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REQUEST FOR PROPOSAL
RFP Number 2011-005
The City of
The term of the contract shall be a
month-to-month arrangement beginning on
The City desires to enter into a
non-exclusive contractual relationship with a practicing attorney to provide
legal counsel related to water issues to the City of
1. Attend any special board or commission meetings as requested by the City Commission or City Manager.
2. Provide written legal opinions as requested by the City Commission or City Manager.
3. Draft and pass upon the legality of all ordinances, resolutions, contracts, bonds and other instruments affecting the water interests of the City.
4. Conduct research as required by the duties of the office and provide all clerical/secretarial work on behalf of the office.
5. Represent the City as its attorney in all water related court proceedings.
6. Submit a monthly invoice to the City Manager’s Office. The invoice must detail who performed the service, the time involved and the specific question or matter addressed. Payment will be made within ten (10) days after acceptance.
REQUIREMENTS OF PROPOSAL
Submit the following as labeled and in the same order as follows:
A. Experience in water related legal services.
1. Submit complete resumes of attorney(s) who will provide the work. Be sure to include all states in which the attorney(s) are licensed to practice law.
2. List workshops attended in the past two years and continuing education credits earned
3. Give a complete description of the firm’s library and/or resources and describe their access to and familiarity with legal resources necessary to the timely rendering of opinions on issues of municipal law.
4. Outline your limits of Professional Liability Insurance. State if there are any current suits pending against your firm.
B. Experience in Municipal, County or
other State governmental water rights law.
The applicant should list their familiarity with and background in
issues dealing with, compliance with Open Meetings and Inspection of Public
Records Act, drafting of contractual agreements, and municipal grants. Additionally list experience with public
agencies, tax and administrative law in the State of
C. The ability of the firm to perform work on a timely basis. Give a complete summary of current workload and the firm’s ability to perform work required on a timely basis. Identify and describe fully any areas of possible conflict of interest.
D. The geographic location of the firm.
E. The applicant should provide the City
Submit also the attached fee proposal sheet. (Attachment No. One.)
Should your firm have paralegal staff, please list your fee at the bottom of the hourly fee proposal sheet and state “Paralegal Services shall be $ per hour.”
The award will be made upon the following weighted criteria:
A. 50% - of the award shall be based upon the applicant’s prior experience with Municipal, County or other State governmental water law.
B. 10% - of the award shall be based upon the applicant’s access to relevant municipal law resources.
C. 20% - of the award shall be based upon the applicants proposed fee.
D. 20% - of the award shall be based upon the firm’s ability to perform work on a timely basis.
The City of
The City of
The Procurement Code,
This document is composed of 9
numbered pages. Upon receipt of the
Proposal Packet, each proposer should immediately inventory the contents to
verify that the packet is complete. If
the packet is complete, proposer may proceed with preparing a proposal response. Should the packet be incomplete, however, the
proposer should (a) call the designated contact person to obtain replacement
documents and (b) send a brief claim letter to the contact person
identifying the missing documents. Both
the telephone request and postmark of the claim letter must occur before
The award shall be made to the
responsible offeror whose proposal is most advantageous to the City of
1. Incurring Cost
Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the offeror.
2. Amended Proposals
may submit an amended proposal before the deadline for receipt of proposals.
Such amended proposals must be complete replacements for a previously
submitted proposal and must be clearly identified as such in the transmittal
letter. City of
3. Offerors' Rights to Withdraw Proposal
Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Purchasing Agent.
The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.
4. Proposal Offer Firm
Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer if one is submitted.
5. Disclosure of Proposal Contents
The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Purchasing Agent will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.
Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.
If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the City Purchasing Agent shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.
6. No Obligation
procurement in no manner obligates the City of
RFP may be cancelled at any time and any and all proposals may be rejected in
whole or in part when determined such action to be in the best interest of the
8. Sufficient Appropriation
contract awarded as a result of this RFP process may be terminated if
sufficient appropriations or authorizations do not exist. Such termination will be effected by sending
written notice to the awarded vendor.
The City of
9. Legal Review
10. Governing Law
procurement and any agreement with offerors that may result shall be governed
by the laws of the City of
11. Basis for Proposal
information supplied by the City of
12. Contract Terms and Conditions
an offeror object to any of the City of
The contract, including all extensions and renewals, shall not exceed three (3) calendar years in duration.
13. Offeror's Terms and Conditions
must submit with the proposal a complete set of any additional terms and
conditions which they expect to have included in a contract negotiated with the
14. Contract Deviations
additional terms and conditions, which may be the subject of negotiation, will
be discussed only between the City of
15. Right to Waive Minor Irregularities
The Purchasing Agent reserves the right to waive minor irregularities. The Purchasing Agent also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Purchasing Agent.
17. Agency Rights
18. Ownership of Proposals
documents submitted in response to this Request for Proposals shall become the
property of the City of
19. Use of Electronic Versions of this RFP
RFP is being made available by electronic means. If accepted by such means, the
offeror acknowledges and accepts full responsibility to ensure that no changes
are made to the RFP. In the event of conflict between a version of the RFP in
the offeror’s possession and the version maintained by the City of
20. Questions, Inquiries, and Contact
with City of
inquiries regarding the scope of work outlined in the RFP may be made to
Christine Dougherty, Purchasing Agent,
21. Responsibility of Offeror
At all times,
it shall be the responsibility of the offeror to ensure its proposal is
delivered to the City of
22. Campaign Contribution Disclosure Form
Offerors shall complete Attachment No. 2 - Campaign Contribution Disclosure Form and submit with each copy of the proposal. NOTE: Failure to comply with this requirement may result in rejection of the proposal.
Attachment No. 1
PROPOSAL BASED ON HOURLY
I/We the undersigned, will provide “City Attorney” services for the City of Tucumcari, New Mexico, as outlined in the Request for Proposal, at an hourly fee of $________per hour. This fee does not include applicable taxes.
ATTACHMENT NO. 2
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to Chapter 81, Laws of 2006, any prospective contractor seeking to enter into a contract with any state agency or local public body must file this form with that state agency or local public body. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contact, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.
THIS FORM MUST BE FILED BY ANY
PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or un-reimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.
“Contact” means any agreement for the procurement of items of tangible personal property, services, professional services, or construction.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.
“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.
“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.
“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Codes or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.
“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.
DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By: _____
Relation to Prospective Contractor: _____
Name of Applicable Public Official: _____
Date Contribution(s) Made: _____
Amount(s) of Contribution(s): _____
Nature of Contribution(s): _____
Purpose of Contributions(s): _____
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL
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Current municipal code for the City of Tucumcari. (This link takes you to a site that is not maintained by the City of Tucumcari.)
As approved and adopted on October 11, 2007.
Published in 2004
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