2026-877 RFP Municipal Legal Services.pdf

Request for Proposals

RFP # 2026-877

MUNICIPAL LEGAL SERVICES

NIGP # 961 49

PROPOSAL DUE DATE/ TIME/ PLACE:

Tuesday, August 18, 2025, 3:00 PM City of Aztec

City Hall Conference Room 201 W Chaco

Aztec NM 87410

FINAL DATE FOR QUESTIONS

Monday, August 4, 2025 at 10:00 AM

Tentative Commission Contract Approval Date September 15, 2025

For further information contact:

Brenda Blake

Purchasing Specialist City of Aztec

Phone: 505-334-7652 Email: procurement@aztecnm.gov mailto:procurement@aztecnm.gov ii 2026-877 RFP MUNICIPAL LEGAL SERVICES.Docx

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

B. BACKGROUND INFORMATION

C. SCOPE OF PROCUREMENT

D. PROCUREMENT MANAGER

E. DEFINITION OF TERMINOLOGY

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

C. GENERAL REQUIREMENTS

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

IV. SPECIFICATIONS

A. DETAILED SCOPE OF WORK

B. TECHNICAL SPECIFICATIONS

C. BUSINESS SPECIFICATIONS

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS

C. EVALUATION PROCESS

APPENDIX A: ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B: SUBMITTAL FORM

APPENDIX C: CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX D: DEBARMENT/SUSPENSION CERTIFICATION FORM

APPENDIX E: NEW MEXICO PREFERENCE

APPENDIX F: COST RESPONSE FORM

APPENDIX G: ORGANIZATIONAL REFERENCE QUESTIONNAIRE

APPENDIX H: SAMPLE CONTRACT

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I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

This Request for Proposals (“RFP”) is not a competitive bid based on price only. The RFP allows the City to select the Attorney or Law Firm which best meets the needs of the City, taking into consideration qualifications, price, and service capabilities and other factors relevant to the City’s policies, programs, administrative resources and budget. The purpose of the RFP is to solicit sealed proposals to establish a contract for Municipal Legal Services for the City of Aztec.

B. BACKGROUND INFORMATION

The City of Aztec is located in the northwest corner of New Mexico, 15 miles northeast of Farmington, New Mexico and 36 miles south of Durango, Colorado. Aztec is the county seat for San Juan County and has a population of approximately 6,328. The boundaries for the City encompass a land area of 12.53 square miles. The City owns and operates its, Electric, Water, and Wastewater and Solid Waste Utilities. The City provides a variety of municipal services including Police Department, Municipal Court, Community Development, Library, Community Center, Parks & Recreation, Animal Control, Motor Vehicle Dept, Visitor Center, and Municipal Airport.

C. SCOPE OF PROCUREMENT

Request for Proposal for Legal Services.

TERM: An agreement for the period not to exceed one (1) year, with an option of renewal not to exceed 3 (three), one (1) year periods, starting with the effective date of the Agreement.

D. PROCUREMENT MANAGER

1. The City of Aztec has assigned a Procurement Manager who is responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below:

Name: Brenda Blake, Procurement Specialist Address: 201 W Chaco, Aztec NM 87410 Telephone: (505) 334-7652

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2. All deliveries of responses via express carrier must be addressed as follows:

Name: Brenda Blake Reference RFP Name: RFP 2026-877 MUNICIPAL LEGAL SERVICES

Address: City of Aztec Procurement Office

Aztec, New Mexico 87410

Please note, Aztec, New Mexico is not a guaranteed delivery area by express carriers.

Responses must be received by the due date and time to be considered, not the date when delivered to carrier. The City is closed on Fridays (Operating Hours are Monday through Thursday 7:00am – 5:30pm); documented attempted deliveries by the carrier may be considered as timely responses IF provided by the date and time proposals are due.

3. Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding this procurement. Other city employees or Selection Committee members do not have the authority to respond on behalf of the Procurement Office. Protests of the solicitation or award must be delivered by mail to the Protest Manager. As A Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, § 13-1- 172, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Emailed protests will not be considered as properly submitted nor will protests delivered to the Procurement Manager be considered properly submitted.

E. DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

“Agency” means the City of Aztec

“Amendment” means a written or graphic instrument issued prior to the opening of Proposal, which clarifies, corrects, or changes the Request for Proposal.

“Award of Contract” shall mean a formal written notice by the City that a firm has been selected to enter into a contract for services. Any Award of Contract that has not resulted in a written contract offer to the Offeror, within 6 months or written notice, shall not be considered an award for the purposes of the Project Listing Form.

“Business Hours” means 8:00 am thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.

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“City” means the City of Aztec

“Close of Business” means 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.

“Confidential” means confidential financial information concerning respondent’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information

“Contract" means any agreement for the procurement of items of tangible personal property, services or construction.

“Contractor" means the offeror selected by the City pursuant to this Request for Proposals..

“Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor.

“Determination" means the written documentation of a decision of a procurement manager and the Selection Committee including findings of fact supporting a decision. A determination becomes part of the procurement file to which it pertains.

“Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (cd) or USB flash drive. The electronic version/copy can NOT be emailed.

“Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

“Evaluation Committee Report” means a report prepared by The Procurement Manager and Evaluation Committee for contract award. It will contain written determinations resulting from the procurement.

“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

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

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“Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.

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

“Owner” is the City of Aztec (COA).

“Price Agreement" means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

“Procurement Manager” means any person or designee authorized by a state agency or local public body to enter into or administer contracts and make written determinations with respect thereto.

“Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements.

“Proposal” is the offeror’s response to this RFP

“Redacted” means a version/copy of the proposal with the information considered confidential as defined by NMAC 1.4.1.45 and defined herein and outlined in Section II.C.8 of this RFP blacked out BUT NOT omitted or removed.

“Request for Proposals (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, when required, information and data to prove that his 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 described in the proposal.

“Responsive Offer" or “Responsive Proposal” means an offer or proposal, which conforms in all material aspects to the requirements set forth in the Request for Proposals (RFP). Material aspects of responses to the Request for Proposals(RFP) include, but are not limited to price, quality, quantity or delivery requirements.

“Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The City reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror

5 2026-877 RFP MUNICIPAL LEGAL SERVICES.Docx agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases.

“Selection Committee” means a body appointed by the Procurement Manager to perform the evaluation of Offeror proposals.

“Selection Committee Report” means a report prepared by the Procurement Manager and the Selection Committee for submission to the Commission for contract award that contains all written determinations resulting from the conduct of a procurement requiring the of competitive sealed proposals.

“Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.

“State (the State)” means the State of New Mexico.

“Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.)

“Unredacted” means a version/copy of the proposal containing all complete information including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

“Written” means typewritten on standard 8 ½ x 11-inch paper. Larger paper is permissible for charts, spreadsheets, etc.

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II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule, description and conditions governing the procurement.

A. SEQUENCE OF EVENTS

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

Action Responsible Party Due Dates

1. Issue RFP City July 24, 2025

2. Acknowledgement of Receipt Form

Potential Offerors July 30, 2025

3. Deadline to submit Questions

Potential Offerors August 4, 2025 by 10:00 AM MST

4. Response to Written Questions

Procurement Manager August 11, 2025

5. Submission of Proposal Potential Offerors August 18, 2025 by 3:00pm

MST

6. Proposal Evaluation Evaluation Committee August 26-28, 2025

7. Selection of Finalists Evaluation Committee September 1-3, 2025

8. Best and Final Offers Finalist Offerors September 4, 2025

9. Oral Presentation(s) Finalist Offerors September 9, 2025

10. Recommendation to City

Commission Evaluation Committee September 10, 2025

11. Contract Awards City/ Finalist Offerors September 15, 2025

12. Protest Deadline City October 15, 2025

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the sequence of events shown in Section II. A., above.

1. Issuance of RFP

This RFP is being issued on behalf of the City of Aztec for Municipal Legal Services on July 24, 2025.

2. Acknowledgement of Receipt

Potential Offerors should email, hand deliver, return by facsimile, or by certified mail the "Acknowledgement of Receipt of Request for Proposals Form" that accompanies this document, APPENDIX A, to have their organization placed on the procurement

7 2026-877 RFP MUNICIPAL LEGAL SERVICES.Docx distribution list. The form should be signed by an authorized representative of the organization, dated and returned to the Procurement Manager by 5:00 pm MST or MDT on July 30, 2025.

The procurement distribution list will be used for the distribution of written responses to questions and any RFP amendments. Failure to return the Acknowledgement of Receipt 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. Deadline to Submit Written Questions

Questions and/or clarifications concerning this RFP will be accepted in writing through August 4, 2025, 10:00 am. Requests may be transmitted via email (procurement@aztecnm.gov). Written responses to all written inquiries will be provided and distributed to all recipients of this RFP. Responses and addenda to this RFP, if necessary, are scheduled to be issued by August 11, 2025 5:00 PM. No Offeror may rely upon oral responses made by any City employee or any representative of the City.

4. Response to Written Questions

Written responses to written questions will be distributed as indicated in the sequence of events to all potential Offerors whose organization name appears on the procurement distribution list. An e-mail copy will be sent to all Offeror’s that provide Acknowledgement of Receipt Forms described in II.B.2 before the deadline. Additional copies will be posted to: http://www.aztecnm.gov/purchasing/office.html.

5. Submission of Proposal

ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND

EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO

LATER THAN 3:00 PM MOUNTAIN STANDARD TIME ON MONDAY AUGUST

18, 2025. Proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal.

Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph D2. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the RFP 2026-877 MUNICIPAL LEGAL SERVICES. Proposals submitted by facsimile or other electronic means will not be accepted.

A public log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process.

Proposals will be reviewed for completeness and compliance with requirements by the Procurement Manager. If any proposal submitted is deemed non-responsive by the http://www.aztecnm.gov/purchasing/office.html

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Procurement Manager, the Offeror will be notified in writing of such determination and the method of protesting that determination (see Section II.C.1.)..

6. Proposal Evaluation

The Evaluation Committee will review each Offerors proposal. Points will be allocated, by each member, as outlined in Section V of this RFP. Each member’s point totals will be translated into a numeric ranking of all proposals. The evaluation committee may hold interviews with the three highest-ranked proposals if deemed necessary. The Evaluation Committee may award the selection based on the results of the interviews. If fewer than three proposals are received the Evaluation Committee may recommend an award to the City Commission for approval or direct that the RFP be reissued.

7. Selection of Finalists

The Evaluation Committee will select and the Procurement Manager will notify the finalist Offerors as per schedule Section II. A., Sequence of Events or as soon as possible. A schedule for the oral presentation and demonstration will be determined at this time.

8. Best and Final Offers

Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers as per schedule Section II. A., Sequence of Events or as soon as possible. Best and final offers may also be clarified and amended at finalist Offeror’s oral presentation and demonstration.

9. Oral Presentations

Finalist Offerors may be required to conduct an oral presentation at a location to be determined as per schedule Section II. A., Sequence of Events or as soon as possible.

Whether or not oral presentations will be held is at the discretion of the Evaluation Committee.

10. Recommendation to City Commission

A member of the evaluation committee will present the finalist to the City Commission for final approval. Any Contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s) as per schedule Section II. A., Sequence of Events or soon thereafter. This date is subject to change at the discretion of the City of Aztec Procurement office.

11. Contract Awards

After review of the Evaluation Committee Report and the signed contractual agreement, the City of Aztec Procurement Manager will award as per the schedule in Section II. A., 9 2026-877 RFP MUNICIPAL LEGAL SERVICES.Docx

Sequence of Events or soon thereafter. This date is subject to change at the discretion of the City of Aztec Procurement Manager.

The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the City of Aztec, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate Department and Commission approval.

In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the time specified, the City of Aztec reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

12. Protest Deadline

In accordance with NMSA 1978, § 13-1-172, any Offeror who is aggrieved in connection with the award of a contract may protest to the City of Aztec Finance Department. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Brenda Blake Procurement Specialist

City of Aztec

Aztec, NM 87410

The 15-day protest period shall begin on the day following the date of written notice of action from the Finance Department. Protests must include the name and address of the protestant, the solicitation number, and a statement of ground for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

Potential Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. 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 potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

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3. Prime Contractor Responsibility

Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with the City of Aztec which may derive from this RFP. The City of Aztec entering into a contractual agreement with a vendor will make payments to only the prime contractor.

4. 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. The City of Aztec’s personnel will not merge, collate, or assemble proposal materials.

5. Offeror’s 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 addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative.

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

6. Proposal Offer Firm

Responses to this RFP, including proposal prices for services, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

7. Disclosure of Proposal Contents

Proposals will be kept confidential until negotiations and the award are completed by the City of Aztec. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements:

A. 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.

B. Confidential data is restricted to:

1. confidential financial information concerning the Offeror’s organization;

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2. and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA 1978 § 57-3A-1 to 57-3A-7.

C. PLEASE NOTE: 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 of Aztec 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.

8. No Obligation

This RFP in no manner obligates the City of Aztec to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.

9. 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 of Aztec determines such action to be in the best interest of the City of Aztec.

10. Sufficient Appropriation

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

11. Legal Review

The City of Aztec requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.

12. Governing Law

This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

13. Basis for Proposal

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

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14. Contract Terms and Conditions

The contract between the City of Aztec and a contractor will follow the format specified by the City of Aztec and contain the terms and conditions set forth in the Sample Contract Appendix H. However, the City of Aztec reserves the right to negotiate provisions in addition to those contained in this RFP (Sample Contract) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.

The City of Aztec discourages exceptions from the contract terms and conditions as set forth in the RFP Sample Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the City of Aztec (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.

Should an Offeror object to any of the terms and conditions as set forth in the RFP Sample Contract (APPENDIX H) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The City of Aztec may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Sample Contract are not acceptable to the City of Aztec and will result in disqualification of the Offeror’s proposal.

Offerors must provide a brief description of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.

Describe any work, whether by subject area or nature of work, which would not be covered by your compensation proposal.

If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

15. Offeror’s Terms and Conditions

Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the City of Aztec. Please see Section II.C.15 for requirements.

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16. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the City of Aztec and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

17. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, § 13-1-83 and 13-1-85.

18. 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 and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

19. Change in Contractor Representatives

The City of Aztec reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the City of Aztec, adequately meeting the needs of the City of Aztec.

20. Notice of Penalties

The Procurement Code, NMSA 1978, § 13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

21. City Rights

The City of Aztec in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror’s proposal.

22. Right to Publish

Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the City of Aztec written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or the City of Aztec’s contracts deriving from this procurement. Failure to adhere to this

14 2026-877 RFP MUNICIPAL LEGAL SERVICES.Docx requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

23. Ownership of Proposals

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

24. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of the contract 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 Aztec.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring the City of Aztec's written permission.

25. 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. (See also Section II.B.5, Response to Written Questions).

26. Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the City of Aztec, the Offeror acknowledges that the version maintained by the City of Aztec shall govern.

Please refer to: http://www.aztecnm.gov/purchasing/office.html or City’s electronic e-procurement system through vendor registry.

27. Campaign Contribution Disclosure Form

Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, APPENDIX C, as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the identified official. Failure to complete and return the signed unaltered form will result in disqualification.

28. Submittal Form

Offeror’s proposal must be accompanied by the Submittal Form located in APPENDIX B which must be completed and signed by an individual person authorized to obligate the company. The letter of transmittal MUST:

A. Identify the submitting business entity.

B. Identify the name, title, telephone, and e-mail address of the person authorized by the

Offeror organization to contractually obligate the business entity providing the Offer.

http://www.aztecnm.gov/purchasing/office.html

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C. Identify the name, title, telephone, and e-mail address of the person authorized to negotiate the contract on behalf of the organization (if different than (2) above).

D. Identify the names, titles, telephone, and e-mail addresses of persons to be contacted for clarification/questions regarding proposal content.

E. Identify sub-contractors (if any) anticipated to be utilized in the performance of any resultant contract award.

F. Describe the relationship with any other entity which will be used in the performance of this awarded contract.

G. Identify the following with a check mark and signature where required:

i. Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section II. C.1;

ii. Explicitly indicate acceptance of Section V of this RFP; and

iii. Acknowledge receipt of any and all amendments to this RFP.

H. Be signed by the person identified in paragraph 2 above.

29. Disclosure Regarding Responsibility

A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with The City of Aztec for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;

2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for:

i. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

ii. violation of Federal or state antitrust statutes related to the submission of offers; or

iii. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

3. is presently indicted for, or otherwise criminally or civilly charged by any

(federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied.

Taxes are considered delinquent if the following criteria apply.

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i. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

ii. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

iii. Have within a three year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. The Contractor shall provide immediate written notice to the City of Aztec

Procurement Manager or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the City of Aztec Procurement Manager. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the City of Aztec may terminate the involved contract for cause. Still further the City of Aztec

17 2026-877 RFP MUNICIPAL LEGAL SERVICES.Docx may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the City of Aztec.

30. New Mexico Preferences

To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Offerors must include a copy of their preference certificate with their proposal.

Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

A. New Mexico Business Preference

B. New Mexico Resident Veterans Business Preference

C. New Mexico Resident Native American Preference

D. New Mexico Resident Native American Veteran Preference

The City of Aztec shall not award a business multiple preferences: a resident business preference, a resident veteran business preference, a resident native American preference, or a native American veteran preference.

The New Mexico Preferences shall not apply when the expenditures for this RFP includes federal funds.

31. Bribery and Kickbacks

By law (Section 13-1-191, NMSA, 1978) the City is required to inform Offerors of the following:

(1) it is a third-degree felony under New Mexico law to commit the offense of bribery of a public officer or public employee (Section 30-24-1, NMSA, 1978);

(2) it is a third-degree felony to commit the offense of demanding or receiving a bribe by a public officer or public employee (Section 30-24-2, NMSA, 1978);

(3) it is a fourth-degree felony to commit the offense of soliciting or receiving illegal kickbacks (Section 30-41-1, NMSA, 1978); (4) it is a fourth-degree felony to commit the offense of offering or paying illegal kickbacks (Section 30-41-2, NMSA, 1978).

32. Conflict of Interest

A. Offeror warrants that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service under this contract.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

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B. Offeror must notify the City’s Chief Procurement Officer if any employee(s) of the requesting department or the Finance Department have a financial interest in the Offeror. If yes, the Offeror must specify the employee(s) name in their proposal.

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III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors shall submit only one proposal in response to this RFP.

B. NUMBER OF COPIES

Offeror’s proposal must be clearly labeled and numbered and indexed as outlined in Section III.C. Proposal Format. Proposals must be submitted as outlined below. The original copy shall be clearly marked as such on the front of the binder. Each portion of the proposal (technical/cost) must be submitted in separate binders and must be prominently displayed on the front cover. Envelopes, packages or boxes containing the original and the copies must be clearly labeled and submitted in a sealed envelope, package, or box bearing the following information:

Offerors should deliver:

1. Technical Proposals – ONE (1) ORIGINAL, FIVE (5) HARD COPIES, and ONE

(1) ELECTRONIC COPY of the proposal containing ONLY the Technical Proposal;

ORIGINAL and COPY shall be in separate labeled binders. The electronic version/copy can NOT be emailed.

Proposals containing confidential information must be submitted as two separate binders:

• Unredacted version for evaluation purposes

• Redacted version (information blacked out and not omitted or removed) for the public file

2. Cost Proposals – ONE (1) ORIGINAL, FIVE (5) HARD COPIES, and ONE (1)

ELECTRONIC COPY of the proposal containing ONLY the Cost Proposal; ORIGINAL and COPY of Cost Proposal shall be separate from the Technical Proposals. The electronic copy can NOT be emailed.

The electronic version/copy of the proposal must mirror the physical proposal submitted (i.e.

One (1) unredacted cd/usb, one (1) redacted cd/usb). The electronic version can NOT be emailed.

The original, hard copy and electronic copy information must be identical. In the event of a conflict between versions of the submitted proposal, the Original hard copy shall govern.

Any proposal that does not adhere to the requirements of this Section and Section III.C.1 Response Format and Organization, may be deemed non-responsive and rejected on that basis.

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C. PROPOSAL FORMAT

All proposals must be submitted as follows:

Hard copies must be typewritten on standard 8 ½ x 11 inch paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within binders with tabs delineating each section.

1. Proposal Content and Organization

Direct reference to pre-prepared or promotional material may be used if referenced and clearly marked. Promotional material should be minimal. The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated.

Technical Proposal:

A. Signed Submittal Form B. Table of Contents C. Proposal Summary (Optional) D. Response to Contract Terms and Conditions E. Offeror’s Additional Terms and Conditions F. Response to Specifications (except cost information which shall be included in

Cost Proposal only)

i. Organizational Experience

ii. Organizational References

iii. Offeror Qualifications

iv. Signed Campaign Contribution Form

v. New Mexico Preferences (If applicable)

vi. Debarment/Suspension Form G. Other Supporting Material (If applicable)

Cost Proposal:

Completed Cost Response Form

Within each section of the proposal, Offerors should address the items in the order indicated above. All forms provided in this RFP must be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates or expenses must occur only on the cost response form.

The proposal summary may be included by potential Offerors to provide the Evaluation Committee with an overview 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.

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IV. SPECIFICATIONS

Offerors should respond in the form of a thorough narrative to each specification, unless otherwise instructed. The narratives, including required supporting materials will be evaluated and awarded points accordingly.

A. DETAILED SCOPE OF WORK

The City of Aztec desires to enter into a non-exclusive contractual relationship with a practicing attorney or firm to provide legal counsel to the City of Aztec.

City prefers to execute an agreement with monthly retainer fee based on 40 hours.

Contract will begin on OCTOBER 15 2025 (actual date will be determined with City Commission award), for an original term of One (1) year and will be subject to renewal for three (3) additional one year terms based upon satisfactory performance and rendition of services. Under the terms of Section 13-1-50 NMSA 1978, contracts may be subject to extension not to exceed four (4) years.

The attorney(s) named in the proposal submitted by the Offeror, shall remain responsible throughout the period of the resultant agreement. No diversion or replacement may be made without submission of the proposed replacement with final approval being granted by the City Commission or designated representative.

The Successful offeror should be prepared to commence work immediately upon award of contract.

The legal firm will be primarily responsible for, but not limited to the following on site and/or all other means of communication:

a) Advise the City Commission, City Staff, and all appointed boards on legal matters including but not limited to matters of civil liability, City finances, public property and personnel. Municipal services may include land use, franchises and franchise fees, annexation, public purchasing and contracting, and government ethics.

b) Advice and consultation, including preparation of oral and written opinions to City

Officials, Commissioners and Staff.

c) Legal representation of the City, its political subdivision, as well as individual commissioners and other municipal employees who may be named as parties in their official capacities in any legal action.

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d) Participate in negotiations with other municipalities or government agencies.

e) Preparation, review and analysis of any and all ordinances, resolutions and proposed legislation.

f) Preparation, review and analysis of newly created legal documents and interpretation of existing legal documents, including (but not limited to) such instruments as contracts/agreements, easements, joint powers agreements, annexation documents, City Ordinances, Resolutions, Legislation, etc for the City of Aztec.

g) Interpretation of existing laws and ordinances.

h) Analysis and handling of City legal issues.

i) Preparation of legal opinions and other legal matters that may come before the City.

j) Answer specific requests made concerning City issues, i.e. complaints from the public and legal opinions on various City issues.

k) Legal resource for all departments through City administration.

l) Draft letters and requests for compliance on violations of City Ordinances. Represent City of Aztec in preparation and prosecution of ordinance violations in Municipal Court and in District Court as required.

m) Represent the City of Aztec in all Municipal prosecutions as requested and all appeals.

n) Represent the City of Aztec for Court, Administrative Hearings, Planning and Zoning matters and Personnel matters.

o) Attend City Commission Meetings and Workshops and other meetings required by the City Commission.

p) Be available for office hours at City Hall for a preferred five (5) to fifteen (15) hours per month (including required meetings).

q) Submission of a monthly status report of all legal activity to City Manager.

r) Submit a monthly detailed statement with billing, said statement to include the date and length of time of services rendered. These statements shall be subject to inspection by the designated agent for ithe City.

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B. TECHNICAL SPECIFICATIONS

1. Organizational Experience

Offerors must:

A. Describe the skills, ability, expertise and experience of the lawyers or attorneys who will be providing the legal services for the City of Aztec in the following areas:

1) Research capabilities; ability to draft legal opinions and give advice to the City on legal matters.

2) Dedication of blocks of time and continuous effort toward the cases and projects which may be assigned.

3) Experience and knowledge of rules of procedure, motion practice, discovery practice, trial preparation and trial, technique and practice.

4) Litigation experience, including descriptions of representative cases and outcomes.

5) Drafting experience, such as drafting of contracts, memoranda, ordinances and resolutions.

6) Experience giving oral advice such as during course of City Commission meetings and by telephone to city staff.

B. Offeror must have five (5) years of experience in the area of public sector legal needs. Identify years of Municipal or other public sector law practice as a government attorney or specializing in Municipal or other public sector law in a law firm or as a sole practitioner. Briefly describe your experience in each of the below listed topics.