Request for Proposal. General Counsel Services. Santa Rosa Regional Resources Authority

Transcription

1 Request for Proposal General Counsel Services Santa Rosa Regional Resources Authority

2 Santa Rosa Regional Resources Authority REQUEST FOR PROPOSAL Purpose... 3 Instructions to Proposers... 3 Background... 3 Scope of Work... 4 Proposal Criteria...5 Selection Process

3 P U R P O S E The Santa Rosa Regional Resources Authority (SRRRA) is seeking to contract with an experienced municipal law firm to serve as its general counsel. SRRRA invites interested firms with a minimum of 10 years of public law experience representing joint powers authorities, wastewater service districts, water agencies, special districts, cities or other local governments to submit a written proposal to provide general legal services. The Authority is considering a three (3) year contract for the General Counsel legal services with two (2) optional one (1) year extensions subject to periodic review, satisfactory negotiation of terms, and the concurrence of the Authorities Board of Directors. I N S T R U C T I O N S T O P R O P O S E R S All proposals must be received by no later than 5:00 pm on March 1, All sealed proposals must be clearly marked in the lower left-hand corner RFP General Counsel Services - SRRRA. 1 PDF digital copy and 3 hard copies of the RFP must be delivered to: Richard R. Aragon, Administrator/Secretary-Treasurer PDF: aragonr@ranchowater.com Santa Rosa Regional Resources Authority Winchester Road Temecula, CA Please submit any questions via to Richard Aragon at aragonr@ranchowater.com by February 19, Responses to questions will be sent out to all proposers by February 24, Staff will review the proposals for responsiveness, understanding of the work, detailed scope of work, and project team. Interviews, if conducted, will be with those firm members named in the proposal as having direct project involvement. B A C K G R O U N D The SRRRA is a newly formed Joint Powers Authority formed by Elsinore Valley Municipal Water District (Elsinore), Rancho California Water District (Rancho), and Western Municipal Water District (Western) to perform all functions for the treatment and disposal of wastewater from its member agencies, including the acquisition, construction and financing for capital projects. It held its first Board meeting on December 11 th, The Authority s service area encompasses all three districts but focuses on those areas delivering flows to the Santa Rosa Wastewater Reclamation Facility (SRWRF) in Murrieta. The SRWRF is the only treatment plant governed by SRRRA and is the current and expected focus of its efforts. The SRWRF is currently owned and operated by Rancho, and is to be purchased by SRRRA upon successful completion of acquiring the necessary debt financing. SRRRA is currently applying for funding with the State Revolving Fund loan program (SRF) for such financing in addition to applying for funding for an anticipated major rehabilitation project of the SRWRF. The SRRRA is governed by equal vote by a three-member Board of Directors who are appointed by their respective agencies, with a member and alternate member representing each agency. The SRRRA is located in the southwestern part of Riverside County, which includes the City of Temecula, portions of the City of Murrieta, and other contiguous land in the unincorporated territory of the County of Riverside. Included for reference to provide context on legal structure and the organizational and operational framework of SRRRA are the following documents: 1. Joint Exercise of Powers Agreement between the Member Agencies (Exhibit A) 3

4 2. Operations, Maintenance, and Administration Agreement between SRRRA and Rancho (Exhibit B) 3. Facilities Acquisition Agreement between SRRRA and Rancho (Exhibit C) 4. Land Lease Agreement between SRRRA and Rancho (Exhibit D) 5. Resolution Regarding Formation of an Executive Committee (Exhibit E) Scope of Work: Although the following list is not intended to be exclusive, Legal Counsel is expected to provide the services listed on the following page: Provide legal advice and assistance in closing transaction pursuant to the Facilities Acquisition Agreement ( Exhibit C) Advise the Board of Directors and staff on issues related to wastewater and water law, laws regarding joint powers authorities, contracts related to providing services, and labor law. Advise the Board of Directors and staff on commencement or defense of litigation, and litigate such as issues as directed. Advise the Board of Directors and staff on the Brown Act, parliamentary procedures for running meetings, and public official conflict requirements. Provide legal advice to staff including alerts on any changes that will impact SRRRA. Prepare and/or review all ordinances, resolutions, contracts, joint power agreements and other agreements entered into by SRRRA. Research and interpret laws, court decisions and other authorities in order to prepare legal opinions to advise Board of Directors and staff on legal matters pertaining to SRRRA interests. Recommend for approval Special Counsel from time-to-time, on matters customarily warranting such need by reason of special expertise. Enforce all ordinances and regulations through administrative and judicial actions as requested by the Board of Directors. Attend Board and Executive Committee meetings as requested, including review of draft agenda items. It is anticipated in the first year that monthly meetings will be conducted and then less frequently (quarterly) thereafter with the exception of special meetings from time to time. Executive Committee meetings are anticipated to normally be held immediately following Board meetings. Return all phone calls and s from Board of Directors and Executive Committee within a reasonable amount of time. Advise on individual labor and employment matters. Advise on government grant and contract issues. Advise on responses to subpoenas, court orders, and requests for information from third parties. Defend lawsuits, administrative claims, or other legal claims. Provide consultation and prepare required legal notices at the direction of the Chair of the Board of Directors. Provide assistance in responding to public records requests. 4

5 Minimum Qualifications: Firm must be admitted to practice in the State of California and in good standing with the California Bar. Firm must have at least 10 years public law experience representing joint powers authorities, wastewater service districts, water agencies, special districts, cities or other local governments. Demonstrated legal expertise in the following areas as it relates to joint powers authorities, special districts, and municipal governments: i. Laws and regulations governing California Special Districts, such as the California Government Code, Ralph M. Brown Act, Public Records Act, Political Reform Act, General Municipal Law, and California Water Code; and operating procedures relative to the conduct of joint powers authority business. ii. Experience and knowledge of Public Contracting Code, Labor Code and other California statutes governing the procurement process including bidding, awarding, contracting and construction of public works and improvements. Understanding of Federal and State Budgeting process whereby various funds are authorized and appropriated. iii. Experience in public employment labor laws and litigation experience iv. Environmental laws including: California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA). v. Contracts, memorandums of understanding, including risk transfer provisions. vi. Preparation and review of ordinances and resolutions vii. Real estate law, easements, rights-of-way, and other related agreements and negotiations. viii. Other relevant areas pertaining to joint powers authorities, special district, water/wastewater districts or municipal law. P R O P O S A L C R I T E R I A ix. Firm must maintain an office in Southern California that is open during regular business hours. In addition, Firm must be able to attend all Board of Directors and Executive Committee meetings, and be available to provide legal assistance to the Authority on a 24-hour basis. All proposals must include and will be based on the following criteria: 1. A detailed scope of services that reflects the firm s understanding of the SRRRA s requirements. 2. A description of the firm s current work load and the ability to perform work required in a timely manner. 3. A full description of any areas of possible conflict of interest, including present and likely prospective matters, and to the extent not violate of attorney client privilege, the parties with whom such conflicts presently exist or may likely arise. 4. The location of the firm s office(s) and the location of the primary staff to be assigned to this contract. 5

6 5. Personnel Qualifications: The proposal shall identify the attorney who will perform services as District General Counsel and support staff to be assigned to the District and include General Counsel and staff s qualifications, training, and certifications to perform services. 6. List of Clients: The firms shall provide a list of current and past public-agency clients, which the firm represented in water-related proceedings and/or as general counsel (please include client contact names and phone numbers). For each client listed include a brief description of the services provided. 7. Fee Proposal: Responding firms should provide a fee proposal listing the hourly billing rates for each attorney that will be assigned to the contract. The fee proposal should also list hourly billing rates for Paralegal, Legal Assistant, and clerical and administrative support services. Indicate increment of billing time associated with billing by hourly rate. The fee proposal shall include an estimate of all non-litigation fees to be charged in the first year for anticipated reasonable and typical work and for the subsequent two years. A not-to-exceed threshold may be requested in negotiations upon review of proposals. Such a not-to-exceed threshold would be subject to change upon justification and approval by the SRRRA Board of Directors. 8. Sample Contract: Provide a sample contract that the firm proposes to use for this engagement with the insurance requirements listed below. SELECTION PROCESS Evaluation of Proposals: Proposals will be evaluated based on the following: I. Relative experience of the firm in providing legal services for joint powers authorities, wastewater service districts, water districts, or other public entities, and in providing services similar to those listed. II. Thoroughness of the proposal. III. Ability of the firm to meet the needs of the SRRRA. IV. Costs of services. The evaluation process will be directed primarily at those capabilities and advantages clearly shown in the written proposal; however, the District may request any or all firms to make oral presentations during the evaluation process. The top firm(s) will be contacted and interviewed by a panel or by the Board no later than the week of February 22nd. Additional information may be requested from top ranking firms and the SRRRA reserves the right to select a firm that will best serve the needs as determined by the Board of Directors and Executive Committee. MISCELLANEOUS a) There is no expressed or implied obligation for the SRRRA to reimburse responding firms for any expenses incurred in the preparation, submission or presentation of proposals in response to this request. b) No Commitment to award: Issuance of this RFP and receipt of proposals does not commit SRRRA to award a contract. SRRRA reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP. 6