FINAL RFP 2024.25.04 Attorney and Legal Services.pdf

County of Curry

Request for Proposals

No. 2025/26-01

Attorney and Legal Services

Issue Date:

July 7, 2025

Notice to Owner of Intent to Propose is Due:

July 21, 2025 at 5:00 p.m. Mountain Time

Proposal Due:

August 12, 2025

Time: 2:00 p.m. Mountain Time

Curry County Administration Office

417 Gidding St., Suite 100

Clovis, NM 88101

Attn: Finance Department/Procurement Office

575-763-6016

Proposals must be submitted in a sealed envelope that is clearly marked

“RFP No. 2025/26-01 Do Not Open” mcrouch Highlight

Curry County Administration

RFP No. 2025/26-01 Attorney and Legal Services

Commodity Code #96149

The Board of County Commissioners of Curry County, State of New Mexico (hereinafter referred to as “County”) is requesting competitive sealed proposals from qualified law firms to provide

Curry County with legal counsel in various areas of County operations. The selected firm will provide representation, guidance, and compliance support as required.

To be responsive, one (1) original and five (5) identical copies of the proposal and one (1) electronic version submitted on a USB memory stick/flash drive must be received no later than August 12, 2025 at 2:00 p.m. Mountain Time at the Curry County Administration

Office, located at 417 Gidding Street, Suite 100, Clovis, NM 88101.

Proposals will be reviewed and ranked in private by an Evaluation Committee. It is possible that the Curry County Evaluation Committee will request an oral presentation. A recommendation will then be made to the Curry County Commission for award to the Offeror whose proposal is determined to be the most advantageous to the County, based upon the specific evaluation criteria as outlined in the proposal.

IMPORTANT:

Sealed Proposal along with Request for Proposals (RFP) number, the Offeror’s name and address

MUST appear clearly on the sealed envelope or package of all proposals.

If there is any problem regarding the following specifications or conditions that would prevent you from submitting a proposal, contact Curry County Administration Office Purchasing Agent, Melynda Crouch immediately for clarification and/or consideration of an addendum.

Proposals may be mailed to Curry County Finance Department, 417 Gidding Street, Suite 100, Clovis, NM 88101 or hand-courier delivered to Curry County Finance Department, 417 Gidding

Street, Suite 100, Curry County Administration, Clovis NM 88101.

NOTE: WHEN SHIPPING OVERNIGHT DELIVERY, IT IS RECOMMENDED THAT

SHIPMENT BE MADE TWO (2) DAYS PRIOR TO THE DEADLINE, IF POSSIBLE, TO ENSURE

DELIVERY. IT IS ALSO RECOMMENDED TO VERIFY DELIVERY PRIOR TO PROPOSAL

DEADLINE.

Melynda Crouch, Purchasing Agent mcrouch@currycountynm.gov mailto:mcrouch@currycountynm.gov

PROPOSAL FORM

MANDATORY “NOTICE TO OWNER OF INTENT TO PROPOSE”

RFP #: 2025/26-01 ATTORNEY AND LEGAL SERVICES

By this “Mandatory Notice to Owner of Intent to Submit a Proposal” the undersigned agrees that he/she has received a complete copy of the RFP. Proposals will only be accepted from those Offerors who sign and return this form. Only potential Offerors who elect to return this form completed with the intention of submitting a proposal will receive copies of all Offeror written questions and the Owner’s written responses to those questions, as well as any RFP amendments that may be issued.

All other responses will be rejected as non-responsive.

This Mandatory Notice to Owner shall be signed and returned to the Curry County Administration Office, 417

Gidding St., Suite 100, Clovis, New Mexico 88101, mcrouch@currycountynm.gov, Fax: 575-763-3656 no later than

5:00 pm Mountain Standard Time on: July 21, 2025

FIRM: __________________________________________________________________

REPRESENTED BY: ______________________________________________________

(Printed Name & Title)

ADDRESS: _____________________________________________________________

CITY: _______________________________ STATE: ___________ ZIP: ___________

TELEPHONE: ___________________ FAX: ___________________________

E-Mail: ___________________________________________________________

Signature of Person authorized to sign for Firm

ALTERNATE CONTACT PERSON/INFORMATION: *This name and address may be used for all correspondence related to the RFP if the Representative indicates herein.

NAME: _______________________ Title: ______________________

Telephone: ________________ E-Mail Address of Alternate Contact: _____________

PLACE AN ‘X’ ON THE APPROPRIATE STATEMENT BELOW AND RETURN FORM TO

THE PROCUREMENT MANAGER LISTED HEREIN:

_____ Firm DOES INTEND to respond to this RFP

_____ Firm DOES NOT INTEND to respond to this RFP

THIS PAGE MUST BE COMPLETED AND SUBMITTED ON OR BEFORE July 21, 2025 AT 5:00 PM

MOUNTAIN STANDARD TIME.

PURPOSE/GOAL

The County of Curry, State of New Mexico, on behalf of the Curry County Board of County

Commissioners, seeks sealed proposals from qualified law firms for legal services to oversee and assist in managing all County related legal matters, ensuring maximum protection of legal rights and continued operation consistent with federal, state and local laws. The selected firm will play a critical role in ensuring compliance, mitigating risks, and handling legal disputes effectively.

SCOPE OF WORK

The County desires to enter into a non-exclusive contractual relationship with a practicing attorney/law firm to provide legal advice to the County; prepare and examine contracts and other legal documents for the County; develop, amend and work with County employees on policies, including but not limited to policies for the Detention Center, Personnel, Procurement, Land Use and other County Departments; provide legal counsel with respect to personnel matters; draft ordinances and ordinance amendments and resolutions; and generally perform the function of a

County Attorney as may be required by the Board of County Commissioners of Curry County, including but not limited to the following:

1. Attend Board of Curry County Commission regular meetings, study sessions, hearings or court procedures, special meetings and hearings that may be called by the Board of County

Commission and be prepared to provide counsel or post-disciplinary hearings as outlined in the County Personnel Policy and as requested by the New Mexico County Insurance

Authority, and executive sessions of the Board of County Commissioners of Curry County.

In person attendance is preferred. Virtual attendance to any meetings shall be approved in writing at least one (1) week in advance by the Board of County Commission or the County

Manager

2. Attend any special board or committee meetings, as requested by the Board of

Commissioners or the County Manager. Special committees including Road, Personnel, Investment, Land Use, etc.

3. Be involved in the New Mexico Counties Attorney Affiliate and apprise County Officials of changes in law and potential issues that may or may not affect his or her office or department.

4. Render written legal opinions on County matters or matters that may impact the County following review and preparation of agreements and policies to the County Manager or

County Commission of concerns from a liability standpoint or potential statutory compliance, and other matters as requested by the Board of Curry County Commission or the County Manger.

5. Advise any Elected Official or Department Head, as to the legal conduct of his/her office, upon authorization of the Board of Commissioners or the County Manager.

6. Review all suspension, demotion or termination letters and supporting documentation for legal compliance and advise on recommendations and potential legal issues to Human

Resources Director and/or Department Head prior to implementation.

7. Prepare and/or review all contracts, policies, ordinances, resolutions, franchises, bonds

(Attorney will not serve/represent as Bond Counsel for the County), and other miscellaneous documents affecting the interest of Curry County.

8. Conduct all research, as required by the scope of the contract and provide all clerical and secretarial work associated with such research.

9. Represent the County as its attorney in all minor Court proceedings.

10. Assist the Purchasing Agent in review/preparation of procurement contracts, Request for

Proposals, Invitations to Bids and legal aspects as related to Federal Procurement Law, New Mexico State Statutes and County Purchasing Policy.

11. Assist and/or handle responses to Inspection of Public Records Act (IPRAs) .

12. Routine telephone calls on County matters, assist in handling of routine litigation matters that arise during the year, gathering of any information and transmission to the New

Mexico Counties’ defense counsel, and coordination of communication with defense attorneys is shared/provided to the County Manager regarding defense on those matters.

13. Undertake all collections as requested.

14. Examine Abstracts of Title.

15. Perform any and all other legal services as the County or its duly authorized officers or elected officials may request or require from time to time.

16. Become available the two (2) days prior to the Board of County Commission meetings and have documents prepared accurately and submitted to the County Manager for each meeting.

17. Keep the County Manager and/or Department Head apprised on items that are being worked on, changes in laws and other matters that may affect or impact Curry County to include in the Commission meeting packet. Notify the County Commission under attorney client communication of items that may have liability or concern prior to the Commission meetings.

18. Submit a monthly invoice to the County Manager’s office. The invoice must detail who performed the service, the time involved and the specific question or matter addressed.

The invoice will need to be broken out on work done on forfeitures, grants and the County

Manager may request additional expenses to be broken out by Department and/or subject matter. Payment will be made within thirty (30) business days after acceptance.

19. Legal services provided to unauthorized employees or the public, and not authorized, will not be compensated.

REQUIREMENTS FOR PROPOSAL

1. Offeror shall deliver one (1) original and five (5) identical copies (6 total) of their proposal and one (1) electronic version submitted on a CD-ROM or USB memory stick/flash drive of the proposal containing all sections and all Confidential Information separated on the electronic version (must mirror the hard copy submitted) to the Procurement Officer on or before the closing date and time for receipt of proposals.

2. Potential Offerors must return the Mandatory “Notice to Owner of Intent to Propose”

Form in order to submit a proposal. This form may be hand-delivered, returned by facsimile, electronic mail, registered mail, certified mail, or any other type of carrier by the deadline stated. This is to ensure your organization is placed on the Procurement

Distribution List to be notified of any change or amendments to the RFP documents, and written answers to inquiries.

3. The Offeror with the successful proposal shall be prepared to enter into negotiations for projected fees, when required, for the services, prior to any work being started.

Negotiations will follow procedures established by State Procurement Code 13-1-115 through 13-1-122.

4. Proposals shall not exceed thirty (30) pages in length exclusive of cover letter, divider sheets, Resident Certificate(s) and Campaign Contribution Disclosure pages and other attached forms.

5. Proposal shall be good for one hundred twenty days (120) days subsequent to the RFP opening date.

6. Offeror must presently be licensed by the State of New Mexico to practice law and be in good standing.

OTHER REQUIREMENTS

1. Professional Qualifications

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. Offerors must provide a detailed resume and/or curriculum vitae including education and legal experience of attorney(s) who will provide the services. Prior governmental law experience is preferred.

PROPOSAL PACKAGE

Each offeror must submit the following as labeled and in the same order as follows:

1. Desirable Specification

a. Experience with Contract Law

Offerors must be familiar with, and experienced in dealing with, contract law in a local public body setting. This must include litigation experience. Offerors must describe, in narrative form, how they will meet this requirement. The response must 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 Law

Offerors must be familiar with, and experienced in dealing with employment law in a local public body setting. This must include litigation experience. Offerors must describe, in narrative form, how they meet this requirement. The response must include the description of a situation, and the resolution and outcome, that the

Offeror feels best describes their experience and success in this area. Offeror must explain methods of staying up to date with continued changes in the laws regarding

Employment.

c. Experience with Procurement Law

Offerors must be familiar with, and experienced in dealing with, procurement law in a local public body setting. This must include litigation experience. Offerors must describe, in narrative form, how they meet this requirement. The response must 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 Tort Litigation

Offerors must be familiar with, and experienced in dealing with, tort litigation in a local public body setting. Offerors must describe, in narrative form, how they meet this requirement. The response must 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 Land Use & Property Law

Offerors must be familiar with, and experienced in dealing with, Land Use and

Property Law in a local public body setting. Offerors must describe, in narrative form, how they meet this requirement. The response must 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 Creation & Enforcement of Local Ordinances

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

2. Experience and Education

a. Experience with New Mexico Local Public Body

Offerors must have experience providing 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 must include a break-down per local public body, if experience with more than one (1) local public body is being claimed. Offeror must provide names and current contact information for at least three (3) 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.

Offeror must 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.

b. Continued Education

Offeror must provide specific detailed information on legal education, training/seminar/programs and additional education training relevant to County governments that they have obtained over the last three (3) years. Offeror must also describe, in narrative form, how they will meet this requirement over the term of the Contract with Curry County if they were so selected.

3. Fees

a. Offeror must complete and submit the Cost Response Form, on Pages 19 providing proposed hourly fees.

4. Essential Service Responsibilities

a. Accessibility

Offeror must address their response time to the County on general matters for review, preparation of contracts, resolutions, etc. Twenty-four (24) hours a day, seven (7) days a week access to legal services and advice is required to deal with urgent and unexpected legal matters. If awarded the contract, Offeror must be available, 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.

b. Document Preparation and Review

Offeror must describe methods for handling preparation and review of documents to prevent or limit errors; typographical, formatting, wrong information, vendors, etc. County shall not be charged fees for corrections made to documents prepared by Offeror.

c. Confidentiality & Records Retention

Any work done by the attorney or law firm selected by County is, and must remain confidential. Offerors must be familiar with, and experienced in dealing with confidentiality & records retention. Offerors must describe, in narrative from, how they maintain confidentiality in his/her office among the offerors staff. Offerors must also describe their methods for records retention. The Offeror must list how they would address breaches, documents being sent to wrong parties within an organization and outside of an organization. Offeror must also describe methods for training staff on confidentiality and records retention procedures.

EVALUATION CRITERIA

1. Desirable Specification

35 Points

2. Experience and Education 30 Points

3. Fees

20 Points

4. Essential Service Responsibilities 15 Points

Maximum Evaluation Score 100 Points

PROCEDURE

1. Procedure: Proposals will be reviewed and ranked by an Evaluation Committee. Offerors who are deemed, on the basis of selection criteria, fully qualified and best suited among those submitting proposal, may be requested to participate in discussions or interviews regarding their proposals. Discussions may cover methods of delivery and other relevant factors. Those Offerors will then be ranked on the basis of the evaluation criteria and/or information presented during the discussion/interview(s). A recommendation will be taken before the Curry County Commission for award. Once awarded, negotiations will be conducted with Offeror at a compensation determined in writing to be fair and reasonable.

If a satisfactory agreement cannot be reached, the contract will be awarded to subsequent

Offeror until a satisfactory contract can be established or until the County determines the cancellation of the process is in the best interest of Curry County.

2. Method of award: Award will be made to the Offeror whose proposal is determined to be the most professional, technically complete and in the best interest of the County. The selection process may, however, include a request for additional information or an oral presentation to support the written proposal.

3. The County reserves the right to award this contract to the Offeror that demonstrates the best ability to fulfill the requirements of this request for proposal.

4. Pursuant to the New Mexico Procurement Code, prices are to be determined through formal negotiations relating to the scope of work after an award has been made with the recommended offeror.

Sequence of Events

All parties shall make every effort to adhere to the following schedule:

Action Responsibility Date

1. Issue of RFP Curry County July 7, 2025

2.

Mandatory “Notice to Owner of

Intent to Propose”

Potential Offerors July 21, 2025 at

5:00 PM Mountain

Time

3. Deadline to Submit Questions Potential Offerors July 31, 2025 at

5:00 PM Mountain

Time

4. Last Response to Written

Questions/RFP Amendments

Curry County August 1, 2025 at

5:00 PM Mountain

Time

5. Submission of Proposal Offeror August 12, 2025 at

2:00 PM Mountain

Time

6. Proposal Evaluation Evaluation

Committee

August 12, 2025 –

August 28, 2025

7. Selection of Finalist(s) County August 28, 2025

8. Oral Presentation by Finalist

(optional)

Offeror TBD

9. Negotiate and Finalize

Contract

Curry County, Awarded Offeror

August 28, 2025 –

September 9, 2025

10. Approve Contract County

Commission

September 16, 2025

TERM OF CONTRACT

The contract shall be awarded for a one (1) year period with the option to renew the contract for three (3) additional one (1) year periods for a total period of four (4) years through or soliciting proposals for a new Offeror. The fee may be negotiated at the end of the first year period if the

County takes the option to renew. The County reserves the right to terminate the contract at any time for non-performance with no less than a thirty (30) day written notice.

PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference is not scheduled. Any questions regarding any and all aspects of this

RFP shall be made by email to Purchasing Agent, Melynda Crouch at mcrouch@currycountynm.gov.

OFFEROR’S CHECKLIST – REQUIRED FORMS

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost for developing the submittal is the sole responsibility of the Offeror. The following documents are also required to be included in your proposal packet:

1. Mandatory Notice to Owner of Intent to Propose Form – Page #18

2. Cost Response Form – Page #19-20

3. Offeror’s Response Form – Page #21

4. Execution of Proposal Form – page #22

5. Offeror’s Reference Form – page #23

6. Offeror’s Certification of Non-Collusion Affidavit – page #24

7. Letter of Transmittal Form – page #25

8. Copy of Business License – include with page #25

9. Completed W-9 – include with page #25

10. Certification Regarding Debarment, Suspension, & other Responsibility Matters – Page #26

11. Options, Exceptions or Variations – Page #27

12. Resident/Veterans Preference Certification – Page #28

13. Campaign Disclosure Form – pages #29-30

14. Proof of Insurance

15. Statement of Concurrence to Minimum Level of Effort

16. Proof of Juris Doctor (J.D.) Degree and Member of a State Bar.

17. Resume and/or Curriculum Vitae

Contractual Provisions

The following provisions will be in any contract entered into by and between the County and the successful Offeror.

Amendment: This contract shall not be altered, changed or amended, except by instrument in writing by the parties hereto.

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

Equal Opportunity Compliance: The successful Offeror agrees to abide by all Federal and State laws, rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New

Mexico, the Offeror agrees to ensure that no person in the United States shall, on the grounds of race, color, national origin, sex, sexual preference, age or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under an agreement for the services outlined in this RFP. If the

Offeror is found not to be in compliance with these requirements during the life of the contract, then the institution agrees to take appropriate steps to correct these deficiencies. By signing and submitting a proposal, offeror agrees to comply with this paragraph.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Offeror must complete and sign the Campaign Contribution Disclosure Form – whether any 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 County of Curry are Commissioners Fidel Madrid, Brad Bender, Dusty Leatherwood.

Seth Martin and Kyle Cain; Treasurer Ben McDaniel, Assessor Sam Kelley, Clerk Anastasia

Hogland, Sheriff Michael Brockett, or Probate Judge Holly Barnett.

MINIMUM LEVEL OF EFFORT

Offeror must agree to commit a minimum of nine hundred (900) person hours annually to the performance of this contract by one (1) or more persons meeting the minimum professional qualifications required in the RFP. A statement of concurrence is required.

PROPERTY TAX OBLIGATIONS

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.

DEBARMENT & SUSPENSION CERTIFICATION

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

PROTEST DEADLINE

Any protest by an Offeror shall be timely and in conformance with the applicable procurement regulations. The fifteen (15) day protest period for responsive Offerors shall begin on the day following the Contract Award and will end as of close of business on fifteen (15) days after the

Contract Award. Protests shall be written and shall include the name and address of the protestor and the request for proposals number. It shall also contain a statement of grounds for protest including appropriate supporting exhibits, and it shall specify the ruling requested from the Chief

Procurement Officer. The protest shall be delivered to the Purchasing Agent.

NONDISCRIMINATION STATEMENT

Curry County in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78

Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit offers in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Please refer to complete Curry County Title VI Plan, specifically Appendices A and E at https://www.currycountynm.gov/open-government/document-repository/miscellaneous.

Applicable Laws: The contract shall be governed by the laws of the State of New Mexico

ADDITIONAL TERMS

1. The terms and conditions outlined in this RFP, unless otherwise modified, shall govern the submission of proposals and subsequent contracts. The County reserves the right to reject any proposal which takes exception to these conditions.

2. If there is any clarification, problem, ambiguity or question regarding this RFP, you must contact the Purchasing Agent prior to the proposal opening. Clarifications and ambiguities will not be considered after the proposal opening. Answers provided regarding the specifications or RFP package must be answered by the Purchasing Agent. Questions answered by any other person or County Official shall be considered completely non-applicable to the legal provision of this proposal except as authorized by the Purchasing

Agent. The County is not responsible for any errors or omissions contained in the Offeror’s proposal.

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

4. All information contained in the proposal must be legible. Any and all corrections and/or erasures must be initialed. Changes will not be permitted after the deadline for receipt.

Proposals must be signed in ink by an authorized representative of the respondent and the required information must be provided. The contents of the proposals submitted by the offeror of the RFP will become public record upon award and may become part of any contract approved as the result of any solicitation. If there are portions of the proposal desired to be kept confidential, such as company financial information or any data that qualifies as a trade secret in accordance with the Uniform Trade Secret Act 57-3A-1, NMSA 1978, it is necessary to provide a written request for non-disclosure of such information with the proposal. It is not acceptable under the New Mexico State

Procurement Code to request that either the entire proposal or the proposed cost of services be kept confidential.

5. Addendum: All changes, additions, and/or clarifications in connection with the RFP will be issued by the Curry County Procurement Officer in the form of a written addendum.

The Offeror shall acknowledge each addendum on the information form contained with the addendum. Verbal responses and/or representations are not acceptable.

6. The Offeror will perform all services indicated in the proposal in compliance with the negotiated contract.

7. Proposals that do not meet the requirements set forth may be considered non-responsible.

8. The County reserves the right to negotiate any and all elements of this RFP.

9. Finalists may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. Finalists who are asked and choose to submit revised proposals for the purpose of obtaining best and final offers will have their points recalculated accordingly.

10. The County, or any of its agents, reserves the right to refuse to hold harmless or identify any respondent for any liability whatsoever.

11. Non-Collusion: Offerors, by submitting a signed proposal, certify that the accompanying proposal is not the result of, or affect by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under New Mexico or United States law.

12. Curry County reserves the right to reject any proposal from any Offeror that has previously failed to perform properly, or complete on time, contracts of similar nature, or to reject the proposal from any Offeror who is not in the position to perform such services satisfactory.

Such is at the discretion of the County.

13. If an Offeror to whom a contract is awarded refuses to accept the award, or fails to deliver in accordance with the contract terms and conditions, Curry County may, in its discretion, suspend the Offeror for a period of time from entering into any contracts with Curry

County.

14. This solicitation is governed by the laws of the State of New Mexico. By signing and submitting a proposal, the parties agree that any litigation concerning this request for proposal, or subsequent contract or purchase order must be brought in the 9th Judicial

District in and for Curry County, State of New Mexico, and each party shall pay its own cost and Attorney fees.

15. Failure to comply with all of the Instructions and Conditions may subject the proposal to rejection. The Terms and Conditions, and the Specifications and Contractual Terms will form part of the contract between the County and the successful Offeror.

16. All Offerors submitting proposals will be notified by letter of the Board’s award which will be conditioned upon entering into a formal written contract acceptable to the County.

17. The proposal specifications indicate the minimum standard of quality, performance or other pertinent characteristics required. All variations and exceptions from minimum specifications must be listed on or attached to the proposal.

18. Contents of any proposal shall not be disclosed upon opening, so as to not be available to competing Offerors during the negotiation process.

19. Proposals shall be evaluated according to factors set forth on Evaluation Criteria. Each factor shall be given the weight indicated.

20. The County reserves the right to waive any technical irregularities in the form of the proposal which do not alter the quality, quantity, or time of performance of the services, and the County may reject any and all proposals when it is in the best interest of the County to do so.

21. The Curry County Procurement Policy and the New Mexico Procurement Code 13-1-28 through 199, NMSA, 1978 shall apply to this procurement and prevail over any inconsistent terms and govern all interpretations of contract documentation.

22. In submitting this proposal, the Offeror represents the Offeror has familiarized themselves with the nature and extent of the Request for Proposals dealing with Federal, State and local requirements which are part of the Request for Proposals.

23. In signing this proposal, the Offeror certifies that there has been no direct or indirect action in restraint of free competition in connection with this proposal submitted to Curry County.

24. The County shall negotiate a contract with the highest qualified Offeror as selected by the selection committee for the services contemplated under this RFP at compensation determined in writing to be fair and reasonable (“Contract”).

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

1. Professional Liability: Minimum one million, fifty thousand dollars

($1,050,000.00) aggregate

2. Workers’ Compensation:

a. Contractor shall comply with the provisions of the Workers’ Compensation

Act.

3. Increased Limits:

a. If, during the life of this Agreement, the Legislature of the State of New

Mexico increase 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 one million, fifty thousand dollars ($1,050,000.00) per occurrence, two million dollars ($2,000,000.00) per aggregate.

5. Curry County 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 thirty (30) days’ prior written notice has been given to Curry County.

26. The RFP and the Contract are or will be subject to New Mexico law, including but not limited to, the Procurement Code, the New Mexico Public Works Minimum Wage Act and all federal and state laws, rules and regulations pertaining to equal employment opportunity. The rights and obligations set forth herein are to be construed and interpreted according to said laws, regardless of whether they are expressly set forth herein. Should any provision herein be found to be legally unenforceable, it shall not affect the legality or enforceability of the remainder of this contract, so long as the basic intent and object of this agreement is not undermined by the elimination of the objectionable provision(s).

The Offeror agrees to comply with state laws and rules applicable to Workers’

Compensation benefits for its employees. If the Offeror fails to comply with the Workers’

Compensation Act and applicable rules when required to do so, this agreement may be terminated by the contracting agency.

27. The Offeror will save and hold the County harmless from all suits, actions, claims, losses and expenses, including attorney’s fees brought on account of any injuries or damages sustained by an employee or person, including wrongful death, or damage to property as a result of any negligent act or omission by the Offeror or employee or agent thereof connected in any way with Offeror’s performance under this RFP or Contract.

28. The Offeror, its agents and employees, by virtue of any award of the RFP will not be employees of Curry County and will not be entitled to any fringe benefits available to the employees of Curry County.

29. The contract will include the following Termination clauses:

A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. Except as otherwise allowed or provided under this Agreement, the County’s sole liability upon such termination shall be to pay for acceptable work performed prior to the Contractor’s receipt of the notice of termination, if the County is the terminating party, or the Contractor’s sending of the notice of termination, if the Contractor is the terminating party; provided, however, that a notice of termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the County or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of government funds or due to the

Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES

NOT WAIVE THE COUNTY’s OTHER LEGAL RIGHTS AND REMEDIES CAUSED

BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.

B Termination Management. Immediately upon receipt by either the

County or the

Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this

Agreement without written approval of the County; 2) comply with all directives issued by the County in the notice of termination as to the performance of work under this

Agreement; and 3) take such action as the County shall direct for the protection, preservation, retention or transfer of all property titled to the County and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the County upon termination and shall be submitted to the County as soon as practicable.

30. The Offeror agrees not to assign any rights or privileges under this RFP or the Contract, or any part thereof, to any other person or business entity, without first receiving prior written consent of the County.

31. After award, proposals are subject to public inspection. Any confidential or proprietary information should be marked as such with a brief explanation as to why. Entire proposals may not be marked as proprietary.

32. The County’s policy on requests for copies of proposal information after award is as follows:

Submit a written request detailing what information you would like to receive.

a) There will be a charge of one dollar ($1.00) per page by cash or check / money order made payable to Curry County at the following address:

b)

Curry County, Finance Department

417 Gidding Street, Suite 100

Clovis, NM 88101

The fee must be paid before the information is released.

33. According to state procurement regulations, any protest of the award must be submitted in writing within fifteen (15) days of written notice of award to:

Purchasing Agent

Curry County Administration

417 Gidding Street, Suite 100

Clovis, NM 88101

In order to receive resident business, resident veteran or Native American preference, a copy of the Offeror’s current Preference Certificate must be included in the Proposal in addition to the

Resident/Veterans Preference Certification page found in the following Request for Proposals for

Attorney and Legal Services.

QUESTIONS: Any questions concerning this Request for Proposals should be submitted to

Melynda Crouch, Purchasing Agent by email at mcrouch@currycountynm.gov.

COST RESPONSE FORM

RFP #2025/26-01 ATTORNEY AND LEGAL SERVICES

DUE DATE: August 12, 2025 at 2:00 PM Mountain Time

OFFEROR NAME: _____________________________________________________________

PROPOSED HOURLY FEES (Required minimum of nine-hundred (900) hours annually): $__________

State gross receipts and local option taxes (if any) shall not be included in the proposed fees.

Such taxes shall be separately reimbursed by the County.

Please list the billing increments to the County: _______________________________________

(Please include the minimum increments to the County. Ex: What would be the increment billed for a 5-minute phone call, email, etc.)

Any cost for paralegal services: $______________________

Any cost for clerical work: $__________________________

Any travel expense, if not residing in Curry County, to County to attend County Commission Meetings, Committee Meetings, Personnel Hearings, etc.: $______________________

(Please list the Hourly/Monthly rate, if applicable, to the County for travel time to and from Curry

County.)

Please list all other additional costs to the County not included above or in the Hourly fees:

OFFEROR’S RESPONSE FORM

The services offered meet specifications: Yes No

Completed and attached campaign disclosure form: Yes No

Completed & attached veteran’s preference form : Yes No

If the services offered do not meet specifications, all exceptions or variations are set forth on the following page.

I have read and understand the Terms & Conditions and Specifications and Contractual Terms. I agree to comply with such and warrant that the services offered are as represented in this Proposal.

Signature Name (Typed/Printed)

Company Position

Address Telephone Number FAX Number

City, State, Zip Tax ID # E-mail Address

State of )

County of )

(name), being duly sworn, deposes and says that he/she is

(title) of ______ (company) and all foregoing questions and all statements herein contained are true and correct.

Subscribed and sworn to before me this day of , 2025.

Notary Public

My commission expires:

THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL

EXECUTION OF PROPOSAL FORM

DATE:

The potential Contractor certifies the following by placing an “X” in all blank spaces:

That this proposal was signed by an authorized representative of the Offeror.

That the potential Offeror has determined the cost and availability of all materials and supplies associated with performing the services outlined herein.

That all labor costs associated with the services have been determined, including all direct and indirect costs.

That the potential Offeror agrees to the conditions as set forth in this Request for Proposal with no exceptions.

Therefore, in compliance with the foregoing Request for Proposals, and subject to all terms and conditions thereof, the undersigned offers and agrees, if this proposal is accepted within one hundred twenty (120) days from the date of the opening, to furnish the services for the prices quoted within the timeframe required.

Business Name

Authorized Signature Date

Typed Name & Title

OFFEROR’S REFERENCE FORM

All references must be from customers for whom your company has completed work similar to the specifications of this bid. Attach additional page if necessary.

References for:

(Company Name)

1. Company

Street Address

City, State & Zip

Contact Person Name

Phone FAX Email

Describe Scope of Work and dates of project/service:

2. Company

City, State & Zip

Contact Person Name

3. Company

City, State & Zip

Contact Person Name

OFFEROR’S CERTIFICATION AND STATEMENT OF NON-COLLUSION FORM

I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same services and is in all respects fair and without collusion or fraud. I understand that collusive proposing is a violation of State and Federal law and can result in fines, prison sentences and civil damages awards.

I certify that this proposal has been prepared independently and the price submitted will not be disclosed to another person.

I certify that there has been no contract or communication by the proposer or the proposer’s associates with any County staff, or elected officials since the date this RFP #2024/25-04 Attorney and Legal Services was issued except: 1) through the Purchasing Department 2) as provided by existing work agreement(s).

The County reserves the right to reject the proposal submitted by any proposer violating this provision.

I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal.

COMPANY NAME:

Authorized Representative (Signature) Date

Authorized Representative/Title

(Print or Type)

LETTER OF TRANSMITTAL FORM

RFP #2025/26-01 ATTORNEY AND LEGAL SERVICES

DUE DATE: August 12, 2025 at 2:00 PM Mountain Time Items #1 to 4 MUST EACH BE RESPONDED TO. Failure to respond to all four items WILL RESULT IN THE

DISQUALIFICATION OF THE PROPOSAL!

1. Identity (Name) and Mailing Address of the submitting organization:

2. For the person authorized by the organization to contractually obligate the organization:

Name

Title

3. For the person authorized to negotiate the contract on behalf of the organization:

E-Mail Address

Telephone Number

4. For the person to be contacted for clarifications:

E-Mail Address

Telephone Number

1. Declarations:

● I certify that I am authorized to contractually bind my company.

● I concur that the submission of our proposal constitutes acceptance of the form of contract provided for in this RFP though specific contract details may be subject to negotiation.

● I concur that submission of our proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

● I acknowledge receipt of any and all amendments to this RFP.

● I certify that my company/entity/organization commits to comply and act in accordance with (1) Federal Executive

Orders and New Mexico State Statutes relating to the enforcement of Civil Rights, (2) Federal Code 5 USCA 7201 et.

seq., Anti-Discrimination in Employment; (3) Executive Order No. 11246, Equal Opportunity in Federal Employment;

(4) Title 6, Civil Rights Act of 1964; and (5) Requirements of the American with Disabilities Act of 1990 for work performed as a result of this RFP.

__________________________________________ _______________________, 2025

Authorized Signature and Date (Must be signed by the person identified in item #2, above.)

ATTACH COPY OF BUSINESS LICENSE AND A COMPLETED W-9 FORM

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY

MATTERS

Offeror certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three (3) year period preceding this proposal been convicted of, had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any offenses; and

4. Have not within a three (3) year period preceding this application/proposal had one (1) or more public transaction (Federal, State, or local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award.

Print Name of Authorized Representative Title

Signature of Authorized Representative Date

OPTIONS, EXCEPTIONS OR VARIATIONS FORM

Please state each and every option, exception, or variation to the specifications (if any) for the services offered. Please sign below and return with your offer.

(Use additional pages if necessary.)

1. THERE ARE OPTIONS, EXCEPTIONS OR VARIATIONS

Signature

2. THERE ARE NO OPTIONS, ETC. LISTED. The services offered on this Request for Proposal meet or exceed all specifications, terms and conditions as described in said Request for Proposal without exceptions. I understand services not meeting all specifications, terms and conditions will be rejected.

Signature

RESIDENT/VETERANS PREFERENCE CERTIFICATION FORM

(NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:

Please check one box only

Resident Veterans:

I declare under penalty of perjury that my business prior year revenue starting January 1 ending December

31 is less than $3M allowing me the 10% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

Resident Businesses:

I declare under penalty of perjury that my business is a New Mexico resident business allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report, or reports, to the…