REQUEST FOR PROPOSALS FOR LEGAL SERVICES

The Clarksburg Sanitary Board is seeking a law firm or individual attorney to provide Attorney services. Law firms and attorneys are invited to submit qualifications and proposals for the provision of these services. In order to be considered, proposals must address each of the concerns requested in this document, including rates and fees.

SUBMISSION DEADLINE: All Proposals must be received no later than 3:00 p.m. on Thursday, April 27^th, 2023.

INTRODUCTION

The City of Clarksburg Sanitary Board owns and operates a sewage collection and treatment system in Harrison County, West Virginia. The system operates as a combined sanitary/storm sewer system under West Virginia National Pollutant Discharge Elimination System (NPDES) Permit No. WV0023302. Clarksburg provides sewer service to approximately 23,000 persons within the City of Clarksburg and surrounding areas, served by the Town of Anmoore, City of Stonewood, Town of Nutter Fort, East View Public Service District, Summit Park PSD, Sun Valley PSD, Greater Harrison County PSD, Allen Medical Group, and Clarksburg Nursing and Rehabilitation Center.

SCOPE OF SERVICES/ DESCRIPTION OF RESPONSIBILITIES:

The Sanitary Board Attorney will be required to provide general municipal counsel, basic legal services, and advice on special projects. The Sanitary Board requests one attorney be designated as the point of contact or lead attorney. Accessibility to and a timely response from the attorney is essential to the position. 

Minimum qualifications include a Juris Doctorate from an accredited law school, a license to practice law in the State of West Virginia and be a member in good standing of the West Virginia Bar. Experience with West Virginia Municipalities and knowledge of Municipal Law, EPA Clean Water Act with regard to Sewer Utility and Drainage, and Contract Law is preferable.

General municipal counsel of the Clarksburg Sanitary Board Attorney includes but is not limited to: (1) representing the Clarksburg Sanitary Board in all legal matters and proceedings in which the Sanitary Board is a party or interested, or in which any of its officers are parties in their official capacity. (2) Advising Clarksburg Sanitary Board and it’s Members as to all legal questions affecting the Clarksburg Sanitary Board interest.

Basic legal services include: (1) reviewing or drafting ordinances, resolutions, contracts, agreements, deeds, easements, obtaining right of ways; (2) providing advice regarding government operations, open meetings, open records, City ordinances, Federal and State law, routine matters, personnel matters, and property matters. (3) reviewing agendas and materials for the Clarksburg Sanitary Board meetings, anticipating and preparing legal advice on items to be addressed at the Clarksburg Sanitary Board meeting, and attending Clarksburg Sanitary Board meetings which are generally held on the second Tuesday each month; and (4) providing legal opinions upon request.

The Clarksburg Sanitary Board Attorney will be required to provide a detailed, itemized billing on a monthly basis, in order to avoid misunderstanding, a standing request exists for legal review of contracts, ordinances and resolutions presented to Clarksburg Sanitary Board for consideration at its regular meeting in addition to anticipating and preparing legal advice on issues up for consideration, as well as attendance at the regular Sanitary Board meetings. Further a request for legal services exists upon phone or written request of the City Manager (Sanitary Board Chairman) or Sanitary Board member. For all other requests, including citizen’s inquires, approval by the City Manager (Sanitary Board Chairman) prior to commencement of service is required. Sanitary Board Attorney will be required to generally familiarize himself/herself with Federal and State Environmental law, general municipal law and keep abreast of legislation affecting cities outside the scope of billable services.

REQUESTED INFORMATION: 

If you or your firm is interested in the opportunity to work with the Clarksburg Sanitary Board, please provide the following information:

1. Firm or individual name and contact information, including e-mail and website addresses and year organized.
2. Summary of qualifications, specializations, experience (including municipal), professional affiliation, special training, availability, West Virginia Bar license numbers, and contact information for key personnel and proposed lead and back-up attorneys for the Sanitary Board.
3. Information on any previous experience or services provided, including municipal experience, such as general Sanitary Board Attorney services, Clean Water ACT related, city-related court cases, condemnation, eminent domain, zoning, litigation experience, list of past or present municipal clients, etc.
4. List of clients you currently represent that could cause a conflict of interest with your responsibilities as Sanitary Board Attorney. Describe how you would be willing to resolve these or any future conflicts of interest.
5. If your firm or you have filed any litigation in the past five years in which the City or one of its employees was named as a party, please describe the case(s).
6. Other factors or special considerations you feel would influence your selection.
7. List of references and contact information.
8. Proposed hourly rates for each attorney assigned to the Sanitary Board or any alternative fee structure you propose.

OTHER TERMS AND CONDITIONS:

The Sanitary Board reserves the right to reject any or all responses. The Sanitary Board reserves the right to waive any variances form original RFP specifications in cases where the variances are considered to be, in the sole discretion of the Sanitary Board, in the best interests of the City. All proposals submitted in response to this RFP shall become the property of the Clarksburg Sanitary Board. The Sanitary Board retains the right to use any or all information presented in any proposal to the RFP, whether amended or not. Selection or rejection of the proposal does not affect this right. Contracts shall be awarded to the applicant determined to be best qualified to meet the Sanitary Board’s needs, with a July 1^st, 2023, start date.

EVALUATION AND SELECTION CRITERIA: 

• General qualifications of the candidate for the position and key support personnel
• Quality and extent of services available
• Experience
• References
• Costs
• Compliance with this Request for Qualifications
• Other criteria which pertain to providing effective and efficient legal services such as availability for questions and contact, timeliness, responsiveness and follow-through

SUBMITTAL: 

Please provide three (3) unbound copies of the proposal, including one original with the signature of an authorized individual on a typed letter of submittal. Proposals shall be submitted in a sealed envelope, clearly marked on the outside of the envelope, “Clarksburg Sanitary Board Services” and addressed to:

Clarksburg Sanitary Board
ATTN: Drew Eddy
222 West Main Street
Clarksburg, WV 26301

SUBMISSION DEADLINE:

All Proposals must be received no later than 3:00 p.m. on Thursday, April 27^th, 2023.