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Village of Clemmons, North Carolina Request for Proposals -- Legal Services Proposals must be received by the Village by 5pm, Friday, September 30, 2022 either by mail Village of Clemmons 3715 Clemmons Road Clemmons, NC 27012 Or via email to the Village Manager, Michael Gunnell at All proposals should be delivered in a sealed envelope marked “PROPOSAL FOR VILLAGE ATTORNEY.”
Introduction Village of Clemmons, NC – Village Attorney. The Village of Clemmons is seeking proposals for the provision of contract legal services as Village Attorney. The Village is seeking proposals from qualified legal service providers, licensed in the State of North Carolina, to represent the Village in a full range of legal affairs relevant to North Carolina municipalities. The Village Attorney is appointed by the Village Council and provides primary legal service to the Council, Village Boards and Committees, and Village staff. The Village of Clemmons prefers the Village Attorney maintain membership in the NC Association of Municipal Attorneys and attend their annual conference(s) on behalf of the Village of Clemmons. At least three years of municipal experience is preferred, but all applicants will be considered. Selection Process Proposals will be reviewed and forwarded to Council for further consideration. The Village Attorney is a direct appointment of the Village Council. The Village reserves the right to negotiate with any or all bidders, to seek modifications or re-submissions of portions or entire proposals and to accept or reject any and all bids received. Please be advised that the Village Council may request candidate interviews prior to rendering a decision. Contract for Services: It is anticipated that the Village and the attorney or firm will enter into a two-year contract for services after appropriate negotiations, with options to extend the contract upon mutual consent. The contents of this RFP and the representations made in the proposal will become part of any contract awarded as well as any additional terms and provisions negotiated by the parties. Questions Questions or requests for information may be submitted to Michael Gunnell at the above address, by telephone at 336-766-7511, or by email at
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| 8/29/2022 12:00 AM
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| Open Until Contracted
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| Attn: Village Manager, Mike Gunnell in sealed envelope marked "PROPOSAL FOR VILLAGE ATTORNEY"
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Michael Gunnell, Village Manager
Village of Clemmons
3715 Clemmons Road
Clemmons, NC 27012
336-766-7511
mgunnell@clemmons.org
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| Scope of Services: The Village Attorney shall advise the Mayor, Council, Manager, and other officials with respect to Village affairs; give opinions upon any municipal legal matter or questions submitted by the Mayor, Council, Manager and any other village staff; draw proposed ordinances when requested; inspect and pass upon all agreements, contracts, franchises and other instruments that concern the Village; attend the regular monthly meetings of the Council (2nd and 4th Mondays at 6pm), and other Village board meetings such as Planning Board or ad hoc committees upon request; engage in litigation on the Village’s behalf when appropriate; and perform such other duties as may be required by virtue of the position as Village Attorney. The following are further illustrative of the services to be provided to the Village of Clemmons by its Village Attorney. This is not to be construed as a complete list of services. 1. When authorized by the Council, prepare all charges and complaints against, and appear in the appropriate court in the prosecution of, every person charged with the violation of a Village ordinance. Under the direction of Council, defend Village officials, Board and Committee members and employees in any action or claim against them in their official capacity. In those claims where the Village’s insurance company has appointed legal counsel, the Village Attorney shall provide only those services requested by the Village Manager. 2. Immediately report to the Manager the filing of any litigation against the Village, as well as the final outcome of any such claim. 3. Prepare deeds, easements and contracts as pertaining to real estate and render title opinions on property being acquired by the Village. 4. Additional services as from time to time may be required, including counseling Department Heads, elected officials, instructing Board members and employees of the Village in the elements of public law and examining intergovernmental activities. 5. This scope of services does not include: answering inquiries from the general public or press. All such requests shall be forwarded to the Manager; providing legal counsel to individual members of the Village Council or other Village Boards.
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• A thorough understanding of the legal framework of municipal government in North Carolina
• Diverse legal experience, particularly in the areas of municipal liability, regulation of new development, public employment law, construction and professional service contracts, and real estate law
• Prior local government law experience in service to a North Carolina city, town, village, county or related local government entity
• Accessibility and prompt response for the Mayor, Council, Manager and designated Village staff as needed
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1. The Village of Clemmons shall not be restricted from appointing specialized counsel as the need arises, or counsel when a conflict is evident.
2. Any firm selected by the Village will be prohibited from assigning, transferring, conveying, subcontracting or otherwise disposing of its responsibility for legal services with the Village or its rights, title, and interest therein, or its powers to execute such agreement to any other person, company, partnership or corporation without the previous consent and approval in writing from the Village Council.
3. Firms selected to provide legal services for the Village will not be allowed to represent any person, corporate entity or Village employee in any action against the Village or before any Village board or committee in the regulatory process.
4. The law firm selected as a result of this proposal shall indemnify the Village of Clemmons from all suits, actions or claims of any kind brought on account of any injuries or damages sustained by any person resulting from any act or omission by the firm or its employees which constitutes negligence or malpractice. The firm shall be required to carry professional liability insurance and the proposal must specify the carrier and the coverage limits, which can be no less than one million dollars. An insurance certificate to this effect shall be provided to the Village on an annual basis.
5. Each attorney/firm must agree to keep a complete record of all actions, suits, proceedings and other matters handled by the firm for the Village, including written opinions on legal matters, and to deliver such records to any successor Village Attorney, upon request of the Village Council.
6. Each attorney/firm must identify an address of the offices of the attorneys who would provide services to the Village and their proximity in miles and driving time to the Clemmons Village Hall. The applicant must indicate their availability to provide services in the evening hours between approximately 5:00 p.m. and 11:00 p.m. However, in rare circumstances (emergency situations) there may be times that legal representation is needed at other times including weekends and holidays. The Village reserves the right to request the services from the attorney and/or firm. The method of requesting services after 5pm shall be established between the Village Manager and Village Attorney.
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| Proposals should address: • Outline of the size and experience of the firm, including any legal municipal experience
• Office location(s)
• How the firm/individual will provide prompt, skilled, and efficient service to the Village
• Description of areas of expertise or legal experience that may benefit the Village
• Resumes of key personnel providing services to the Village, along with individual specialties
• Proposed rates for all work to be provided to the Village, including hourly rates, retainer rates, rates for travel, attendance at meetings, legal research, work done by legal staff, etc.
• Identify proposed Village Attorney, and how the firm will handle assignments if the Village Attorney is not available
• Listing of municipal clients and references, with contact information
• Other factors or information relevant to the scope of work sought For purposes of the proposal, it is estimated that the Village Attorney will typically spend approximately five hours per week on Village related matters plus attend necessary municipal meetings. While the Village Attorney is expected to perform the primary legal services function for the Village, the Village may hire specialized legal counsel to represent the Village in various matters considered outside the normal scope of work or outside of the firm’s field of expertise. In the event that the Village Council hires outside legal help, the Village Attorney is expected to represent the Village’s interest and act to coordinate the use of outside counsel.
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