CITY OI:
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AGENDA REPORT
DATE: February 24, 2025
TO: Honorable Mayor and City Council
Item No. to
FROM: Ana V. Sauseda, Director of General Services/City Clerk ,cQl�s SUBJECT: Request for Proposals for City Attorney Services RECOMMENDATION:
That the City Council review the Request for Proposals for City Attorney Services and provide direction as needed.
BACKGROUND/DISCUSSION:
From time to time the City issues requests for proposals (RFP) for various services needed by the City.
At its regular meeting of February 10, 2025, the City Council voted during Closed Session to solicit proposals for City Attorney Services. Direction was given for staff to return to Council with the RFP at the next regularly scheduled meeting. This RFP solicits proposals from qualified law firms interested in providing City Attorney services to the City of Yucaipa.
FISCAL IMPACT:
There is no fiscal impact.
Attachment(s):
1. RFP for City Attorney Services
Approved by:
ATTACHMENT
CITY OF
REQUEST FOR PROPOSAL (RFP)
CITY ATTORNEY SERVICES
Date Issued: Tuesday, February 25, 2025
Proposals Due: Monday, March 17, 2025 - 5:00 PM
TABLE OF CONTENTS
I.
INTRODUCTION.................................................................................................................................................... 3 A.
Purpose.............................................................................................................................................................. 3 B.
Background.......................................................................................................................................................3
11. PROPOSED SELECTION SCHEDULE..............................................................................................................3 A.
Submittal Process...........................................................................................................................................3 B.
Inquiries.............................................................................................................................................................. 5 III.
SCOPE OF SERVICES.......................................................................................................................................5 IV.
QUALIFICATIONS............................................................................................................................................6 V.
PROPOSAL FORM AND CONTENT.................................................................................................................7 A.
Proposal Submittal........................................................................................................................................7 B.
Letter of Transmittal..................................................................................................................................... 7 C.
Table of Contents............................................................................................................................................7 D.
Identification of Attorney(s)....................................................................................................................... 7 E.
Support Staff.................................................................................................................................................... 7 F.
Description of Services..................................................................................................................................7 G.
Rates and Charges..........................................................................................................................................7 H.
Availability and Commitment to Provide Services..............................................................................8 I.
Actual or Perceived Conflicts......................................................................................................................8 J.
Insurance...........................................................................................................................................................8 K.
Additional Information.................................................................................................................................8 L.
References.........................................................................................................................................................8 M.
No Contact........................................................................................................................................................8 VI.
REVIEW AND SELECTION PROCESS.........................................................................................................9 A.
Process............................................................................................................................................................... 9 B.
Evaluation Criteria..........................................................................................................................................9 VII.
TERMS AND CONDITIONS..........................................................................................................................10 A.
Proposal Preparation Costs.......................................................................................................................10 B.
Reservation of Rights..................................................................................................................................10 C.
Acceptance of Conditions..........................................................................................................................10 D.
Proposal Inclusions.......................................................................................................................................11 E.
Withdrawal of Proposal Before Closing.................................................................................................1 1 1
F. Proposal Submittal......................................................................................................................................
G. Agreement Execution.................................................................................................................................
H. Professional Licensing.................................................................................................................................
I. Insurance Requirement...............................................................................................................................
J. Public Record..................................................................................................................................................12 K. Equal Opportunity........................................................................................................................................12 L. Independent Contractor.............................................................................................................................12 M. Conflict of Interest........................................................................................................................................12 2 I. INTRODUCTION
A. Purpose
The City of Yucaipa invites interested attorney firms ("Proposer") to submit written proposals to provide City Attorney services. The City Attorney is selected by and serves at the pleasure of the City Council and works closely with the Council, City Manager, City Clerk and other City staff. The City seeks a City Attorney with demonstrated expertise and a proven track record of sophisticated legal acumen. The selected firm will provide a wide range of services to the City. The City Attorney is not a City employee and is not entitled to the benefits of a City employee; the position is strictly on a contractual basis. The City Council reserves the right to retain or employ other attorneys or special counsel as may be needed, in its sole judgment, to take charge of any litigation or legal matters or to assist the City Attorney.
B. Background
The City of Yucaipa currently has an estimated population of 56,947 and encompasses approximately
27.8 square miles. The City of Yucaipa was incorporated on November z7,1.989, as a general law City under the provisions of the Government Code of the State of California.
The City operates under the Council -Manager form of government, broadly defined as combining the political/policy leadership of elected officials with the managerial leadership of the City Manager.
The City contracts with the San Bernardino County Sheriff's Departmentto provide law enforcement services. Fire protection and paramedic services are provided by the Yucaipa Fire Department through a staffing agreement with CAL FIRE. The City of Yucaipa is considered self -insured as it relates to Liability, Worker's Compensation and Property coverage, to the extent of an established self -insured retention. The City of Yucaipa is a member of the California Intergovernmental Risk Authority (CIRA). CIRA is a joint powers authority, consisting of over So California cities, special districts, and agencies, created to provide "pooled" excess coverage for liability, worker's compensation, and property insurance programs for its members.
II. PROPOSED SELECTION SCHEDULE
The following is an estimated schedule. The City reserves the right to modify any of the dates in the following proposed schedule as deemed necessary.
• RFP Distributed: Tuesday, February 25, 2025
• Written Questions Deadline: Thursday, March 6, 2025 - 5:00 PM • Deadline for City to Provide Answers to Questions: Wednesday, March 12, 2025 - 5:00 PM • Proposal Submittal Deadline: Monday, March 3.7, 2025 - 5:00 PM • Review Period: Tuesday, March 18 -Thursday, March 20, 2025 • City Council Interviews with Finalists: Monday, March 24, 2025 • Award of Legal Services Agreement: April 2025
A. Submittal Process
Proposals must be delivered in person, by mail service, or by a courier service and must be received by the date and time listed below. Any proposal found ineligible or incomplete shall not be considered for selection. Proposers assume full responsibility for having their proposal deposited at 3 the proper address and no later than the scheduled closing time. Faxed or emailed proposals or modifications will not be considered.
Proposals will not be received after the closing date and time indicated below:
Proposal Labeling: PROPOSAL FOR CITY ATTORNEY SERVICES
Submittal Closing: Monday, March 17, 2025, at 5:oo PM (No postmarks will be accepted.
Proposals must be received in our office by the stated deadline.) Location: City of Yucaipa
Attention: Chris Mann, City Manager
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Email: chrismann(a-�vucgaa.gov
Number of Copies: One (1) original, three (3) copies, and one (1) flash drive of the proposal marked "PROPOSAL CITY ATTORNEY SERVICES"
The Proposer is solely responsible for ensuring its proposal is received by the City in accordance with all proposal requirements. The City shall not be responsible for any delays in mail/common carrier service or by other transmission errors or mistaken delivery.
The City reserves the right to postpone the submittal deadline and opening of proposals any time before the date and time announced in the RFP or subsequent addenda. The City may also cancel this solicitation at any time.
Proposals will not be opened publicly, and the City will endeavor to keep the proposals confidential until a firm is identified by the City Council for final consideration. The original copy of each proposal will be retained and will become a public record afterthe award of a Legal Services Agreement unless the proposal or specific parts of the proposal can be shown to be exempt by law.
The City reserves the rightto reject any or all proposals, to request additional information concerning any proposal 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 interests of the City as determined by the City Council. The City may modify, clarify, or interpret the RFP by sending an addendum to each firm that originally received the RFP. Any such addendum shall become part of the RFP and of any Legal Services Agreement awarded. The City is not responsible for any other explanation or interpretation.
The Proposer may make modifications to a proposal already submitted to the City but must submit a written request to withdraw its proposal to make the modifications. It is the responsibility of the Proposer to ensure that modified proposals are resubmitted before the submittal deadline and in accordance with all proposal requirements.
4 B. Inquiries
The City has attempted to provide all available information regarding this RFP. It is the responsibility of each Proposer to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. Questions about the RFP and City's current legal services will be accepted until 5:oo PM on Thursday, March 6, zoz5. Responses to all questions will be emailed to all Proposers who sent an RFP as detailed under Section II. Written questions are to be submitted to Chris Mann, City Manager, at chrismann(a)yucaipa.gov.
Proposers are not to contact City personnel with any questions or clarifications concerning this RFP other than through the method specified in this RFP. Any City response forthis RFP other than from Chris Mann is unauthorized and will be considered invalid. Verbal explanations or instructions given during any phase of this solicitation will not be binding. Additionally, all firms are expressly prohibited from contacting members of the Yucaipa City Council during the RFP process. This prohibition does not extend to any current provider of services so long as the communications relate to the subject matter of the representation and not to this RFP. Firms who contact the Yucaipa City Council during this process will be immediately disqualified.
III. SCOPE OF SERVICES
The successful Proposer will be expected to provide the following services, including, but not limited to:
• Represent and advise the Council and City executives in all matters of law pertaining to their offices;
Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, and represent and appear for any City executive or employee or former City executive or employee in any or all actions and proceedings in which any such City officer or employee is concerned or is a party, for any action arising out of their employment or by reason of her/ his official capacity;
• Attend all meetings of the Council and give advice or opinion in writing whenever requested to do so by the Council or by any of the boards or executives of the City; • Attend all meetings of the Planning Commission;
• Approve the form of all bonds given to and contracts made by the City, endorsing their approval in writing;
• Prepare all proposed ordinances, contracts, and other legal instruments for the City; • Prosecute on behalf of the City cases for violation of City ordinances and other City laws and regulations;
• Perform such other legal duties consistent with the Municipal & Development Code as may be required of them by the Council;
5 • Provides guidance and training with regard to the Brown Act, AB 1234, CEQA, Political Reform Act, Public Records Act, tort liability and risk, civil and criminal enforcement, due process and other legal requirements imposed by statute and common law; • Establishes designated office hours or times of availability as agreed to with the City Council and City Manager, and providing responses to requests for legal advice in a timely manner; • Researching municipal or other legal matters as requested by the City Council or the City Manager.
In addition to the more technical scope of work outlined above, the appointed City Attorney must understand his/her role in local government, avoiding political debates and active participation in the policy and managerial decision -making process entrusted to the City Council and City Manager. The City Attorney is expected to provide technically sound and consistent legal advice to all members of the City Council and City executives and staff while maintaining trust and an unwavering ethical standard no matter the situation or individuals involved.
IV. QUALIFICATIONS
The Proposer must be a licensed and active member of the California State Bar and possess extensive experience and well -documented history of advanced legal expertise. Qualified Proposers will have significant municipal legal experience in California as a City Attorney.
Further, it is desirable for the City Attorney to hold experience in the following areas:
• Designing, drafting, and updating Municipal and Development Code sections and regulations.
• Providing support to staff, Council and the Planning Commission during land use, building, and other appeals; and in code enforcement actions.
• Possessing a solid foundational expertise in municipal structure, including the laws governing general law versus charter cities as well as the appropriate role of all city officials in the Council -Manager form of government.
• Land use regulations related to public land use and planning, environmental law including the California Environmental Quality Act (CEQA), general plans, code enforcement, and other related areas of law, administrative law, and other areas of municipal law. • Providing best legal advice on housing laws, but also working with Council and staff to understand alternatives and other paths forward as requested. • Litigation or experience monitoring or supervising litigation activity within a firm. • Speaking clearly and effectively in public, including the ability to communicate the nuances of state housing laws and public meeting requirements.
• Relating easily and effectively with all members of the City Council, staff, and the public.
V. PROPOSAL FORM AND CONTENT
A. Proposal Submittal
Proposals should be prepared simply and economically and provide a straightforward, concise description of the Proposer's company, background, qualifications, proposed legal services, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. Proposing parties are responsible for all costs incurred in preparation and submittal of proposals.
B. Letter of Transmittal
Proposal shall include a transmittal letter signed by a duly authorized representative of the firm and must include the name, address, telephone number, and e-mail address of the Proposer and those (if necessary) for the person or persons authorized to represent the Proposer and to whom any correspondence should be directed. The letter must state that the proposal and fee schedule are valid and binding for one hundred and twenty (szo) days.
C. Table of Contents
nclude a clear identification of the submitted material by section and by page number.
D. Identification of Attorney(s)
The response to this RFP should describe the attorney(s) who would be responsible for providing regular services under the proposal. For each attorney, the proposal should identify the qualifications, areas of expertise, and prior experience.
E. Support Staff
The proposal should include information about the types of support staff, such as other attorneys, paralegals, interns and others in the firm who might be assigned to perform work for the City and whose time would be billed for such work. The response should include information about how the firm plans to utilize support staff.
F. Description of Services
The proposal should describe the services the firm proposes to provide, the firm' s overall experience with municipal law, any areas of specialty listed above, and any special qualifications that are believed to distinguish it from other law firms. Please indicate if there are any services that you do not provide.
G. Rates and Charges
The proposed means of compensation, including hourly rates or fees to be charged for each individual named in the proposal, should be listed. A schedule of the rates or amounts for all fees, charges, and expenses to be billed by each attorney or staff member should also be included. If it is 7 proposed to provide general services under a fixed monthly retainer and additional "special'' services at pre -negotiated hourly rates, please be specific about what would be included in each category. Proposals shall also identify what charges the firm will impose, if any, for travel time.
H. Availability and Commitment to Provide Services
The proposal should include an indication of the commitment to provide the services by the attorney or attorneys with principal responsibility for providing services to the City. In this context, the words availability and commitment should be taken in their broadest meanings, incorporating time, flexibility in scheduling, office location of the attorney or attorneys, commute time to Yucaipa, time spent at Yucaipa City Hall, and firm or personal policies and practices with regard to returning calls and meeting deadlines.
I. Actual or Perceived Conflicts
The proposal should disclose the names, nature of assignment, and relevant dates for any of the firm's clients who may have actual or perceived conflicts of interest with the City. Reasonable diligence to identify and disclose potential conflicts is expected of all firms submitting a response to this RFP. The proposal should also provide a statement or description of firm policy to address how conflicts of interest between two or more clients are addressed.
J. Insurance
A description of the pertinent information regarding the general liability and malpractice insurance maintained by the firm, including the amount of coverage under such insurance.
K. Additional Information
Statements submitted in response to the RFP may, but are not required to, provide additional information to assist the evaluation of the proposal. Any discussions relating to suggested strategies to reduce costs for outside legal services are appropriate in this section.
L. References
Please provide references from comparable and representative public agency clients. Include the names and telephone numbers of at least three previous and/ or current public agency clients and the length of time you served those clients.
M. No Contact
The proposal shall include a statement acknowledging the no contact provision discussed in Section II, B of this RFP and identifying any communications the firm or its representatives have had with members of the City Council during the RFP process or in the go days preceding the issuance of the RFP.
VI. REVIEW AND SELECTION PROCESS
A. Process
A review of all submitted proposals will be conducted by two designated members of the City Council and the City Manager. After a review of proposals, the top candidates will be selected to be interviewed by the City Council in Closed Session. Following the interview process, the firm deemed best qualified by the Council to perform the City's legal services will be recommended for a Legal Services Agreement award at a public City Council meeting.
The City reserves the right to amend the review and selection process or to reject any and all proposals for any reason deemed appropriate by the City.
B. Evaluation Criteria
The following (among other attributes at the Council's discretion) shall be considered during the evaluation process:
• Meets the qualifications identified in the Proposal, provides adequate range of services and supportto the City, and demonstrates a depth of expertise and familiarity with all applicable matters of municipal law.
• Demonstrates sound judgment, integrity, and reliability and maintains a strong reputation in the field of municipal law, as determined by reference and background checks. • Overall experience levels of the designated City Attorney(s). • Abilityto meet the workload capacity required bythe City and the overall depth of the firm's in-house resources.
• Capability to perform legal services promptly and in a manner that permits the City Council and City staff to meet established deadlines.
• Demonstrates high quality service and the availability required to provide quick responses to the City's legal inquiries that arise on a daily basis. • Possesses strong and effective written and oral communication skills. • Understands the Council's preferred role of the City Attorney and the values of the Yucaipa community.
• Other qualifications or criteria deemed appropriate by the City Council. • Cost of providing services.
The City shall consider the costs for the services after the City is satisfied that the Provider has demonstrated the competence and professional qualifications necessary to support the services. 9 VII. TERMS AND CONDITIONS
A. Proposal Preparation Costs
The City is not, nor shall be deemed, liable for any costs incurred by Proposer in the preparation, submittal, or presentation of their proposals.
B. Reservation of Rights
This RFP does not commit or obligate the City of Yucaipa to accept or execute an agreement for any expressed or implied service. The City reserves the right to:
• Reject any and all proposals received and to accept or reject any item(s) herein. • Take all proposals under advisement for up to one hundred and twenty (Zzo) days after opening.
• Waive any informality on any proposal.
• Be the sole judge of the relative merits of the material mentioned in the respective proposal received.
• Request any firm submitting a proposal to clarify its proposal during the selection phase. • Modify or alter any requirements herein, and issue addenda or amendments to this RFP. • Terminate this RFP process at any time.
C. Acceptance of Conditions
It is the Proposer's responsibility to examine the scope and location of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished.
Proposers shall have no claim against the City based upon ignorance of the nature and requirements of the services provided, misapprehension of the work environment, or misunderstanding of the specification or agreement provisions. By submitting a proposal, each Proposer expressly agrees to and accepts the following conditions:
• Proposal and cost schedules shall be valid and binding for one hundred and twenty (1.20) days following the proposal due date and will become part of the Agreement that is negotiated with the City.
• The City may require whatever evidence is deemed necessary relative to the Proposer's financial stability and ability to perform these services. • The City reserves the right to request further information from the Proposer, either in writing or orally, to establish any stated qualifications.
Zo
The City reserves the right to solely judge the Proposer's representations, and to solely determine whether the Proposer is qualified to undertake these services pursuant to the criteria set forth herein. The Proposer, by submitting a proposal, expressly acknowledges and agrees that the judgment of the City as to whether or not the Proposer is qualified to perform these services shall be binding, final and conclusive.
D. Proposal Inclusions
The RFP documents shall be submitted in their entirety, with ALL applicable portions fully completed by the Proposer. All Proposers are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.
E. Withdrawal of Proposal Before Closing
Any Proposer may request the withdrawal of their submitted proposal by written request at anytime prior to the scheduled closing date and time. Upon receiving a written request to withdraw any proposal, the City will consider the proposal null and void, and return the proposal to the Proposer.
Withdrawal of proposal will not impact Proposer's resubmittal for this or any future proposal(s).
F. Proposal Submittal
All Proposers shall complete and return one (1) original and three (3) copies on standard sized paper and one (1) flash drive of their proposal. More than one (1) proposal from an individual, firm, partnership, or corporation under the same or different names will not be considered.
G. Agreement Execution
The firm shall prepare the Legal Services Agreement to be executed by both parties upon final review of the City.
H. Professional Licensing
The professional services provider, and any sub-consultant(s), shall possess any necessary professional certification(s) and/or license(s) relative to the work to be performed required by an appropriate licensing authority of the State of California and shall provide evidence of such to the City with their proposal or priorto commencement of the work in such a form as the City shall require.
I. Insurance Requirement
The Proposer shall, at its own expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultants, its agent, representatives, employees, or subcontractors. Proposer shall also require all of its subcontractors assigned to provide services to procure and maintain the same insurance requirement for the duration of the Agreement. Specific insurance requirements are as follows:
11 • General Liability Insurance of at least $2,000,000.00 per occurrence and $4,000,000.00 aggregate liability.
• Automobile Liability Insurance of at least $s,000,000.00 per accident Combined Single Limit (CSL).
• Worker's Compensation Insurance of at least $i,000,000.00 per claim. • Professional Errors and Omissions Insurance of at least $2,000,000.00 per occurrence and $4,000,000.00 aggregate liability.
J. Public Record
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon award of the Legal Services Agreement, and made available upon request, unless otherwise marked. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Proposer claims are exempt from disclosure pursuant to the California Public Records Act. The Proposer who claims such an exemption must also state in the proposal that:
"The Proposer agrees to indemnify and hold harmless the City and its officers, employees and agents from any claims, liability or damages against the City and to defend any actions brought against the City for its refusal to disclose such material, trade secrets or other proprietary information to any party
K. Equal Opportunity
The City of Yucaipa requires all Proposers to comply with equal opportunity policies.
L. Independent Contractor
The City Attorney will be an independent contractor. All persons employed by a firm in accordance with an Agreement resulting from this RFP will be employees of the firm and not of the City of Yucaipa.
M. Conflict of Interest
No official, officer, or employee of the City of Yucaipa or of a local public body during his/her tenure or for one year thereafter shall have an interest, direct or indirect, in this Legal Services Agreement or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge, no board member, officer or employee of the City of Yucaipa has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Yucaipa, and that if any such interest comes to the knowledge of either party at anytime, a full disclosure of such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section logo) or Article 4.6 (commencing with Section 1120) of Division 4 of Title 1 of the Government Code of the State of California. 12