REQUEST FOR PROPOSALS LEGAL COUNSEL. Issuance Date Monday, November 6, 2017

Transcription

1 REQUEST FOR PROPOSALS LEGAL COUNSEL Issuance Date Monday, November 6, 2017 Submittal Deadline Thursday, November 30, 2017

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3 TABLE OF CONTENTS Section Page Number I. Proposal Overview... 5 II. Proposal Timeline... 5 III. Agency Profile... 6 IV. Anticipated Projects and Terms of Agreement. 6 V. Scope of Services.. 6 VI. Proposal Requirements VII. Evaluation and Selection... 9 VIII. Other Proposal Information.. 9 IX. Contact Information MARIN LAFCO 3

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5 I. Proposal Overview The Marin Local Agency Formation Commission (LAFCO) is requesting proposals from qualified firms and individual attorneys to enter into a contract to provide legal representation to the Commission and its staff and serve as Commission Counsel as provided under Government Code Section 56384(b). The successful firm or individual should be familiar with the function and purpose of LAFCOs and knowledge of the Cortese-Knox-Hertzberg Local Government Reorganization Act of The successful firm or individual should also have expertise in public agency law including experience in administrative, transactional and litigation matters, statutory compliance, contracting, environmental issues (CEQA), personnel and employment, land use, planning and zoning law and other legal issues routinely faced by public agencies. Ideally, the firm or individual should have experience in advising public officials, administrators, and employees on the complex and frequently changing laws pertaining to local government administration, organization, and regulation. Experience and expertise in open meeting requirements (the Brown Act), records requests (the Public Records Act), ethics and conflicts of interest, and intergovernmental relations is essential. Marin LAFCO s current Commission Counsel is an appointee from the County of Marin County Counsel s Office. This current arrangement has served Marin LAFCO well but increasingly subject to conflict and in particular perceptions therein, and as such an outside Commission Counsel appointment is desired. Commission Counsel will report directly to the Commission with the expectation the firm or individual successfully partner with the Executive Officer in proactively meeting the needs of Marin LAFCO. Payment for legal services will be based on an approved hourly rate. It is expected the average monthly demand on Commission Counsel will range from 10 to 15 hours. Key duties include, but not limited to, regularly consulting with staff, reviewing agenda materials, preparing resolutions, approving contracts, and as needed attending regular and special meetings of Marin LAFCO. Firms or individuals, are encouraged to incorporate the monthly hours in the cost option in their submitted proposal. II. Proposal Timeline Responses to this Request for Proposal (RFP) must be submitted in writing and received by Marin LAFCO no later than 5:00 p.m. pacific standard time (PST) on Thursday, November 30 th. No changes or adjustments to the deadline shall be made without a written addendum to this RFP signed by the Executive Officer and circulated to all respondents. Proposal submittals by are encouraged and should be directed to the Interim Executive Officer Rachel Jones at rjones@marinlafco.org. An outline of the proposal timeline s key dates follows. MARIN LAFCO 5

6 Action Dates RFP Issued Monday, November 6, Deadline for Questions Monday, November 13, Deadline for Responses Friday, November 17, 2017 Deadline to Submit Proposals Thursday, November 30, 2017 Interviews with Selected Candidates Week of December 4-7, 2017 Contract Award Thursday, December 14, 2017 Start Date Tuesday, January 2, 2017 * Interviews may be conducted in person or by video conferencing and at the preference of the firm/individual. (Interview type will have no effect on the award.) * Marin LAFCO reserves the right to adjust this timeline as it deems necessary. Notification of adjustments to the timeline shall be provided to all respondents. * Marin LAFCO reserves the right to award a contract, to modify the scope of services required as necessary, and to accept or reject any or all submittals received as a result of this RFP. III. Agency Profile Marin LAFCO is a regional service planning subdivision of the State of California and delegated regulatory and planning powers in matching municipal services with community needs. This includes managing governmental boundary lines by approving or disapproving proposals involving the formation, expansion, consolidation, or dissolution of cities, towns, and special districts. Marin LAFCO also regularly conducts studies to evaluate the level and range of local governmental services in step with informing its regulatory duties. In all, Marin LAFCO has explicit jurisdiction over 65 local governmental agencies divided between 6 cities, 5 towns, 30 independent special districts (i.e., directly elected board members), and 24 dependent special districts (i.e., appointed board members from other governmental agencies). Decision-making at Marin LAFCO is directly vested with the 11-member Commission. The Commission is divided between seven regular voting members and four alternate voting members. Representation on the Commission is also divided between four distinct appointee categories: (a) three appointees from the County of Marin, (b) three appointees from the cities/towns, (c) three appointees from the independent special districts, and (d) two appointees from the general public. State law specifies all Commission members shall exercise their independent judgment on behalf of the interests of the public as a whole and not on behalf of their appointing authorities. MARIN LAFCO 6

7 IV. Anticipated Projects As required by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Marin LAFCO processes boundary change proposals for cities and special districts in Marin County and regularly updates municipal service reviews and spheres of influence for each agency under its authority. Marin LAFCO s legal services have traditionally been confined to a relatively ask-need basis with minimal envelopment in LAFCO processes. As Marin LAFCO s role expanded over the last several years in the County, the Commission has received more complex change of organization proposals, property tax agreements, and studies that specialized assistance is of need. V. Scope of Services and Terms of Agreement Legal services rendered to Marin LAFCO would include: Serve as Commission Counsel and representative in all Commission matters, including litigation and administrative proceedings as necessary; Provide general legal advice to the Commission or the Executive Officer when requested typically on matters of general municipal or administrative law, including CEQA and on matters relating to the Cortese-Knox-Hertzberg Act or in case law specifically involving local government boundaries or organization in California; Serve as on-call counsel to the Commission and attend all LAFCO meetings (typically bimonthly); or when special counsel is requested; Attend in-person meetings with the Executive Officer and/or Commission committees when required or maintain telephone and contact as needed; Review and comment upon bi-monthly agendas, staff reports, resolutions, correspondence, administrative policies and other documents prepared by LAFCO staff as requested and in a timely manner; Prepare legal opinions on specified issues; Prepare and or review contacts and indemnification agreements on request; Prepare occasional reports and present information at public hearings and represent the Commission as counsel during meetings. MARIN LAFCO 7

8 Marin LAFCO s Term of Agreement is as follows: The term of the proposed agreement shall be for two years, with two (2) options to extend the agreement with each extension covering two years. VI. Proposal Requirements All proposals must be submitted in writing and received by Marin LAFCO no later than 5:00 p.m. PST on Thursday, November 30 th. submittals are encouraged and should be directed to Interim Executive Officer Rachel Jones at rjones@marinlafco.org. Mailed or hand-delivered submittals are also welcome at Marin LAFCO s Administrative Office at 1401 Los Gamos Drive, Suite 220, San Rafael, California All written proposals should address the following information. Provide a proposed engagement letter outlining the key components of the proposal. This includes highlighting the scope of work to be provided along with the associated costs. The letter shall also specify the proposal remains valid for at least 90 days following the proposal submission deadline. The letter must state whether a possible conflict of interest exists and, if do, the nature of the conflict. Describe the firm or individual description and summary of qualifications. This includes identifying type of business (i.e., individual, corporation, etc.), years in business, and office location(s). This portion of the proposal shall also address the firm s experience and qualifications relative to the prescribed goals, objectives, and requirements listed in this RFP. Detail the qualifications for scope of services. This includes identifying the firm or individual s particular qualifications in providing legal assistance for Marin LAFCO s prescribed goals, objectives, and requirements listed in this RFP. Provide related work experiences and references in with legal issues and practices described under Section (I) above. Succinctly identify no less than three (3) examples of legal analysis or other service relating to local government boundaries or land use planning in California. Provide a list of at least two (2) client references. The reference list must include the client name, location, website address, and contact person with phone number and address. Marin LAFCO will provide advance notice should it proceed to make reference calls. Outline rate and fee schedule. This includes estimating a rate or retainer for all proposed services that would be the basis for invoices during the course of this contract. All hourly rates, fees, and reimbursable costs must be clearly stated. Identify billing preferences. MARIN LAFCO 8

9 VII. Evaluation and Selection The Commission s Policy Committee will screen all proposals submitted to Marin LAFCO for completeness relative to the RFP requirements. The highest ranked candidates will be invited to interview in person or by video conferencing with the Policy Committee at no cost to Marin LAFCO during the week of TBD. The evaluation will be based factors enumerated below. No one factor shall be determinative. Expertise and experience of the law firm and key individual(s). This includes the firm s experience in comparable government engagements as well as the depth of the professional personnel to be assigned to the engagement. Greater preference in the selection process will be given to proposing firms or individuals with LAFCO knowledge and understanding. Availability of appropriate professional(s) as needed. Clear, concise and thoughtful responses to specific requirements of the solicitation Proposed Costs Interview / Ability to Effectively Describe Proposal and Respond to Questions References The Policy Committee will recommend an appointee to the Commission for formal approval. VIII. Other Proposal Information Questions All questions seeking clarification on the RFP must be received in writing no later than 5:00 p.m. PST on Monday, November 13 th. Responses to submitted questions will be prepared by Marin LAFCO and sent to all respondents no later than 5:00 p.m. PST on Friday, November 17 th. All questions should be ed to Interim Executive Officer Rachel Jones at rjones@marinlafco.org. Agreement The selected firm or individual s proposal will become part of the agreement. Price quotations and other time dependent information contained in any proposal shall remain firm for a minimum of 90 days from the proposal submission deadline. MARIN LAFCO 9

10 Property of Marin LAFCO All proposals received will become the property of Marin LAFCO and will not be returned. Marin LAFCO reserves the right to copy the materials for internal evaluation purposes. Collusion Among Respondents In submitting a proposal, the firm or individual, certifies that it is not party to any collusive actions relating to this RFP. Exceptions A firm or individual taking exception to any part of this RFP shall indicate such exceptions in a separate section of their submitted proposal. Failure to indicate any exception will be interpreted as the firm or individual s intent to comply fully with the requirements of this RFP as written. Expenses Incurred There is no expressed or implied obligation for Marin LAFCO to reimburse proponents for any expenses associated with responding to this RFP. Withdrawal of Proposal Consultants may withdraw all or portions of their proposal up to the ratification of a contract between Marin LAFCO and the selected firm. A withdrawal request must be signed by the proponents duly authorized representative and sent to the Executive Officer. Withdrawal of RFP Marin LAFCO retains the right to withdraw, modify, or amend this RFP at anytime. IX. Contact Information All questions and related inquiries to this RFP should be addressed to the following contact: Rachel Jones, Interim Executive Officer 1401 Los Gamos Drive, Suite 220 San Rafael, California T: Main T: Direct E: rjones@marinlafco.org MARIN LAFCO 10