Prosecuting Attorney RPF

REQUEST FOR PROPOSAL:
PROFESSIONAL SERVICES
MUNICIPAL COURT PROSECUTOR

The City of Oregon City (the “City”) is soliciting Proposals for an attorney licensed in Oregon to serve as the City’s Municipal Court Prosecutor. The City is interested in establishing an ongoing relationship with an attorney to ensure high quality, necessary, responsive, timely and cost-efficient legal services for the City’s Municipal Court. We expect that the attorney chosen will be experienced in the type of legal services required for an Oregon Municipality. The City is seeking an attorney that can establish then maintain successful communication and coordination with the Municipal Court Judge, Municipal Court Clerk, city officials, city employees, the Police Department, and the public.

A. INTRODUCTION
The City wishes to contract for prosecutorial services effective September 1, 2013. To illustrate the potential workload, in Budget year 2012/2013, a total of approximately 477 misdemeanor cases were charged. The Police Department employs 43 full time police officers.
Municipal Court is active each Tuesday and Thursday, beginning at 8 AM, with the exception of those Tuesdays and Thursdays that are holidays.

Compensation: The City and any attorney selected for these services will enter into a professional services agreement, which will address compensation, standard conditions to an Oregon City’s personal services agreement and requirements of a business license. The Prosecuting Attorney will not be included in any public employee pension system and is not provided medical benefits. Proposals must clearly set forth the fees or fee structure (e.g., hourly rate, monthly retainer, per-case fee) to be charged for the proposed services. Also, please describe in your proposal if you are willing to enter a fixed fee agreement, flat rate retainer, or some combination thereof.

B. SCOPE OF WORK
The Prosecuting Attorney shall:

1. Prosecute the criminal, quasi-criminal, disorderly person offenses, motor vehicle offenses, and any other matters in which the City’s Municipal Court has jurisdiction pursuant to law and rule of the Supreme Court.

2. Be responsible for all aspects of prosecution including: investigation, arraignments, pre-trial hearings and motions, bench and/or jury trials, sentencing, review hearings and appeals.

3. Follow cases through sentencing procedures and non-compliance post sentencing matters.

4. Conduct legal research; prepare legal memoranda, provide advice, training and assistance to the Police/Code Enforcement/Municipal Court Departments in all criminal matters, including statutory interpretation, enforcement issues, case decisions, and issues and concerns related to a wide range of other topics. Maintain strict confidentiality of oral and written communications, including confidentiality of Law Enforcement Date System (LEDS) printouts.

5. Prepare cases for prosecution including: contacting the Police/Code Enforcement Department, witnesses, victims and defense attorneys.

6. Communicate with the officers prior to a trial to discuss strategy, case challenges and testimony.

7. If a case does not go to trial the Prosecuting Attorney shall provide a detailed memo to the Court and Police indicating the reasons a case will not be prosecuted.

8. After a case trial, communicate with the officer/ Police/Code Enforcement Department regarding the outcome of the case, providing details of the verdict or plea agreement.

9. Provide advice and representation in criminal forfeiture hearings, search warrant review and similar matters.

10. Be available to the law enforcement department via email, phone or office visits (returning phone calls and/or emails within 24 hours) for questions and guidance regarding criminal law, vehicle code and search and seizure.

11. Communicate with the Operations Lieutenant when concerns or deficiencies are recognized in police reports or court room testimony.

12. Review complaints and draft orders, agreements, and other legal documents. Also provide oral and written opinions on these matters as required.

13. Provide all discovery materials to Defense Attorneys and/or defendants.

14. Assist in the development of legislative and administrative polices.

15. Provide all equipment and supplies reasonably necessary to perform services and will perform services in a professional manner.

16. The Prosecuting Attorney will not subcontract any services and will personally perform all services except as provide in the Professional Services Agreement.

C. MINIMUM REQUIREMENTS

1. The attorney shall be licensed to practice law in the State of Oregon. A period of five (5) years preceding the proposed appointment is preferred, and the attorney must be eligible to appear before all Municipal, State, and Federal Courts in Oregon, as well as Oregon administrative agencies and the Office of Administrative Law (A copy of the license shall be included with your proposal);

2. Must have a minimum of five (5) years of prosecutorial or criminal defense experience, with a proficient understanding of Oregon and Federal case law, Oregon Criminal law, Oregon Vehicle Code, The City of Oregon City Ordinances, and proficient in search and seizure requirements;

3. Must list past and present municipal or government authorities represented;

4. Must provide six (6) professional references with preferred contact information;

5. Must maintain a bona fide principal office in the State of Oregon;

6. Must maintain full professional liability coverage as directed by the Oregon State Bar and general office liability insurance throughout the duration of time served and shall furnish a certificate evidencing the dates, amounts and types of insurance.

D. INSTRUCTIONS

A proposal should include a cover letter and resume outlining candidate’s credentials, experience, and outlining the proposed compensation structure for those services described in the scope of work. Also please include a copy of your license from the Oregon State Bar and a “Certificate of Good Standing” or other similar document evidence that the professional’s license is not presently suspended or revoked. Proof of insurance coverage shall also be provided with the proposal. All materials shall be submitted in one proposal package.

Proposals must be received by 4:30 P.M., Wednesday, July 31, 2013. At the City’s discretion, proposals submitted after the due date and time may be considered.

Proposals can be submitted via email
mbiehler@orcity.org

or delivered to:

Michele Biehler, MBA, Business Analysis
City of Oregon City
625 Center Street
Oregon City, OR 97045