1-FINAL DRAFT Worcester Township Solicitor RFP.pdf

Worcester Township Request for Proposals (RFP) for Township Solicitor

1. PURPOSE AND INTENT

Through this Request for Proposals (RFP), Worcester Township seeks to engage a respondent as Solicitor for Worcester Township upon appointment.

2. PROPOSAL SUBMISSION

Responses should be submiƩed electronically in PDF format to the following person via email:

Dan DeMeno Township Manager 1721 S. Valley Forge Road PO Box 767 Worcester, PA 19490 610-584-1410 ddemeno@worcestertwp.com

The proposal must be received no later than Tuesday, February 3rd, 2026, by 4:00 PM via PennBid Any inquiry concerning this RFP should be directed to:

Dan DeMeno Township Manager 1721 S. Valley Forge Road PO Box 767 Worcester, PA 19490 610-584-1410 ddemeno@worcestertwp.com

All documents and information submitted in response to this solicitation shall be considered public records and made available to the general public in accordance with applicable law.

Worcester Township shall not be responsible for any costs incurred by respondents in connection with the preparation or submission of proposals. The Township reserves the right to waive any irregularities or informalities in the proposals, with or without cause.

Worcester Township reserves the right to negotiate with all qualified respondents, or to cancel this RFP, as a whole or in part, when the Township determines that such action is in its best interest.

The Township also reserves the right to conduct such investigations as it deems necessary to evaluate the qualifications and information provided by any respondent.

3. GENERAL INFORMATION

Worcester Township is a Pennsylvania second-class township located in Montgomery County.

The Township is governed by a three-member Board of Supervisors and an appointed Township Manager.

Worcester Township encompasses approximately 16.2 square miles and has an estimated population of 11,810. The Township operates with an annual General Fund budget of approximately $4.6 million and employs 15 full-time employees and one part-time employee.

The Board of Supervisors meets on the third Wednesday of each month, with special meetings held on an as-needed basis.

4. MINIMUM QUALIFICATIONS

Worcester Township requires the services of a firm or individual that can provide legal advice on a variety of maƩers. See Exhibit A for details on the services needed.

5. PERFORMANCE STANDARD:

a. All work performed and managed must be of the highest quality and shall be performed in a Ɵmely manner.

b. All services to be performed under this ensuing contract, shall be performed in the most cost-effecƟve manner while achieving the objecƟves of the Township.

6. TERM OF CONTRACT

Contract shall be at will and may be terminated at any time, for any reason, upon a vote of the majority of the Board of Supervisors.

7. INSURANCE

The selected firm shall, at its sole cost and expense, procure and maintain insurance in full force and effect for the performance of services under this agreement, in the types and limits specified below. In addiƟon to the insurance coverage and limits listed herein, the selected firm shall obtain any other insurance coverage required by law.

a. General Liability Insurance

i. Limits of Liability:

1. $1,000,000 in the aggregate and per occurrence.

ii. Coverage:

1. Premises operaƟons, blanket contractual liability, personal injury liability (employee exclusion deleted), products and completed operaƟons independent contractors, employees and volunteers as addiƟonal insureds, joint liability, and broad form property damage (including completed operaƟons).

b. Workers' CompensaƟon and Employers' Liability Insurance

i. Limits of Liability:

1. Statutory Limits.

c. Automobile Liability

i. Limits of Liability:

1. $1,000,000 per occurrence combined single limit for bodily injury

(including death) and property damage liability.

d. Professional Liability Insurance

i. Limits of Liability:

1. $1,000,000 by claim and $2,000,000 in the aggregate.

Coverage for occurrences happening during the performance of services required under this agreement shall be maintained in full force and effect under the policy. The policy shall include "tail coverage" for the work performed on behalf of the Township aŌer the terminaƟon of his/her employment.

All insurance provided for in this secƟon shall be obtained under valid and enforceable policies issued by insurers of recognized responsibility that are licensed to do business in the Commonwealth of Pennsylvania. The Township requires that CerƟficates of Insurance evidence the existence of such insurance shall be submiƩed to the Township at least 10 calendar days before work is begun. If the term of this contract coincides with the term of the selected firm's insurance coverage, CerƟficates of Insurance from the expiring policy(ies) will be accepted, but CerƟficates of Insurance evidencing renewed coverage of a new policy must be presented to the Township no later than 30 days aŌer the effecƟve date of the policy.

The Township reserves the right to review categories and levels of insurance coverage held by the selected firm as part of its ongoing risk management program. The selected firm will be noƟfied, in wriƟng, of coverage requirements as determined by this review and the firm agrees to secure such requested coverage.

8. TERMS AND CONDITIONS

The Township will require a signed professional services agreement with the selected firm. The chosen firm will submit a draŌ agreement for Township review and consideraƟon.

9. UNDUE INFLUENCE

The successful candidate agrees not to hire any Township personnel who may exercise or has exercised discreƟon in the awarding, administraƟon, or conƟnuance of this agreement for up to and including one (1) year following the terminaƟon of the individual’s employment from the Township. Failure to abide by this provision shall consƟtute a breach of this agreement.

10. MANDATORY CONTENTS OF PROPOSAL

In addiƟon to demonstraƟng an ability to meet all minimum qualificaƟons described in Exhibit A, the firm must also include and address the following:

a. Contact informaƟon for principal professional for the preparaƟon of the proposal, and the principal professional assigned to the Township.

b. Three-year rate proposal for 2026, 2027 and 2028. The proposal should include a Rate Schedule for partners/members, associates, and paralegals, detailing personnel classificaƟons, rates per hour, retainer (and scope of service related to the retainer amount), direct expenses such as auto travel, copies, etc., and any other costs that may be applicable.

c. An execuƟve summary of no more than two (2) pages, idenƟfying and substanƟaƟng why the respondent is best qualified to provide the requested services.

d. A staffing plan lisƟng those persons who will be assigned to the engagement if the respondent is selected, including the designaƟon of the person who would be the respondent's principal professional responsible for all services required under the engagement. This porƟon of the proposal should include the relevant résumé informaƟon for the individuals who will be assigned. The informaƟon should include, at a minimum, a descripƟon of the principal's relevant professional experience, years and type of experience, and number of years with the respondent.

e. A descripƟon of the respondent's experience in performing services of the type described in this RFP. The respondent shall have extensive experience as a municipal solicitor in the state of Pennsylvania. Provide specific examples of work within the scope of services required under this RFP.

f. A descripƟon of the systems that will be established for monthly reporƟng of the status of projects, requests, and liƟgaƟon.

g. The locaƟon of respondent's office, if other than the respondent's main office, at which the respondent proposes to perform services required under this RFP. Describe your presence in Pennsylvania and any familiarity your firm has with the Montgomery County area.

h. References, including at least three (3) municipal clients, three (3) current clients for whom services have been provided for at least three (3) years, and two (2) clients for whom services have been provided within the past seven (7) years. Provide the contact names, Ɵtles, phone numbers, and email addresses.

i. If the respondent or any principal therein has been engaged as a defendant in any liƟgaƟon involving a sum of $100,000 or more and/or has been subject to any professional disciplinary acƟon over the last three (3) years, the respondent must provide a descripƟon of the liƟgaƟon and/or disciplinary acƟon.

j. A descripƟon of any ongoing invesƟgaƟons and/or liƟgaƟon maƩers involving the respondent, its directors, officers and principals and any individuals employed by the respondent that relates to the performance of the respondent in the proposed field of experƟse.

k. It is important that the solicitor represenƟng the Township not having any other clients that have or would be in conflict with Township issues. Specify if there are any actual or potenƟal conflicts of interest with the Township. Include a disclosure of clients who have had dealings with the Township, including all boards and commissions. Explain how your firm would handle such conflicts. Also, set out any allowance in contract price if the Township must retain other legal counsel because of a conflict of interest with your firm.

Present evidence of firm's malpracƟce coverage.

l. A detailed lisƟng of the method of charging for professional and administraƟve services;

the billable rates for all personnel of your firm who may provide services to the Township (do not list a range of rates); a descripƟon of the mulƟpliers, overhead charges, and other applicable fee informaƟon; a descripƟon of minimum billings; hourly or per meeƟng rates associated with aƩending Worcester Township evening meeƟngs, as requested. Any costs incurred by proposer in preparing or submiƫng offers are the proposer's sole responsibility. The Township will not reimburse any proposer for any costs incurred prior to contract award.

11. QUESTIONS FOR PROSPECTIVE BIDDERS

1. A copy of the Commonwealth of Pennsylvania Business RegistraƟon Certificate.

2. A copy of the CerƟficate of Insurance for general liability, professional liability and worker's comp.

3. Copy of Equal Opportunity Employment policy.

4. Copy of Americans with DisabiliƟes Act policy.

5. Disclosure of PoliƟcal ContribuƟons (last five years) to candidates and/or campaigns in

Worcester Township

a. Any amount of currency

b. Any other monetary or in-kind (goods or services) contribuƟons in excess of $250 in the aggregate from one source.

6. List all contracts held and monetary value with Worcester Township in the last five years.

7. List all contracts held and monetary value with other municipaliƟes in Montgomery County in the last five years.

8. List all contracts held and monetary value with public enƟƟes in Montgomery County in the last five years.

9. Have any of your employees previously worked or currently work for Worcester Township?

If so, please provide names and dates of employment.

10. Do any of your staff have family members that have worked or currently work for

Worcester Township? If so, please provide names and dates of employment.

11. Provide a list of all lawsuits against your firm within the last five years. Include name, date and descripƟon of lawsuit. If an outcome was reached, please provide a descripƟon and any associated monetary values.

12. Has your firm been found to be in violaƟon of any Federal, State, or local laws or regulaƟons in the last five years? If so, please provide a descripƟon of each violaƟon and associated remedy and/or acƟon taken.

12. REQUIREMENT FOR BID SUBMISSION

PLEASE NOTE that the Township shall not consider a Response to this Request for Proposals where the ProspecƟve Professional Service Provider contributes to the PoliƟcal AcƟon CommiƩee (PAC) of any siƫng member of the Worcester Township Board of Supervisors within a period of ninety (90) days immediately prior to the submission of its response.

13. INTERVIEW

The Township Manager and/or the Board of Supervisors reserve the right to interview all the respondents submiƫng a proposal. Although interviews may take place, the proposal should be comprehensive and complete on its face. Worcester Township reserves the right to request clarifying informaƟon aŌer submission of the proposal.

14. SELECTION PROCESS

All proposals will be reviewed by the Township Manager and/or Board of Supervisors to determine responsiveness. Non-responsive proposals will be rejected without evaluaƟon. For respondents that saƟsfy the Minimum QualificaƟons, and the Mandatory Contents of Proposal, the Township's evaluaƟon will include but not be limited to the following evaluaƟon criteria, separate or combined in some manner, and not necessarily listed in order of significance:

a. The respondent's general approach to providing the services required under this RFP.

b. The respondent's municipal experience and the engagement addressed by this RFP.

c. The qualificaƟons and experience of the respondent's management, supervisory or other key personnel assigned to the engagement, with emphasis on municipal experience and on the services required by this RFP.

d. The overall ability of the respondent to mobilize, undertake and successfully complete the scope of work in a Ɵmely fashion. This criterion will include, but not be limited to, the following factors: the number and qualificaƟons of management, supervisory and other staff proposed by the respondent to perform the services required by this RFP; the availability and commitment to the engagement of the respondent's management, supervisory and other staff proposed.

e. Costs and fee schedules.

f. Other criteria as deemed appropriate by the Worcester Township Board of Supervisors.

15. SELECTION AND CONTRACT

Worcester Township will select the respondent deemed most advantageous to the Township, with price and other factors considered. The resulƟng contract will include this RFP, any clarificaƟons or addenda thereto, the selected respondent's proposal, and any changes negoƟated by the parƟes. Worcester Township shall not be required to appoint the lowest cost respondent.

16. FILES

At the terminaƟon of the employment of the solicitor, he/she shall promptly return to the township all files complete with all documents, memos, legal research notes, correspondence and all other material contained therein including but not limited to electronic data, at no cost to the Township.

17. EXCEPTIONS

Any excepƟons to terms, condiƟons, or other requirements in any part of this RFP must be clearly pointed out in the candidate's proposal. Otherwise, the Township will consider that all items offered are in strict compliance with this RFP, and the successful proposer will be responsible for compliance.

18. QUESTIONS/CLARIFICATIONS

All official quesƟons and/or clarificaƟons shall be directed, in wriƟng, to the person noted below by Tuesday, January 20, 2026 at 4:00 PM. QuesƟons raised aŌer this cut-off will remain unanswered.

Dan DeMeno Township Manager 1721 South Valley Forge Road P.O. Box 767 Worcester, PA 19490

(610) 584-1410 ddemeno@worcestertwp.com

QuesƟons may be answered in wriƟng and distributed to all firms.

19. AUTHORITY TO DISTRIBUTE RFP PACKAGES

The Township Manager's Office is the sole enƟty authorized to provide this RFP package to interested companies or individuals.

Exhibit A

Worcester Township Request for Proposals & QualificaƟons for Municipal Professionals Minimum QualificaƟons

General Solicitor

Respondents must establish that they meet the following minimum qualificaƟons:

1) MulƟ-disciplined firm with experience in municipal law, municipal liƟgaƟon, land preservaƟon, zoning defense, contracts, administraƟve law, tort claims laws, Pennsylvania labor, and employment law. The respondent shall have experience working for municipaliƟes in the State of Pennsylvania. The respondent must demonstrate a high degree of knowledge, experience and ability including, but not limited to, the following:

a. Working with government, including Second Class Townships of the Commonwealth of Pennsylvania

b. Experience in a Council-Manager Form of Government

c. Relevant Pennsylvania laws, codes, and regulaƟons

d. Business law, parƟcularly in areas of bankruptcy, contracts, and purchasing

e. PreparaƟon and review of ordinances, resoluƟons, agreements, forms, and other documents as required by the Township.

f. Zoning regulaƟons

g. Subdivision, land development, and environmental maƩers

h. Bond and finance procedures

i. AcquisiƟon and disposiƟon of real estate/real property

j. Tax law, debt collecƟon, business law, bankruptcy, real estate, construcƟon contracts and management, and dispute resoluƟon; various administraƟve and judicial procedures

k. LiƟgaƟon experience for plainƟffs and defendants, not only at the Common Pleas level, but at the appellate levels

l. Government ethics laws

m. ExperƟse in reviewing contract documents for contractors, performance, responsibiliƟes, and liability requirements

n. ExperƟse in wriƟng deed descripƟons for property transfer

o. ExperƟse in review of reimbursement agreements with State and Federal agencies for Township projects.

p. ExperƟse in review of risk management for construcƟon contracts

q. Laws and regulaƟons regarding storm water management and wastewater treatment

r. Stream and waterway rehabilitaƟon and preservaƟon

s. Right to Know/Sunshine Law/Records RetenƟon Law

2) The respondent must aƩend and provide legal advice at all public meeƟngs when asked and other meeƟngs as directed and represent the Township in all judicial, agency, EEOC, PHRC, and arbitraƟon maƩers, including but not limited to the negoƟaƟon of all seƩlements.

3) The respondent must be licensed to pracƟce law in the Commonwealth of Pennsylvania and be a member of the Bar in good standing. Include a list of any other professional qualificaƟons, experiences, and/or credenƟals you feel are relevant to this RFP. The respondent shall comply with and be subject to all provisions of federal, state and local laws.

4) Appointment The Board of Supervisors may appoint a Township Solicitor, on a full-Ɵme, part-Ɵme or retainer basis, for an indefinite term.

5) QualificaƟons The Township Solicitor may be either an individual or a partnership or a professional legal corporaƟon, learned in the law and in good standing and acƟve legal pracƟce in the Commonwealth of Pennsylvania.

6) CompensaƟon The compensaƟon of the Township Solicitor shall be fixed by contract.

7) Scope of Authority All the legal affairs of the Township shall be under the general supervision of the Township Solicitor. Except as otherwise provided by the Board of Supervisors, no official, member of the Board of Supervisors, or employee of the Township may employ addiƟonal legal counsel without express authorizaƟon to do so from the Board of Supervisors. Services must be rendered in accordance with ArƟcle XI of the Second Class Township Code.

8) DuƟes The Township Solicitor shall render such legal services as may be necessary or desirable for the best interests of Worcester Township and shall, upon request, furnish the Board of Supervisors and/or Township Manager with a wriƩen opinion upon any quesƟon of law submiƩed by any of them in their official capacity.

9) Special Counsel The Board of Supervisors may specially employ legal counsel in connecƟon with any legal maƩers involving Worcester Township or any of its officials or employees as needed.