AssessorsServicesRFP_030624.docx

TOWN OF AVON, MASSACHUSETTS

Request for Proposals for Property Tax Administration/Assessors Services

OVERVIEW AND BID FORMAT

The Town of Avon (hereafter “the Town” or “Avon”) is seeking proposals to provide the Town with property tax administration services, as described below. Due to the technical nature of the services required under the proposed contract, the Town has determined that the procurement is best conducted utilizing a Request for Proposals (“RFP”) process, pursuant to Massachusetts General Laws, Chapter 30B, Section 6. Such a process will enable the Town to evaluate the individual or firm’s experience and ability to implement a fair and equitable taxation in the Town. Because property tax administration is an important component of the Town’s overall financial health, it is important that the Town can select the most advantageous proposal based on both cost and technical expertise.

The Town reserves the right to postpone or cancel the awarding of a contract for all reasons, and to waive any informality in, or to reject any or all bids, and to make such an award as in the best interests of the Town. The Town will determine the most advantageous proposal from a responsible and responsive proposer, taking into consideration price and all evaluation criteria set forth in the RFP. The award of a contract pursuant to this RFP shall be subject to available appropriation.

Avon is a smaller community and as such, full-time (5 days/week) is not necessary. We are looking to engage services that provide the town with basic office coverage to assist staff and residents, perform any/all required inspections, act as liaison of the Board of Assessors, complete all administrative compliance reporting, and assist the Town Administrator as necessary.

Proposal Deadline, Questions, Format and Other Requirements

DUE DATE FOR SUBMITTING PROPOSALS IS March 29, 2024, AT 12 P.M.

Bidders shall submit four (4) copies each of their non-price proposal and price proposal in separate sealed envelopes. All envelopes must be clearly labeled as to their contents, whether Non-Price or Price Proposal.

Proposals must be delivered no later than the specified time to:

Jonathan Beder, Town Administrator Town of Avon Buckley Center 65 East Main Street Avon, MA 02322

Non-Price Proposals shall be in a separate sealed envelope marked “Non-Price Proposals & Property Tax Administration Service” and shall include:

1. Identification of Lead Person and all additional persons who will be working in Avon.

2. Proposed number of hours and schedule per week for everyone who will be working in Avon.

3. Resume for everyone who will be working in Avon.

4. Statement of Services – description of how bidder will provide the scope of services to Avon.

5. At least 3 references, including reference contact person’s name, phone number and e-mail address.

6. A signed tax certification and non-collusion form, certifying that the proposal was made in good faith and without collusion or fraud, and further certifying that the bidder has complied with all State laws relating to taxes, reporting of employees and bidders, and child support (Attachment A); and a Certificate of Authority (Attachment B).

A proposal must be signed as follows: 1) if the proposal is an individual, by her/him personally; 2) if the proposer is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the proposal is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

Price Proposals shall be in a separate sealed envelope clearly marked “Price Proposal – Property Tax Administration Services.”

Late proposals will not be accepted and will be returned unopened. Proposed prices must be firm for 90 days from the date the proposal is due.

There will be no public opening of proposals. Resumes and proposed contracts will not be made public until after the Town has completed its evaluation. Price proposals will be securely kept by the Executive Assistant to the Town Administrator and not disclosed to the selection panel until it has completed evaluation of the proposed contracts.

For questions, please email Jonathan Beder at jbeder@avon-ma.gov.

Written responses to any questions that the Town determines are relevant to all bidders will be emailed to all prospective bidders that received the RFP. Oral responses shall not be relied upon.

The Town shall not be responsible for proposals arriving late for any reason. Late submissions shall not be considered under any circumstances.

Any proposal may be withdrawn on written request received prior to the time fixed for the submission of proposals.

The successful proposer shall comply with all federal, state and local laws and regulations pertaining to the performance of the contract.

After the opening, a proposer may not change any provision of its proposal in a manner prejudicial to the interests of the Town or fair competition. Minor informalities will be waived or the proposer will be allowed to correct them. If a mistake and the intended proposal are clearly evident on the face of the document, the mistake will be corrected to reflect the intended correct proposal, and the proposer will be notified in writing; the proposer may not withdraw the proposal. A proposer may withdraw a proposal if a mistake is clearly evident on the face of the proposal documents, but the intended correct proposal is not similarly evident.

Scope of Services

Reporting to the Board of Assessors (the Board), the selected bidder will provide parttime, contractual services to the Town. The services to be provided are as follows:

a) assist the Board of Assessors in the day-to-day management and operations of the office,

b) prepare an annual assessment calendar detailing the various assessment tasks to be carried out by the office with proposed completion dates,

c) provide staff training with the Assessor’s office and other town offices as needed,

d) prepare or oversee the preparation of all Department of Revenue (DOR) reports, surveys, and data submittals including the annual tax recapitulation,

e) conduct an annual assessment-to-sale ratio study to determine the level and uniformity of standing assessments, and revise CAMA tables in order to keep assessments in compliance with DOR regulations,

f) be responsible for the successful completion of interim year and triennial certification process,

g) ensure that records of the office, including maps and CAMA system records are maintained and current,

h) oversee the management and utilization of assessment related GIS resources,

i) interface with the public and aid on valuation questions that cannot be addressed by in-house staff,

j) review all real estate and personal property abatement requests, preparing recommendations to the Board of Assessors on suggested actions relative thereto,

k) prepare for and represent the Board of Assessors at all Appellate Tax Board hearings, serving as the Towns expert on property tax valuation matters,

l) meet with the Board of Assessors twice per month, or additionally at their request,

m) meet with other officers and Boards/Committees of the Town as needed to effectively coordinate and facilitate the Towns financial affairs,

n) review all land divisions and set up new real estate accounts,

o) prepare and obtain DOR approval of the annual new growth documents,

p) conduct the annual tax classification hearing,

q) assist the Town in such other capacities as the Board of Assessors may approve,

r) Recap – prepare and submit. Coordinate with DOR. Complete those portions of the Town’s annual recap for which assessment information is recorded, including forms LA-3, LA-4, LA-5, LA-10, LA-13, OL-1 and Page 1 of the recap,

s) Provide sufficient staff specifically assigned to Avon to fulfill all tasks listed above in scope of services.

Minimum Qualifications

Avon seeks an individual or firm with considerable tax assessment and administration experience to oversee the operations of the Assessors’ Office. The proposer will possess these minimum qualifications and demonstrate same on his or her submitted resume:

a) successfully completed the Massachusetts Department of Revenue Course 101 on property tax administration,

b) at least ten years of municipal experience as a principal assessor or equivalent within the Commonwealth of Massachusetts,

c) worked simultaneously in two or more communities and demonstrated success in managing the affairs of multiple offices,

d) hold a bachelor’s degree in business administration, real estate, economics or similar field of study,

e) successfully completed no less than 300 hours of specialized valuation and tax administration coursework through either the International Association of Assessing Officers (IAAO) or the Massachusetts Association of Assessing Officers (MAAO),

f) demonstrate considerable experience in one or more Computer Assisted Mass Appraisal Systems (preferably VISION),

g) demonstrate considerable experience in the use of Geographic Information Systems (GIS),

h) and have considerable experience with the MIP Abila Fund Accounting software.

Criteria for review

In accordance with MGL 30B the proposals submitted by responsive proposers meeting the minimum criteria above will be reviewed and rated on a scale consisting of non-advantageous, advantageous and highly advantageous. The Town will determine the most advantageous proposal from a responsible and responsive proposer, taking into consideration price and all evaluation criteria set forth below. Any proposal that receives a non-advantageous rating in any of the following criteria will not be considered for further review by the Town. Comment by MTC: Revised the rule for award language slightly to have it mirror the language in 30B more. The Town still has the discretion to award based on the criteria.

1. Massachusetts business/resident:

· Non advantageous – Lives or business office more than 50 miles from Avon. Comment by MTC: How would one rank if they were in MA but 75 miles away from Avon? Revised this language to try to address this. Town may revise further if the proposed language is not what was intended.

· Advantageous – Lives or business office within 50 miles from Avon, whichever is closer

· Highly advantageous – Lives or business office within 25 miles from Avon, whichever is closer

2. Experience in Massachusetts as an Assessor/Principal Assessor for a Municipality:

· Non advantageous – Less than or equal to five years.

· Advantageous – More than five and less than ten years.

· Highly advantageous – Ten or more years

3. Experience working with multiple communities:

· Non advantageous – No experience working with multiple communities.

· Advantageous – Experience working with two to three communities at one time for 2 years or longer.

· Highly advantageous – Experience working with more than three communities at one time for 2 years or longer.

4. Computer Assisted Mass Appraisal Systems knowledge and experience:

· Non advantageous – No experience with Vision Appraisal Systems

· Advantageous – At least 5 years working with CAMA systems with some experience working with Vision Appraisal Systems

· Highly advantageous – At least 10 years working with a CAMA system with some experience with Vision Appraisal Systems

5. MIP Abila Fund Accounting software experience and knowledge:

· Non advantageous – No experience with MIP

· Advantageous – At least 5 years working with MIP

· Highly advantageous – At least 10 year’s experience working with MIP

6. Geographic Information System experience and knowledge:

· Non advantageous – One to three years’ experience

· Advantageous – Four to seven years experience

· Highly advantageous – Over seven years experience

7. Continuing Education criteria:

· Non advantageous – Less than three courses offered by either the MAAO or the IAAO.

· Advantageous – Three to six courses and hold certificates for each either from MAAO or IAAO.

· Highly advantageous – Seven or more courses and hold certificates for each either from MAAO or IAAO.

8. Conducted Residential and Commercial/Industrial Revaluations:

· Non advantageous – Conducted one or fewer revaluations of residential properties and not commercial/industrial revaluations.

· Advantageous – Conducted two to three residential revaluations and at least one complete commercial/industrial revaluation.

· Highly advantageous – Conducted four or more residential revaluations and two or more commercial/industrial revaluations.

9. Prepared cases for and represented a municipality before the Appellate Tax Board:

· Non advantageous – Prepared for and represented municipalities in three or less Appellate Tax Board hearings.

· Advantageous – Prepared for and represented municipalities in four to ten Appellate Tax Board hearings with at least three cases being commercial or industrial properties.

· Highly advantageous – Prepared for and represented municipalities in ten or more Appellate Tax Board hearings with at least five cases being commercial or industrial properties.

10. Prepared, oversaw, and obtained the DOR annual tax rate recap:

· Non advantageous – Involved in recap process for less than five communities or five years.

· Advantageous – Indirectly prepared/oversaw/assisted with annual tax rate recap for at least five communities or at least five years.

· Highly advantageous – Directly prepared and obtained annual tax rate recap for at least five communities or at least five years.

11. Availability:

· Non advantageous – Lead person is available to work in Lakeville Assessor’s office less than 1 day per month.

· Advantageous – Lead person is available to work in Lakeville Assessor’s office at least 4 hours per week.

· Highly Advantageous – Lead person is available to work in Lakeville Assessor’s office at least 8 hours per week.

12. On-Call Availability:

· Non advantageous – Cannot resolve 90% of issues within 1 week .

· Advantageous – Can respond to inquiries from town staff/committees within 48 hours and can resolve 90% of issues within 5 work days.

· Highly advantageous – Can respond to inquiries from town staff/committees within 24 hours. Can resolve 90% of issues within 48 hours.

13. References:

· Non advantageous: Less than 3 good references from Massachusetts Municipalities.

· Advantageous – Good references from 3 or more Massachusetts Municipalities.

· Highly Advantageous – Outstanding references from 3 or more Massachusetts Municipalities.

Proposed Contract

The successful bidder shall execute the contract in the form as attached to this RFP as Exhibit C. The successful bidder’s technical and price proposals will become addenda to the contract.

The contract is for an initial three (3) year period commencing July 1, 2024, and ending on June 30, 2027. Annual compensation increases shall be addressed in the attached price proposal sheet.

Classification Information:

Total Parcels=1,979 277 Building Permits issued in calendar year 2023

ATTACHMENT A

TAX COMPLIANCE AND NON-COLLUSION CERTIFICATION

Pursuant to M.G.L. Chapter 62C, Section 49A, the undersigned certifies under the penalties of perjury that ____________________________ has filed all Massachusetts State tax returns and paid all state taxes required by Massachusetts.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair, and made without collusion or fraud with any other person. As used in this paragraph, the word “person” shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

The undersigned certifies under penalties of perjury that he/she is authorized on behalf of ______________________________ to bind the bidder contractually. If the bidder is a corporation, a clerk’s certificate of vote and minutes of a director’s meeting will be provided.

Social Security Number or Federal Identification Number

Company Name

Printed Name of Signer

Signature

Date

ATTACHMENT B

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of ________________________ held on _________________ it was VOTED that:

(Name of Corporation)

(Date)

of this corporation, be and he/she hereby is authorized to submit bids and proposals, execute contracts, deeds and bonds in the name and on behalf of said corporation, and affix its corporate seal hereto; and such execution of any contract, deed or obligation in this corporation's name on its behalf by such _________________________ under seal of the company, shall be valid (Officer) and binding upon this corporation.

A True Copy, ATTEST: _____________________________________

TITLE: _______________________________________

PLACE OF BUSINESS: _________________________

DATE OF THIS CERTIFICATE: __________________

I hereby certify that I am the clerk of the _____________________________ (Corporation) that _________________________ is the duly elected ________________________ of (Name) (Office) said corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

(Clerk)

CORPORATE SEAL:

ATTACHMENT C

AGREEMENT FORM

TOWN OF AVON, MASSACHUSETTS

AGREEMENT

THIS AGREEMENT made this ____ day of __________, 2024 by and between the TOWN of Avon, a municipal corporation duly organized under the laws of Massachusetts and having a usual place of business at 65 East Main Street, Avon, Massachusetts, hereinafter referred to as the “TOWN”, and _________________________,[a _____________ corporation] having a usual place of business at ___________________________, hereinafter referred to as the

“CONTRACTOR”.

WITNESSETH:

WHEREAS, the TOWN invited the submission of proposals to provide the Town with property tax administration services, hereinafter “the Project”; and

WHEREAS, the CONTRACTOR submitted a Proposal to perform the work required to complete the Project; and

WHEREAS, the TOWN has decided to award the contract therefor to the CONTRACTOR.

NOW, THEREFORE, the TOWN and the CONTRACTOR agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, the Request for Proposals, Instructions to Bidders and the CONTRACTOR’s Proposal. The Contract Documents constitute the entire Agreement between the parties concerning the work, and all are as fully a part of this Agreement as if attached hereto.

2. THE WORK. The Work consists of those items listed in the Scope of Services specified in the Request for Proposals incorporated herein by reference.

3. TERM OF CONTRACT. This Agreement shall be in effect from ___________and shall expire on _________________, unless terminated earlier pursuant to the terms hereof.

4. COMPENSATION. The TOWN shall pay, as full compensation for items and/or services furnished and delivered in carrying out this Agreement. Total Bid Price $_____________.

5. PAYMENT OF COMPENSATION. The TOWN shall make payments within thirty

(30) days after its receipt of Invoice.

6. LIABILITY OF THE TOWN. The TOWN’s liability hereunder shall be to make all payments when they shall become due, and the TOWN shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render the TOWN or any elected or appointed official or employee of the TOWN, or their successors in office, personally liable for any obligation under this Agreement.

7. INDEPENDENT CONTRACTOR. The CONTRACTOR acknowledges and agrees that it is acting as an independent contractor for all work and services rendered pursuant to this Agreement and shall not be considered an employee or agent of the TOWN for any purpose.

8. INDEMNIFICATION. The CONTRACTOR shall indemnify, defend, and hold the TOWN harmless from and against all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorney’s fees, arising out of the CONTRACTOR's breach of this Agreement or the negligence or misconduct of the CONTRACTOR, or the CONTRACTOR's agents or employees.

9. INSURANCE. A. The CONTRACTOR shall obtain and maintain during the term of this Agreement the insurance coverage in companies licensed to do business in the Commonwealth of Massachusetts, and acceptable to the TOWN, as follows.

(A) Commercial General Liability to be written on a “primary and non-contributory basis” favoring the Town in the following amounts:

$2,000,000 Products/Completed Operations Aggregate Limit $2,000,000 General Aggregate (Other Than Products/Completed Operations) $1,000,000 on account of one occurrence and $1,000,000 Personal and Advertising Injury

(B) Automobile Liability (Owned, Non-Owned and Hired Automobiles and Vehicles):

$1,000,000 each accident (Combined Single Limit)

(C) Employer’s Liability:

$500,000 Each Accident $500,000 Each Employee Injury by Disease $500,000 Aggregate for Injury by Disease

(D) Workmen's Compensation Insurance including a “waiver of subrogation” favoring the Town in the following amounts: as required by the General Laws of the Commonwealth of Massachusetts.

B. All policies shall identify the TOWN as an additional insured (except Workers' Compensation) and shall provide that the TOWN shall receive written notification at least 30 days prior to the effective date of any amendment or cancellation. Certificates evidencing all such coverages shall be provided to the TOWN upon the execution of this Agreement. Each such certificate shall specifically refer to this Agreement and shall state that such insurance is as required by this Agreement. Failure to provide or to continue in force such insurance shall be deemed a material breach of this Agreement and shall be grounds for immediate termination.

10. ASSIGNMENT. The CONTRACTOR shall not assign, sublet or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the TOWN, and shall not assign any of the moneys payable under this Agreement, except by and with the written consent of the TOWN.

11. TERMINATION. A. Termination for Cause. If at any time during the term of this Agreement the TOWN determines that the CONTRACTOR has breached the terms of this Agreement by negligently or incompetently performing the work, or any part thereof, or by failing to perform the work in a timely fashion, or by failing to perform the work to the satisfaction of the TOWN, or by not complying with the direction of the TOWN or its agents, or by otherwise failing to perform this Agreement in accordance with all of its terms and provisions, the TOWN shall notify the CONTRACTOR in writing stating therein the nature of the alleged breach and directing the CONTRACTOR to cure such breach within ten (10) days. The CONTRACTOR specifically agrees that it shall indemnify and hold the TOWN harmless from any loss, damage, cost, charge, expense or claim arising out of or resulting from such breach regardless of its knowledge or authorization of the actions resulting in the breach. If the CONTRACTOR fails to cure said breach within ten (10) days, the TOWN may, at its election at any time after the expiration of said ten (10) days, terminate this Agreement by giving written notice thereof to the CONTRACTOR specifying the effective date of the termination. Upon receipt of said notice, the CONTRACTOR shall cease to incur additional expenses in connection with this Agreement. Upon the date specified in said notice, this Agreement shall terminate. Such termination shall not prejudice or waive any rights or action which the TOWN may have against the CONTRACTOR up to the date of such termination, and the CONTRACTOR shall be liable to the TOWN for any amount which it may be required to pay in excess of the compensation provided herein in order to complete the work specified herein in a timely manner. Upon such termination, the CONTRACTOR shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the TOWN.

B. Termination for Convenience. The TOWN may terminate this Agreement at any time for convenience by providing the CONTRACTOR written notice specifying therein the termination date which shall not be sooner than ten days from the issuance of said notice. Upon receipt of said notice, the CONTRACTOR shall cease to incur additional expenses in connection with this Agreement. Upon such termination, the CONTRACTOR shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the TOWN, such payment not to exceed the fair value of the services provided hereunder.

12. INSPECTION AND REPORTS. The TOWN shall have the right at any time to inspect the work of the CONTRACTOR, including the right to enter upon any property owned or occupied by CONTRACTOR, whether situated within or beyond the limits of the TOWN. Whenever requested, CONTRACTOR shall immediately furnish to the TOWN full and complete written reports of his operation under this Contract in such detail and with such information as the TOWN may request.

13. SUCCESSOR AND ASSIGNS. This Agreement is binding upon the parties hereto, their successors, assigns and legal representatives. Neither the TOWN nor the CONTRACTOR shall assign or transfer any interest in the Agreement without the written consent of the other.

14. COMPLIANCE WITH LAWS. The CONTRACTOR shall comply with all Federal, State and local laws, rules, regulations and orders applicable to the work provided pursuant to this Agreement, such provisions being incorporated herein by reference, and shall be responsible for obtaining all necessary licenses, permits, and approvals required for the performance of such work.

15. NOTICE. All notices, or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other reputable delivery service, to the parties at the addresses set forth on Page 1 or furnished from time to time in writing hereafter by one party to the other party. Any such notice or correspondence shall be deemed given when so delivered by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent by private overnight or other delivery service, when deposited with such delivery service.

16. SEVERABILITY. If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

17. GOVERNING LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the CONTRACTOR submits to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement.

18. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

I certify that an appropriation

TOWN OF AVON

is available in the amount of this

SELECT BOARD

Contract.

Town Accountant

Approved as to Form:

CONTRACTOR:

Town Counsel

(Signature)

(Name and Title)

Avon Assessors Administrative Services Pricing Sheet

Please provide your costs for the following services in a separate envelope as part of your submission:

Item: Price

Office coverage per day $

Cyclical Parcel Inspection/each $

Building Permit Inspections/each $

Overall Annual Support $

Annual Price Adjustment $

Town of Avon RFP for Property Tax Administration Services 1