Municipal Prosecutor

Town of Eagle Request for Proposal Municipal Prosecutor

Submit to:
Lynette Horan
Town of Eagle
PO Box 609
200 Broadway
Eagle, Colorado 81631

Questions can be directed to Lynette Horan, Human Resource Manager at lynette.horan@townofeagle.org.

Deadline: Monday, May 28, 2018, 5:00 pm MST

Summary: This is a Request for Proposals for a Municipal Court Prosecutor (“RFP”) to provide legal services for the Town of Eagle (“Town”). The Town is interested in contracting with an attorney or firm to provide high quality, responsive, timely and cost-efficient legal services for the Town’s municipal court. The purpose of the RFP is to gather pertinent information concerning the ability, qualifications, and costs of an individual attorney or firm to meet the municipal court needs of the Town.

The Municipal Court Prosecutor should be experienced in the types of legal issues associated with statutory municipalities and municipal court. The Municipal Court Prosecutor will need to work closely with the Town Attorney, the Court Clerk, and other Town staff. The relationship between the Town and the Municipal Court Prosecutor will be one of independent contractors, and the prosecutor will not be an employee of the Town or the Town Attorney’s firm.

Background:

The Town of Eagle is a statutory municipality in western Eagle County, Colorado. Municipal court is currently held once a month on the second and fourth Tuesdays of the month at 3:00 p.m. at Town Hall. The scheduling of municipal court for 2018 may change in consultation with the Prosecutor selected based on this RFP. The Town has its own Police Department and the Prosecutor will coordinate with the Court Clerk. The Eagle Municipal Court handles all municipal infractions, including traffic and parking violations, animal violations, nuisance and building code violations, and other Municipal Code violations.

Scope of Services:

The Municipal Court Prosecutor will represent the Town in the following matters: Prosecution of violations of the Town Municipal Code in the Town’s Municipal Court and related prosecutorial functions (e.g. plea negotiations, sentencing recommendations, probation revocations and contempt hearing). Legal services will include all necessary court appearances, legal research, investigation, correspondence, preparation of legal documents, trial preparation, appeals to municipal and District Court and all related work required to properly represent the Town in the following areas:

  • Prosecute violations of the Eagle Municipal Code.
  • Prepare for and attend trials, hearings, and other criminal and civil case activities.
  • Review facts and law, conduct legal research, prepare pleadings, and conduct defense interviews.
  • Conduct pretrial conferences, including negotiation of plea agreement offers and terms of deferred prosecution.
  • Collaborate and confer with the Town Attorney, as needed, including consulting with the Town Attorney on interpretations of the Municipal Code and appeals.
  • Work with the Town Attorney, Town staff, and personnel in preparing matters for Municipal Court prosecution.

Proposals should include the following information:

  • Background of your firm, including size, date established and office location; or individual qualifications if not associated with a firm.
  • Information on your/the firm’s experience as it relates to the following areas:
  • Prosecution in municipal court, including familiarity with court rules
  • Statutory municipalities
  • Code enforcement
  • Colorado Municipal Traffic Code
  • Animal control laws
  • List the municipalities you currently represent or have previously represented, if any, with the dates of representation for each. Include a summary of your duties and responsibilities for each municipality. Please include a comprehensive list of municipal clients over the past five years and name the attorney assigned to those clients.
  • Describe the primary focus of your/the firm’s representation not related to municipalities.
  • Identify the attorney who would be primarily responsible for work on behalf of the Town and, if different from the responsible attorney, the attorney who would attend court dates.
  • Specify your availability to attend up to two, one-half day, regularly scheduled court dates, every month.
  • Provide information on your billing rates and practices, including:
  • Billing rates for each attorney and any support personnel that would be involved in providing legal services to the Town.
  • A summary of your/the firm’s billing practices.
  • Rates charged for travel time, and any incidentals such as copying, telephone rates, courier services, faxes, supplies, etc., if any.
  • If you are willing to enter a fixed fee agreement, flat rate retainer, or some combination thereof, please describe in your proposal.
  • Discuss any known or potential conflicts of interest you or your firm may have in representing the Town.
  • Describe any formal disciplinary complaints or malpractice complaints that have been made against you, and their final disposition.
  • Provide three to five relevant references that the Town may contact.
  • Please answer the following questions, limiting your combined answer to no more than one- page total:
  • Give an example or description of the working relationship you envision with the Court Clerk, other Town staff, and the Town Attorney.
  • Give an example or description of the working relationship you envision with the Municipal Court Judge.
  • What steps would you take to prepare for a hearing?

Other Terms and Conditions:

  • The Town reserves the right to undertake its own investigation to evaluate a candidate. The Town shall have the sole discretion to accept or reject any submittal.
  • The Town reserves the right to solicit or recruit any attorney(s) or legal firms directly to request qualifications.
  • All submittals become the property of the Town upon receipt and will not be returned to the applicant.
  • The Town operates under applicable public disclosure laws. Proprietary information must be identified and will be protected to the extent that is legally possible.
  • Cost of submitting the response to the RFP, attendance at an interview, or any other such costs are entirely the responsibility of the candidate or candidate firm and shall not be reimbursed in any manner by the Town.
  • Failure to conform to directions under this RFP may lead to the rejection of a submittal. The submittals should contain all information necessary to evaluate the qualifications of a candidate or firm.

The Town reserves the right to accept or reject any and/or all proposals and to waive any informalities or irregularities in said proposals. The RFP does not bind the Town to hire a new Town Attorney when, in the Town’s sole discretion, the Town determines not to do so.

Submittals:

Please include 1 copy of a proposal addressed to the contact above and send a response via email. Please send an email to Lynette Horan with the proposal attached.