CITY OF KENMORE REQUEST FOR PROPOSALS CITY …wsama.org/vertical/Sites/{8ED61B30-6B44-4E1C-8894...The City currently utilizes the services of the Law Offices of Inslee Best Doezie

CITY OF KENMORE REQUEST FOR PROPOSALS

CITY ATTORNEY SERVICES

Proposal Due Date: 4:00 pm on Monday, July 22, 2019

______________________________________________________________________________ The City of Kenmore invites proposals for contracted City Attorney services. Proposals are due to the City Clerk's Office by 4:00 p.m. on Monday, July 22, 2019. The City seeks services encompassing the traditional scope of work including legal counsel, opinions, litigation, consultation and coordination with special counsel. Attendance at a variety of meetings will be required, including staff meetings and City Council meetings as specified. These services will not include prosecuting services. Please carefully read the following information in this request for proposals (RFP). If you have further questions, you may call City Clerk Kelly Chelin at 425-398-8900 or e-mail [email protected]. Delivery: Proposals may be mailed or hand-delivered to the City of Kenmore City Hall. Electronic delivery will not be accepted. Postmarks will not be accepted. Proposals must be physically delivered to Kenmore City Hall (18120 68th Avenue NE, Kenmore, WA 98028) by the due date and time. Pre-Proposal Conference: A Pre-proposal conference will be held at the City of Kenmore Council Chambers (located at 18120 68th Ave NE) on the date specified below. Attendance by interested proposers is not required in order to submit a proposal. Driving directions are available online at http://www.kenmorewa.gov or by calling 425-398-8900. Communications: All communications are to be directed through the City Clerk. Throughout this RFP process, the City Clerk will post questions from potential proposers and answers to those questions at the following RFP web page: http://www.cityofkenmore.com/requestsforproposals. Potential proposers are encouraged to check this web page frequently throughout the process. Minimum Qualifications: (a) Each attorney on the proposed team must possess a Juris Doctorate degree and have

graduated from a law school accredited by the American Bar Association; (b) Each attorney on the proposed team must be a member in good standing of the

Washington State Bar Association; (c) The proposed designated City Attorney must have a minimum five years of experience

in the field of municipal law with particular experience in land use and public works construction.

The City of Kenmore reserves the right to reject any or all proposals, waive technicalities or irregularities, and to accept any proposal if such action is believed to be in the best interest of the City. Introduction For information about the City of Kenmore, visit www.kenmorewa.gov . Kenmore is a city of about 23,000 population and has approximately 40 temporary and full-time employees. Kenmore incorporated as a city on August 31, 1998. The City operates under a Council-Manager form of government. The City Council is the legislative branch and consists of seven members elected at large. The City Manager is responsible for and directs all City operations. The City organization structure has several departments including Finance and Administration, Development Services, Community Development, Public Works, and City Manager’s Office. Each department works actively with the City Attorney for advice and counsel. Kenmore is generally a “contract city.” Through interlocal agreements, King County provides police and court services for the City. Fire, EMS, library, water utility, and sewer utility are provided by special purpose districts. The City has an in-house surface water utility. The City Manager supervises and manages the legal services for the City. The City Attorney reports to the City Manager. Individual departments may frequently initiate legal services work, although the City Manager retains the core responsibility for supervising and coordinating legal services and the legal budget. The City currently utilizes the services of the Law Offices of Inslee Best Doezie & Ryder P.S. Rod Kaseguma of Inslee Best has served as Kenmore’s City Attorney since 2005, and he recently retired. Dawn Reitan, also of Inslee Best, is currently serving as Acting City Attorney. The City anticipates the city attorney and his/her firm to be selected and available to start in October 2019. Mr. Kaseguma typically worked about four to ten hours per week as City Attorney for Kenmore. See Attachment C, Inslee Best Transaction History. The City requires that submitted proposals identify a designated lead as the City Attorney for City business and will maintain central responsibility and coordination of legal services for the City. The City also anticipates the assistance of other attorneys and law firms for specialty legal work such as bond counsel, personnel, environmental, and condemnation proceedings, at the City’s discretion. Proposers are welcome to submit alternative approaches, but the model just described is what the City anticipates to be most successful for City operations.

Scope of Work The City Attorney and assisting attorneys in her/his law firm will provide the following legal services:

1. Provides legal advice, counsel, training, consultation, and opinions to the City Council, City Manager, staff, Boards and Commissions, and all levels of the City government, on a wide variety of legal topics and assignments, including but not limited to land use planning, code enforcement and public nuisances, laws against discrimination, public works capital projects, condemnation, purchasing and procurement, leasing, purchase and sale of property, employment law, public records disclosure issues, and tort law. The City Attorney's advice includes problem solving and methods to avoid civil litigation.

2. Franchise Agreement review, negotiations, and enforcement. 3. Intergovernmental Agreement review, negotiations, and enforcement (ARCH, E-CityGov

Alliance, etc.). 4. Interlocal Agreement review, negotiations, and enforcement. 5. Furnishes legal representation at all City Council business meetings and executive sessions,

and at other meetings when requested. 6. Appears before courts, hearing examiners, and administrative agencies to represent the City's

interests. 7. Provides strategic legal advice long range and current planning issues. Prepares and/or

negotiates land use related documents, including but not limited to SEPA documents and development agreements.

8. Plays a key role in property acquisition (including eminent domain) and disposal, including procedural compliance and preparation and negotiation of purchase and sale agreements.

9. Provides legal assistance with easements, street vacations, etc. 10. Prepares and reviews ordinances and resolutions, agenda bills, staff reports, contracts and

other documents for legal correctness and acceptability. 11. Works cooperatively with the municipal prosecutor and special legal counsel retained by the

City for special projects. 12. Coordinates with other special counsel, as needed, to assure proper management of legal

issues, and proper coordination and transition of legal issues among special counsel. 13. Assists City officials and employees to maintain awareness of ethical standards and

appearance of fairness standards, and to avoid potential conflicts of interest, prohibited transactions and the appearance of prohibited transactions.

14. Assists officials and employees to understand the legal roles and duties of their respective offices and interrelationships with others.

15. Provides the Mayor and Council with guidance on Robert's Rules of Order and related procedural matters for City Council meetings.

16. Prepares legal opinions at the request of the City. 17. Provides the City Council and Staff legal perspectives and advice on various governmental

issues. 18. Represents the City in law suits and other contested administrative proceedings commenced

by or against the City. 19. Performs other legal services and tasks, as assigned by the City Manager or her/his designee.

Expectations 1. The appointed City Attorney attends all regular City Council meetings. Regular meetings are

scheduled for every second, third, and fourth Monday night of most months, from 7:00 p.m. until close, which could typically be around 10:00 p.m. and sometimes later. Executive sessions are typical and can start about an hour before the regular meeting start time. The City Council typically recesses in August and therefore cancels its regular meetings in August. The City Council typically avoids meeting in the second half of December.

2. The City Attorney also attends some City Council special meetings and study sessions. These are scheduled on an as-needed basis. Attendance is determined by the City and is generally requested by the City if there are matters of concern scheduled which could benefit by the City Attorney's attendance. Attendance may be for a portion of or for the entire meeting.

3. When not at City Hall, the City Attorney must be available by phone, cell phone, text, and e-mail.

4. The City puts a high value on the City Attorney and associates in his/her firm being very accessible and timely in responses. Accessibility includes the ability to be generally available to attend meetings in person on short notice and the ability to be reached promptly by telephone.

Contract Term The City anticipates a two-year contract, with automatic annual one-year renewals. Renewal beyond year six (6) of the contract will require Council reauthorization. At any time during the contract, either party may terminate the agreement with sixty (60) days written notice. Contract A copy of the existing contract with Inslee Best is in Attachment B of this RFP. Schedule The City provides the following schedule. This is for information only and will be adjusted as needed.

• RFP Release Date: June 12, 2019 • Pre-Proposal Conference at Kenmore City Hall: Monday, July 8,

2019 at 11:00 am • RFP Submission Due: 4:00 pm on July 22, 2019 • Interviews: First Half of August • Finalist Determined: Mid to Late August • City Attorney Contract Negotiations: Second half of August • City Council Approval of City Attorney Contract: September • Anticipated Start: October 2019

Interview Process Interviews will likely include two panels consisting of several City staff, one or more City Council members, and member(s) of the community. The City Manager may conduct a follow-up interview for selected finalist(s).

How to Respond Please provide ten (10) copies of a written proposal, responding to each inquiry in the order below.

Please attach one set of business cards for your team with the original.

1. Business Statement Submittal Form

Please complete and submit Attachment A. 2. Firm Experience

• Provide a narrative description of the firm. • Describe the general experience of the firm. • Identify other municipal and special district clients. • Identify experience with municipal issues including land use, zoning, growth

management, environmental law, complicated agreements including development agreements and interlocal agreements, franchise agreements, public works, capital projects, personnel, and other municipal specialties.

3. Proposed City Attorney and Team

• Name and describe the attorney(s) and/or team proposed. Clearly identify the lead City Attorney and name assisting attorney(s).

• Provide a resume or similar description for each team member, with considerable attention given to the experience and qualifications of the lead City Attorney and any significant assisting attorney(s).

• Specify the organization structure applicable to this contract, including who the lead City Attorney is, and the relationship of any assisting attorney(s) to that lead City Attorney.

• If specialty attorney(s) or additional resources are available through your firm (in addition to the named team) to meet special or unusual needs, please briefly identify such individuals and specialties as well.

4. Accessibility and Responsiveness

• Identify the accessibility of the proposed designated City Attorney, and the response time that the individual offers to the City. Specifically identify the lead-time required for attending scheduled and ad-hoc meetings. Identify how quickly the City Attorney can arrive in person to attend an unscheduled, urgent meeting.

• Identify the same for any assisting attorney(s). 5. Proposed Fee Structure

• Propose a compensation package, inclusive of all service costs. The City is open to a variety of approaches, including hourly rates or a flat monthly rate with add-ons. The City is receptive to contract offers such as no charge for up to “X” City Council meetings per month, not charging for travel time to meetings at Kenmore City Hall, etc. The City will select the finalist by considering the proposed

compensation as a "best and final offer," although the City reserves the right to negotiate rates and terms as needed to improve elements of the proposal to best meet the needs of the City.

6. References • Provide three references for the lead City Attorney.

o References shall include municipal government experience. o Inclusion of the reference in your proposal is also agreement that the

City may contact the named reference. o The City may contact any companies or individuals, whether offered as

references or otherwise, to obtain information that will assist the City in evaluating the Proposer.

o The City retains the right to use such information to make selection decisions.

o Submittal of a proposal is agreement that the City may contact references.

Evaluation and Selection Evaluation Process The City reserves the right to award the contract to the proposal that best meets the needs and interest of the City. The following steps are anticipated: Step 1: Receipt and review of minimum qualifications Step 2: Review and evaluation of written proposals Step 3: Panel interviews Step 4: City Manager interviews finalist(s) Step 5: Reference and information checks Step 6: Finalize City Attorney contract Step 7: City Council authorizes the City Manager to sign and execute the contract Evaluation of the Written Proposal Written proposals will be evaluated qualitatively according to the criteria below. Those Proposers that meet the minimum qualifications and provide the best written proposal will be invited to interview.

• Experience of proposed designated City Attorney, particularly municipal law experience

• Depth and stability of firm or practice • Attorney(s) knowledge of special municipal legal issues • Cost • Accessibility and r esponsiveness of both City Attorney and assisting attorney(s) • Presentation of the written proposal

• As determined from the written materials and the interactions and discussions during the interviews, overall cultural fit with the City’s organization, including the City’s Service Vision and Values in Attachment E of this RFP.

Contract Negotiations The City of Kenmore reserves the right to negotiate all elements which comprise the apparent successful proposal to ensure that the best possible consideration is afforded to all concerned. City representatives and the selected finalist will review in detail all aspects of the requirements and the proposal. During the review and discussion of the most favorable, apparent successful proposal, the Proposer may offer and the City may consider revisions to the proposal.

Attachment A: Submittal Form Business Statement Please complete and submit with your proposal response. 1. Name of Business:

2. Business Address: 3. Phone: 4. Business Fax: 5. Email: 6. Business Classification (check all that apply):

__________ Individual ________ Partnership _________ Corporation 7. Federal Tax Number (SSN or Federal Tax Number):

8. Name of Owner: 9. Does firm maintain insurance in amounts specified as described in Attachment D of this

RFP: Yes: _____ No: _____

(See proposed insurance amounts and hold harmless/indemnification language for the City Attorney Agreement in Attachment D of this RFP)

If no, describe differences:

Are there claims that are pending against this insurance policy? Yes: ______ No: ______ If yes, describe:

10. During the past five years, has the firm, business, or any attorney in the firm or business, been involved in any (1) bond forfeiture, (2) litigation personally involving the firm, business or any attorney in the firm or business (other than dissolution of marriage), or (3) claims filed with any insurance carrier concerning the firm, business, or any attorney in the firm or business, and/or (4) Bar Association complaints?

If yes, attach an explanation. Yes:______ No: _ 11. Has company been in bankruptcy, reorganization or receivership in last five years?

Yes:_____ No: ___

12. Has company been disqualified or terminated by any public agency?

Yes:_____ No: _____ 13. Has the proposed designated City Attorney practiced municipal law a minimum of 5

years?

Yes:_____ No: _______ 14. Is each proposed attorney accredited and in good standing with the State Bar?

Yes:_____ No: _______ 15. Proposal Offers shall be good and valid until the City completes award or rejections of

quotes. Failure to concur with this condition may result in rejection of the offer. Does the firm accept this condition?

Yes:_____ No: _______

If no, state the desired exception: _, Having carefully examined all the documents of this Request for Proposals, including the scope of work, expectations, instructions and exhibits, the undersigned proposes to perform all work in compliance with the above-named documents, as well as in compliance with all submitted proposal information. FIRM NAME: FID#: Date: Signature: Print Name and Title: ________________________________________________

Attachment B – Current Agreement with Inslee Best for City Attorney Services

Attachment C – Inslee Best Transaction History

Attachment D – Proposed Indemnification/Hold Harmless Language for the City Attorney Agreement

Indemnification / Hold Harmless Consultant shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the Public Entity, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance Term The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the Public Entity’s recourse to any remedy available at law or in equity. Minimum Scope of Insurance The Consultant shall obtain insurance of the types and coverage described below: Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO) form CA 00 01.

Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The Public Entity shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using an additional insured endorsement at least as broad as ISO CG 20 26. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance appropriate to the Consultant’s profession. Minimum Amounts of Insurance The Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Professional Liability insurance shall be written with limits no less than $4,000,000 per claim and $4,000,000 policy aggregate limit. Other Insurance Provision The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Public Entity. Any insurance, self-insurance, or self-insured pool coverage maintained by the Public Entity shall be excess of the Consultant’s insurance and shall not contribute with it. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage The Consultant shall furnish the Public Entity with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before

commencement of the work. Notice of Cancellation The Consultant shall provide the Public Entity with written notice of any policy cancellation within two business days of their receipt of such notice. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the Public Entity may, after giving five business days’ notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Public Entity on demand, or at the sole discretion of the Public Entity, offset against funds due the Consultant from the Public Entity. Public Entity Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Consultant.

Attachment E – City of Kenmore Service Vision and Values

City of Kenmore

SERVICE VISION

Propelling Kenmore Upward:

We create a thriving community

where people love where they

live.

Heston Photography 2013

City of Kenmore

Service Values and Behaviors

Safety

• I emphasize safety in all we do • I seek out safety opportunities in our community • I proactively identify, report, and follow up on safety concerns • I protect the natural and physical assets of our community • I speak up to ensure the safety of others

Integrity

• I walk the talk, modeling what I expect of others • I care about the quality and accuracy of my work • I strive to be fair and honest • I assume good intent in my interactions with others

Courteous

• I am friendly and cordial • I exercise patience • I treat others the way they want to be treated (the Platinum rule) • I go out of my way to help

Proactive

• I seek to know, understand, and anticipate the needs of the community and individuals I serve

• I exceed expectations others have of me • I model an aspirational, “can do” attitude • I find ways to make it easier for people to do business with us • I seek continuous improvement and innovation

Collaborative

• I invest the time to build relationships of trust with others • I build on the strengths and diversity of our community • I share the information others need, making it easy to access • I pitch in to support others, providing resources needed for

success • I pull down silos and bring people together

04/2019