NORTHWEST MOSQUITO AND VECTOR CONTROL DISTRICT REQUEST FOR PROPOSAL DISTRICT LEGAL COUNSEL SERVICES (“RFP”)

(Bid Invitations)

The Northwest Mosquito and Vector Control District (NWMVCD) is requesting proposals from qualified attorneys or law firms to provide legal services for the District.

Background and Legal Information:

1. The District

The Northwest Mosquito and Vector Control District is a special district formed under provisions of the California Health and Safety Code, Section 2000-2093, that provides ongoing mosquito and vector control for its residents. The District was formed as an independent special district in 1959 to protect residents from vector-borne diseases.

The District currently provides modern and integrated mosquito and vector control services to the communities of Canyon Lake, Corona, Eastvale, Jurupa Valley, Lake Elsinore, Riverside, Norco, and unincorporated Riverside County areas; in total, an area of about 350 square miles. The regular meetings of the Board of Trustees are held on the third Thursday of each month at 3:00 p.m.

The District employs 19 full-time employees and generally has up to 10 seasonal employees. For more information, please visit our website at https://www.northwestmvcd.org/

2. Organizational Structure

The eight-member Board of Trustees governs the District. The District Manager implements the policies approved by the Board of Trustees and is the administrator of the District’s operations.

3. Name of Contact Person

The Legal Counsel’s principal contact with the District will be Dr. Mark Breidenbaugh, the District Manager, who will coordinate the services to be provided.

Scope of Legal Services to be provided as District Legal Counsel:

The District is soliciting for an attorney with prior experience as Legal Counsel of special districts to be responsible for all facets of legal issues that might arise for the District. The Legal Counsel will be expected to keep current in all aspects of law relevant to a Legal Counsel of a vector control district and provide counsel and support for the District’s Board of Trustees and District Manager in the areas of legal compliance, ethics, liability, and risk avoidance. The following items are specifically required and are presented as a list of duties and scope of work.

Legal Counsel will perform services for the District on an as-needed basis. Duties and responsibilities shall include the following:

1. Attendance at meetings of the Board of Trustees, as requested by the Board or District Manager, for the purpose of providing legal services and consultation;

2. Attendance at such other meetings as requested by the Board of Trustees, or District Manager;

3. Preparation of ordinances, resolutions, contracts, and the like concerning the District’s business;

4. Preparation of written legal opinions on matters concerning District business at the request of the Board, or District Manager;

5. Analysis of proposed and enacted legislation, published legal opinions, and other matters that may have an impact on the operations of the District;

6. Review of contracts, bid specifications, and purchasing documents for the purposes of legal and policy compliance, appropriate risk transfer, risk analysis, and avoidance;

7. On occasion, and when requested by the Board or District Manager, consult on personnel matters, labor relations matters, litigation, and other matters concerning District business (that may not otherwise be covered by District agreements with other legal resources), review written personnel policies and procedures for regulatory compliance and advise on updates as needed .

8. Advise the District concerning whether to file claims or commence litigation; represent the District in connection with certain claims and litigation filed by or against it. In some instances, outside counsel will be retained in the event of a conflict of interest which disqualifies District Legal counsel from representation. Other counsel may be retained to defend or prosecute actions which in the opinion of current District legal counsel require special expertise or where representation is being provided under a contract of insurance.

9. Provide advice and assistance to the District on matters of law, including the Brown Act, Government Code, Health and Safety Code, conflict of interest, and Political Reform Act. Assist the District in seeking advice from regulatory agencies such as the Fair Political Practices Commission, CalEPA, CA State Water Resources Control Board, Department of Pesticide Regulation.

10. Annually advise on and serve as representation in the filing and reporting process with the Superior Court of California, County of Riverside, on behalf of the District to obtain and responsibly implement a standing inspection and abatement warrant.

Response Requested:

Your proposal must provide the following information:

1. Submittal of Cover Title to the Proposal – Include the RFP title, submittal due date, and the name, address, and telephone number of principal submitting firm.

2. Cover Letter – Provide a brief (maximum of two pages) submittal cover letter. State any changes to the format or deletions of requested materials, which may be a part of the submittal. Include a summary describing how the submitter proposes to provide the required services to the District.

3. Identification of Responder.

a. Provide the legal name and address of the submitter.

b. State the legal form of the submitter, i.e. partnership, corporation, joint venture, and so forth. If the submitter is a joint venture, identify the members of the joint venture team and provide all information required under this section for each member. If the submitter is a wholly owned subsidiary of a parent company, identify the parent company and its address.

c. Provide the name, title, address, and telephone number of submitter’s principal contact person for the RFP.

4. Qualifications of the attorney and, if applicable, the firm, including:

a. A description of the attorney’s qualifications and experience, including areas of expertise, accomplishments, previous employers/clients, etc.

b. A description of the law firm including the size of the firm, other attorneys and support staff, scope (national, regional or local, and indicating the location of the responsible office). Explain the expertise of other members of the firm as it would benefit the District.

c. Provide office location and, if applicable, branch office that will perform the work described. Describe any steps that will be taken to address and minimize potential issues with availability for meetings, communications, consultation or expenses.

d. A resume/curriculum vitae including years of experience, education, professional affiliations, etc.

e. Relevant prior experience, specifically including work as Legal Counsel for special districts.

f. A list of references from California special districts or agencies of a similar type, scale, and complexity, which have utilized your services including addresses and phone numbers of elected officials or key agency staff who are familiar with your performance and number of years served. Respondents must submit at least three (3) total references.

g. A description of legal services performed for California special districts and other relevant public agencies in the Southern California region.

h. A description of backup attorney(s) within your firm who would be available in your absence and other support staff, both professional and administrative, who would provide resources. Resumes of key staff, particularly backup attorney(s), should be included. Backup attorney(s) should have prior qualifying experience while acting in the capacity as Legal Counsel or Assistant Legal Counsel for special districts.

i. Any regulatory action, tax liens, and/or legal sanctions taken against the attorney or firm.

j. Services, if any, that have not been listed in this RFP that you believe might bring "value-added" to the scope of work proposed by your firm. Value-added includes services that might otherwise be provided by the firm which could be made available to District directors and/or staff at no increased cost. Some examples of value-added are: the opportunity to attend firm-sponsored or provided training, a newsletter or annual legal update publication, a firm-sponsored client-only research webpage, a library of existing opinion letters that might be customized to apply to the needs of District, etc.

5. Legal approach:

a. A statement of how you plan to meet or exceed the scope of work for Legal Counsel Services described above. This should include, at a minimum, the legal approach to providing the requested services, organization of your effort/team and expectation of assistance from District staff.

b. A statement of your availability to provide these services based on other clients and commitments.

6. Fees:

A full description of proposed fees for Legal Counsel and for support attorneys and personnel anticipated to participate in supporting our agency, including whether you charge for travel time and, if so, whether you provide reduced rates for travel time.

7. Disclosures:

Disclosures of actual and potential conflicts of interest, if any, including but not limited to identifying each and every matter in which the attorney or firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Northwest Mosquito and Vector Control District, its Board or staff, or any of the boards, agencies, commissions, or organizations to which the District belongs.

Provide a statement concerning other potential areas for conflicts of interest to arise because of your work or the work of others in your firm. Do you require a waiver clause to be signed in advance of commencing this employment?

Submittal Requirements

1. Number of Copies – Submit two fully executed originals, clearly marked on the cover.

2. Authorization – The submittal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the submitter.

3. Sealing and Delivery – The submittal must be SEALED, marked CONFIDENTIAL, and RECEIVED on or before May 6, 2024 at noon at the office of:

Northwest Mosquito and Vector Control District

Attn: Mark Breidenbaugh, Ph.D.

District Manager

1966 Compton Ave

Corona CA 92881

Or alternatively emailed directly to mbreidenbaugh@northwestmvcd.org.

4. Compliance

a. Failure to substantially comply with the requirements of this RFP may result in submitter’s RFP submittal not being considered.

b. The District reserves the right to revise this RFP prior to the due date. Revisions to the

RFP shall be mailed to all holders of record. The District also reserves the right to add or delete areas of expected legal advice and work as conditions change from time to time.

c. The District will answer questions submitted in writing in the form of Addendum to be issued to all holders of record and posted online no later than three (3) days prior to the submittal deadline. All questions should be submitted to mbreidenbaugh@northwestmvcd.org.

d. The District reserves the right to extend the submittal due date.

Evaluation

Proposals will be initially evaluated by the members of the Ad Hoc Legal Counsel RFP Committee of the Board. The committee will present its recommendation to the Board along with the submitted RFPs.

Criteria

Your proposal will be reviewed and evaluated based on your overall qualifications. Proposals should be concise and to the point to facilitate ease of evaluation. You will be judged on the following criteria, and not solely on the lowest fee.

1. Qualifications of the attorney including recent experience providing Legal Counsel Services to

special districts.

2. Qualifications of the attorney and assigned backup/support team.

3. Understanding of the engagement.

4. Acceptability of legal approach and ability to meet deadlines and commitments.

5. Overall fees.

6. Suggestions or offers of additional services that might be considered as value-added.

Terms and Conditions

1. This RFP does not commit the District to award a contract or contracts, to defray any cost incurred in the preparation of a response to this request, or to procure or contract for services. All submittals become the property of the District as public records. All submittals may be subject to public review on request, unless exempted.

2. The District reserves the right to negotiate and award any element of this RFP, to reject any or all proposals or to waive any minor irregularities or technicalities in proposals received as the best interest of the District.

3. The District reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to, submittal date and submittal requirements. If the District cancels or revises the RFP, the District or District’s representative will notify all respondents of record in writing.

4. The District reserves the right to request additional information and/or clarifications from any or all respondents to this RFP.

5. Respondent will be responsible for all costs incurred in preparing a response to this RFP. All material and documents submitted will become the property of Northwest MVCD and will not be returned.