County Counsel
Request for Statement of Qualifications for County Counsel Services
for Alpine County, California
Submit to: Alpine County Human Resources
40 Diamond Valley Rd. | Markleeville, CA 96120
530-694-2287
jobs@alpinecountyca.gov
RFQ is open until Attorney/Firm Selected
Download the complete RFQ Packet here.
I. Introduction
The County of Alpine, a political subdivision of the State of California, is accepting proposals from attorneys at law or a law firm, licensed to practice in the state of California and Federal Courts, to provide County Counsel legal services to the Board of Supervisors, Elected and Appointed Officials, and County Department Heads.
Situated in the Sierra Nevada mountains between Lake Tahoe and the northern ridge of Yosemite, Alpine County is the smallest County in California. According to the 2020 Census, the total population of Alpine County was 1,159 residents. There are no incorporated cities or towns in Alpine County, with Markleeville as the County seat, as well as the other communities of Woodfords, Hung-a-lel-ti, Bear Valley and portions of Kirkwood. The attorney(s) serving as County Counsel needs to work both through telecommunications and in person.
The need for legal services is approximately 65-100 hours per month, or approximately 15-25 hours per week, emphasizing certain weekdays such as Monday, Tuesday and Wednesday, but subject to mutual understandings to be defined in the contract, and negotiated with the County.
The County Counsel attends all Board of Supervisor meetings, with the regular monthly meetings occurring on the first and third Tuesday of each month. County Counsel attends other meetings as necessary for public entity representation and defense, such as, but not limited to Local Transportation Commission, Local Area Formation Commission and Board of Equalization. Additionally, it is expected that County Counsel will be available to meet with Department Head’s as requested. In brief, County Counsel is appointed to assist the County with civil law, whereas the District Attorney is elected to prosecute criminal law.
II. Scope of Work
The County is accepting proposals to retain by contract a qualified attorney(s) or law firm for the provision of needed legal services. The Office of County Counsel is defined in Alpine County Code Section 2.25 County Counsel which may be viewed on the County’s website https://www.codepublishing.com/CA/AlpineCounty/#!/AlpineCounty02/AlpineCounty0225.html#2.25
The attorney(s) or law firm will receive general direction for the Alpine County Board of Supervisors. The selected attorney(s) or law firm will be expected to perform all services described below:
• Serves as legal advisor to the Board of Supervisors, county officers, county departments, their employees, boards and dependent special districts on their respective powers, duties, functions and obligations.
• Attends all Board of Supervisor’s meetings, unless excused.
• Acts as attorney for the county, county agencies, county officers and county employees in civil actions instituted or brought against these entities or person when acting as or on behalf of the County.
• Studies, interprets and applies statutes, ordinances, court decisions and legal opinions in the preparation of opinions, pleadings and briefs.
• Makes recommendations to the Board of Supervisors and County staff concerning the advisability to prosecute, compromise or dismiss civil litigation.
• Appears before courts and at administrative proceedings to represent the County’s interests as required. Prosecutes for civil remedies to enforce County ordinances, abate public nuisances, recover for damages to County property and condemn property for public purposes or other matters.
• Responds to and resolves difficult and sensitive citizen inquiries and complaints.
• Directs, oversees and participates in the development of the department’s work plan, assigns work activities, projects and programs, monitors work flow, reviews and evaluates work projects, methods and practices.
• Coordinates department activities with those of other departments and outside agencies and organizations.
• Prepares and submits reports and necessary correspondence as required.
• Attends and participates in professional groups and committees.
• Researches, prepare or review of all written opinions, ordinances, resolutions, agreements, leases, deed, contracts, and other documents of a legal nature necessary or requested by the Board of Supervisors.
• Represents the County in the administration of all claims and litigation filed by or against it; provided, however, special counsel may be retained to defend or prosecute actions requiring special expertise, further provided, that outside counsel shall be retained in the event of a conflict of interest which disqualifies the attorney(s) from such representation.
• Renders advice and assistance in the administration of the County’s general liability risk management and insurance programs.
• Provides advice and assistance to the County on labor-relation matters, review memoranda of understanding or other labor agreements; provides legal advice to County Department Heads regarding employee discipline, including documents, and; and representation of the County before mediators or arbitrators on matters arising from memorandum of understanding or the County’s personnel rules.
• Monitors activities of any special counsel retained by the County.
• Attends all staff meetings or committee meetings deemed necessary and appropriate, or as requested by the Board of Supervisors;
• Provides conflict of interest to the County and staff in seeking advice from the Fair Political Practices Commission.
• Provides guidance concerning requirements of the Brown Act, Conflict of Interest, the Political Reform Act, the Public Records Act, due process and other legal requirements imposed by statute and common law.
• Responds to all Public Records Act requests.
• Represents and/or advises the County in litigation not covered by the County’s self-insured risk pool (which provides coverage for tort claims and worker’s compensation claims) or otherwise being handled by outside counsel.
• Prepares an impartial analysis of county ballot measures showing the effect of the measure on the existing law and operation of the measure.
• Serves as a legal advisor to the Grand Jury with respect to civil matters.
• To discharge all duties vested by law in the District Attorney of the County other than those of a public prosecutor.
The services provided by County Counsel shall be governed in accordance with all the laws of the State of California including but not limited to the special legal mandates described below:
Government Code Sections 27642, 27645, 27647, 26520, 26520.5, 26523, 26524, 26525, 26526, 26528, 26528.5, 26529; Welfare and Institutions Code 318.5; Elections Code 9313; Penal Code Section 934
III. Qualifications
(See below.)
IV. Submittal Requirements
Interested attorney(s) or law firms are requested to prepare qualifications using the following guidelines. Submittals should be sent electronically and as a hard copy.
1. Cover letter of interest, signed by an authorized representative committing to provide the legal services described above.
2. Resumes: Provide complete resumes of the person(s) designated to provide County Counsel services. Please include the following:
a. Certificates, licenses, including State Bar of California number.
b. Description of education (including name of educational institutions, degrees conferred and year of each degree).
c. Professional background and professional associations.
d. Any disciplinary action taken by the State Bar or any malpractice claims against any member of the firm in the last 10 years.
Firm qualifications: in addition to the above outlined individual(s) proposed for designation of County Counsel requirements also provide professional experience and qualifications of the firm and the designated individuals to provide the services specified in the Request for Proposals.
3. References: Provide contact information for at least three (3) municipal, public agency and/or key clients for which legal services have been provided in the last three (3) years. Please include the contact person’s name, address, phone number and email address.
4. Clients/Potential Conflicts of Interest
a. Identify any foreseeable or potential conflicts of interest with public clients you serve and the manner in which you would propose to resolve these conflicts.
b. For the person to be designated as County Counsel, list all public clients that he/she currently represents as general counsel, along with the meeting dates and time for each governing body.
c. List all parties, including private clients, relatives or any other individual or entities that could potentially pose a conflict of interest with your representation of the County of Alpine.
5. If the proposal is for a solo practitioner to act as County Counsel, please describe how services will be provided during absences (illness and vacation).
V. Compensation
(See full packet. Available to download above.)
VI. Selection Process
(See full packet. Available to download above.)
VII. Alpine County Contract Template with Insurance Requirements (Attachment A)
(See full packet. Available to download above.)
VIII. Submittal Location
Interested firms should submit should be sent electronically and as a hard copy marked on the outside as “Response to Request for Qualifications – County Counsel” to: Alpine County Human Resources, 40 Diamond Valley Rd., Markleeville, CA 96120.
Alpine County seeks an attorney(s) or law firm, which has substantial experience in a broad range of County proceedings and the expertise necessary to meet all or most of the day to day specialized needs of the County. Statements of Qualification should identify the member of the firm who will be assigned to act as the County Counsel and identify the qualification, areas of expertise and prior experience of that individual. The final selection of County Counsel will be made by the Alpine County Board of Supervisors.