1.1 Harrisburg City Council (“City Council”) is seeking proposals on the form of
general statements of interest and specified qualifications from attorneys and
law firms who wish to provide legal advice and counsel for the purposes of
advising City Council regarding the Pennsylvania Municipalities Financial
Recovery Act (“Act 47”)1 and Chapter 9 of the Bankruptcy Code of the United
States (“Chapter 9”)2, for a period commencing in late October 2010.
1.2 Within any statements on interests and qualifications, the background of law
firms and attorneys seeking to provide legal services should include their
experience and abilities to perform general bankruptcy services, with a
specialization in working with municipal bankruptcies under Chapter 9 and/or
working with financially distressed municipalities pursuant to Act 47.
1.4 Interviews will be conducted during the week of October 25th, 2010. Please be
prepared to be interviewed by City Council in Harrisburg. All interviews will
be held in public in City Council Chambers.
1
Pennsylvania Municipalities Financial Recovery Act, Act of July 10, 1987, P.L. 246, No. 47, 53 P.S. §§11701.101
et seq.
2
Chapter 9 of the Bankruptcy Code for the Adjustment of Debts of a Municipality, 11 U.S.C. §901 et seq.
1.6 It is expected that you perform a complete search of potential conflicts that you
and your firm may have that would prevent you from representing Harrisburg
City Council or/and the City of Harrisburg.
2.1 City Council reserves the right to reject all candidates and submissions either
prior to or following the interview process.
2.2 City Council reserves the right to narrow or broaden the scope of legal services
at any time to fully address the current and future needs of the City of
Harrisburg.
3.1 There is no mandated or preferred format for the general statements of interest
and specified qualifications from interested attorneys and law firms. The
content of the submission should demonstrate how the background, experience,
knowledge and skill of the candidate attorneys and firms will assist City
Council best in determining all facets, positive and negative, of the City of
Harrisburg filing for distressed municipality status under Act 47 and/or the City
of Harrisburg filing for protection from debtors in Municipal Bankruptcy under
Chapter 9 of the United States Bankruptcy Code. A clear identification of the
attorneys within any firm who will be actually providing professional services
is essential. Resumes and/or curriculums vitae of those attorneys should be
included.
3.2 Any submission should contain information on fees and costs, including the
hourly or other appropriate billing rates for the individual(s) who will be
providing the legal services. Billing rates will be subject to negotiation.
Proposals that include legal work performed on an alternate billing or fixed fee
basis are encouraged.
4.0 SUBMISSIONS
Candidates may opt instead to mail or otherwise deliver ten (10) complete
written packets that include your complete proposals and statements to:
In the preparation of the proposals and statements, attorneys and firms will
only have available from City Council the information provided in this
Request. However, questions may be submitted by contacting Beth Ann
Gabler, City Clerk, either in writing at the office of the City Clerk or by calling
her directly at (717) 255-3060.
5.0 SELECTION
5.1 City Council may elect to interview some, none or all attorneys and firms
presenting general statements of interests and specified qualifications. The
candidate’s experience, fees, responsiveness, capability and capacity to
efficiently perform both routine and complex legal analysis and work will be
considered. Overall problem solving skills and experience are required. The
attorney or firm believed to best meet the current and projected needs of the
City Council and/or the City of Harrisburg shall be selected.
5.2 The City Council reserves the right to commence discussions as it sees fit with
one or more attorneys and firms in connection with any outside special counsel
services, including the areas of (1) bankruptcy, (2) municipal bankruptcy, (3)
distressed communities under Act 47, (4) receivership, and (5) municipal
finance.
5.3 In any event, as a provider of professional legal services, any successful
attorney or firm candidate(s) will be required to provide indemnity for
professional negligence, errors and omissions as a part of the agreement with
City Council.
Issued by:
Beth Ann Gabler
City Clerk
City of Harrisburg
10 N. Second Street, Suite 1
Harrisburg, PA 17101
Telephone: (717) 255-3060