The city of Escanaba is looking for a new municipal lawyer. John Bergman announced last week that he was stepping down. The city therefore sent yesterday a request for proposals for lawyers interested in the position. To be eligible, you must have at least three years of experience representing municipal governments. Any interested lawyer or firm must submit their proposal to City Manager Patrick Jordan by January 28.e. Details are shown below:
Request for Proposals (RFP) from the city of Escanaba for the city prosecutor
The city of Escanaba wishes to enter into a contract with a lawyer or a law firm to exercise the functions of municipal lawyer. The city invites interested attorneys and / or firms with at least three years of experience in municipal law, representing municipal or other government entities in the State of Michigan, to submit a written proposal to provide municipal attorney services. .
The city attorney, or the attorney’s office, is expected to provide a wide range of legal services to the city. The city attorney is appointed by and reports to the city manager, but works closely with the city council, the mayor, the city manager and city staff. The municipal prosecutor is a key member of Escanaba’s management team.
Qualified attorneys and / or law firms are welcome to submit a proposal in accordance with the requirements and conditions set out in the tender. Submissions should be addressed to:
P.O. Box 948
Escanaba, MI 49829
Eight copies of the proposal are due to the CEO no later than 4 p.m. on January 28, 2022.
Questions regarding the RFP should be directed to Patrick Jordan, Managing Director, at [email protected] or by calling 906.786.9402.
Notice to respondents:
The City of Escanaba reserves the right, without reservation, to:
ï· Select or reject one or all of the proposals.
ï· Exercise discretion and apply judgment in the selection or rejection of any proposal submitted.
ï· Negotiate the specific terms and conditions contained in any proposal, including fees and prices.
Content of the proposal:
Proposals should provide a simple and concise sum of qualifications sufficient to meet the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Responsiveness will be a primary consideration throughout the assessment process. Indirect, imprecise or incomplete answers will only serve to disadvantage a candidate. City Council requires that all proposals contain the following:
Summary of experience and qualifications:
1. Describe the nature of your law firm’s practice and your qualifications to provide municipal attorney services to the city of Escanaba.
2. Provide a chronology of professional employment for each person who will be appointed to perform the duties of the city prosecutor, as well as for any other person who may be involved in the provision of legal services to the city of Escanaba.
3. Provide the overall capabilities, qualifications, training and areas of expertise of each of the directors, partners and associates of the law firm, including the length of employment of each person and their area of ââspecialization for the persons. involved in the mission.
4. For the person you are proposing to appoint as municipal prosecutor, and for each person you are proposing to appoint as an assistant or support counsel for special services or alternates, please provide the following:
a. Legal education and years of practice (including date of admission to the Michigan Bar.)
b. Years of practicing municipal or other local public sector law as a full-time local government lawyer and / or in a private law firm specializing in representing government entities.
vs. Knowledge of and experience with Michigan municipal law or other public sector or redevelopment law experience including sale of land
and purchasing operations.
D. Types of clientele represented and years representing each.
e. Experience in litigation and demonstration of a good legal record. Cite examples of municipal litigation experience.
F. Experience, knowledge and practice of the law representing chartered cities in the field of land use planning and development, environmental law, general plans, real estate, application of the code and others related laws.
g. Experience in the field of contracts and franchises.
h. Experience in preparing and reviewing ordinances and resolutions for charter cities.
I. Experience in public sector personnel issues and union negotiations.
j. Experience in municipal businesses, including water, sewage, electricity and garbage.
k. Experiences in the area of ââMichigan open meetings law and requests for public recordings.
L. Planned office location and accessibility to the city of Escanaba.
mr. School distinctions and professional affiliations.
nm If the defendant firm, or one of its lawyers, has already been sued for professional misconduct, or has already been the subject of a complaint lodged with the state bar, or has already been sanctioned by the bar of State, please provide information on the nature of such incidents, including dates and final decision.
Summary of the method of execution:
1. Describe how you would establish, develop and maintain an effective working relationship with the city council, the mayor, department heads,
and municipal staff.
2. Define the standard timelines for the municipal attorney to respond to requests or inquiries from the mayor, council or staff.
3. Describe the staffing of your office and include any personnel changes you would suggest for your firm, should you be awarded the contract to provide legal services to the City.
4. Describe the systems proposed for the monthly communication of the status of outstanding cases. The City of Escanaba will require a billing methodology that identifies the specific task, the lawyer performing the task, and the time charged for the task.
Identification of conflicts of interest:
1. Please list all current or former clients with an interest in a business located within the city limits of Escanaba.
2. Please list any cities and other public customers for which you or your company currently provide or have provided services for a fee or
3. Please identify any conflict of interest, or potential conflict of interest, that may arise as a result of your role as municipal attorney. In the event that such conflicts or potential conflicts exist, please describe how you would propose to resolve such conflicts.
The city attorney will be required to provide legal services in accordance with a fixed monthly fee, with special services provided at an agreed hourly rate. Currently, union negotiations are considered special services and are billed at an hourly rate, outside of the service agreement. All other work is performed under the service agreement.
Respondents should offer monthly fees and specify what services will be covered by these fees. Respondents should further identify any services that will not be covered by the down payment and specify the hourly rate for such work, as well as any other applicable fees or charges.
The city attorney will be required to attend all regular city council meetings. Virtual or telephone presence will be at the discretion of the mayor. There are generally two (2) City Council meetings each month, held on the first and third Thursday at 7:00 p.m. Participation in special meetings will be at the discretion of the mayor.
The prosecutor should occasionally attend board, commission, staff and committee meetings, and should meet with staff and department heads as needed.
The attorney is required to provide written opinions on legal matters affecting the City.
The attorney reviews, prepares and negotiates a variety of contracts and agreements on behalf of the City.
The lawyer performs legal work, including preparing documents, relating to property acquisitions, property transfers, public improvements, easements, right-of-way abandonment and related matters.
Provide legal advice regarding the application of city codes, zoning regulations and building standards through administrative and legal actions.
Monitoring of pending and pending state and federal laws and court decisions, if applicable.
The Lawyer represents the City in litigation and defends the City against all claims or legal challenges.
The lawyer represents the City in all bankruptcy cases for which the City has pecuniary claims.
The attorney represents the City in collective negotiations with the City’s six bargaining units. This work is currently performed outside of the service contract.
Please identify any work that you would offer to bill on an hourly basis, outside of the service agreement.
Assessment and selection:
Proposals will be reviewed and finalists will be selected by the mayor and / or the subcommittee appointed by the mayor. By examining the proposals, the City
will carefully consider the following:
a. The depth and breadth of experience and expertise in the practice of law, particularly in the areas most commonly encountered in municipal government operations;
b. Ability to provide legal services quickly and in a manner that allows city council and staff to meet established deadlines and operate effectively and efficiently;
vs. Degree of availability for rapid response to inquiries resulting from daily questions or operational issues;
D. Degree to which firms and individual lawyers stay current through continuous professional development and active communication with practitioners in the field of municipal law;
e. Communication skills;
F. Cost of services; and
g. Other qualifications / criteria deemed appropriate by the city council.
The mayor and / or the mayor’s subcommittee will interview candidates, negotiate terms and recommend a final selection to city council.
City council will make the final appointment in conjunction with approving an agreement for legal services. Services to the city of Escanaba are
is expected to start on or around March 1, 2022.