City Council Meeting - FINAL

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Meeting Date: 07/06/2021  

Consideration and Approval of Multiple Contracts:  On-Call Legal Services Contracts.
Award contracts for "On-Call Legal Services" to the following eight (8) firms, and authorize the City Manager to execute the necessary documents:
  1. Coppersmith Brockelman;
  2. Dickinson Wright;
  3. Gust Rosenfeld;
  4. Hufford, Horstman, Mongini, Parnell and Tucker;
  5. Jackson Lewis;
  6. Jones, Skelton and Hochuli;
  7. Struck Love Bojanowski and Acedo;
  8. TSL Law Group
Executive Summary:
The City, on occasion, has the need to utilize an outside law firm based on the specific areas of expertise of the selected firms and the number of anticipated situations where outside legal services will be needed.  Award of these "On-Call Legal Services" contracts will allow for more timely legal services to be provided. 

In lieu of attaching eight (8) separate contracts representing each Firm, a sample professional service contract is attached to the staff summary that will be used for each of the Firms upon approval by council. The term of the contract for each Firm is for two (2) consecutive years, with an additional two (2) year optional renewal thereafter.
Financial Impact:
Awarding multiple Contracts based on specific areas of qualifications and experience on an as needed basis will result in increased efficiency.  Award of these on-call legal services contracts does not obligate the City to utilize a particular firm's services or to assign a minimum number of cases to any of these firms.
Policy Impact:
The City will require assistance under these contracts in the continued application of current policy and consideration of legal impacts of potential policy changes. 
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
All Priority-Based Budget Key Community Priorities and Objectives may require outside legal counsel in the future dependent on the particular topic.

Regional Plan
The Regional Plan also may require assistance from outside legal counsel in the future dependent on the particular topic.
Has There Been Previous Council Decision on This:
Yes. On June 16, 2015, Council approved multiple on-call legal services contracts for an initial three (3) year contract term, with an additional two (2) year extension.  The award of multiple on-call Contracts, based on qualifications and experience in various areas of expertise, proved to be very beneficial to the City in situations where outsourcing was necessary to utilize an outside firm's expertise with regard to a particular subject matter.
Options and Alternatives:
1.  Approve the multiple Contract awards as recommended.
2.  Approve a smaller number of Contracts.
3.  Reject the On-Call Legal Services contract and re-advertise.
The City Attorney's office handles and manages a significant number of projects, which span a wide spectrum of size and complexity.  The selection of professional services such as this is typically a qualifications-based process that can consume significant staff time and take several months to complete.  To improve efficiencies, the City Attorney's office will utilize these on-call legal services contracts for expedited selection.  There is an ongoing need for legal services related to specific areas of expertise.

The City's Purchasing Section conducted a Request for Proposals (RFP) process and a total of eight (8) proposals were received.  An evaluation committee evaluated the proposal responses according to the following evaluation criteria: 

1. Experience, qualifications and demonstrated areas of expertise;
2. References and reputation;
3. Conflicts of interest and perceived conflicts of interest;
4. Qualifications of staff attorneys;
5. Past performance in City of Flagstaff matters;
6. Price/Fee structure.

After completing the evaluation process, the evaluation committee determined that it would be in the best interest of the City to award multiple on-call Contracts.  The on-call legal services Contract allows for an initial two (2) year term, with the option to extend the Contract for an additional two (2) year period upon mutual agreement from both parties.  None of the awarded contracts guarantee any case or that any minimum number of cases will be assigned to that firm.  The City selects firms on a case-by-case basis, based upon the needs of the City in a particular legal matter.
Key Considerations:
On-call legal services contracts will allow the City to react more quickly to legal issues as they arise and will save considerable time for all parties involved.  The legal firms are relieved of many hours of proposal preparation and interview time, along with related expenses.  The City saves the cost of multiple legal advertisements and staff time and related soft dollar costs for conducting a formal solicitation process for each separate project where outside legal services are required.
Expanded Financial Considerations:
Community Benefits and Considerations:
Enhanced protection of the City's interests in various types of legal matters.
Community Involvement:
Not applicable.
Expanded Options and Alternatives:
Professional Service Agreement


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