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HomeMy WebLinkAbout03-09-1999 Attorney screeening staff reportSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE March 9, 1999 CITY MANAGER: ORIGINATING DEPT. City Manager DEPT. HEAD: Larry I. Perlin SUBJECT: Contract City Attorney Screening/Selection Criteria RECOMMENDED MOTION(S): REPORT SUMMARY: Attached is a copy of the Request for Qualifications for Contract City Attorney that was provided to interested parties, for your information. FISCAL IMPACTS: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A FOLLOW UP ACTIONS: N/A ATTACHMENTS: Request for Qualifications City of Saratoga Request for Qualifications for City Attorney (Contract) The City of Saratoga is requesting statements of interest and qualifications from individuals and firms to serve as City Attorney on a contractual basis. Qualified individuals and firms who are interested in this opportunity should respond to this Request as set forth below. THE CITY The City of Saratoga is located in the west valley area of Santa Clara County. Incorporated on October 22, 1956 as a basic service City, Saratoga today encompasses approximately 12.5 square miles of area and a population of roughly 30,000. Saratoga operates as a General Law city with a Council -Manager form of government. The five members of the City Council are elected at large and serve overlapping terms. The Council appoints one of its members to serve as Mayor for a one year term. The Council also appoints the City Manager, the City Attorney, and members of seven advisory commissions (Finance, Heritage Preservation, Library, Parks & Recreation, Planning, Public Safety, and Youth). The City's land use consists primarily of low to medium density residential development, with less than five percent of the land devoted to commercial and other uses. Because of its desirable location in the foothills overlooking Silicon Valley, coupled with its natural beauty, the community has struggled to preserve a rural, village -like character over time. Consequently, many of the issues which have generated considerable debate and interest over the years revolve around land -use and environmental concerns. The City employs a staff of approximately 50 full-time employees assigned to one of five departments (Administrative Services, City Manager, Community Development, Public Works, and Recreation). The City's total budget is around $12 million, roughly half of which is contained in the General Fund. Currently, the budget for the City Attorney is $150,000, which includes $100,000 for general legal services and $50,000 for litigation services. As a basic service city, Saratoga either contracts for many of the services it provides, e.g. police services through the Santa Clara County Sheriff, solid waste, animal control, etc.; or oversees the provision of services through another governmental agency, e.g. fire protection, sanitation, flood control, etc. Historically, City Attorney services have been provided on a contractual basis. THE POSITION The City Attorney's primary responsibility is to serve as legal counsel for the City. In this capacity, the City Attorney provides advice and legal counsel to the City Council, City Manager, City Commissions and staff. The City Attorney performs legal research and renders legal advice and opinions on a wide variety of municipal issues as directed by the City Council or as deemed appropriate by the City Attorney. The City Attorney also assists the City Council and City Commissions in complying with California's Open Meeting Act (Brown Act) requirements, and provides guidance on conflict of interest and Political Reform Act matters. Additionally, the City Attorney is responsible for managing litigation in which the City is involved, both as Plaintiff and Defendant. In providing litigation services to the City, the City Attorney prosecutes violations of the City's Municipal Code seeking restitution for and relief from damages incurred by the City; represents and advocates for the City in Court and in other judicial and regulatory proceedings; negotiates settlements of lawsuits under terms defined by the City Council; and coordinates prosecution and defense of legal actions with outside expert counsel retained by the City as necessary. The City Attorney is also expected to work closely with the City Manager, City Clerk, and senior City staff in the development and implementation of policies adopted by the City Council. The City Attorney must be easily and readily accessible to the City Council and City staff during normal business hours, and is expected to maintain a consistent schedule of office hours at City Hall of between 4-8 hours per week. In performing these duties, the City Attorney must possess thorough knowledge and experience in the following subject areas as they relate to the practice of municipal law: • California Government Code statutes (Brown Act, Political Reform Act, Proposition 218) • California Elections Code statutes • California Planning, Zoning and Land Use law (California Environmental Quality Act, Permit Streamlining Act, Subdivision Map Act) • California Labor Code statutes and Employment law (Fair Labor Standards Act, Family and Medical Leave Act, Meyers-Milias-Brown Act, Americans with Disabilities Act, California Workers Compensation law) • Real Estate law (acquisitions, condemnations, Eminent Domain proceedings) • California Public Contract Code statutes • California Revenue & Taxation Code statutes • California Streets & Highways Code statutes (Assessment District law) • California Vehicle Code statutes • California Health & Safety Code statutes • California Public Utilities Code statutes (including federal Telecommunications Act of 1996 statutes) SUBMITTAL REQUIREMENTS Qualified individuals and firms who are interested in responding to this Request must submit 15 copies of a Statement of Qualifications which shall include the following: • Background information about the individual or firm, including areas of specialization and experience in providing legal assistance to public sector clients • Biographical information (resumes) of the individual or, in the case of a firm, the individuals in the firm who would be available to provide services to the City • Information about how services which could not be directly provided by the individual or firm would be provided (e.g. labor relations) • A listing of public sector clients to whom services are or have been provided • Seven references from public sector clients to whom services are or have been provided • A current fee schedule • Information about how legal costs are monitored and controlled to ensure services are provided in as cost effective manner as possible Responses to this Request shall be mailed or delivered to: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Larry I. Perlin, City Manager Responses to this Request must be received by: March 5, 1999. Questions about this Request may be directed to Larry I. Perlin, City Manager, at (408) 868-1213.