Request for Proposals and Qualifications: Special Assistant City Attorney (Legislative Affairs)

Request for Proposals and Qualifications for Special Assistant City Attorney (Legislative Affairs)

Introduction & Statement of Purpose:

The City of Minot is soliciting proposals from qualified lawyers and law firms interested in providing legislative affairs services on a contractual basis. The contracting lawyer or firm would represent the City in matters of state-wide significance including at the North Dakota Legislative Session. The selected firm or individuals will be expected to provide a wide range of professional services and will work closely with the City Council, City Manager, and City staff on a variety of legislative matters. Proposals are requested for the fiscal year beginning June 1, 2026 through May 31, 2028, and the contract position will be evaluated by the City Council when creating the 2028 City Budget.

Background Information:

The Minot City Manager coordinates the City’s legislative program on behalf of the City Council and the organization.  The City Council is responsible for identifying, evaluating, and approving legislative and policy positions that advance the City’s priorities and overall legislative agenda.

The Special Assistant City Attorney for Legislative Affairs will collaborate with elected officials and staff members to prepare and support legislative advocacy efforts; coordinate with other cities and the North Dakota League of Cities (NDLC); and provide timely, consistent updates to the City Council and staff in preparation for and throughout the Legislative Session.

Scope of Services:

The scope of services will include but may not be limited to the items listed below:

1. Assist the City’s elected officials and staff to prioritize current legislative interests. Provide strategy, guidance, and background information to focus the City’s legislative interests to maximize effectiveness.

1. Initiate, organize, and conduct internal planning/coordination sessions with the City Council and City staff on legislative matters of significance to Minot. The service provider(s) shall develop a comprehensive understanding of the City’s legislative initiatives and historical positions on key issues.

1. Assess the capacity of the City’s elected officials and staff to assist with direct government relations activities. Advise the client when supplementary professional services may add value or assist in properly advancing the City’s interests. Include City Council Members in legislative testimony and written communications when/where appropriate.

1. Prepare legislation and testify at the direction of the City Manager at hearings, meetings, and in informal interactions with legislators. Communications will align with the City’s legislative program, and relevant information gathered from these interactions will be provided to City leadership.

1. Draft letters or written communications (e.g. position statements) as recommended by the provider(s) and approved by the City Manager.

1. Identify and recommend affirmative legislative opportunities that may benefit the City that arise during the Legislative Session.

1. Annually prepare a written summary of accomplishments to the City Council; forecasting potential legislative or agency issues the City should monitor in the future.

Requirements of Proposal:

Individual lawyers or law firms submitting proposals must submit the following:

1. Cover letterincluding the following:
   1. The name of the lawyer or law firm responding to the request for qualifications and proposals to provide legislative affairs services;
   2. Designation of a primary contact person, preferably the lawyer that would be primarily handling legislative affairs services if awarded the legislative affairs services contract. Include their name, local address, mailing address (if different from local address), telephone number, and email address;
      1. Designation of any secondary contact persons, specifically if any attorney other than the primary contact person will be handling legislative affairs services in addition to the primary contact.
   3. Succession plan in the event the primary contact person is unavailable to handle the city legislative affairs contract, or finds themselves double-booked between city legislative affairs appearances and other clients.
   4. Brief review of the applicant’s experience and qualifications to advocate on behalf of the City of Minot. Additionally, in the case of a law firm applicant, include a brief background of the firm and number of attorneys employed by the firm.

1. Current resumes for any lawyers that will be providing legislative affairs services to the City of Minot. In the case of a law firm, the City would only require current resumes from all attorneys expected to actually provide the legislative affairs services.

1. Written Proposaloutlining how legislative affairs services would be provided to the City of Minot. At a minimum, the following must be included and discussed in your proposal for Prosecuting Attorney Services:
   1. Experience: Summarize experience relevant to legislative affairs services. Identify the attorney who would be the lead and any attorneys/staff that would provide backup services. Include resumes of all attorneys who will provide legislative affairs services.
      1. Indicate state bar membership, and date of admission to the North Dakota State Bar.
      2. Include any knowledge and experience with the Minot Municipal Ordinances, North Dakota Municipal Law, and legislative affairs.
      3. Include any knowledge and experience with open records laws.
      4. Include any knowledge and experience representing other political subdivisions and the years that you represented them.
      5. Include any knowledge and experience related to development and funding of large water projects including flood control and regional water supply projects.
      6. Disclose any pending litigation and/or judgment rendered against you and or your firm in any matter relating to the professional activities of you and/or your firm, including, but not limited to, any pending complaints with the North Dakota State Bar Association’s Disciplinary Board.

1. Method of Service: Describe the services you would provide under the legislative affairs contract, as well as your philosophy and approach to the identification and prioritization of issues that relate to the City of Minot. Please highlight any qualities, experiences, or philosophies that make you unique with respect to providing legislative advisory services.
2. Fee Structure: The City intends to pay a flat monthly fee for the services provided under this contract, but requests that applicants describe any expenses the applicant intends to charge the City.
   1. Describe any and all expenses that would be charged to the City under your proposal, including whether you would charge for telephone services, printing, photocopying, supplies, and/or travel time or mileage to appearances related to this contract.
   2. Describe any work that would be considered extra or specialized work that would be billed in addition to basic services.
3. References: Identify three references who can attest to your experience and capabilities as they relate to services requested. The references must include contact name, address, and telephone number.

1. Conflict of Interest Statement: Indicate whether the applicant lawyer or law firm currently represents, or has represented, any client where representation may conflict with their ability to serve as City Prosecutor for the City of Minot. Include the following:
   1. Disclose if the applicant lawyer or law firm currently represents, or has represented, any real estate developers doing business with, or anticipating doing business with the City of Minot.
   2. Indicate whether you currently represent or have represented any other political subdivisions or local units of government - especially those having jurisdiction within, or contiguous to, the City of Minot.
   3. Indicate whether you currently represent or have represented any individuals or entities involved in past, present, or reasonably anticipated lawsuits or legal matters with the City of Minot.
   4. Indicate what procedures the applicant lawyer or law firm would utilize to identify and resolve any conflicts of interest.

1. Compensation: Respondents may propose a flat rate or retainer for legislative affairs services, an hourly rate for legislative affairs services, or a combination of the two.

Selection Process and Schedule:

Written questions regarding this request for proposals should be submitted by 4:30 p.m., CDT on April 21, 2026 and directed to Mikayla McWilliams, City Clerk, by email to

Proposals must be received no later than 4:00 p.m. CDT on April 28, 2026. The City prefers to receive proposals by email. Emailed proposals should include “2026 City Legislative affairs services RFP” in the subject line and be addressed to For security reasons, you must enable JavaScript to view this E-mail address. or by mail to Minot City Clerk’s Office, P.O. Box 5006, Minot, ND 58701. As an alternative to email, proposals can also be hand delivered to the Minot City Clerk’s Office. If submitting a paper proposal, the original plus must be submitted in a sealed envelope or box with the following words clearly marked on the outside of the envelope “2026 Special Assistant City Attorney RFP”. The proposer’s name and address must also be clearly indicated on the envelope.

The City of Minot will attempt to follow the following timetable, which should result in the full implementation of an agreement by June 1, 2026.

Issue RFP                                                         April 7, 2026

Deadline for Questions                                      April 21, 2026

Responses to Questions                                    April 24, 2026

Deadline for Submittal of Proposals                   April 28, 2026

Recommendation made to City Council             May 18, 2026

Agreement for Services signed?                        May 22, 2026

Implementation of Services                              June 1, 2026

Proposal Modifications, Reservations, and Clarifications:

The City will not reimburse any individual or firm for the costs involved in the preparation and submission of proposals or for attendance at any interviews. Furthermore, this request for proposals does not obligate the City to accept or contract for any express or implied services. The City reserves the right to negotiate regarding the terms and compensation for any proposal. The City reserves the right to request any proposer clarify their response or to supply additional material deemed necessary to assist in the evaluation, and to modify or alter any or all of the requirements in this request for proposals.

Evaluation Procedures:

Staff will evaluate the submitted proposals and consider whether the proposed methodology meets the needs of the City. Responses must be clear and complete so that the evaluators can adequately understand all aspects of the proposal. The evaluation process is intended to help the City select the proposal with the best combination of attributes, including price, based upon the following evaluation factors:

Contract:

The City and the individual or law firm selected by the City to provide legislative affairs services will enter into a Professional Services Agreement outlining duties, compensation, hours of work, and other pertinent matters. The contract will be in substantially the same form as the Contract attached to this RFP. Once a contract is awarded, the term of the contract duration shall be subject to ongoing review and evaluation by the City Attorney, City Manager, and City Council.

The City reserves the right to reject any and all proposals, request additional information, and to suggest modifications to terms and conditions. This Request for Qualifications and Proposals is not an officer of employment. The City reserves the right to vary from the qualifications requested, to consider proposals that do not meet all of the qualifications, and /or to reject any and all proposals.

SERVICES AGREEMENT

City of Minot, ND and [INSERT SERVICES PROVIDER]

This Consulting and Legal Services Agreement (“Agreement”) is entered into on this 16 ^th day of March, 2026, by and between the City of Minot, ND, a municipal corporation, whose principal address is 10 3 ^rd Ave. SW, PO Box 5006, Minot, ND 58702-5006 (“City”) and [insert services provider], a North Dakota professional corporation, whose mailing address is [insert address] (“Provider”), sometimes referred herein individually as “Party” and collectively as “Parties.”

WHEREAS, City is seeking to retain a Special Assistant City Attorney to advise, consult, and manage state government affairs, on the interface of local, state, and federal resources associated with flood recovery and protection, and city growth associated with energy impacts; and

WHEREAS, Provider is a law firm in good standing and practicing law in the State of North Dakota. Provider possesses the experience and qualifications needed to render the legal services described in the preceding paragraph; and

NOW, THEREFORE, the City and Provider, in consideration of the mutual covenants and contracts contained herein, do mutually agree as follows:

1. Employment and Qualifications of Attorney.
2. Employment. The City hereby retains and employs Provider on an availability retainer to designate Provider as Special Assistant City Attorney to act as legal counsel for the benefit of the City for the following purposes:
   1. to advise, consult and manage state governmental affairs; and
   2. to advise and consult, as needed and requested, on the interface of local, state, and federal resources associated with flood recovery and protection, and the City’s growth associated with energy impacts; and
   3. to advise, consult and manage other projects, as assigned.
3. Qualifications. During the term of this Agreement, Provider shall remain licensed to practice law and meet any other requirements established by the State of North Dakota for Provider to:
   1. represent the City’s state governmental affairs needs; and
   2. advise and consult on flood related and City growth matters; and
   3. advise, consult and manage other projects, as assigned.
4. Independent Contractor. It is further understood and agreed by the Parties that the attorney/client relationship, including all attorney/client communications, is hereby created by and between Provider and the City. Provider is an independent entity under this Agreement and is not a City employee for any purpose.
   1. Exhibits. The following exhibits are included and incorporated as if full set forth herein:
5. Exhibit A: Scope of Services
6. Exhibit B: Fee Schedule
7. Exhibit C: Other Applicable Terms and Conditions

In the event there is any question as to whether this Agreement or the language in the Exhibits control, the most restrictive interpretation shall be applied.

1. Term. This Agreement shall commence June 1, 2026, and shall remain in full force and effect for two (2) years through the 2027 Legislative Session and until May 31, 2028, unless terminated earlier as provided herein. The City shall have the option to renew this Agreement for two (2) additional twelve-month periods upon the same terms and conditions, except pricing which shall be agreed to by the Parties at the time of Agreement renewal or extension.
2. City’s Responsibilities. City agrees to:

1. share strategies and develop a work plan for Provider to utilize; and
2. inform Provider of its wishes in accordance with its state government affairs agenda, as well as flood and/or growth-related issues and other projects as assigned; and
3. maintain regular and ongoing contact with Provider.
   1. Provider Responsibilities. Provider agrees to provide state governmental affairs and consulting support within the state of North Dakota. The services to be provided are listed in Exhibit A.
   2. Fees, Compensation, Other Charges/Costs and Invoicing. Except as may otherwise be provided herein, the City agrees to pay Provider for two (2) years of retained services under this Agreement as set forth in Exhibit B.
   3. Subcontracting or Assignment. The experience, knowledge, capability and reputation of Provider, its partners, associates and employees, was a substantial factor for the City to enter into this Agreement. Therefore, Provider shall not contract with other person(s) or entity/entities to perform, in whole or part, legal services required under this Agreement without the written approval of the City except as otherwise provided herein. No other professional or legal services to be provided under this Agreement shall be transferred, assigned or subcontracted without the prior written approval of the City.
   4. Indemnification and Limitation of Liability. Provider agrees to indemnify the City and their officers and employees against any and all claims, demands, causes of actions, costs, expenses, liability, losses, or damage and will hold and save each of them harmless from any and all actions, suits, claims, damages to persons or property losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Provider, its officers and/or employees arising from fault in acts or omissions of Provider, or arising from Provider performance of or failure to perform any term, provision, covenant or condition of this Agreement. It is further agreed and understood by and between the Parties hereto that such indemnification does not extend to the fault, negligence or willful misconduct of persons other than the officers and/or employees of Provider. This obligation shall continue after termination of this Agreement.
   5. Notices. All notices or other communications required under this Agreement must be given by registered, certified mail or email with return receipt requested and are complete on the date postmarked or sent when addressed to the Parties at the following addresses:

City of Minot

Attn: City Clerk

PO Box 5006

Minot, ND 58702-5006

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Service of notice by personal service shall be deemed to have been given as of the date of such personal service. Notice given by deposit in the United States Post Office shall be deemed to have been given three (3) consecutive business days following deposit of the same in custody of said postal service. Either Party hereto may, from time to time, by written notice to the other, designate a different address or person, which shall be substituted for that specified above.

1. Termination.

1. Termination Without Cause. Either City or Provider may terminate this Agreement with thirty (30) calendar days’ written notice to the other Party of the terminating Party’s intent to terminate before the expiration of this Agreement.
2. Termination by Mutual Consent. This Agreement may be terminated by mutual consent of both Parties, executed in writing.
3. Termination for Cause.City may terminate this Agreement:
   1. If Provider fails to provide Services required by this Agreement within the time specified or any extension agreed to by City; or
   2. If Provider fails to perform any of the other provisions of this Agreement or fails to diligently perform the work in a manner that reasonably ensures completion of this Agreement in accordance with its terms.
   3. Notice Requirement. The City shall provide written termination notice to Provider identifying (i) the Services the City alleges Provider has failed to provide and/or, (ii) the other provisions of this Agreement the City allege Provider has failed to perform. Termination pursuant to this Paragraph 11(e) shall only be effective if Provider fails to cure the deficiencies identified in the City's notice within fifteen (15) calendar days of Provider’s receipt of the City's written notice.
4. Termination for Failure to Appropriate or Authority. Notwithstanding anything to the contrary herein, the City is a public entity whose authority to expend funds is subject to annual appropriation by the Minot City Council (“Council”). In the event the Council fails to appropriate funds necessary to fulfill the City’s obligations under this Agreement for any fiscal period during the term, or if the City otherwise loses legal authority to perform its obligations, the City may terminate this Agreement upon written notice to Provider, without penalty or further obligation. Such termination shall be effective on the date specified in the notice, and the City shall pay Provider for Services properly rendered up to the effective date of termination subject to appropriated funds. Provider acknowledges that the City cannot commit funds beyond the current fiscal year.
5. Orderly Transition. In the event of termination, Provider shall assist to the fullest extent possible in the orderly transition of all pending matters to the City.
6. Pro-rata Compensation.In the event of termination, Provider shall be entitled to be paid for all professional fees, all work completed, and costs incurred through the date of cessation of legal representation, including without limitation, proration of costs and expenses to the date of such cessation.
   1. Conflicts of Interest. Provider has no present or contemplated employment, which is adverse to the City of Minot and agrees it shall not represent clients on matters of either litigation or non-litigation against the City. In the event of a conflict of interest arising in the representation of the City, Provider shall seek, where available, waivers from each client regarding such representation or legal services. However, if real conflicts exist, Provider will withdraw from representing both clients in the matter.
   2. Compliance with Law. Provider agrees to comply with all applicable federal, state, and local laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights. Provider’s failure to comply with this section may be deemed a material breach by Provider entitling the City to terminate for cause in accordance with Section 11c of this Agreement.
   3. Retention of Records and Audits. Provider agrees to retain financial and program records in accordance with the State of North Dakota’s Retention of Records Policy and North Dakota’s open records laws. If Provider’s records are audited by a third party, Provider shall provide the City with the results of the audit within thirty (30) calendar days of receipt.
   4. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. Signatures delivered by facsimile, email in portable document format (PDF), or through a secure electronic signature platform shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement. Both Parties agree that an electronic signature has the same force and effect as a manual signature.
   5. Effectiveness of Agreement. This Agreement is not effective until fully executed by both Parties.
   6. Authority to Execute. Each Party represents and warrants that this Agreement has been duly authorized, executed and delivered by it; that the undersigned representatives are fully authorized to sign this Agreement on behalf of the Party for whom they are signing and whom they represent; that performance of all the actions contemplated thereby have been duly authorized by all requisite action and that this Agreement constitutes a valid and binding obligation, enforceable against each Party, its successors and assigns in accordance with its terms.

Exhibit A

Scope of Services

1. Legislative representation of Minot during the 2027 legislative session; and
2. Coordinating and providing committee testimony on a limited basis when a Minot representative is unavailable; and
3. Maintaining legislative contacts as well as contacts with other appropriate government offices as needed, including but not necessarily limited to the Governor’s Office, Attorney General’s Office, Department of Trust Lands, Aeronautics Commission, Treasurer’s Office, Tax Department, Water Commission, Department of Water Resources, and other relevant departments of state government; and
4. Maintaining regular and ongoing contact with designated representatives of Minot; and
5. Tracking and monitoring progress of interim initiatives, studies and legislative committees, and state legislative bills that are identified as being of special interest to City; and
6. Providing a monthly activity report, and presenting legislative updates to Council and City staff, as requested

Exhibit B

Fee Schedule

Retainer Invoices and Payment Schedule:

1. Invoices.
2. Retainer invoices shall be delivered by Provider to City on or before the first (1st) day of each month, covering the retainer amount due for the subsequent month’s legal services. By way of illustration, the invoice dated January 1 shall constitute the retainer for services to be provided in February.
3. Provider shall send retainer invoices either by mail or email to:

City of Minot

Attn: City Attorney

PO Box 5006

Minot, ND 58702-5006

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1. Payment Schedule:

Reimbursable Expenses:

1. Expenses need to be approved by a representative of the City prior to incurring those costs and would need to be supported by appropriate documentation. City will provide the necessary reimbursement to Provider for approved reimbursable expenses, with Net 30 payment terms.

Exhibit D

Other Applicable Terms and Conditions

1. Authority to Contract. No part of this Agreement shall be construed to grant to Provider any authority to contract for, on behalf of, or to incur obligations on behalf of the City.
2. Successors in Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and assignees.
3. Force Majeure. Neither Party to this Agreement will be liable to the other Party for delays, or direct and indirect costs resulting from any causes beyond the reasonable control or contemplation for either Party.
4. Severability. If any term of this Agreement is declared by a court having jurisdiction to be illegal or unenforceable, the Parties shall meet and confer to advise whether that term is a material term of this Agreement. If both Parties agree to sever that term from the Agreement, the rights and obligations of the Parties are to be construed and enforced as if the Agreement did not contain that term. If one or both of the Parties claim the illegal or unenforceable term was a material term of the Agreement, then the Parties shall renegotiate the Agreement to address the illegal or unenforceable term in an equitable manner.
5. Attorneys’ Fees. In the event a lawsuit is initiated to obtain performance due under this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs in connection with the lawsuit.
6. Waiver. The failure of Party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision, nor shall such failure affect such Party’s right to enforce that provision at a later time. No waiver shall be effective unless made in writing and signed by the Party against whom enforcement of the waiver is sought. A written waiver shall apply only to the specific instance identified and shall not operate as a continuing waiver.
7. Entire Agreement, Modification and Headings. This Agreement, including any Exhibits, constitutes the entire Agreement between the Parties. There are no understandings, contracts, or representations, oral or written, not specified in this Agreement. This Agreement may not be modified, supplemented, or amended, in any manner, except by written Agreement signed by both Parties. Headings in this Agreement are for convenience and reference only.  They shall not be used to explain, restrict or enlarge, or otherwise modify any provision of this Agreement.
8. Governing Law and Venue. This Agreement shall be construed and interpreted both as to the validity and performance of the Parties in accordance with the laws of the State of North Dakota. In the event of any dispute hereunder the forum shall be in District Court, Ward County, North Dakota. Both Parties consent to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.