RFP 2025-05-002 LEGAL SERVICES FOR CITY OF T OR C (FINAL EDIT).docx

RFP #2025-05-002

ANNUAL LEGAL SERVICES FOR CITY OF T OR C

SIERRA COUNTY

CITY OF TRUTH OR CONSEQUENCES

REQUEST FOR PROPOSALS (RFP)

RFP# 2025-05-002

ANNUAL LEGAL SERVICES

CITY OF TRUTH OR CONSEQUENCES PROCUREMENT

505 SIMS STREET

TRUTH OR CONSEQUENCES, NM 87901

Issue Date: May 1st, 2025

Question Deadline: May 15th, 2025 @ 2:00 PM MDT

Acknowledgement of Receipt: May 29th, 2025 @ 2:00 PM MDT

Due Date: June 5th, 2025@ 2:00 PM MDT

OTHER INFORMATION:

COMMODITY CODE REF: NIGP: 96149 NIGP:91784 NIGP: 918

Table of Contents

MANDATORY REQUIREMENTS (POINTS)……………………………………………………………….23

7. Capablity and Agreement to Perform (200 POINTS)…………...…………………………………………23

8. Requirements of Offeror Submitting Proposal (200 POINTS)…………...……………………………….23

9. Offeror (Offeror Team) Qualifications and Experience (200 POINTS)………………………………….23 10.References(100 POINTS)………………………………………………………………………………….23 11.Resume (s) (100 POINTS………………………………………………………………………………….23 12.Cost Response Form- Exhibit C (200 POINTS)…………………………………………………………..23

13. Total Maximum Points (1000)………………………………………………………………………………23

MANDATORY REQUIREMENTS (POINTS)

7. Capablity and Agreement to Perform (200 POINTS)…………...…………………………………………26

8. Requirements of Offeror Submitting Proposal (200 POINTS)…………...……………………………….26

9. Offeror (Offeror Team) Qualifications and Experience (200 POINTS)…………………………….…….26 10.References(100 POINTS)……………………………………………………………………………….….26 11.Resume (s) (100 POINTS……………………………………………………………………………….….27 12.Cost Response Form- Exhibit C (200 POINTS)…………………………………………………………..27

13. Total Maximum Points (1000)……………………………………………………………………………27

D. EVALUATION PROCESS 27

1. INITIAL REVIEW………………………………………………………………………………………..27

2. CLARIFICATIONS……………………………………………………………………………………….27

3. OTHER INFORMATION………………………………………………………………………………...27

4. VETERAN PREFERNCE; RESIDENT BUISNESS/CONTRACTOR PREFERENCE/ LOCAL….28

5. SCORING AND CONTRACT AWARD RECOMMENDATIONS…………………………………...28

6. COST RESPONSE SCORING…………………………………………………………………………...28

7. BASIS OF AWARD……………………………………………………………………………………….28

APPENDIX D (MANDITORY) ……………………………………………………………………………………33

CAMPAIGN CONTRIBUTION DISCLOSURE FORM 33

APPENDIX E (MANDITORY)……

RESIDENT VETERNAS PREFERENCE CERTIFICATE ..36

EXHIBIT A (MANDITORY)………………………………………………………………………………………40

LETTER OF TRANSMITAL FORM……………………………………………………………………………..40

EXHIBIT B …………………………………………………………………………………………………………42

RFP QUESTION SUBMITTLE FORM…………………………………………………………………………..42

EXHIBIT C (MANDITORY)………………………………………………………………………………………43

COST RESPONSE FORM………………………………………………………………………………………..43

EXHIBIT D………………………………………………………………………………………………………….44

SAMPLE CONTRACT

END

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

Failure to comply with the instructions, terms and conditions, and specifications of this Request for Proposal (RFP) may result in your proposal being classified as non-responsive. This Request for Proposal will result in a single source award. New Mexico criminal law prohibits bribes, gratuities and kickbacks.

(13-1-191 NMSA 1978)

B. SUMMARY SCOPE OF WORK

The scope of work is for Legal Services and shall consist of the following:

· Provide day to day legal services to the City Commission and Administration

· Experience with New Mexico Local Government

· Employment Laws

· Legal staff will provide legal opinion and guidance- but will ultimately leave final decisions to the City Commission and Administration- and continue to provide legal support based on these decisions

· Attend All City Commission Meetings and Administrative Hearings

· Advise Commission on all matters including Policies and Procedures, Open Meetings, Inspection of Public Records, Elections, Procurement, Administrative Proceedings and Hearings, Meetings Rules, Personnel Matters, Tort, and Criminal Litigations matters that may arise. Including and not limited to liens and property abatements

· Draft and review Notices of Contemplated Actions

· Draft and Review Resolutions, Ordinance, Contracts, and all other necessary City documents

· Draft and review Contracts, Leases, Memorandums of Understandings, Joint Powers Agreements and as requested by departments as needed

· Subdivision, property and road experience

· Provide written legal opinions and advise the city on methods to avoid civil litigation

· Advise Elected officials

· Timely Response to inquiries

· Shall notify appropriate staff of new laws, legislative mandatory requirements or other when knowledge of such changes are incurred

· Monthly Flat Rate

· Annual Fee

· Other Rates (Detailed)

· To be respectful and diplomatic to all staff

C. SCOPE OF PROCUREMENT

The scope of the procurement consists of Annual Legal Services for the City of T or C. This Contract will automatically renew on an annual basis, for up to three (3) additional one (1) year terms unless terminated as provided by this Contract or law. In accordance with Section 13-1-150 NMSA 1978, no term for a professional services contract, including extensions and renewals, shall exceed four (4) years, except as set forth in Section 13-1-150 NMSA 1978.

This procurement will result in a single source award. The contract award is expected on or about June 2025.

D. CHIEF PROCUREMENT OFFICER

The City or T or C has designated a Chief Procurement Officer who is responsible for this procurement and whose name, address, and telephone number are listed below. Any inquiries or requests regarding this procurement should be submitted to the Chief Procurement Officer in writing. Offerors may contact ONLY the Chief Procurement Officer regarding the procurement. Other City employees do not have the authority to respond on behalf of the City of Truth or Consequences.

Jocelyn Holguin City of T or C Chief Procurement Officer

Delivery Address (Including proposal delivery):

505 Sims Street, Truth or Consequences, NM 87901

Mailing Address:

505 Sims Street, Truth or Consequences, NM 87901

Phone : (575) 740-7323 E-mail : jholguin@torcnm.org

NOTE: All deliveries via express carrier (INCLUDING PROPOSAL DELIVERY) should be addressed to Jocelyn Holguin's Delivery Address, above.

E. DEFINITION OF TERMINOLOGY

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

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

"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MDT), whichever is in effect on the date specified.

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

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

"City" means the City of Truth or Consequences of Sierra County.

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

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

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

"Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for submission to appropriate approval authorities for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

"Finalist" is defined as an offeror who meets all the mandatory specifications of this Request for Proposal and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

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

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

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

"Procuring agency of the City" means the department or other subdivision of the City of Truth or Consequences that is requesting the procurement of services or items of tangible personal property.

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

"Purchasing” means the City of T or C Purchasing Office or the City’s Chief Procurement Officer.

"Purchasing Agent" or "PA" means the Purchasing Agent for the City of Truth or Consequences.

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

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

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

“Statement of Compliance” and “Statement of Concurrence” mean an express statement, by the offeror in their proposal, which they agree with or agree to the stated requirement(s). Possible examples of acceptable responses include “The [NAME HERE Company] agrees to comply with this requirement.” and “The [NAME HERE Company] concurs with this requirement.”

F. PROCUREMENT LIBRARY

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

- New Mexico Procurement Code http://www.nmonesource.com

· City of Truth or Consequences Website https://www.torcnm.org

In compliance with the requirements of legislation passed in 2015, and codified at Sections 13-1-95 D (8) and 13-1-30.1 NMSA 1978 (see attachment A), the State Purchasing Agent has developed for use by each state agency and local public body standard classification codes for all procurement expenditures being made by those entities. The National Institute of Governmental Purchasing (NIGP) 5-digit codes are currently available in excel format, attached to this correspondence (Attachment B), and may be obtained by visiting the State Purchasing Division website. The codes are available for immediate use by all state agencies and local public bodies under a statewide license agreement entered into by the State Purchasing Division. Under this contract, use of the code license is at no cost to New Mexico agencies and public bodies. For more information, or if you have questions regarding NIGP codes and their use under the new statute, please contact the State Purchasing Division at 505-827-0468.

Please visit the City of T or C Finance BidNet Direct: PROCUREMENT- FREE BIDNET DIRECT LINK- For the opportunity to fill out and submit the City Vendor Registration form, which will allow you notifications of all addendums and future projects. NOTE: You will be required to be a registered vendor in BidNet Direct to see any updates.

II. CONDITIONS GOVERNING THE PROCUREMENT

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

A. SEQUENCE OF EVENTS

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

*Contract award is subject to approval of the Board of City Commissioners.

B. EXPLANATION OF EVENTS

The following paragraphs further detail the activities listed in the sequence of events shown in Section II, Paragraph A.

1. Issue RFP

This RFP is being issued by the City of T or C’s Chief Procurement Officer on behalf of the Board of City Commissioners of the City of Truth or Consequences.

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

Potential offerors should hand deliver or return by facsimile or e-mail or registered or certified mail the “Acknowledgement of Receipt” form that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned by the close of business on the date indicated in Section II.A (Sequence of Events), above.

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

3. There is not a Pre-Proposal Conference associated with this procurement.

Pre-Proposal Conference. N/A

4. Deadline to submit written questions

Potential offerors may submit written questions as to the intent or clarity of this RFP until 2:00 PM MDT on the date indicated in Section II.A (Sequence of Events), above. All written questions must be sent by e-mail to the Chief Procurement Officer (See EXHIBIT B- RFP Question Submittal Form)

5. Response to written questions/RFP Amendments

Written responses to written questions and any RFP amendments will be provided to all potential offerors that have returned the “Acknowledgement of Receipt” Form found at Appendix A. A new “Acknowledgement of Receipt” Form will accompany the posted distribution package. The form should be signed by the offeror's representative, dated, and hand-delivered or returned by facsimile or e-mail or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process.

6. Submission of Proposal

OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE CHIEF PROCUREMENT OFFICER OR DESIGNEE NO LATER THAN 2:00 PM MDT ON THE DATE INDICATED IN SECTION II.A (SEQUENCE OF EVENTS), ABOVE. PROPOSALS RECEIVED AFTER THIS DEADLINE FOR ANY REASON WILL NOT BE ACCEPTED OR CONSIDERED.

The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the Chief Procurement Officer at the delivery address listed in Section I, Paragraph D. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the “LEGAL SERVICES” Request For Proposals and should reference “RFP #2025-05-002.” Proposals submitted by facsimile or other electronic means WILL NOT BE ACCEPTED.

A public log will be kept of the names of all offerors submitting proposals. Pursuant to Section 13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award.

7. Proposal Evaluation

The evaluation of proposals will be performed by an Evaluation Committee appointed by City management. This process will take place during the time period indicated in Section II.A (Sequence of Events), above. During this time, the Procurement Manager may at his option initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Notification of Finalists

The Evaluation Committee may select and the Chief Procurement Officer may notify finalist offerors on the date indicated in Section II.A (Sequence of Events), above. Only finalists will be invited to participate in the subsequent steps of the procurement. The Evaluation Committee reserves the right not to utilize the finalist process if they deem it in the best interest of the City.

9. Best and Final Offers

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

10. Oral Presentations

Finalist Offerors may be required to make an oral presentation to the Evaluation Committee. If so required, the Chief Procurement Officer will schedule the time for each Offeror’s presentation. All presentations will be made in a location to be specified in Truth or Consequences, NM 87901. Each presentation will be limited to a fixed amount of time as designated by the Chief Procurement Officer in the Oral Presentation requirement notification.

11. Contract Negotiations

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

12. Contract Award

After review of the Evaluation Committee Report and the tentative contract, the Purchasing Agent anticipates the Board of City Commissioners will award the contract on the date indicated in Section II.A (Sequence of Events), above. This date is subject to change at the discretion of the Chief Procurement Officer or the Board of City Commissioners.

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

13. Protest Deadline

Any protest by an offeror must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978 and the City’s Procurement Policy. The fifteen (15) day protest period for timely offerors shall begin on the day following the contract award and will end at 5:00 PM MDT on the date indicated in Section II.A (Sequence of Events), above. Protests must be written and must include the name and address of the protestor and the Request for Proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Chief Procurement Officer. The protest must be delivered to the Certified Purchasing Agent.

City of Truth or Consequences Attn. Jocelyn Holguin, Chief Procurement Officer 505 Sims Street Truth or Consequences, NM 87901 NOTE: Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the New Mexico Procurement Code (13-1-28 NMSA 1978) and the City of Truth or Consequences Procurement Policy.

1. Acceptance of Conditions Governing the Procurement

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

2. Incurring Cost

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

3. Prime Contractor Responsibility

Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the City. The City will only make contract payments to the prime contractor.

4. Subcontractors

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

5. Amended Proposals

An offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.

6. Offerors' Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after the due date for the receipt of a best and final offer, if one is solicited.

8. Disclosure of Proposal Contents

The proposals will be kept confidential until a contract is awarded by the awarding authority. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material which is proprietary or confidential. The Chief Procurement Officer will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the remaining portions of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-I to 57-3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the Purchasing Agent shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

9. No Obligation

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

10. Termination

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

11. Sufficient Appropriation

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

12. Legal Review

The City requires that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Chief Procurement Officer.

13. Governing Law

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

14. Basis for Proposal

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

15. Contract Terms and Conditions

The contract between the City the contractor will follow the format specified by the County and contain the terms and conditions set forth in Appendix B, Sample Contract. However, the City reserves the right to negotiate with a successful offeror provision in addition to those contained in this RFP. The contents of this RFP, as revised or supplemented, and the successful offeror's proposal will be incorporated into and become part of the contract.

Should an offeror object to any of the City’s terms and conditions, as contained in this Section or in Appendix B, that offeror must propose specific alternative language. The City may or may not accept the alternative language, at the City’s sole discretion. General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to the City and could lead to disqualification of the offeror's proposal.

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

16. Offeror’s Terms and Conditions

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

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

18. Offeror Qualifications

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

19. Right to Waive Minor Irregularities

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

20. Change in Contractor Representatives

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

21. Notice

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

22. City Rights

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

23. Right to Publish

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

24. Ownership of Proposals

All documents submitted in response to the RFP shall become the property of the City. However, any technical or user documentation submitted with the proposals of non-selected offerors may be returned after the expiration of the protest period, by request, at the expense of the Offeror.

25. Ambiguity, Inconsistency or Errors in RFP

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

26. Competition

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

27. Use by Other Government Entities

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

28. Confidentiality

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

29. Electronic mail address required

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

30. Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. If accepted by such means, the offeror acknowledges and accepts full responsibility to ensure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the offeror’s possession and the version maintained by the City, the version maintained by the City shall govern.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offeror’s may submit only one (1) response to this RFP.

B. NUMBER OF COPIES

Offerors shall deliver five (5) identical copies of their proposal to the location specified in Section I, Paragraph D on or before the closing date and time for receipt of proposals. (Identical copies are defined as the original plus the number of additional copies needed to fulfill the requirement. For example, a requirement for five (5) identical copies would be fulfilled by submitting the Original and four [4] copies of the original.) Shall include (1) jump, thumb, or flash drive in the proposal packet. The original copy should be clearly marked “ORIGINAL” on the front cover and shall contain original signatures. (An exception to this requirement is made for the “Cost Response Form” and the “Campaign Contribution Disclosure Form”. See Section III.C.1, immediately below.)

C. PROPOSAL FORMAT

All proposals must be typewritten on standard 8 1/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section.

1. Proposal Organization

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

i. Table of Contents

ii. Conflict of Interest *(Mandatory- See Appendix-C)

iii. Campaign Contribution Disclosure Form* (Mandatory- See Appendix D) in a sealed and labeled envelope

iv. Resident Veterans/Local Preference (Mandatory- See Appendix E)

v. Letter of Transmittal Form (Mandatory-See Exhibit-A)

vi. Proof of Insurance

vii. License

viii. Proof of Insurance

ix. Capability and Agreement to Perform

x. Requirements of Offeror Submitting Proposals

xi. References

xii. Resume

xiii. Cost Response Form* (Mandatory- See Exhibit-C) in a sealed and labeled envelope

xiv. Other Supporting Material**

*Only the single original needs to be provided and must be secured in the binder marked “Original” in the required sealed and labeled envelope.

**See also Section III.C.3., immediately below.

Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP. Any forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Unless otherwise specified in this RFP, all discussion of proposed costs, rates or expenses must occur only on the Cost Response Form, Exhibit-C.

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

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

2. Letter of Transmittal Form

The Letter of Transmittal Form at Exhibit A must be completed, signed and included with the offeror’s proposal.

3. Other Supporting Materials

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

IV. SPECIFICATIONS

A. INFORMATION

1. Background

This RFP is to secure Annual Legal Services. All potential Offerors are to read, understand and accept the requirements of this Request for Proposal. Failure to comply with the instructions, terms and conditions, and specifications of this Request for Proposal may result in your proposal being classified as non-responsive. This Request for Proposal will result in a single source award. New Mexico criminal law prohibits bribes, gratuities and kickbacks.

(13-1-191 SA 1978)

B. MANDATORY REQUIREMENTS

Pass/Fail

1. Conflict of Interest (0* Points – Pass/Fail Only)

APPENDIX C

City of Truth or Consequences Conflict of Interest-Debarment/Suspension Certification Form

2. Campaign Contribution Disclosure Form (0* Points-Pass/Fail Only)

APPENDIX D

Offeror must complete and sign the Campaign Contribution Disclosure Form

3. Letter of Transmittal Form (0* Points – Pass/Fail Only)

EXHIBIT A

Offeror must complete and submit the “Letter of Transmittal Form”

4. Resident Veterans Preference Certification (0* Points – Pass/Fail Only)

APPENDIX E-

Offeror must complete and submit Resident Veterans Preference

5. Insurance (0* Points – Pass/Fail Only)

Offeror must submit a certificate of insurance.

6. License (0* Points – Pass/Fail Only)

Offeror must submit a valid business license with their submittals

Mandatory Requirements Points

7. Capability and Agreement to Preform (200 Points)

Offeror certifies that they are capable and qualified to provide the products or services.

8. Requirements of Offeror Submitting Proposals (200 Points)

Offeror must at a minimum hold a Juris Doctor Degree or Doctor of Jurisprudence from an American Bar Association recognized Law School and must be a member in good standing with the New Mexico Bar Association. Supporting documentations required.

9. Offeror (Offeror Team) Qualifications and Experience (200 Points)

Offer must describe, in narrative form, their qualifications to accomplish the activities cited within this Section IV.B as well as relevant experience and past record of successful performance. Legal services for City Government, Municipalities and Colonia’s.

10. References (100 Points)

Offeror must provide references of at least three (3) public entity.

11. Resume (s) (100 Points)

Offeror must provide a resume (s) provided based on the background and knowledge of each attorney who will be directly associated with the City.

12. Cost Response Form (200 Points)

EXHIBIT C- Cost to be tabulated and formatted into final score sheet.

13. TOTAL POSSIBLE SCORED POINTS: 1000

V. EVALUATION

A. EVALUATION POINT SUMMARY

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

AVAIL.

PASS/FAIL ONLY

POINTS

V.B.13

TOTAL

*Pass/Fail only.

B. EVALUATION FACTORS

Points will be awarded based on the evaluation factors found in V.B.7 through V.B.12, as indicated.

C. MANDITORY REQUIREMENTS

PASS/FAIL

1. Conflict of Interest (0* Points)

Pass/Fail only.

APPENDIX C

City of Truth or Consequences Conflict of Interest-Debarment/Suspension Certification Form

2. Campaign Contribution Disclosure Form (0* Points)

Pass/Fail only.

APPENDIX D

Offeror must complete and sign the Appendix E, Campaign Contribution Disclosure Form – whether any applicable contribution has been made or not. This form must be submitted with your proposal whether an applicable contribution has been made or not. Note that there are two (2) different signature sections within the form. (For purposes of this requirement, the applicable elected public officials within the City of Truth or Consequences are BCC Mayor Rolf Hechler; BCC Mayor Pro-Tem Amanda Forrister; Commissioner Destiny Mitchell).

3. Letter of Transmittal Form (0* Points)

Pass/Fail only.

EXHIBIT A

Offeror must complete and submit the “Letter of Transmittal Form”, found in EXHIBIT A, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

4. Resident Veterans Preference Certification (0* Points)

Pass/Fail only.

APPENDIX E

Offeror must provide a copy signed copy of the “Resident Veterans Preference Certification”, found in APPENDIX E, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

5. Insurance (0* Points)

Offeror must provide a copy of a valid certificate of liability insurance with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

6. License (0* Points)

Offeror must provide a copy of a valid license with their proposal. The license shall indicate firm is licensed and is able to provide professional legal services in the State of New Mexico. The license must be signed and dated by an individual authorized to contractually bind the firm. Including the State of New Mexico Seal.

Points

7. Capability and Agreement to Perform (200 Points)

Offeror certifies that they are capable and qualified to provide the products or services required by this RFP and agrees to perform the Scope of Work as specified in the sample contract at Exhibit D statement of concurrence is required.

8. Requirements of Offeror Submitting Proposals (200 Points)

Offeror must at a minimum hold a Juris Doctor Degree or Doctor of Jurisprudence from an American Bar Association recognized Law School and must be a member in good standing with the New Mexico Bar Association.

9. Offeror (Offeror Team) Qualifications and Experience (200 Points)

Points will be awarded base on the depth and breadth of experience of the Offeror. The Evaluation Committee will pay particular attention to the similarity between described experience and the work to be performed under this RFP as well as the complexity and difficulty of work described in the offeror’s response. Offeror responses will also be compared to submittals from other offerors under this RFP.

10. References (100 Points)

Points will be awarded based on the similarity of the business dealings indicated to the requirements of this RFP as well as the reference’s satisfaction in their dealings with the offeror and the provided products or services. The Evaluation Committee may call any or all of the references. Reference responses to this section will also be compared to reference responses from other offerors under this RFP.

11. Resume (100 Points)

Points will be awarded based on the resume (s) provided based on the background and knowledge of each person (s) who will be conducting professional services directly with the City. Each resume is to indicate their knowledge and background regarding governmental laws, litigations and terminations (if applicable).

12. Cost (200 Points)

Points will be awarded based on the total cost proposed on the Cost Response Form and calculated using the following formula:

Lowest Total Proposed Cost Offeror's Points = ----------------------------------------------- X 200 This Offeror's Total Proposed Cost

Note: The Chief Procurement Officer will tabulate the points according the formula and include them in the final score sheet in accordance with the final scores weighted by evaluating committee with section V.B.6- V.B.10.

13. Total Possible Points- Score Based on Combined Totals of selected Committee Evaluations and Scoring.

D. EVALUATION PROCESS

1. Initial Review

All offeror proposals will be reviewed for compliance with the mandatory requirements stated within the RFP. Proposals deemed non-responsive to any mandatory requirement will be eliminated from further consideration.

2. Clarifications

The Chief Procurement Officer may contact the offeror for clarification of the response as specified in Section II, Paragraph B.7.

3. Other Information Sources

The Evaluation Committee may use other sources of information to perform the evaluation as specified in Section II, Paragraph C.18.

4. Veteran Preference; Resident Business/Contractor Preference/ Local

13-1-21 NMSA 1978 provides for certain preferences under certain conditions. If applicable, the preference will be provided to those offerors that have provided the requisite supporting material with their proposal, as required by 13-1-21 NMSA 1978. As amended Application of Preferences. Appendix E

5. Scoring and Contract Award Recommendation

Responsive proposals will be evaluated and assigned a point value based on the factors in Section V. Finalist offerors who are asked and choose to submit revised proposals for the purpose of obtaining best and final offers will have their points recalculated accordingly. The responsible offeror whose proposal is most advantageous to the City, taking into consideration the evaluation factors in Section V, will be recommended for contract award to the Chief Procurement Officer, and any other required approving authorities, as specified in Section II, Paragraph B.12. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

6. Cost Response Scoring

Responsive proposals will be evaluated and tabulated by the Chief Procurement Officer and added to the final tabulated score sheet in occurrence with committee evaluating scores of the above pointed criteria and formula.

7. Basis of Award

In accordance with combined committee evaluations and scoring based on the pointed criteria and cost formula, the Chief Procurement Officer, will issue a final determination based on the committee member’s unanimous agreement for the selected firm, to represent the City of T or C for Legal Services. Once the decision has been solidified the awarded contract agreement will be presented to the City Commission for approval.

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

Request for Proposals

City of Truth or Consequences RFP #2025-05-002

In acknowledgment of receipt of this Request for Proposal, the undersigned agrees that he/she has received a complete copy, beginning with the title page and table of contents, and ending with Exhibit D.

The acknowledgment of receipt should be signed and returned (by fax, e-mail, courier or hand delivery) to the Chief Procurement Officer no later than May 29, 2025.

The firm listed below does/does not (circle one) intend to respond to this Request for Proposals.

FIRM: _____________________________________________________________________

REPRESENTED BY: _______________________ TITLE:___________________________

E-MAIL ADDRESS: _________________________________________________________

PHONE NO.:________________________ FAX NO.:______________________________

ADDRESS: _________________________________________________________________

CITY: _________________________ STATE: ______ ZIP CODE: ____________________

SIGNATURE: ______________________________________ DATE:__________________

This name and address will be used for all correspondence related to the Request for Proposals.

Please return to:

Jocelyn Holguin Chief Procurement Officer 505 Sims Street Truth or Consequences, NM 87901 Phone : (575) 740-7323 E-mail : jholguin@torcnm.org

APPENDIX B

ACKNOWLEDGMENT OF ADDENDA

THE FOLLOWING BIDDER INFORMATION MUST BE COMPLETED AND RETURNED WITH THE RFP # 2025-05-002

ACKNOWLEDGMENT OF ADDENDA

The undersigned acknowledges receipt of the following addenda:

Addenda No. Dated Addenda No. Dated

Addenda No. Dated Addenda No. Dated

The undersigned, as an authorized representative for the Company named below, acknowledges that the Responder has examined this RFP with its related documents and is familiar with all of the conditions surrounding the described materials, labor and/or services. Responder hereby agrees to furnish all labor, materials and supplies necessary to comply with the specifications in accordance with the Terms and Conditions set forth in this RFP and at the prices stated within the RFP.

The undersigned further states that the company submitting this RFP is not in violation of any applicable Conflict of Interest laws or regulations or any other related clauses included in this RFP.

COMPANY NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE: FAX: EMAIL:

NEW MEXICO GROSS RECEIPTS TAX NO

FEDERAL EMPLOYER ID NUMBER (FEIN)

NEW MEXICO LOCAL PREFERENCE NUMBER:__________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE

PRINTED OR TYPED NAME

TITLE

DATE: _________________________________________________________________

APPENDIX C (MANDATORY)

CITY OF TRUTH OR CONSEQUENCES CONFLICT OF INTEREST-DEBARMENT/SUSPENSION CERTIFICATION FORM THE FOLLOWING MUST BE CERTIFIED IF ANY RESULTANT PURCHASE ORDER/AGREEMENT IS $20,000 OR…