ-021000 2
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City Attorney and Redevelopment Agency Counsel/Legal Services
residential and commercial center with limited industry. Retail merchandising is- the principal
business activity.
The - City operates under. the council-manager form of government with a five -member City
Council/Board. City Council and Redevelopment Agency Members are elected to four-year
overlapping terms on an at -large basis. Annually, the City Council and Redevelopment. Agency
selects one of its members to serve as Mayor.. The City Council and Redevelopment Agency is
the legislative' body responsible for overall policy development and direction of the City/Agency.
The City Council. and Redevelopment Agency also serves as the Board of Directors of the
Redevelopment Agency and the West Covina Public Finance. Authority. In addition, the
City/Agency has five citizen commissions whose members are appointed by the City Council
and Redevelopment Agency.
The - City Council and Redevelopment Agency appoints the City Manager, who serves as the
executive officer and is responsible for the day-to-day operations of the City/Agency. The City
Manager's, executive staff include: the Assistant City Manager and department heads for'Public
Services, Fire, Police, Community Services, Finance, Personnel, Environmental Management,
City Clerk and the, Redevelopment Agency. The City Council and Redevelopment Agency
appoint.the City and Redevelopment Agency.Attorney and contracts with that individual's firm
-for legal services.
West Covina is a full service city providing police, fire, public works, parks and recreation,
engineering, planning, redevelopment and economic development, some transit, various
environmental management services, as well as.all of the traditional internal management
support functions. The City has a current budget of $76.5 million (including the Redevelopment
Agency's current budget of $29.4 million), and a full-time staff of approximately 414.
The West Covina Redevelopment Agency (Agency) was established by the City Council in 1971
to eliminate blight and vitalize the economic structure of the City. The Agency operates under
the direction of City Council, which serves as the Agency's Board of Directors, and in
accordance with California Community Redevelopment Law and Statutes.
'Pursuant to Redevelopment Law, thd Agency establishes. project areas with the adoption of
redevelopment plans. The Agency works with developers, property owners and private
businesses to develop new projects and rehabilitate and/or expand existing developments. The
public/private joint venture may involve the construction of new infrastructure, the assemblage
of land or alternatives for project financing.
Requested Information
PLEASE NOTE: All proposals must provide specific and succinct answers to all
questions and
requests for information. Indirect, imprecise, or incomplete responses can serve only I to the
disadvantage of the applicant. (Submissions of individual resumes are optional and alone will
not be considered responsive to any specific question.)
z:agreements/City of West Covina - RFP CA,RDA&OU021000
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City Attorney and Redevelopment Agency Counsel/Legal Services
1. Please describe your firm's qualifications for providing City. and Redevelopment Agency
legal services. Include in your response:
A. The overall capabilities, qualifications.. training, and areas of expertise foreach of the
partners/principals and associates, including but not limited to:
Name of individual;
Length of employment with firm;
Specialization;
Legal training;
0 Scholastic honors and professional affiliations;
Date of admittance to California Bar;
Years of practice;
Municipal or other local public sector experience;'
Knowledge of, and experience with California Municipal Law and California
Redevelopment Law-,
0 Years and statement of other types of clientele represented;
e Litigation experience and track record;
Knowledge and practice of law relating to land use and planning, CEQA, NEPA,
'general plans, real estate, environmental issues, hazardous waste and.other related
law;
o Experience in the area of personnel, workers' compensation,- and employee
relations;
o Experience in the area of contracts and franchises;
o Experience in the preparation and review of ordinances, and resolutions;
* Experience in the area of the Public Records Act, the Brown Act, and the
Elections Code;
o If the firm, or any 'of the attorneys � employed by the firm, have ever been
successfully sued for malpractice, been the subject of complaints filed with the
State Bar, or had discipline imposed by the State Bar, please provide information
on the. nature of the incident, ' the. dates on which the matter began and was
concluded, and the results of the situation.
rop e
B. Specify the individual that you,p' os or appointment as City Attorney and
Redevelopment Attorney and reasons forrecommendation'
Specify the individual(s), if any, that you would propose as Assistant or Deputy City
Attorney and Redevelopment Agency Counsel and/or who would be, designated as
compet ent, substitute/backup legal representation. for the City an d Redevelopmefi t
Agency in- the, event of the absence or unavailability, of the, City Attorney or
Redevelopment Counsel.
D. Describe how you would structure the 'working relationship' between 'the City
Attorney and the City Council, City Manager, Department Heads, City Commissions,
and other members of staff.
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City Attorney and Redevelopment Agency Counsel/Legal Services
F. Specify intended office location and accessibility to the City's needs, including
proposal for hours and day(s) of week for regular established office hours at City
Hall.
G. Describe systems/mechanisms that would be established to ensure timeliness of
response to City Council and Redevelopment Agency Board and City/Agency staff.
H. Define the standard time frames for response by the City Attorney and
Redevelopment, Agency Counsel to direction and/or inquiry from the City
Co, uncil/City Manager or Agency Board Executive Director.
L Describe systems/piecham'sms that would be established for monthly reporting of
status of projects, requests, and- litigation.
J. Describe the process for transmittal of requests and other material to City Attorney and
Redevelopment Counsel.
K. Describe the.staffing of your office including all"permanent and temporary employees
and their general duties and work schedules. Include any.changes you would
propose, now or in the future. should you be awarded a contract to provide legal
services to the City/Agency..
L. Describe your preference for method of - payment and your procedure for billing of
extra hours and expenses and any other accounting requirements.
M., It is anticipated that the City and Redevelopment Agency will contractually require
-monthly-itemized statements for all services and will subject these statements to audit
at least annually. Describe� how you would provide for this reporting.
N. Describe the computer resources currently utilized within your office. It will be a
requirement that the _City Attorney and Redevelopment Agency Counsel utilize
Microsoft Word for Windows word-processing software (version 6.0 or later as used
throughout the. City organization) for all correspondence. The City Attorney and
Redevelopment Agency -Counsel's office will be required to connect one or more
computers to the City's computer local area network, or to maintain Internet services
such that mail and files can be transmitted between staff and the City Attorney and
Redevelopment Agency Counsel.
0. The. City/Agency of West Covina will require the firm with which a contract is
established, prior to commencement of work, to provide -evidence of approp"ate
n
professional liability insurance, errors and omissions insurance, and workers
compensation -insurance coverage as needed. Describe how you would provide same
and in what coverage amounts.
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City Attorney and Redevelopment Agency Counsel/Legal Services.
Such coverage must be provided 'by an insurance company(ies) authorized to do
business in the State of California. Certificates must name the City/Agency of West
Covina as an Additional Insured and shall provide that contractor's policy is primary
over any insurance carried by the City/Agency of West Covina and that the policy
will not be cancelled or materially changed without thirty (30) days prior notice in
writing to the City/Agency of West Covina.. The successftil firm must agree, if
awarded a contract as a result of its proposal, to. indemnify and hold harmless the
City/Agency of West Covina, its officers, agents, and employees from any and all
claims and losses accruing or resulting to persons engaged in the work contemplated
by its proposal or to persons who may be injured.or damaged by the firm or its agents
in the performance of the work. Prior to commencement of any work, these and other
provisions will be established contractually.
2. Additionally, please describe your firm's qualifications for providing the following
specific Redevelopment Agency legal services.
A. Please describe your range of experience with California Redevelopment laws,
project negotiation, and implementation agreements and contracts (i.e. lease,
purchase, Owner Participation and Disposition and Development Agreements)
and litigation.
B1. Please describe your experience. in development, and variety of redevelopment
projects and the promotion of low and moderate income housing.
C. Describe how you would structure the working relationship between the
Redevelopment Counsel, Agency Board, -Executive Director, Department Heads,
and other members of staff.
CoMensation and Reimbursement
1. It is anticipated that.the City Council/ Agency Board will expect the firm to provide a
system wherein basic services are provided under a fixed monthly retainer and additional
services billed at an hourly rate.
C. Basic services, for the purposes of,this proposal, shall include those legal services
generally understood within the field of municipal law to fall within the category of
11general counsel" work, and shall include, but not necessarily be limited to, the
following:
Attendance at all meetings of the West C ' ovina City Council and Redevelopment
Agency Board (including regular* sessions, closed. sessions, and as needed work
sessions). Regular sessions are normally held on the first. and third Tuesday of
each month;
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City Attorney and Redevelopment Agency Counsel/Legal Services
Attendance, as. needed and as directed by the City Council -and Redevelopment:
Agency or City Manager/Executive Director, at certain meetings of the City's
Comrm*ssions or other City/Agency committees or commissions;
Review and/or preparation of ordinances, resolutions,. orders, agreements, forms,
notices, declarations, certificates, deeds, leases, and other documents required by
the City/Agency;
Consultation with the City Council and Redevelopment Agency Board Members
and City/Agency staff as needed - rendering of legal advice and opinions
concerning legal matters that affect the City/Agency, including new legislation
and court decisions. Perform research'and interpret laws, court decisions and
other. legal authorities' in order to prepare legal opinions and to advise the
Council/Board and management staff on legal matters pertaining to City/Agency
operations;
Legal Work pertaining to property acquisition, property disposal, public
improvements, public rights of way and easements, and matters relating to public
-.utilities;
0 Coordinate the work of outside legal counsel as needed and as directed by the
City Council and Redevelopment Agency and City Manager/Executive Director.
Regularly scheduled office hours in City Hall per week.
Services on an as -needed basis when directed by the City Council and Redevelopment
Agency or City Manager/Executive Director. These special services, anticipated. to
be provided ata specified hourly rate, include research, preparation, and follow-
through in matters involving. The law firm selected by the City/Agency will also be
required to furnish special legal litigation affecting the City/Agency. This includes
collection of performance bonds on construction contracts, and pursuing litigation to
collect. damages.due the City/Agency. Excluded from special legal services would be
-litigation or defenses fin-nished by a self -insured program (worker compensation,
liability coverage, etc.), other litigation where the City Council and Redevelopment
Agency decides to retain, special counsel (including bond Counsel), certain
redevelopment work outside of Redevelopment Agency Board meetings, or other
work '.for which the City'Council and Redevelopment Agency decides to utilize
special counsel.
C. Based on the above, please include in your proposal the following:
* Proposed fixed monthly retainer for7basic" services;
* Specific services to be included in the category of basic services;
* Proposed hourly rate, for additional services;
* Specific services to be included in the category of "additional" or "special"
services.
z:agreements/City of West Covina - RFP CA,RDA&GU021000
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City Attorney and Redevelopment Agency* Counsel/Legal Services
D. Please also include inyourproposal-.'
Proposed terms and conditions for termination of contract by either party. The
City , Council and Redevelopment Agency wishes to retain the greatest latitude in
its ability to change attorneys and/or law firms should that become necessary.
Important Note: The individual(s) appointed as City and Redevelopment Agency
Counsel shall serve solely at the' pleasure of the Council/Board. The City
Attorney and Redevelopment Agency Counsel is not a City/Agency employee and
may be terminated at any time,by the City Council and Redevelopment Agency,
with or without cause.
Specific expenses for which firm will claim reimbursement from City/Agency,
including type and unit rate (i.e. rate, for. mileage, reproduction of documents,
travel expenses, conference registration, etc.)
Current Practices/Conflict of Interest
I Please list all current or former clients residing in, having an interest in a business, or
owning an interest in property in the City/Agency of West Covina within the past three
years. (Note: the City Attorney and Redevelopment Counsel, along with other
designat.ed'employees and officers, will be required to submit Statements of Economic
Interest as mandated b . y the Fair Political Practices Commission.)
2. Please listall public clients for which you or your firm currently provide services, or are
under retainer.
3. For the firm, and or the proposed City Attorney and Redevelopment Agency Counsel,
please specify current or known future professional commitments in'order that the
City/Agency may evaluate your cont . in�ing availability for providing legal services to the
City�Agency.
Professional References
Please, provide three professional and three personal references for the individual recommended
for appointment as. the City Attorney and Redevelopment Agency Counsel.' Include with each,
the name, address, and work telephone numberof the ref6rence.
Evaluation and Selection Process
1 All proposals are due by 5:00 p.m. on Monday? February 28, 2000.
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City Attorney and Redevelopment Agency Counsel/Legal Services
2 All proposals shall be submitted to a screening committee, the composition of which shall
be comprised of a Council/Board Committee and the City Manager/Executive Director.
In reviewing the proposals, the committee will carefully weigh:
A. Depth and breadth of experience and expertise in the, practice of law, most
specifically in those areas most often encountered in municipal government
operations
B. Capability to perform legal services promptly and in a manner that permits the City
Council and Redevelopment Agency and staff to meet established deadlines and to
operate in an effective and efficient manner.
C. Degree of availability for quick response to inquiries that arise out of day-to-day
operating questions or problems.
D. Degree to which firm and individual attorneys/counsel stay current through continued
professional development and active communication with members of the municipal
law field.
E. Communication skills.
F. Backup support.
G. Cost of services.
-3. Qualifications and references of the top candidates based upon proposal responses will be
verified.
4. Personal interviews of the top candidates will be conducted.
5. The City Council and Redevelopment Agency Board will then likely appoint a committee
of Council/Board Members and City/Agency *staff to negotiate the terms and conditions
of a contract with the selected party, which must then be approved by formal
Council/Board action.
6. The formal contract outlining duties and compensation will be entered into with the
successful firm.
7. The City Council and Redevelopment Agency Board will formally appoint the
individual(s) to serve as City Attorney and Redevelopment Agency Counsel. The
appointed City Attorney and Redevelopment Agency Counsel is an at -will employee and
shall serve at the pleasure of the City'Council and Redevelopment Agency. The City
'Attorney and Redevelopment Agency Counsel is not a City/Agency employee and the
City Council and Redevelopment Agency may terminate the appointment* at any ti me,
with or without cause.
66
City Attorney and Redevelopment Agency Counsel/Legal Services
8. Legal services to the City/Agency, are anticipated to begin on or shortly after March 2 1,
2000.
On behalf of the Council/Board and staff of the City/Agency of West Covina, thank you for your
consideration and efforts.
Artie Fields
Assistant City Manager
-REDEVELOPMENT AGENCY
COUNSEL
CITY OF WEST COVINA
CITY MANAGER'S OFFICE
CONTACT: ARTIE FIELDS9 ASSISTANT CITY MANAGER
.1444 WEST GARVEY AvENuE. WEST COVINA9 CA. 91790
(626) 814-8401 FAX: (626) 814-8406
DEADLINE FOR SUMUTTAL: 5:00 P.m. FEBRuARY 28,.2000 (No PosTmARKs)
d
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Redevelopment Agency Counsel
City of West Covina
Request for Proposals
Redevelopment Agency Counsel/Legal Services
The Agency Board of the City of West Covina invites interested legal firms to submit written
proposals to provide legal services for the City of West Covina. The Council is seeking a law
firm that can provide an individual associatedwith, the firm to serve as Redevelopment Counsel
for the West Covina Redevelopment Agency.
Submittal Guidelines
Eight complete copies of each proposal shall -be submitted. in a sealed envelope bearing the
caption: "City of West Covina — RDA Counsel Proposal" and addressed to:
Artie Fields
Assistant City Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Proposals may be filed in person at the City Manager's office or by mail, but must in any case be
received in the City Manager's office by 5:00 p.m. on Monday, February 28, 2000. Late
proposals or postmarks will not be accepted. All proposals received will be confidential and will
be retained bythe City of West Covina.
The Agency Board reserves the right to reject all proposals, to request additional information
concerning any proposals for purposes of clarification, to accept or negotiate any modification to
any proposal, following the deadline for receipt of all proposals, and to waive any irregularities,
if such would serve the best interest of the City, as determined by the Agency Board.
All inquiries regarding this Request for Proposals.. and current legal services, of the
Redevelopment Agency should be directed to Artie Fields, Assistant City Manager at the above
address or by telephone at (626) 814-8401.
Backp-round
Incorporated in 1923, West Covina is located approximately 20 miles east of Los Angeles. The
City is 17 square miles in area and has a population of approximately 106,000. West Co ' vla is'a
residential and commercial center with limited industry. Retail merchandising is the principal
business activity.
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Redevelopment Agency Counsel
The City operates under the council-manager form of government with -a five- * member city
council.. City Council Members - ;ire elected to four-year overlapping terms on an at -large basis.
Annually, the City Council selects one of its members to serve as Mayor. The City. Council- is
'the legislative body responsible for overall policy development and direction of the City. The
City Council also serves as the Board of Directors of the Redevelopment Agency and the.West
Covina Public Finance Authority. In addition, the City has five citizen commissions whose
members are appointed by the City Council.
The City Council appoints the City Manager, who serves as the executive officer and is
responsible for the day-to-day operations of the City. The City Manager's executive staff
include: the Assistant City Manager. and department heads for Public Services, Fire, Police,
Community Services, Finance, Personnel, Environmental Management, City Clerk and the
Redevelopment Agency.* The City Council also appoints the City Attorney and contracts with
.that individual's firm for legal services.
West Covina is a full service, city. providing police, fire, public* works, parks and recreation,
engineering.- planning, redevelopment and economic development, some transit, various
environmental management services, as well as all of the traditional internal management
support functions. The City has a current budget of $76.5 million (including the Redevelopment
Agency's current budget of $29.4 million), and a full-time staff of approximately 414..
The West Covina Redevelopment Agency (Agency) was established by the City Council in 1971
to eliminate blight and vitalize the economic structure of the City. The Agency 6 perates under
the direction of City Council, wh ' ich serves as the Agency's Board of Directors, and -in
accordance with California Community Redevelopment Law and Statutes.
Pursuant to ' Redevelopment Law, the Agency establishes project areas with the adoption of
redevelopment plans. The Agency works with developers, property 'owners and private
businesses to develop new projects and rehabilitate and/or expand existing developments. The
publi c/private j oint venture may involve the construction of new infrastructure, the assemblage
of land or alternatives for project financing.
Requested Information
PLEASENOTE: All proposals must provide specific and succinct answers to. all questions and
requests for information. Indirect, imprecise, or incomplete responses can serve only to the
disadvantage of the applicant. (Submissions of individual resumes are optional and alone will
not be considered responsive to any specific question'.)
I Please describe your firm's qualifications for providing Redevelopment Agency legal
services (Note:. Prior experience, as a municipal attorney is.not required.) Include in your
response:
A. The overall capabilities, qualifications, training, and are" of expertise for each 'of the
partfiers/principals and associates, including but not limited to:
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Redevelopment Agency Counsel
* Name of individual;
9 Length of employment with firm;
* Specialization;
e Legal traihing;
0 Scholastic honors and professional affiliations;
9 Date of admittance to California Bar;
9 Years of practice;
* Municipal or other local public sector experience,
Knowledge of, and,' experience with California Municipal Law and
Redevelopment Law;.
Years and statement of other types of clientele represented;
Litigation experience and track record;,
Knowledge and practice of law relating to land use and planning, CEQA, NEPA,
general plans, real estate, environmental issues, hazardous waste and other related
law;
Experience in the area of contracts and franchises;
Experience in the preparation and review of ordinances and resolutions;
Experience in the area of the Public* Records Act, the Brown Act.' and the
Elections Code;
If the firm, or any of the attorneys -employed by the firm, - have ever been
successfully sued for malpractice, been the subject of complaints filed with the
State Bar, or had discipline imposed by the State Bar, please provide information'
on the nature of the incident, the dates on which the matter began, and was
concluded, and the results of the situation.
B. Specify the individual that you propose for appointment as Redevelopment Counsel
and reasons for recommendation.
C. Specify the individual(s), if any, that you would propose as Assistant or Deputy
Redevelopment Counsels and/or who would be designated as competent,
substitute/backup legal representation for the Redevelopment Agency in the event of
the absence or, unavailability of the Redevelopment Counsel.
D. Describe . how you would structure the working relationship between the
Redevelopment Counsel and the Redevelopment Board, Executive Director,
Department Heads, and other members of staff.
E. Specify intended office location and accessibility to the Agency's needs, including
proposal I for hours and day(s) of week. for regular established office hours at City
Hall.
F. Describe systems/mechanisms that would be established to ensure timeliness of
response to the Agency Board and Redevelopment staff.
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Redevelopment Agency Counsel
G. Define the standard time frames for response by the Redevelopment Counsel to.
direction and/or inquiry from the Agency Board or Executive Director.
H. Describe systems/mechanisms that would be established for monthly reporting of
status of projects, requests, and litigation.
I. Describe process for transmittal of requests and other material to Redevelopment
Counsel.
J.. Describe the staffing of your office including all pen-nanent and temporary employees
and their general duties and work schedules. Include any changes you would propose
should you be awarded a contract to provide legal services to the West Covina
Redevelopment Agency or that you anticipate for any reason in the near future.
K. Describe your preference for method of payment and your procedure for billing of
extra hours and expenses and any other accounting requirements.
L. It is anticipated that the Redevelopment Agency will co n-tractually require monthly -
itemized statements for all services and will subject these statements to audit at least
annually. Describe how you would provide for this reporting.
M. Describe the computer resources currently utilized within you office. The City of
West Covina will require the Redevelopment Counsel to utilize Microsoft Word.for
Windows word-processing software (version 6.0 or later as used throughout the City
organization) for all. correspondence. . The . Agency will also require the
Redevelopment Counsel's office to connect one or more- computers to the City's
computer local area network, or to maintain Internet services such that mail and files
can be transmitted between Redevelopment staff and the Redevelopment Counsel.
N. The Redevelopment Agency will require the firm with which a contract is
established, -prior to, commencement of work, to provide evidence of appropriate
professional liability insurance, errors and omissions insurance, and workers
compen sa tion insurance coverage as needed. Describe how you would provide same
and in what coverage amounts.
Such coverage must be provided by an insurance company(ies) authorized to do
business in the State of Calif5mia. Certificates *must name the West Covina
Redevelopment Agency as an Additional Insured and shall provide that ' contractor's
policy is primary over any insurance carried by the West Covina Redevelopment
Agency and that the policy will not be cancelled or materially changed without thirty
(3 0) days prior notice in writing to the City of West Covina. - The successful firm
must- agree, if awarded a contract as a result of its proposal, to indemnify and hold
harmless the City,of West Covina and Redevelopment Agency, its officers, agents,
and employees from any and all claims and losses accruing or resulting to persons
engaged in thework contemplated by- its proposal. or to persons who may be inJured
or damaged by the firm or its agents in the performance *of the work.
Prior to
z:agreements/Ciry of West Covina - RFP for, Legal Services/021000
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Redevelopment Agency Counsel
comm encement of any work, these and other provisions will be established
contractually.
Compensation and Reimbursement
1 It is anticipated that the Agency Board will expect the firm to provide a system wherein
basic services are provided under a fixed monthly retainer and additional services billed
at an hourly rate.
A. Basic services, for the ' purposes of this proposal, shall include those legal services
generally understood within the field of municipal law to fall within the category of
11general counsel" work, and shall include, but not necessarily be limited to, the
following:
0 Attendance at all meetings of the'West Covina Redevelopment Agency (including
regular sessions, closed sessions, and as needed work sessions). Regular sessions
are normally held on the first and third Tuesday of each month;
• 'Attendance, as needed and as directed by the Agency Board or Executive
Director;
• Review and/or preparation"of ordinances, resolutions, orders, agreements, forms,
notices, declarations, certificates, deeds, leases, and other documents required by
the Agency;
• Consultation with Board Members and Agency staff as needed - rendering of
legal advice and opinions concerning legal matters that affect the Redevelopment
Agency, including new. legislation and court. decisions. Perform research and
interpret laws, court decisions and other legal authorities in order to prepare legal
opinions - and to advise the Council and management staff on legal matters
pertaining to Redevelopment Agency operations;
Legal work pertaining to property acquisition, property disposal, public
improvements, public rights of way and easements, And matters relating to public
utilities;
0 Coordinate the work of outside legal counsel as needed and as directed by the
Agency Board and Executive Director.
0 Regularly scheduled office hours in City Hall per week.
B. Services on an as -needed basis when directed by the Agency Board or Executive
Director. These special services, anticipated to be provided at a specified hourly
rate, include research, Agency will also be required to furnish special legal
litigation aff6cting the Agency. This includes collection of performance bonds on.
z:agreernents/City of West Covina - RFP for Legal Services/021000
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Redevelopment Agency Counsel
construction contracts, and pursuing litigation to collect da m-ages due the City.
Excluded from special legal services would be litigation or defenses furnished by
a self -insured program (worker compensation, liability coverage, e.tc.), other
litigation where the Agency Board decides to retain special counsel (including -
bond counsel), certain redevelopment work outside of Redevelopment, Agency
Board meetings, or other work for which the Agency Board decides to utilize
special counsel.
C. Please describe your range of experience with California Redevelopment laws,
project negotiation, and implementation agreements and contracts (i.e. lease,
purchase, Owner Participation and -Disposition and Development Agreements)
and litigation.
D. Please describe your experience in development and variety of redevelopment
projects and the promotion of low and moderate income housing.
E. Based on the above, please include in your proposal the following:
Proposed fixed monthly retainer.for "basic" services;
Specific services to be included in the category of basic services;
Proposed hourly rate for additional services;
Specific services to be included in the category of "additional" or "special"
services.
F.. Please'also.include in your proposal:
Proposed terms and, conditions for termination of contract by'either party. The
Agency Board wishes to retain the greatest latitude in its ability to change
counsels and/or law firms should that become necessary.
Important Note: The individual appointed as Redevelopment shall serve solely at
the pleasure of . the Board. The Redevelopment Counsel is not an Agency
employee and may be terminated at any time by the Agency Board, with or
without cause.
Specific expenses for which firm Will claim reimbursement from the Agency,
including type and unit rate (i.e. rate for mileage, reproduction of documents,
travel expenses, conference registration, etc.)
Current Practices/Conflict of Interest
1. Please list all current or former clients residing. in, having an interest in a business, or
owning an interest in property in the City of West Covina within the past three years.
- (Note: the Redevelopment Counsel, along with other designated employees and officers,
will be required to submit Statements. of Economic Interest as mandated by the Fair
.'Political Practices Commission.)
z:agreementsYCity of West Covina - RFP for Legal Services/021000
Redevelopment Agency Counsel
2. Please list all public clients for which you or your firm currently provide services, or are
under retainer.
3. For the firm, and or the proposed Redevelopment Counsel, please specify current or
known' future professional commitments in order that the City may evaluate your
continuing availability,for providing legal services to the Redevelopment Agency.
Professional References
Please provide three professional, and three personal references for the individual recommended
for appointment as the Redevelopment Counsel! Include with each, theiname, addre . ss, and work
telephone number of the reference.
Evaluation and Selection Process
1 . All proposals are due by 5:00 p.m. on Monday, February 28, 2000.
2. All proposals slfall be submitted to'a screening committee, the composition of which shall
be comprised.of a Board Committee and.*e Executive Director. 'In reviewing the'
proposals, the committee will carefully weigh:
A. Depth and breadth of experience and expertise in the practice of law, most
specifically in those areas most often encountered in- municipal government
operations
B. Capability to perform legal services promptly and in a manner that permits the
Agency Board and staff to meet established deadlines and to operate in an effective
and efficient manner.
C. Degree of availability for quick response to inquiries that arise out of day-to-day
operating questions or problems.
D. Degree to which firm and individual Counsels stay current through continued
professional development and active communication with members of the municipal
law field.
G. Communication skills.
H. Backup support.
I. Costofservices.
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Redevelopment Agency Counsel
Qualifications and references of the top candidates based upon proposal responses will be
verified.
4. Personal interviews of the top candidates will be conducted.
5. The Agency Board will then likely, appoint a committee of Board Members and Agency
y
staff to negotiate the terms and conditions of a contract with the selected party, which
must then be approved by formal Board action.
6. The formal contract 'outlining duties and compensation will be entered into- with the
successful firm.
.7. The Agency Board 'will formally appoint the individual to serve as Redevelopment
Counsel. The appointed Redevelopment Counsel is an at -will employee and shall serve'
at the pleasure of the Agency Board. The Redevelopment Counsel is not a City employee
and the Agency Board may terminate the appointment at any time, with or without cause.
S. Legal services to the Redevelopment Agency are anticipated to begin on or shortly after
March 21, 2000.
On behalf of the Board and -staff of the West Covina Redevelopment Agency, thank you for your
consideration and efforts.
Artie Fields
Assistant City Manager
W