OUTSIDE COUNSEL POOL FISCAL YEARS 2027-2030

CITY ATTORNEY'S OFFICE
REQUEST FOR PROPOSALS
(RFP 27-1103)
OUTSIDE COUNSEL POOL
FISCAL YEARS 2027-2030
RFP Issued: September 28, 2026
Proposals Due: October 29, 2026, by 5:00 PM
Proposal Submission: Proposals must be submitted by email to kimberley.belmonte@durhamnc.gov
Submit Questions to: annemarie.tosco@durhamnc.gov

TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................................................................................................... 1
I. DESCRIPTION OF PROJECT AND NATURE OF RFP .................................................................................. 4
A. Overview ................................................................................................................................................ 4
B. About the City of Durham ...................................................................................................................... 4
C. General Information and Minimum Eligibility Requirements ................................................................. 5
D. Definitions in this RFP: City, RFP, Proposal, Candidate, Contractor, Should............................................. 5
II. SCOPE OF SERVICES ............................................................................................................................... 7
A. Special Conflict Counsel/Complex Litigation/Risk Management Defense Counsel Scope...................... 7
B. Real Estate Counsel Scope................................................................................................................................ 8
C. Collections and Foreclosure Counsel Scope .................................................................................................. 9
D. Workers' Compensation Defense Scope .................................................................................................... 10
E. Housing and Neighborhood Services Mortgage Closing Document Templates and Loan Closing
Services Scope ................................................................................................................................................. 11
F. Housing and Neighborhood Services Substantial Rehabilitation Loan Closing Services ...................... 12
G. Bankruptcy Counsel Scope ............................................................................................................................ 13
III. REQUIREMENTS FOR PROPOSALS ....................................................................................................... 14
A. Cover Letter ..................................................................................................................................................... 14
B. Personnel ......................................................................................................................................................... 14
C. Organizational Values and Practices ............................................................................................................ 14
D. Rates and Charges ...........................................................................................................................................15
E. Availability and Commitment to Provide Services ..................................................................................... 15
F. Actual or Perceived Conflicts ........................................................................................................................ 15
G. Public Clients ................................................................................................................................................... 15
H. Professional References ..................................................................................................................................15
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I. Mentorship Opportunities ............................................................................................................................ 15
J. Additional Information .................................................................................................................................. 15
IV. SUBMISSION PROCEDURES ................................................................................................................. 16
A. Submission Deadline and Location ............................................................................................................... 16
B. RFP Schedule ................................................................................................................................................... 16
C. Questions about the RFP ............................................................................................................................... 16
D. Updates and Revisions to RFP ....................................................................................................................... 16
E. Forms Required ................................................................................................................................................16
V. EVALUATION CRITERIA AND SELECTION PROCESS ............................................................................. 18
A. Evaluation Criteria .......................................................................................................................................... 18
B. Selection Process ............................................................................................................................................ 18
C. Contract for Services; Engagement Letter .................................................................................................. 18
D. Insurance ......................................................................................................................................................... 18
E. Removal from Outside Counsel Pool ........................................................................................................... 18
F. Discretion of the City ..................................................................................................................................... 19
VI. MISCELLANEOUS PROVISIONS ............................................................................................................ 20
A. Withdrawal Before Closing ........................................................................................................................... 20
B. Conflict of Interest ......................................................................................................................................... 20
C. Candidate to Bear Expense; No Claims Against City ................................................................................. 20
D. State Treasurer's List regarding Iran and Boycott of Israel ...................................................................... 20
E. Notice Under Americans with Disabilities Act ........................................................................................... 20
Aviso en virtud de la Ley de Estadounidenses con Discapacidades ....................................................... 20
F. Values of City of Durham Regarding Treatment of Employees and Contractors ................................. 20
G. Trade Secrets and Confidentiality ............................................................................................................... 21
Attachments
A. Contract for Legal Services Template
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B. Insurance Requirements
C. Non-Collusion Affidavit
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I. DESCRIPTION OF PROJECT AND NATURE OF RFP
A. Overview
The City Attorney of the City of Durham City Attorney's Office seeks to establish a general pool of
qualified law firms that are eligible to serve as approved outside counsel, from time to time and
as requested ("Outside Counsel Pool"). The City Attorney will consider the Proposals submitted in
response to this Request for Proposals ("RFP") and will establish an Outside Counsel Pool. In this
RFP, the phrase "law firm" includes solo practitioners.
The City Attorney desires to establish a diverse pool of approved outside counsel for the purpose
of best assisting the City in meeting its legal needs and goals as stated in this RFP. Participation is
open to law firms of any size, structure, or background. All are encouraged to apply for admission
to the Outside Counsel Pool. Selected qualified law firms for the Outside Counsel Pool will enter
into a three-year service agreement with the City of Durham. When specific services are needed,
the City Attorney's Office or a City Department will select a law firm from the Outside Counsel
Pool and memorialize the services to be performed in an engagement letter. Selection from the
Outside Counsel Pool may be made on a rotating basis, or may take into account other factors,
such as expertise or department priorities. The final amount of fair and reasonable compensation
shall be determined by the fee schedule to be supplied by each firm pursuant to this RFP.
B. About the City of Durham
The City of Durham was incorporated in 1869 and is located in the central part of North Carolina.
The City currently occupies a land area of approximately 116 square miles, with an estimated
population of 317,000. The City is home to Duke University, a private research university with
approximately 17,000 students, and North Carolina Central University, a public historically Black
university with approximately 9,000 students. Durham is also the primary location of Research
Triangle Park, the largest research park in the United States.
The City of Durham is a council-manager form of government. Under the council-manager form
of government, the manager is the chief administrative officer of the city. The manager is
appointed by the City Council, as are the City Attorney, and the City Clerk. The City Attorney's
Office serves as the legal representative and counsel for the Durham City Council and the City's
departments, boards, offices, commissions, and its officers and employees. The City Attorney's
Office is staffed with eleven attorneys, two paralegals, and an office manager. The City Attorney's
Office regularly engages outside counsel for specialized legal services.
The City of Durham has 2,600+ employees. These employees provide varied services, including
police, fire, and emergency medical services; waste collection, street cleaning and snow removal;
repair and installation of water pipes, electric lines and cables; vehicle repair and maintenance;
and a range of administrative tasks. The City is organized into 26 departments. The City maintains
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a Risk Management division within its Finance Department. The City also contracts with a Third
Party Administrator (TPA) that provides actuarial data to assist in evaluating and estimating length
of time and costs of injured employee claims. Annually, the City handles approximately 215
workers' compensation claims, some of which are referred to defense counsel.
C. General Information and Minimum Eligibility Requirements
The City of Durham requests law firms to submit a Proposal to provide legal services for the City
of Durham as specified in Section II, Scope of Services. The general practice areas include:
* Special Conflict Counsel/Complex Litigation/Risk Management Defense Counsel
* Real Estate Counsel
* Collections and Foreclosure Counsel
* Workers' Compensation Defense
* Housing & Neighborhood Services Document Drafting and Mortgage and Other
Loan Closing Services
* Bankruptcy Counsel
Proposers are invited to submit a Proposal for any number or all of the practice areas. Each
Proposal must clearly identify the specific practice area(s) for which the candidate seeks
consideration, as described in Section III, Requirements for Proposal. The City will evaluate each
practice area independently. Selection for one practice area does not guarantee or imply
selection for any other practice area. Awards will be made separately for each practice area
based on the evaluation criteria below.
The City's decision to issue this Request for Proposals is the result of a policy decision to
periodically evaluate the legal services it receives from outside counsel. It does not reflect
dissatisfaction with the services currently being performed by any provider. Current providers
who desire to continue providing services to the City are encouraged to and must submit a
Proposal to be considered for the Outside Counsel Pool.
As further detailed in Section V, Evaluation Criteria and Selection Process, the material provided
in the Proposal, interviews with the firms, and interviews with references will be the determinative
factors in selecting counsel. The fee arrangements submitted by proposers are important, but will
be secondary to the experience, service delivery, and other qualifications of the law firm.
All law firms responding to this RFP must be properly registered and in good standing with the
North Carolina Secretary of State. All attorneys anticipated to perform the Scope of Services must
be properly licensed to practice law in North Carolina by the appropriate state agency and must
not be currently subject to disciplinary action by the North Carolina State Bar or any federal or
State regulatory authorities. Any additional eligibility requirements for each practice area are
stated in Section II, Scope of Services.
D. Definitions in this RFP: City, RFP, Proposal, Candidate, Contractor, Should. Unless the context
indicates otherwise - (a) The expressions "RFP," "this RFP," and "the RFP" refer to this document as
it may be amended or updated. (b) "City" and "city" mean the City of Durham. (c) The "proposal" or
"Bid" is the response of a person, firm, or corporation proposing to provide the services sought by this
RFP. (d) The word "Candidate" or "candidate" is the person, firm, or corporation that submits a
proposal or that is considering submitting a proposal. (e) The word "Contractor" or "contractor" is
the person, firm, or corporation with which the City enters into a contract to provide the services
sought by this RFP. That is, "contractor" generally refers to a successful candidate that has obtained
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a fully executed contract with the City, while "candidate" is generally reserved to the stage before a
contract has been signed. (f) The word "should" is used to tell candidates what the City thinks it wants
and/or what the project manager thinks is best. Candidates that want to increase the likelihood of
being selected will, in general, do what the RFP says candidates "should" do, but failure to comply
with all "shoulds" will not necessarily and automatically result in rejection.
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II. SCOPE OF SERVICES
Proposers are invited to submit a Proposal for any number or
all of the practice areas.
A. Special Conflict Counsel/Complex Litigation/Risk Management Defense Counsel Scope
The City Attorney's Office is seeking law firms to provide legal advice and representation on an as-
needed basis. Selected law firms are expected to provide general legal services efficiently and
competently. The City Attorney's Office will direct the services that may include the following,
which is not an exclusive list:
* Providing review, analysis and application of relevant law;
* Assisting City staff with City Council presentations and meetings, including closed
session;
* Representing the City as a plaintiff or defendant in litigation;
* Preparing a litigation plan and budget;
* Compiling evidence and drafting demand letters, claim notices, and complaints;
* Drafting and arguing responsive pleadings, pretrial motions and writ proceedings;
* Conducting discovery, both offensive and defensive;
* Interviewing and deposing witnesses;
* Engaging in trial preparation, including the retention of trial consultants and experts;
* Conducting trial as well as post-trial motions;
* Handling appeals, interlocutory and post-trial;
* Representing the City in negotiation and settlement proceedings; and
* Participating in meetings, personal conferences, telephone conferences, discussions,
and other communications and proceedings.
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B. Real Estate Counsel Scope
The City of Durham ("City") is seeking law firms to provide various real estate services through the General
Services Department ("GSD"), Housing and Neighborhood Services Department ("H&NS"), and other title work
as necessary. GSD is responsible for City facility design, construction, operation, maintenance, evaluation,
rehabilitation, and improvement projects, as well as for the management of the City's real estate, including
acquisition of real property in conjunction with City projects. H&NS' real estate work focuses on enforcing
housing and nuisance codes.
Upon request from GSD or H&NS, the selected law firm(s) shall conduct a title search at least 30 years in length
for each property that will either be acquired, in whole or in part, in fee simple or that will be burdened with
at least one permanent easement. The title search on property that will be burdened by only a temporary
easement shall be just a current owner search. When the City is acquiring an entire parcel in fee simple, or as
otherwise requested, the law firm shall certify title to Investors Title Insurance Company to procure an
owner's policy for each acquired parcel, unless the City specifies otherwise. Up to 25% of the title searches
from H&NS may be for heirs' properties, with an average of 10 total searches per month.
Within two weeks of the request from the City, unless otherwise agreed upon, the law firm shall send City
staff the title opinion, and, in the case of acquiring an entire parcel, the title commitment for an owner's title
insurance policy and other documents as may be required by the City. Upon the City's request, the law firm
shall assist with the resolution of title matters. For cases designated as emergency repairs by H&NS, the law
firm shall conduct the title search within five (5) business days.
The law firm shall prepare the deed(s) required for closing using the City's templates, which will be provided
to the selected firm(s) by the City Attorney's Office upon full execution of a contract between the City and the
selected firm(s). The law firm is expected to verify the accuracy of each deed's legal description(s), including
plotting out metes & bounds descriptions, whether they are provided to the law firm in paragraph form and/or
as part of a survey that will be used as an exhibit to the deed being drafted. Upon the City's request, the law
firm shall also conduct the closing.
Law firms should also provide the flat fee or hourly rate for legal services such as resolving title matters and
performing closings, as well as for any incidental legal services.
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C. Collections and Foreclosure Counsel Scope
The Finance Department is seeking law firms to file necessary actions to recover and collect public nuisance
abatement liens and special assessment liens. Public nuisance abatement liens originate in the Housing &
Neighborhood Services Department and are authorized under NCGS 160A-193, 160D-1125, and 160D-
1203. Liens are imposed due to the abatement of violations of the City of Durham's public health, safety, and
welfare ordinances. Currently, the collectable unpaid nuisance abatement liens in accounts receivable are
approximately $1.01 million.
Pursuant to its charter authority, the City imposes special assessments for improvements abutting and
benefitting private property. The approximate amount of confirmed assessments is $938,163.39.
It is expected that the work under this Scope of Services will be motion practice. If a foreclosure defendant
raises a legal issue, such as a constitutional issue, or any other defense that will require trial, the selected law
firms will consult with the City to determine the appropriate course of action. After consultation, the selected
law firms will proceed with the trial unless the City requests dismissal of the action or the City determines to
provide legal representation in a different manner.
During the pendency of an action, if the property owner files for bankruptcy protection, then that case will be
put on discontinued status and returned to the City for appropriate action. The selected law firms will not be
required to file proofs of claim or take any actions in bankruptcy court.
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