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Request for Proposals for Professional Legal Services |
| by Downtown Schenectady Improvement Corporation - 03/07/2009 |
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| "The Downtown Schenectady Improvement Corporation (DSIC) is seeking to retain a law firm(s) or attorney(s) to act as legal counsel" |
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The Downtown Schenectady Improvement Corporation (DSIC) is a not-for-profit corporation that is responsible for administering, managing and executing the activities, functions and operations of the City of Schenectady’s Downtown Special Assessment District (DSAD). The primary purpose and function of both the DSIC and DSAD is to promote Downtown chenectady as a premier location for commerce, recreation and residence by enhancing, facilitating and supporting economic and cultural growth. The principal activities and functions of the DSIC include the development, implementation, management and operation of sidewalk cleaning and beautification programs within the DSAD and the development, implementation and management of business promotion and marketing programs and activities designed to attract, promote and retain business in Downtown Schenectady. The primary sources of funding for these programs are derived from special assessments collected from the City of Schenectady from the DSAD and grant funds received from the Schenectady Metroplex Development Authority and other entities. The DSIC also manages the Downtown Schenectady Façade Improvement Program pursuant to a separate grant agreement with the Schenectady Metroplex Development Authority. In addition, the DSIC works cooperatively with other agencies and organizations to undertake activities and initiatives designed to enhance the overall environment and economic viability of Downtown Schenectady; these initiatives and activities also involve shared funding, additional grant monies or other similar resources.
Purpose of Request for Proposal
The DSIC is seeking to retain a law firm(s) or attorney(s) to act as legal counsel for the DSIC and DSAD. To receive consideration responses to the RFP must be submitted to
the DSIC by 5:00 PM, Wednesday, March 11, 2009. The Executive Director of the Downtown Schenectady Improvement Corporation, on behalf of the DSIC and DSAD, will
review each proposal with oversight and assistance from members of the DSIC/DSAD Board of Directors. The determination relative to the selection of legal counsel will be
made by a vote of the Board.
The DSIC/DSAD board reserves the right to reject, dismiss or waive any and all proposals or requirements and our determination will be based upon the best interests of the
DSIC/DSAD.
Scope of Services
The DSIC is seeking proposals from law firm(s) or attorney(s) to act as legal counsel for the DSIC, DSAD, the DSIC Executive Director, staff and the Board of Directors of these
entities and affiliated committees in regard to their respective operations, functions and activities. These services will include:
(1) The review and analysis of select contracts and agreements involving or binding the DSIC, DSAD, Board of Directors, Executive Director, committees or affiliated entities or organizations in regard to legal obligations and/or commitments involved in their operations, functions, activities and management. The following existing contracts/agreements will require legal review when they come up for renewal:
· April 2009: Review of Metroplex Environmental Enhancement & Maintenance Grant Contract Renewal (covering remainder of 2009)
· April 2009: Review of Metroplex Façade Improvement Grant Contract Renewal
· April 2009: Review of agreement for creative services
· April 2009: Review of agreement for printing services
· June/July 2009: Review of Main Street Improvement Grant Recipient Agreements (approx. 3)
· December 2009: Review of 2010 Annual DSIC Operating Contract with City of Schenectady
· December 2009: Review of Metroplex Environmental Enhancement & Maintenance Grant Contract Renewal (covering 2010)
Other:
· July/August 2009: Assist Schenectady Corporation Council with modifications to existing legislation to incorporate new DSAD assessment formula
· Allowance for one or two other contract/agreement contingencies.
(2) Review and analysis of at least two (2) new required personnel policies drafted by the Executive Director.
(3) Preparation of a brief monthly legal report for Executive Director, as warranted.
(4) Upon request, attend all of part of approximately 6-8 meetings of the DSIC’s Board of Directors, its Executive Committee or other meetings that may involve legal issues affecting the DSIC or its operation. (Executive Committee: 2nd Wed. of month, 8:00 a.m.; Full Board: 4th Tues. of month, 8:00 a.m.)
(5) Availability for at least two (2) hours per month to answer questions from the DSIC’s Executive Director, President of the Board or their assigns concerning operations, personnel policies, procedures and issues of the organization.
(6) Legal advice as necessary in regard to any potential litigation commenced by or involving the DSIC, DSAD, Board of Directors, Executive Director, committees or affiliated entities.
NOTE: Representation as attorney of record in any litigation is excluded from this scope of services. Is it expected that legal counsel will provide monthly documentation listing the dates and hours of specific services provided relevant to the scope of services above.
Qualifications and Background
Firms or individual attorneys submitting a proposal response should possess the following:
1) Have a license and be in good standing to practice law in the State of New York.
2) Have been admitted and actively engaged in the practice of law for at least ten (10) years before State and Federal courts. Have prior background and experience in contract law, real property law, and municipal law including tax and assessment procedures and representation of not-for-profit organization(s).
3) Prior experience or background in working with and representing Business Improvement/Special Assessment Districts or organizations that have functions and operations similar to the DSIC/DSAD are preferred.
Elements to Be Included in RFP Responses
The DSIC requests that the following information/elements be included in responses to this RFP.
1) Confirm you or your firm’s ability to provide the services set forth in the Scope of Services (III) above. As appropriate, please provide relevant examples of prior similar services or representation provided by you or your firm. Proposals for only a limited portion of the work outlined in the Scope of Services will not be accepted.
However, in the event it should become necessary for the organization to retain more than one firm, please indicate how this would alter/affect your proposal.
2) Identify the attorney(s) and other individuals who will be responsible for providing the services outlined in the Scope of Services. If more than one attorney will be involved in providing services, please identify the attorney who will be primarily responsible for coordinating the legal professional services to the organization, as well as the attorney(s)/individual(s) who will be responsible for providing the legal services specified herein. Please submit resume/curriculum vitae for each attorney who will be providing services.
3) Submit a specific retainer fee proposal for the Scope of Services outlined above, including a breakdown of the estimated hours to provide the services requested and the hourly rates to be charged for attorney(s)/individual(s) providing services.
The proposal must also specify the hourly rate(s) for work outside the Scope of Services and a statement regarding additional fees or costs anticipated in connection with the services required, such as administrative fees, copier charges, phone charges, electronic service fees and any other fees or charges that are likely to be incurred in providing the services outlined in this RFP.
4) Confirm the availability of legal counsel to attend meetings as outlined and to provide monthly documentation and reports requested for regularly scheduled meetings. Indicate as appropriate the time frame for responses to inquiries and/or completion of services requested.
5) Confirm that the firm will comply with appropriate and relevant hiring employment requirements of New York State Law, such as equal opportunity, and that adequate professional liability coverage will be maintained for attorney professional services with limits of not less that Five Hundred Thousand ($500,000.00) Dollars.
Fee Structure
The DSIC expects that any acceptable fee/compensation proposal will provide for:
· A fixed-rate retainer for the time period of April 1, 2009 – March 31, 2010, relative to scope of services, with the option for two (2) one-year extensions at the same rate.
· The proposal must include a breakdown of the estimated hours to execute each element of the scope of services and the hourly rates applicable for the attorney(s)/individual(s) providing the services. Also specify hourly rates applicable to excluded or additional services.
The DSIC reserves the right to negotiate the terms and scope of all services in the best interest of the organization. It is possible, but not preferred, that more than one firm or individual could be selected to provide specific aspects of legal services outlined. It is also possible that the DSIC will make no decision based on proposals received.
THREE COPIES OF YOUR PROPOSAL MUST BE SUBMITTED TO THE EXECUTIVE DIRECTOR OF THE DSIC ON OR BEFORE WEDNESDAY, MARCH 11, 2009 AT 5:00PM IN ORDER TO RECEIVE CONSIDERATION.
PLEASE MAIL SUBMISSIONS TO:
Downtown Schenectady Improvement Corporation
Attn: Jim Salengo, Legal RFP
184 Jay Street
Schenectady, NY 12305
PHONE: 518-377-9430
FAX: 518-377-9433
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| Contact Email: jim @downtownschenectady.com |
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