2020-0102 Legal Services 7.18.22.pdf

CITY OF RIO COMMUNITIES

REQUEST FOR PROPOSAL

NO. 2022-0101

Legal Services

NIGP COMMODITY CODE: 96149

July 2022

Table of Contents

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. SUMMARY SCOPE OF WORK

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

E. DEFINITION OF TERMINOLOGY

F. PROCUREMENT LIBRARY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue RFP

2. Return of “Acknowledgment of Receipt” Form for Distribution List

3. Pre-Proposal Conference

4. Deadline to submit additional written questions

5. Response to questions/RFP Amendments

6. Submission of Proposal

7. Proposal Evaluation

8. Notification of Finalists

9. Best and Final Offers

10. Oral Presentations

11. Contract Negotiations

12. Contract Award

13. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors

5. Amended Proposals

6. Offerors' Rights to Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

9. No Obligation

10. Termination

11. Sufficient Appropriation

12. Legal Review

13. Governing Law

14. Basis for Proposal

15. Contract Terms and Conditions

16. Offeror’s Terms and Conditions

17. Contract Deviations

18. Offeror Qualifications

19. Right to Waive Minor Irregularities

20. Change in Contractor Representatives

21. Notice

22. City Rights

23. Right to Publish

24. Ownership of Proposals

25. Ambiguity, Inconsistency or Errors in RFP

26. Competition

27. Use by Other Government Entities

28. Confidentiality

29. Electronic mail address required

30. Use of Electronic Versions of this RFP

31. Insurance

32. Procurement Preferences

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

1. Proposal Organization

2. Other Supporting Materials

IV. SPECIFICATIONS

A. INFORMATION

1. Resident Business Preference Certificate

2. Resident Veterans Preference Certificate

3. Response to Requirements

B. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

2. Professional Qualifications (Pass/Fail)

3. Capability and Agreement to Perform (Pass/Fail)

4. Campaign Contribution Disclosure Form (Pass/Fail)

5. Minimum Level of Effort (Pass/Fail)

6. Property Tax Obligations (Pass/Fail)

8. Experience with New Mexico Local Public Body & NM Local Government Law Specialist (200

Points)

9. Accessibility and Timeliness (200 Points)

10. Cost (100 Points)

12. Oral Presentation (40 Points)

C. MANDATORY REQUIREMENTS ............................ Error! Bookmark not defined.

1. Specific Experience

2. References (50 Points)

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS: MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

2. Professional Qualifications (Pass/Fail)

3. Capability and Agreement to Perform (Pass/Fail)

4. Campaign Contribution Disclosure Form (Pass/Fail)

5. Minimum Level of Effort (Pass/Fail)

6. Property Tax Obligations (Pass/Fail)

7. Debarment & Suspension Certification (Pass/Fail)

8. Experience with New Mexico Local Public Body (200 Points)

9. Accessibility (200 Points)

10. Cost (100 Points)

11. Percentage of Board-Certified Specialists in Local Government Law (50 Points)

12. Oral Presentation (40 Points)

C. EVALUATION FACTORS: DESIRABLE REQUIREMENTS

1. Specific Experience

a. Experience with Contract Law (45 Points)

b. Experience with Employment Law (45 Points)

c. Experience with Procurement Law (45 points)

d. Experience with Criminal Law (45 Points)

e. Experience with Tort Litigation (45 Points)

f. Experience Union Contract Negotiations (45 Points)

g. Experience Annexation, Land Use & Property Law (45 Points)

h. Experience Creation & Enforcement of Local Ordinances (45 Points)

2. References (50 Points) ................................................................... Error! Bookmark not defined.

D. EVALUATION PROCESS

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

LEGAL SERVICES CONTRACT

APPENDIX C

LETTER OF TRANSMITTAL FORM

APPENDIX D

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX E

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER

RESPONSIBILITY MATTERS

APPENDIX F

RESIDENT VETERANS PREFERENCE CERTIFICATION

APPENDIX G

COST RESPONSE FORM

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The City of Rio Communities, State of New Mexico, on behalf of the City of Rio Communities

City Councilors seeks sealed proposals from qualified law firms for legal services to oversee and assist in managing all City related legal matters, ensuring maximum protection of legal rights and continued operation consistent with federal, state and local laws.

B. SUMMARY SCOPE OF WORK

The scope of work consists of providing legal counseling, advice and services to City

Councilors, the City Manager, upper management and elected officials.

C. SCOPE OF PROCUREMENT

The scope of the procurement consists of providing legal counseling, advice and services. The duration of the professional services contract resulting from this RFP shall be for one (1) year from the date of award. This Contract will automatically renew on an annual basis, for up to three (3) additional one (1) year terms unless terminated as provided by this Contract or law. In accordance with Section 13-1-150 NMSA 1978, no term for a professional services contract, including extensions and renewals, shall exceed four (4) years, except as set forth in Section 13-

1-150 NMSA 1978. This procurement will result in a single source award.

D. PROCUREMENT MANAGER

The City of Rio Communities has designated a Procurement Manager who is responsible for this procurement and whose name, address, and telephone number are listed below. Any inquiries or requests regarding this procurement should be submitted to:

https://www.bidnetdirect.com/new-mexico/cityofriocommunities Offerors may contact ONLY the Procurement Manager regarding the procurement. Other City employees do not have the authority to respond on behalf of the City of Rio Communities.

Angela R. Valadez

City of Rio Communities

Request for Proposals packages will be available online at https://www.bidnetdirect.com/new-mexico/cityofriocommunities Interested bidders will need to register to access the documents. For questions regarding this bid please contact the City of Rio Communities Chief Procurement

Officer, Angela R. Valadez via email at avaladez@riocommunities.net.

Phone: (505) 861-6803

Fax: (505) 861-6804

Mailing Address:

360 Rio Communities Blvd., Rio

Communities NM 87002 https://www.bidnetdirect.com/new-mexico/cityofriocommunities https://www.bidnetdirect.com/new-mexico/cityofriocommunities https://www.bidnetdirect.com/new-mexico/cityofriocommunities mailto:avaladez@riocommunities.net

E. DEFINITION OF TERMINOLOGY

This section contains definitions that are used throughout this procurement document, including appropriate abbreviations.

“City Councilors” (also “CC”) means the elected board in whom all powers of the City are vested and who are responsible for the proper and efficient administration of City government.

"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight

Time (MDT), whichever is in effect on the date specified.

"Contract" or “Agreement” means a written agreement for the procurement of items of tangible personal property or services.

"Contractor" means a successful Offeror who enters into a binding contract.

"City" means the City of Rio Communities, State of New Mexico.

"Determination" means the written documentation of a decision of the procurement manager including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

“Desirable" refers to the terms "may", "can", "should", "preferably" or "prefers" which identify a desirable or discretionary item or factor. (As opposed to a “mandatory” item or factor.)

"Evaluation Committee" means a body appointed by City management to perform the evaluation of Offeror proposals.

"Evaluation Committee Report" means a report prepared by the Procurement Manager and the

Evaluation Committee for submission to appropriate approval authorities for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

"Finalist" is defined as an Offeror who meets all the mandatory specifications of this Request for

Proposal and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

"Mandatory" refers to the terms "must", "shall", "will", "is required" or "are required" which identify a mandatory item or factor. (As opposed to a “desirable” item or factor.) Failure to meet a mandatory item or factor may result in the rejection of the Offeror's proposal.

"Local public body" means every political subdivision of the State of New Mexico and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities.

"Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

"Procurement Manager" means the person or designee authorized by the City to manage or administer a procurement requiring the evaluation of competitive sealed proposals.

"Procuring agency of the City" means the department or other subdivision of the City of Rio

Communities that is requesting the procurement of services or items of tangible personal property.

"Purchase Order” or "PO" means the document which directs a contractor to deliver items of tangible personal property or services pursuant to an existing, valid contract.

"Purchasing” means the City of Rio Communities Purchasing Office or the City of Rio

Communities Purchasing Agent.

"Purchasing Agent" or "PA" means the Purchasing Agent for the City of Rio Communities.

"Request for Proposals" or "RFP" means all documents, including those attached or incorporated by reference, used for soliciting proposals.

"Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished required information and data to prove that their financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property called for in this proposal.

"Responsive Offer" or "Responsive Proposal" means an offer or proposal which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity and delivery requirements.

“Statement of Compliance” and “Statement of Concurrence” mean an express statement, by the

Offeror in their proposal, that they agree with and agree to the stated requirement(s). Possible examples of acceptable responses include “The [NAME HERE Company] agrees to comply with this requirement.” and “The [NAME HERE Company] concurs with this requirement.”

F. PROCUREMENT LIBRARY

The Procurement Library consists of the following documents which may be accessed by their associated Internet links:

New Mexico Procurement Code

Chapter 13 - Public Purchases and Property - NMOneSource.com

• City of Rio Communities Procurement Policy: 2015-52 https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/6851/city_of_rio

_communities_procurement_policy_manual.pdf

• The City of Rio Communities Procurement Forms

• New Mexico Veterans/In-State Preference http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

• Bidnet Direct https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/6851/city_of_rio_communities_procurement_policy_manual.pdf https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/6851/city_of_rio_communities_procurement_policy_manual.pdf https://www.bidnetdirect.com/new-mexico/cityofriocommunities http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

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II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule for the procurement, describes the major procurement events and contains the general requirements governing the procurement.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

ACTION RESPONSIBILITY DATE

1. Issue RFP Procurement Manager (PM) July 28, 2022

2. Return of “Acknowledgment of

Receipt” Form for Distribution List

Potential Offerors (PO) August 18, 2022

3. Pre-Proposal Conference PM, PO August 25, 2022 @ 3 pm

4. Deadline to Submit Additional

Questions

PO

August 30, 2022

5. Response to Written Questions/

RFP Amendments

PM

September 01, 2022

6. Submission of Proposal Offerors September 8, 2022 @ 11 am

7. Proposal Evaluation Evaluation Committee (EC) September 12 –

September 14, 2022

8. Notification of Finalists (If desired)

EC

September 15, 2022

9. Best & Final Offer (If requested) Offerors September 19, 2022

10. Oral Presentations (If requested) Offerors September 21, 2022

11. Contract Negotiations (If needed)

Tentative winner/City September 22, 2022

12. Contract Award* Purchasing Agent/CC* September 26, 2022

13. Protest Deadline Offerors October 11, 2022

*Contract award is subject to approval of the City Councilors.

B. EXPLANATION OF EVENTS

The following paragraphs further detail the activities listed in the sequence of events shown in

Section II, Paragraph A.

1. Issue RFP

This RFP is being issued by the City of Rio Communities Purchasing Agent. The RFP can be accessed online at https://www.bidnetdirect.com/new-mexico/cityofriocommunities.

2. Return of “Acknowledgment of Receipt” Form for Distribution List

Invitation for Bid packages will be available online at https://www.bidnetdirect.com/new-mexico/cityofriocommunities. Interested bidders will need to register to access the documents.

For questions regarding this bid please contact the City of Rio Communities Chief Procurement

Officer, Angela R. Valadez via email at avaladez@riocommunities.net.

The form should be signed by an authorized representative of the organization, dated and returned by the close of business on the date indicated in Section II.A (Sequence of

Events), above.

The procurement distribution list will be used to notify those that submitted the form of any written responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential offeror's organization name shall not appear on the distribution list.

3. Pre-Proposal Conference

A non-mandatory Pre-Proposal Conference will be held on the date indicated in Section

II.A (Sequence of Events), above at 3:00 P.M. MST at the City of Rio Communities

Admin Building at 360 Rio Communities Blvd., Rio Communities, NM 87002. Potential offerors are encouraged to submit written questions in advance of the conference to the

Procurement Manager (See Section I, Paragraph D). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed at the conference. A public log will be kept of the names of potential offerors that attended the Pre-Proposal

Conference.

Attendance at the Pre-Proposal Conference is not a prerequisite for submission of a proposal but is highly recommended as questions will be answered.

4. Deadline to submit additional written questions

Potential offerors may submit written questions as to the intent or clarity of this RFP until

5:00 PM MST on the date indicated in Section II.A (Sequence of Events), above. All written questions must be uploaded to: https://www.bidnetdirect.com/new-mexico/cityofriocommunities

5. Response to questions/RFP Amendments

Written responses to written questions and any RFP amendments will be posted on

Bidnet. https://www.bidnetdirect.com/new-mexico/cityofriocommunities. Notification of such posting shall be provided to all potential offerors that have returned the

“Acknowledgement of Receipt” form will be uploaded to:

https://www.bidnetdirect.com/new-mexico/cityofriocommunities. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process.

https://www.bidnetdirect.com/new-mexico/cityofriocommunities https://www.bidnetdirect.com/new-mexico/cityofriocommunities mailto:avaladez@riocommunities.net https://www.bidnetdirect.com/new-mexico/cityofriocommunities https://www.bidnetdirect.com/new-mexico/cityofriocommunities

6. Submission of Proposal

OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION

BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 11:00

AM MST ON THE DATE INDICATED IN SECTION II.A (SEQUENCE OF

EVENTS), ABOVE. PROPOSALS RECEIVED AFTER THIS DEADLINE FOR

ANY REASON WILL NOT BE ACCEPTED OR CONSIDERED.

A public log will be kept of the names of all offerors submitting proposals. Pursuant to

Section 13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award.

7. Proposal Evaluation

The evaluation of proposals will be performed by an Evaluation Committee appointed by

City Manager. This process will take place during the time period indicated in Section

II.A (Sequence of Events), above. During this time, the Procurement Manager may at his/her option initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Notification of Finalists

The Evaluation Committee may select and the Procurement Manager may notify finalist offerors on the date indicated in Section II.A (Sequence of Events), above. Only finalists will be invited to participate in the subsequent steps of the procurement. The Evaluation

Committee reserves the right not to utilize the finalist process if they deem it in the best interest of the City of Rio Communities.

9. Best and Final Offers

Finalists may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers on the date indicated in Section II.A (Sequence of Events), above.

10. Oral Presentations

Finalist Offerors may be required to make an oral presentation to the Evaluation

Committee. If so required, the Procurement Manager will schedule the time for each

Offeror’s presentation. All presentations will be made at the City of Rio Communities

Admin Offices at 360 Rio Communities Blvd., Rio Communities, NM 87002. Each presentation will be limited to a fixed amount of time as designated by the Procurement

Manager in the Oral Presentation requirement notification.

11. Contract Negotiations

If necessary, contract negotiations shall commence with the most advantageous offeror no later than the date indicated in Section II.A (Sequence of Events), above. In the event that mutually agreeable terms cannot be reached within the time specified, the City reserves the right to finalize a contract with the next most advantageous offeror without undertaking a new procurement process.

12. Contract Award

After review of the Evaluation Committee Report and the tentative contract, the

Purchasing Agent anticipates the Board of City Councilors will award the contract on the date indicated in Section II.A (Sequence of Events), above. This date is subject to change at the discretion of the Purchasing Agent or the Board of City Councilors.

Any contract awarded shall be awarded to the offeror whose proposal is most advantageous to The City of Rio Communities, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points.

13. Protest Deadline

Any protest by an Offeror must be timely, in conformance with, and will be governed by

Sections 13-1-172 through 13-1-176 NMSA 1978 and City of Rio Communities

Procurement Policy#2015-52, Section 26. The fifteen (15) day protest period for timely

Offerors shall begin on the day following contract award and will end at 5:00 PM MST on the date indicated in Section II.A (Sequence of Events), above. Protests must be written and must include the name and address of the protestor and the Request for

Proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the

Purchasing Agent. The protest must be delivered to the Purchasing Agent.

Attn. Angela R. Valadez, City Purchasing Agent

360 Rio Communities Blvd.

Rio Communities, NM 87002

NOTE: Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the New Mexico Procurement Code (13-

1-28 NMSA 1978) and City of Rio Communities Procurement Policy (#2020-168).

1. Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement in the letter of transmittal form (see Appendix C). Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2. Incurring Cost

Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material or negotiation associated with their response to this RFP shall be borne solely by the offeror.

3. Prime Contractor Responsibility

Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with The City of Rio Communities. The

City of Rio Communities will only make contract payments to the prime contractor.

4. Subcontractors

Use of subcontractors must be clearly explained in the proposal and each must be identified by name. The prime contractor shall be wholly responsible for contract performance whether or not subcontractors are used. Substitution of subcontractors, after contract award, must receive prior written approval of the City Purchasing Office.

5. Amended Proposals

An offeror 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 personnel will not merge, collate, or assemble proposal materials.

6. 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 Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. 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 the due date for the receipt of a best and final offer, if one is solicited.

8. Disclosure of Proposal Contents

The proposals will be kept confidential until a contract is awarded by the awarding authority. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material which is proprietary or confidential. The

Procurement Manager 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 remaining portions 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-I 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 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 continued prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates The City of Rio Communities or any of their departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Purchasing Agent and other required approval authorities.

10. Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of The

City of Rio Communities.

11. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be affected by sending written notice to the contractor. Each of the City's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review

The City of Rio Communities require that all offerors agree to be bound by the General

Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Procurement Manager.

13. Governing Law

This procurement and any agreement with offerors that may result shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal

Only information supplied by the City in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of offeror proposals.

15. Contract Terms and Conditions

The contracts between The City of Rio Communities and the contractor will follow the format specified by the City and contain the terms and conditions set forth in Appendix

B, Sample Contract. However, the City reserves the right to negotiate with a successful offeror provision in addition to those contained in this RFP. The contents of this RFP, as revised or supplemented, and the successful offeror's proposal will be incorporated into and become part of the contract.

Should an offeror object to any of the City’s terms and conditions, as contained in this

Section or in Appendix B, that offeror must propose specific alternative language. The

City may or may not accept the alternative language, at the City’s sole discretion. General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to the City and could lead to disqualification of the offeror's proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording in order for the proposed alternate wording to be considered.

16. Offeror’s Terms and Conditions

Offeror’s must submit with their proposal a complete set of any additional terms and conditions which they request be included in a contract negotiated with the City. The City may or may not accept the additional language, at the City’s sole discretion.

17. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the City and the selected offeror and shall not be deemed an opportunity to amend the Offeror’s proposal.

18. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. The

Evaluation Committee will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85

NMSA 1978.

19. Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor irregularities. The

Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

20. Change in Contractor Representatives

The City reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

21. Notice

The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. The State of New Mexico criminal statutes also impose felony penalties for bribes, gratuities and kickbacks.

22. City Rights

The City reserves the right to accept all or a portion of an offeror's proposal.

23. Right to Publish

Throughout the duration of this procurement process and contract term, potential offerors and contractors must secure from The City of Rio Communities written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or termination of the contract.

24. Ownership of Proposals

All documents submitted in response to the RFP shall become the property of the City.

However, any technical or user documentation submitted with the proposals of non-selected offerors may be returned after the expiration of the protest period, by request, at the expense of the Offeror.

25. Ambiguity, Inconsistency or Errors in RFP

Offerors shall promptly notify the Procurement Manager, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the RFP.

26. Competition

By submitting a proposal, offeror certifies that they have not, either directly or indirectly, entered into any action in restraint of full competition in connection with the proposal submitted to the City.

27. Use by Other Government Entities

By submitting a proposal, offeror indicates that they understand and agree that other government entities within the State of New Mexico, or as otherwise allowed by their governing directives, may contract for the goods or services included in this procurement document with the awarded contractor(s). Contractual engagements accomplished under this provision shall be solely between the awarded vendor and the contracting government entity with no obligation or liability by The City of Rio Communities.

28. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of any agreement resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of The City of Rio Communities.

29. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence.

30. Use of Electronic Versions of this RFP

This 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, the version maintained by the City shall govern.

31. Insurance

The legal firm will be required to provide proof of, and maintain, insurance prior to performing work for The City of Rio Communities. The requirements are as follows:

1. Professional Liability: Minimum $1,000,000.00 aggregate

2. Workers Compensation:

a. Contractor shall comply with the provisions of the Worker’s Compensation

Act.

3. Increased Limits:

a. If, during the life of this Agreement, the Legislature of the State of New Mexico increases the maximum limits of liability under the Tort Claims Act (NMSA

1978, Section 41-4-1 et seq., Contractor shall increase the maximum limits of any insurance required herein.

4. Malpractice/Errors & Omissions Insurance:

a. Contractor shall procure and maintain during the life of this Agreement professional liability (errors and omissions) insurance with policy limits of not less than $1,000,000.00 per occurrence, $2,000,000.00 per aggregate.

5. The City of Rio Communities Named as Additionally Insured:

a. This condition is required for all insurances requested except Professional

Liability.

Coverage must be as broad as the coverage provided to the insured. Coverage must be primary and non-contributory before any other insurance or self-insurance. A copy of endorsement for this coverage must be provided.

The certificate must state that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to The City of Rio Communities.

32. Procurement Preferences

New Mexico Resident Business Preference New Mexico law, Section 13-1-22 NMSA 1978, provides a preference in the award of a public works contract for an “in-state resident business.” Application of a resident business preference for any Offeror requires the Offeror to provide a copy of a valid and current certificate as a resident business. Certificates are issued by the state taxation and revenue department.

If an Offeror submits with its proposal a copy of a valid and current in-state resident business certificate, 5% of the total weight of all evaluation factors used in the evaluation of proposals may be awarded or added to the Offerors score.

Certification by the department of taxation and revenue for the resident contractor takes into consideration such activities as the business or contractor’s payment of property taxes or rent in the state and payment of unemployment insurance on employees who are residents of the state.

OR

New Mexico Resident Veteran Business Preference New Mexico law, Section 13-1-22 NMSA 1978, provides a preference in the award of a public works contract for an “in-state resident veteran business.” Certification by the department of taxation and revenue for the resident veteran business requires the Offeror to provide evidence of annual revenue and other evidence of veteran status.

An Offeror who wants the veteran contractor preference to be applied to its proposal is required to submit with its proposal the certification from the NM Department of

Taxation and Revenue and the sworn affidavit attached hereto as Appendix F.

If an Offeror submits with its proposal a copy of a valid and current veteran resident business certificate, 10%, 8% or 7% of the total weight of all the evaluation factors used in the evaluation of proposals may be awarded or added to the Offeror’s score, depending on the business’ annual revenue.

OR

Native American Resident Business Preference

Native American resident business, resident veteran business or Native American resident veteran business preference pursuant to Section 13-1-21 NMSA 1978 or a resident contractor, Native American resident contractor, resident veteran contractor or Native American resident veteran contractor preference pursuant to Section 13-4-2 NMSA 1978, a business or contractor shall submit with its bid or proposal a copy of a valid resident business, Native American resident business, resident veteran business or Native American resident veteran business certificate or valid resident contractor, Native American resident contractor, resident veteran contractor or Native American resident veteran contractor certificate issued by the taxation and revenue department.

The resident business preference is not cumulative with the resident veteran business preference or Native American Resident Business.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors may submit only one (1) proposal in response to this RFP.

B. NUMBER OF COPIES

https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!b/13-1-21 https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!b/13-4-2

Offerors shall deliver 1 copy of their proposal on :https://www.bidnetdirect.com/new-mexico/cityofriocommunities on or before the closing date and time for receipt of proposals.

C. PROPOSAL FORMAT

All proposals must be submitted at: https://www.bidnetdirect.com/new-mexico/cityofriocommunities

1. Proposal Organization

The proposal must be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated.

a. Letter of Transmittal Form (See Appendix C)

b. Table of Contents

c. Proposal Summary (optional)

d. Response to Mandatory Requirements

e. Response to Desirable Requirements

f. Other Supporting Materials

Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP under Section V. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal.

Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis.

A proposal summary may be included by offerors to provide the Evaluation Committee with an overview of the technical and business features of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the offeror's proposal.

2. Other Supporting Materials

Offerors may attach other materials which they feel may improve the quality of their responses. However, these materials may not be reviewed by members of the Evaluation

Committee and will not be scored.

IV. SPECIFICATIONS

A. INFORMATION

1. Resident Business Preference Certificate

A valid Resident Preference Certificate issued by the New Mexico Taxation and Revenue

Department must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying resident business. See Section I.F, above, for more information.

2. Resident Veterans Preference Certificate

A complete and signed Resident Veterans Preference Certificate must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying Resident Veteran. See Section V.D.4 for more information.

3. Native American Resident Business Certificate

A valid Native American Resident Preference Certificate issued by the New Mexico

Taxation and Revenue Department must be included with the proposal if the Offeror wishes to receive the additional points available as a qualifying resident business. See

Section I.F, above, for more information.

4. Response to Requirements

Each mandatory requirement in sections IV.B.1 through IV.B.12, below, requires a vendor response, as indicated. Failure to respond to, or properly comply with, a mandatory requirement may result in the disqualification of the Offeror’s proposal. Each desirable requirement in sections IV.C.1 through IV.C.2, below may be answered at the

Offeror’s discretion. Failure to respond to a desirable requirement will result in a score of zero (0) being assigned for that requirement.

B. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

Offeror must complete and submit the “Letter of Transmittal Form”, found at Appendix

C, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

2. Professional Qualifications (Pass/Fail)

All persons within the proposing law firm that will be providing legal opinions and guidance must hold a minimum of a Juris Doctor (J.D.) degree from an American Bar

Association recognized law school AND must be a member of a State Bar. Proof of compliance with BOTH requirements must be provided with the proposal.

3. Capability and Agreement to Perform (Pass/Fail)

Offeror certifies that they are capable and qualified to provide the products or services required by this RFP and agrees to perform the Scope of Work as specified in the

Contract at Appendix B. A statement of concurrence is required.

4. Campaign Contribution Disclosure Form (Pass/Fail)

Offeror must complete and sign the Appendix D, Campaign Contribution Disclosure

Form – whether any applicable contribution has been made or not. This form must be submitted with your proposal whether an applicable contribution has been made or not.

Note that there are two (2) different signature sections within the form. (For purposes of this requirement, the applicable elected public officials within the City of Rio

Communities are Mayor Josh Ramsell, Mayor Pro-Tem Margaret (Peggy) Gutjahr, Lawrence Gordon, Arthur Apodaca and Jimmie Winters. Municipal Judge Holly Noelle

Chavez.

5. Minimum Level of Effort (Pass/Fail)

Offeror must agree to commit a minimum of one thousand (1000) person hours annually to the performance of this contract by one or more persons meeting the minimum professional qualifications required in Section IV.B.2, above. A statement of concurrence is required.

6. Property Tax Obligations (Pass/Fail)

Offerors are required to certify that they are not delinquent in the payment of their property tax obligations and that they will not become delinquent in the payment of their property tax obligations during the term of any contract that may be awarded pursuant to this solicitation. Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non-compliant contractor. Offerors that fail to comply with the certification requirements will be considered non-responsive and excluded from further consideration. A statement so certifying is required.

7. Debarment & Suspension Certification (Pass/Fail)

Offeror must complete and submit the “Debarment & Suspension Certification Form”, found at Appendix E, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

8. Experience with New Mexico Local Public Body (200 Points)

Offerors must have a minimum of four (4) years of experience providing full-time legal services to a New Mexico local public body. Offerors must describe, in narrative form, how they meet this requirement. The response must include the total number of years of experience being claimed. This should include a break-down per local public body if experience with more than one local public body is being claimed.

9. Accessibility and Timeliness (200 Points)

Twenty-four hour a day, seven days a week (“24/7”) access to legal services and advice is required to deal with urgent and unexpected legal matters. If awarded the Contract, Offeror must be available 24/7, whenever needed, and easily accessible (including phone and email). Offeror must explain, in narrative format, how they will meet this requirement with a focus on their accessibility. Questions and needs to be addressed in a timely manner.

10. Cost (100 Points)

Offeror must complete and submit the Cost Response Form, at Appendix G, providing proposed annual contract cost for accomplishing the scope of work as well as a monthly cost schedule. State gross receipts and local option taxes (if any) shall not be included in the proposed cost. Such taxes shall be separately reimbursed to the contractor by the City.

11. Percentage of Board-Certified Specialists in Local Government Law (50 Points)

Offeror can certify the percentage of all persons within the proposing law firm that hold certification in Local Government Law by the New Mexico Board of Legal

Specialization.

12. Oral Presentation (40 Points)

If required by the Evaluation Committee, Offeror must agree to attend and participate in an oral presentation as specified by the Evaluation Committee. A statement of concurrence is required. If held, the offeror will be required to present their proposal and explain their approach to providing legal services to the City of Rio Communities.

13. Specific Experience

a. Experience with Contract Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, contract law in a local public body setting. This should include litigation experience.

Offerors should describe, in narrative form, how they meet this requirement.

The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

b. Experience with Employment and Labor Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, employment law in a local public body setting. This should include litigation experience. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area. Applicable State and Federal law.

c. Experience with Procurement Law (45 points)

Offerors should be familiar with, and experienced in dealing with, procurement law in a local public body setting. This should include litigation experience. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

d. Experience with Criminal Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, criminal law in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

e. Experience with Tort Litigation (45 Points)

Offerors should be familiar with, and experienced in dealing with, tort litigation in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

f. Experience with Annexation, Land Use & Property Law (45 Points)

Offerors should be familiar with, and experienced in dealing with, land use and property law in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

g. Experience with Creation & Enforcement of Local Ordinances (45 Points)

Offerors should be familiar with, and experienced in dealing with, creating and enforcing ordinances in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the Offeror feels best describes their experience and success in this area.

C. DESIRABLE REQUIREMENTS

1. Specific Experience

a. Experience with Union Contract Negotiations (45 Points)

Offerors should be familiar with, and experienced in dealing with, union contract negotiations in a local public body setting. Offerors should describe, in narrative form, how they meet this requirement. The response should include the description of a situation, and the resolution and outcome, that the

Offeror feels best describes their experience and success in this area.

b. New Mexico Local Government Law Specialist (50 Points)

Offeror must be a certified New Mexico Local Government Law Specialist and submit proof in proposal. Offeror will be required to agree that if they are awarded the contract, the attorney assigned to the city must be a Certified

New Mexico Law Specialist.

2. References (45 Points)

Offeror should provide names and current contact information for at least two (2) local public bodies or private companies for which your firm has provided similar services.

Offeror must also describe the type of service provided to each, when the service was performed and the duration of the service.

V. EVALUATION

A. EVALUATION POINT SUMMARY

The following is a summary of evaluation factors with point value assigned to each or a Pass/Fail evaluation. These, along with the general requirements, will be used in the evaluation of individual Offeror proposals.

REF. REQUIREMENT POINTS

AVAIL.

IV.B.1 Letter of Transmittal Form (Appendix C) 0*

IV.B.2 Professional Qualifications 0*

IV.B.3 Capability and Agreement to Perform 0*

IV.B.4 Campaign Contribution Disclosure Form (Appendix D) 0*

IV.B.5 Minimum Level of Effort 0*

IV.B.6 Property Tax Obligations 0*

IV.B.7 Debarment & Suspension Certification (Appendix E) 0*

IV.B.8 Experience with New Mexico Local Public Body 200

IV.B.9 Accessibility & Timeliness 200

IV.B.10 Cost (Appendix G) 100

IV.B.11 Percentage of Board-Certified Specialists in Local Gov’t Law 50

IV.B.12 Oral Presentation 40

IV.B 13 a Experience with Contract Law 45

IV.B 13 b Experience with Employment Law 45

IV.B 13 c Experience with Procurement Law 45

IV.B 13 d Experience with Criminal Law 45

IV.B 13 e Experience with Tort Litigation 45

IV.B 13 f Experience with Annexation Land Use & Property Law 45

IV.B 13 g Experience with Creation & Enforcement of Local Ordinances 45

IV.C 1 a Experience with Union Contract Negotiations 45

IV.C 1 b New Mexico Local Government Law Specialist 50

IV.C.2 a References 50

TOTAL 1050

*Pass/Fail only.

Points will be awarded based on the evaluation factors found in V.B.1 through V.C.2, below, as indicated.

B. EVALUATION FACTORS: MANDATORY REQUIREMENTS

1. Letter of Transmittal Form…