RFP - Roxbury Town Counsel.docx

TOWN OF ROXBURY, CONNECTICUT

Request for Proposal Roxbury Town Counsel

REQUEST FOR PROPOSAL

ROXBURY TOWN COUNSEL

DUE DATE: JULY 23, 2026, AT 11:59 AM

LEGAL NOTICE

The Town of Roxbury invites all interested parties to submit sealed proposals on the following

The full description of items being requested is stated in the Specific Request for Proposal, Section 1, on Page 1.

Sealed Proposals must be delivered no later than the date and time stated above to:

Roxbury First Selectman Town of Roxbury 29 North Street Roxbury, CT 06783

Sealed Proposals must be labeled: RFP Town Counsel

Telephone: (860) 354-9938 Email: proy@roxburyct.com

The Town bears no responsibility for misdirected envelopes that are incompletely labeled. Such misdirected envelopes may be declared late and not considered. Faxed or e-mailed proposals will not be accepted, unless otherwise instructed.

The sealed Proposals will be publicly opened and read aloud at the closing time and date stated above.

It is understood and agreed that should Bid/RFP proposal be accepted, the detailed bid specifications including the instructions to bidders and the general terms and conditions and the submitted proposal shall all automatically, by this reference become part of the purchase order, contract, agreement or an addendum to any contract agreed upon.

Table of Contents

TOWN OF ROXBURY, CONNECTICUT

Request for Proposal Roxbury Town Counsel

SECTION 1. SPECIFIC REQUEST FOR PROPOSAL

The Town of Roxbury (Town) and the Board of Selectman (BOS) are requesting sealed proposals from qualified firms for providing the Town with general municipal legal services to act as the Town of Roxbury’s legal counsel (Counsel).

General Town Overview The Town of Roxbury, Connecticut was settled in 1796 and has a population of about 2,300. The Town operates under a Town Meeting, Board of Selectmen and Board of Finance form of government. Under this form of government, the Town Meeting is the legislative body. The administrative branch is led by an elected three-member Board of Selectmen.

The Selectmen oversee most of the activities not assigned specifically to other bodies.

Qualified Firms The Town is seeking general multi-purpose legal counsel on all matters that involve Town Government. To be considered, firms and attorneys must be qualified to perform the Scope of Legal Services as described in this document, and show evidence of:

1. Membership in good standing of the Connecticut Bar.

2. A strong background in Connecticut Statutes relating to municipal governance law and relevant state regulations.

3. Experience in municipal regulatory legal consultation for municipalities.

4. A strong knowledge of Connecticut Freedom of Information Act requirements.

5. Effective verbal and written communications that can be readily understood by elected and appointed officials, town staff and the public.

Qualified firms shall have a minimum of three attorneys, with a minimum of one attorney having substantive municipal legal service within the State of Connecticut. Attorneys shall be licensed for the State of Connecticut and have the ability to provide services for all State and Federal Courts in Connecticut, including the U.S. Court of Appeals for the Second Circuit. Firms that do not have substantive municipal experience will not be considered.

Scope of Legal Services Legal Services The Town wishes to retain the successful firm for all general routine and normal day-to-day advice and services to include but not limited to:

1. Review in advance of all town meetings of the matters to be presented at such meetings and consult with the BOS, as necessary, to ensure the orderly disposition of the business of the meeting.

2. Prepare all Ordinances properly proposed by any Town Officer, Board or Commission, at the request of the First Selectman, but excluding the drafting or re-drafting of a set of ordinances or regulations such as the zoning code.

3. Review all Ordinances to be acted upon and revise the same, as necessary or appropriate.

4. Be the legal advisor to all Town Officers, Boards, Commissions or agencies in all matters affecting the Town and attend all Town Meetings and the Annual Town Budget meeting, as requested by the First Selectman.

5. When necessary or appropriate, furnish legal representation at BOS meetings and at other meetings, as requested by the First Selectman and/or the Chairman of other Boards and Commissions.

6. Give opinions on such matters as are submitted for a legal opinion by the First Selectman or, with the approval of the First Selectman, by any other Town Officers or the Chairman of any other Town Board or Commission.

7. Provide legal advice, counsel, services, training, consultation, and opinions to the First Selectman, BOS, Land Use Agencies and all other Boards and Commissions and all levels of the Town Government (with the specific exception of the Board of Education), as necessary or appropriate, consistent with the Town Code of Ordinances. Counsel's advice includes methods to avoid civil litigation.

8. Prepare and review ordinances, resolutions, contracts, and other documents for legal accuracy, acceptability, and proper legal form.

9. Assist Town Officials and employees to maintain awareness of ethical standards, appearance of fairness standards, to avoid potential conflicts of interest, prohibited transactions, and the appearance of impropriety.

10. Assist Officials and employees to understand the legal roles and duties of their respective offices and interrelationships with others.

11. Provide the First Selectman, BOS and Administration with a legal perspective and advice on various governmental issues.

12. Perform other legal services and tasks for, and as assigned by, the First Selectman or BOS.

13. Provide legal services required for routine real estate transactions, when necessary.

14. Counsel appropriate staff on enforcement of Town Ordinances, Town policy and enforcement of Town Building and Zoning Codes/Regulations.

15. Furnish necessary or appropriate legal opinions upon request and draft all legal documents and instruments required for the normal operation of the Town.

16. Provide written updates on new and existing state or federal legislation or judicial decisions impacting the Town and suggest actions or changes in operations or procedures to assure compliance where appropriate.

17. Provide advice on Freedom of Information Act issues, records retention and privacy issues.

Ad-Hoc Services Regarding the following, Counsel will represent the Town on an hourly basis, pursuant to a rate schedule, to include but not limited to:

1. General litigation, construction litigation, land use litigation, administrative appeals, and enforcement matters, including all Town Ordinances, Town Building and Zoning Codes/Regulations.

2. All administrative litigation, including, but not limited to, Freedom of Information Act litigation and any other administrative proceedings; employment matters and personnel issues; affordable housing applications; and all other claims.

3. Appearances before any Court or administrative agency to represent the Town's interest.

4. Represent the Town in any employment related issues such as contract negotiations, mediation, arbitration, administrative hearing or litigation involving the same, that is not handled by a special town attorney for labor matters.

5. Eminent domain or land acquisition matters and complex real estate transactions.

6. Other legal services that do not fall under Retained Services, as may be required by the First Selectman from time to time.

Town Expectations

1. Counsel is not currently required to maintain regular office hours at Town Hall, however, the Town would expect Counsel to visit Town Hall once or twice a month to meet with staff, as agreed with the First Selectman and depending on demand.

2. The Town expects Counsel to be available for consultation and advice via telephone or by e-mail on a regular and routine basis as needed with timely responses. Occasionally, matters arise that need an immediate response. In these cases, the Town would expect as rapid a response as reasonably possible.

3. The Town will expect that written legal opinions on municipal issues, as requested by the First Selectman, will be provided as part of the required services.

4. Counsel would review, comment, negotiate, approve, and where necessary draft, all municipal contracts.

5. Significant experience advising and representing municipalities, planning commissions, zoning commissions, zoning board of appeals, inland wetlands agencies, and other land use boards.

6. Extensive knowledge of state and local zoning, subdivision, wetlands, environmental, housing, and land development laws and regulations.

7. Experience attending and advising at public meetings and hearings, including providing real-time legal guidance on procedural and substantive land use matters.

8. Experience drafting and reviewing zoning regulations, subdivision regulations, ordinances, resolutions, permit conditions, and enforcement documents.

9. Experience reviewing development applications, including site plans, subdivisions, special permits, variances, and zone change petitions.

10. Experience defending municipal land use decisions in administrative appeals and court proceedings.

11. Knowledge of municipal administrative procedures, ethics requirements, conflicts of interest, open meetings laws, and public records laws.

12. Experience working collaboratively with elected officials, planning staff, engineers, consultants, developers, and members of the public.

13. Ability to identify legal risks associated with proposed developments and provide practical solutions that support municipal objectives.

14. Experience conducting legal research and preparing written opinions, memoranda, and board decisions related to land use matters.

15. Familiarity with affordable housing laws, historic preservation regulations, environmental permitting requirements, and state agency review processes, as applicable.

16. Experience managing multiple projects and meeting deadlines in a public-sector environment.

17. The Town would expect there to be one primary coordinating attorney, but that to utilize the expertise of all those in the firm and reduce costs, some matters would be assigned to other attorneys, associates, paralegals, and staff as circumstances, billing rates and experience levels dictate. This would particularly be true in areas that fall outside the retainer and where those services would be billed separately.

18. The Town expects internal discussions within Counsel on Town matters are not to be considered billable hours unless an authorized representative of the Town, as confirmed by the Office of First Selectman, participates in the discussion, either in person or telephonically.

19. The primary contact for the Town shall be the First Selectman for all matters and if the First Selectman is unavailable, the acting First Selectman as designated, unless otherwise directed for specific matters. All requests for information from or about any member of the Town Government shall be requested through the Office of the First Selectman.

20. The Town would expect that Counsel would provide the First Selectman with copies of internal memoranda on all Town matters as well as copies of minutes and records of all internal and external meetings relating to matters related to the Town. The objective is that the Town’s legal files shall be identical to Counsel’s files.

21. The Town expects Counsel to submit a monthly account of all activities taken on behalf of the Town, itemizing the services provided under the Hourly Services Schedule and under any Ad-Hoc Services. Such account to include the department worked for, issues addressed, time spent, and other pertinent details.

22. The Town anticipates the initial term of the agreement to be from January 1, 2027 until December 31, 2030 but may be terminated by the Town or by Counsel before the end of that period in accordance with the Rules of Professional Responsibility governing attorneys in Connecticut., or it may be extended indefinitely upon mutual agreement.

Proposal Requirements Bidders shall submit 3 copies of their proposal to the Office of the First Selectman by the stated closing date and time. Each proposal should include, but not be limited to the following information and documents:

1. General background information of the firm, including the firm’s history, in-house disciplines, and an organization chart. This information should include areas of specialization, background and experience. (e.g., general municipal law, planning and zoning, conflict of interest, and construction contracts and services.)

2. List the firm’s principal owners/partners, the primary attorney to be serving as the Town’s Counsel and any other attorneys who would be assisting the primary attorney. Provide backgrounds, résumés, qualifications and relevant experience.

3. Demonstrate familiarity with Connecticut State Law and Statutes.

4. Number of years of municipal experience and list the Connecticut municipalities for which relevant services have been provided, along with statistics and results achieved, redacted where necessary.

5. Briefly outline how the firm will supply legal services to the Town in a cost-effective manner, including the general approach to serving as Counsel, availability and responsiveness (e.g., use of telephone calls and/or regularly scheduled office hours), ability to call on other attorneys or resources for support. Best practices, if any, the bidder would be interested in implementing.

6. Indicate the firm’s present capacity and availability about current workload and the ability to serve as the Town’s Counsel.

7. List any sub-consultant firms or agencies that will be assigned to the Town’s work, identifying their expertise and experience.

8. Provide an affirmative statement that the bidding firm is unaware of any actual or potential conflicts of interest if awarded the role of Counsel.

9. Provide a list of any grievances filed against the firm with the outcome, within the past five (5) years.

10. Include all documentation requested above and in Section B, Section C, the Appendices and any subsequent Addenda to this RFP/solicitation.

Interviews with short listed firms may be scheduled at the Town’s discretion. While price is always a material factor, a firm’s overall qualifications and ability to perform the work, as requested, will be critical factors. The Town will award to the firm that is in the best interests of the Town.

The Town reserves the right to accept all or any part of a proposal, reject all proposals, and waive any informalities or non-material deficiencies in a proposal.

SECTION 2. GENERAL BIDDING INSTRUCTIONS

1. Instructions to Bidders By submitting a proposal, ALL these terms and conditions are agreed upon and shall become part of any contract or agreement, formal, informal or verbal, and are binding upon notice of acceptance by the Town of a proposal.

The terms of Bidder/Bidders, Bids/Proposals, Projects and Specifications and similar terms shall all be used generically and equally between Invitation to Bid (ITB), Requests for Proposals, Qualifications or Information, (RFP, RFQ, RFI).

Preparation of Proposals

· Any blank spaces provided for responses in the Proposal must be completed.

· All information shall be either typed or entered in ink. No pencils may be used.

· Descriptive literature containing complete specifications must accompany each bid. If a Bidder wishes to furnish additional information, more sheets may be added.

· The Bidder must state the prices for which they propose to do each item of the work contemplated.

· In a discrepancy when both words and the numerals are provided, the words will govern.

· Ditto marks are not considered writing or printing and shall not be used.

Corrections - Mistakes may be crossed out and corrections inserted before submission of your bid. The person signing the bid shall initial corrections in ink. Corrections and/or modifications received after the closing time specified will not be accepted.

Signatures - The Bidder shall sign their Proposal correctly. If an individual makes the Proposal, his/her name, post office addresses and telephone number must be shown. If made by a firm, partnership, or corporation, the Proposal must be signed by an official of the firm, partnership, or corporation authorized to sign and bind the firm into contracts and must show the post office address and telephone number of the firm, partnership, or corporation. Failure to do so may disqualify the bid.

Withdrawals - Withdrawals of proposals received later than the time and date specified for bid opening will not be considered.

Questions Questions shall be directed to the First Selectman, or other contact if indicated, as detailed on page 2 of this request, no later than seven (7) days prior to the bid closing date, July 16, 2026, before 5:00 PM.

Submission of Proposals Bids shall be submitted in a sealed envelope package to the Town of Roxbury First Selectman’s Office, as detailed on page 2, no later than the date and time specified, July 23, 2026, at 11:59 AM. The Town assumes no responsibility for proposal envelopes or packages that may be misdirected due to incomplete information on the outside of the delivery package (FedEx/USPS/UPS). Such misdirected proposals may at the Towns discretion, be declared late to the First Selectman and not opened or considered. Late bids and proposals will not be accepted, opened or considered. Faxed or emailed bids will not be considered, unless otherwise instructed.

Bids will be publicly opened on July 23, 2026, at 12:00 PM with the Bidders name and price(s) read aloud, in the Ed Went Community room, Roxbury Town Hall, 29 North St., Roxbury, CT, 06783.

Familiarity of the Work and Contract Documents Each Bidder is considered to have examined the workload and specified requirements to fully acquaint themselves with the exact existing conditions relating to the work and has fully informed themselves as to the work and effort required and involved and the difficulties and restrictions in attending to the performance of this bid. The submission of a bid shall be considered as conclusive evidence that the Bidder has conducted such an examination.

At the time of the opening of bids, each Bidder will be presumed to have inspected the work and to have read and to be thoroughly familiar with all contract documents (including all addenda) as issued, if sample contract documents have been included. The failure or omission of any Bidder to receive or examine any form, instruction or document shall in no way relieve any Bidder from any obligation in respect to their bid.

Compliance with Federal, State and Local Laws The Bidder shall be responsible for full compliance with any and all Federal, State and/or Local codes, laws, regulations and standards, as applicable, including all OSHA regulations as applicable, for the work and goods or services being provided.

This includes complying with the Provisions of the Immigration Reform and Control Act of 1986 effective and enforceable as of June 6, 1987, which Act makes unlawful the hiring for employment or subcontracting individuals failing to provide documentation of legal eligibility to work in the United States. The Bidder shall hold the Town of Roxbury harmless for the failure of the Bidder to comply with the provisions of said Act.

Competition Intended It is the Town’s intent that this RFP permits competition. It shall be the Bidder’s responsibility to advise the Town in writing if any language, requirement, scope, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the Town not later than seven (7) days prior to the date set for acceptance of proposal.

Non-Collusion Certification The Bidder hereby states and certifies that by submitting a signed proposal, that the submitted proposal is genuine and is not a collusive or sham proposal. The Bidder certifies that the officers, owners, agents representatives, employee’s or any party of interest has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder firm or person to submit a collusive or sham bid, in connection with the contract for which the attached proposal has been submitted or refrain from bidding in connection with such contract or has in any manner directly or indirectly sought agreement or collusion or communications or conference with any other Bidder, firm or person to fix the price(s), overhead, profit, or cost elements of the proposal price or the proposal price of any other Bidder, or to secure though collusion, conspiracy, connivance, or unlawful agreement any advantage against the Town of Roxbury or any person interested in the proposed contract. The Bidder certifies that the prices quoted are fair and proper and are not tainted in any way by collusive, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, officers, owners, employees or representatives.

Independent Project Cost Determination By submission of a proposal, the Bidder certifies that in connection with its procurement:

· Unless otherwise required by law, the financial data which has been quoted in this offer has not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to award, directly or indirectly to any other Bidder or to any competitor.

· No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition.

Gratuities or Other Conflicts By submission of a proposal, the Bidder certifies that in connection with its procurement:

No elected official or appointed official or employee of the Town of Roxbury shall benefit financially or materially from this contract. The Bidder certifies that no officer or employee or any person whose salary is payable in whole or in part from the Town of Roxbury is directly or indirectly interested in the proposal, or in the supplies, materials, equipment, work or labor to which it relates or in any of the profits thereof.

Incurring Costs The Town of Roxbury is not liable for any cost incurred for the preparation of proposals or submission of samples by the Bidders submitting proposals for the work requested.

Freedom of Information Act (FOIA) and Confidential Information All submitted materials and documents are subject to the CT FOIA laws with very limited exceptions as listed in CT General Statute 1-210 (b) (24) and elsewhere in the FOIA laws and regulations. The Town is anticipating holding all proposals confidentially pending an award as per CT General Statute 1-210 (b) (24).

The Bidder shall hold the Town of Roxbury, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted or un-copyrighted compositions, secret process, patented or unpatented inventions, articles or appliances furnished or used under this bid, and agrees to defend, at their own expense, any and all actions brought against the Town of Roxbury or themselves because of the unauthorized use of such articles.

Ownership Information The Town of Roxbury shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information developed, derived, documented or furnished by the Bidder under any contract resulting from this RFP.

In the event of contract award, all data collected and other documentation produced as part of the contract will become the exclusive property of the Town of Roxbury and may not be copied or removed by any employee of the Bidder without written permission of the Town of Roxbury.

Availability of Funds The contract award under this RFP is contingent upon the availability of funds by the Town for this engagement. In the event that funds are not available, any contract resulting from this RFP will become void and of no force and effect.

Addenda and Interpretations If a Bidder contemplating submitting a proposal is in doubt as to the true meaning of any part of these specifications, they may submit a written request for an interpretation to the First Selectman, as detailed on page 2 of this request. No interpretations as to the meaning of the plans, specifications or other Contract Documents will be made to any Bidder orally. Every request for such interpretation should be in writing and addressed to the First Selectman, as detailed on page 2 of this request, (with bid title in the subject line). To be given consideration, requests must be received at least seven (7) days prior to the date fixed for the opening of Bids/Proposals. Any and all such interpretations and any supplementary instructions will be in the form of written Addenda to the Specifications which, if issued, shall be posted on the Town and State purchasing sites with the Bid Documents. Failure of any Bidder to receive any such Addendum or interpretations shall not relieve any Bidder from any obligations under his bid as submitted. All Addenda so issued shall become part of the Contract Documents. Oral explanations will not be binding on the Town.

Alternate Proposals The specifications listed are to be interpreted as meaning the minimum acceptable by the Town of Roxbury. Bidders are requested to submit quotations based on these specifications. Alternative bids providing a broader scope and/or services than requested in these specifications may receive consideration providing such equipment and/or service is clearly explained and will be at the sole discretion of the Town of Roxbury as to what is in its best interest. Any exceptions to the specifications requested herein must be clearly noted in writing and are to be included as a part of your bid proposal. If none are included it will be assumed that there are none.

An item equal to (or better than) that named or described in the specifications may be furnished by the Bidder, except where expressly noted as "no substitutions." The naming of any commercial name, trademark, or other identification shall not be construed to exclude any item of any manufacturer not mentioned by name, nor limit competition, but shall establish a standard of equality only. An item shall be considered “Or Equal” to the item so named or described if:

a) It is at least equal in quality, durability, appearance, strength and design.

b) It will perform at least equally the function imposed by the design for the work being contracted for or the material being purchased.

c) It conforms substantially, even with deviations, to the detailed requirements for the item in specifications.

Exceptions may be considered to the specification provided, providing they are listed and fully explained on a separate page entitled "EXCEPTIONS TO SPECIFICATIONS" Each exception will be considered as to its degree of impact and total effect on the bid. The purchaser shall determine which (if any taken) exceptions are acceptable, and this determination shall be final.

Estimate of Work For bidding purposes, the work may have been subdivided into unit price items. The quantities shown are to be considered as approximate only. The Town does not expressly or by implication agree that the actual quantity will correspond therewith but reserves the right to increase or decrease the amount of any item or portion of the work as deemed necessary.

Ambiguity in the Request for Proposal Prior to submitting the proposal, the Bidder is responsible for bringing the Town’s attention to any ambiguity in this RFP. Failure to do so shall result in the Bidder forfeiting any claim for adjustment based on such ambiguity as should have been noted by a prudent Bidder.

In the event of any ambiguity between the Town’s RFP and the Bidder’s proposal, then whatever shall be more favorable to the Town of Roxbury as determined in the sole discretion of the Town shall prevail and take precedence.

Samples Samples of articles, when required, shall be furnished free of cost of any sort to the Town of Roxbury. Samples received may be retained by the Town for future comparison.

Samples which are not destroyed by testing, or which are not retained for future comparison will be returned upon request at Bidder’s expense.

Sales Tax Certain materials and supplies incorporated in the work of this project are exempt from Connecticut Sales Tax. The Bidder shall familiarize themselves with current regulations of the State Tax Department. The tax on materials or supplies exempted by such regulations shall not be included as part of the bid. The Town will furnish the successful Bidder with a valid Certificate 134 sales tax exemption for Municipal Government.

Power of Attorney Attorneys-in-fact who sign contractor bonds must file, with each bond, a certified and effectively dated copy of their power of attorney Subcontractors Each Bidder contemplating the use of any subcontractor shall, if requested and required, submit a list of subcontractors attached to the bid as necessary.

Any Bidder, if requested, shall file with the Town of Roxbury, within five (5) days after the date of bid opening, a complete list of the names and addresses of competent, responsible and qualified subcontractors who are to perform major portions of the work. This in no way restricts or limits the requirement that all subcontractors must be approved by the Town. Subcontractors listed on the Bid Form or those previously approved may not be changed without the approval of the Town of Roxbury. Local subcontractors, material suppliers, and labor in the Town of Roxbury should be considered and sought insofar, as is practical in the performance of this project.

The Bidder shall certify on progress payments that Subcontractor(s) shall be paid at the same percentage for work performed as part of the progress payment and shall be paid in full within a reasonable time of final payment. Failure to pay subcontractors may be a factor in qualification for future work.

Qualification of Bidder In determining the qualifications of a Bidder, the Town may consider their record in the performance of any contracts for similar work into which they may have previously entered; and the Town expressly reserves the right to reject the bid of such Bidder if such record discloses that such Bidder, in the opinion of the Town, has not properly performed such contracts or has habitually, and without just cause, neglected the payment of bills or has otherwise disregarded his obligations to subcontractors, suppliers, state or local codes, men or employees of subcontractors. The Town may make such investigation as they deem necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish the Town with all such information and data for this purpose as the Town may request. The Town reserves the right to reject any bid if the evidence submitted by or the investigation of such Bidder fails to satisfy the Town that such Bidder is properly qualified, or that such Bidder misrepresented material facts in the bid documents.

Qualified Bidders shall be current with any and all taxes and fees along with any and all other payments owed to the Town of Roxbury or its related entities.

Disqualification of Bidders More than one proposal from an individual, firm, partnership, corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such Bidder is interested. Any or all proposals in which such Bidder is interested will be rejected if there is reason for believing that collusion exists among the Bidders and all participants in such collusion will not be considered in future proposals for the same work. Proposals in which the individual prices are obviously unbalanced may be rejected. No Contract will be awarded except to competent Bidders capable of performing the class of work contemplated.

Requested Information Firm Background

(1) Brief history of firm

(2) Description of nature of your practice or your law firm’s practice.

(3) Overall capabilities, qualifications, training and areas of expertise in each of the principals, partners and associates of the law firm, including the length of employment of each person and partners and associates of the law firm, including the length of employment of each person and their area of specialization

(4) Support personnel: number and expertise

(5) Office organization and support capabilities

(6) Office location(s).

(7) Describe malpractice insurance coverage: carriers, limits and exemptions

(8) Statement of any malpractice claims and/or ethics complaints filed against your firm or firm’s attorney(s) over the last five (5) years that involve similar matters as the previously specified scope of services and the status or outcomes of such action. Indicate whether the action is pending or is currently under review by the Statewide Grievance Committee.

(9) List of Municipalities you currently represent and for what type of service.

Attorney Qualifications Identify each attorney and support personnel who will be supplying services for which the town would be billed including:

(1) The name, academic training and degrees

(2) Description of background and experience.

(3) Description of prior and municipal experience including municipalities served in a similar capacity along with dates of such representation.

(4) List of litigation in municipalities where designated attorneys served as lead attorneys and outcomes of litigation over the last five years.

Standard Forms Proposals must be made upon forms contained herein. Bidders may attach a letter of explanation. A notation should be made on the standard bid sheets at the appropriate point to reference a letter of explanation attached. All bids must be NET prices.

Acceptance or Rejection of Proposal The Town of Roxbury reserves the right to accept or reject any or all options, bids or proposals; to waive any technicality in any bid or part thereof, and to accept any bid deemed to be in the best interest of the Town.

Bids may be held by the Town of Roxbury for a period not to exceed sixty (60) days from the opening of bids for the purpose of reviewing the bids and investigating the qualifications of Bidders prior to the awarding of the contract.

The Town of Roxbury reserves the right to accept or reject any bid to best serve in its interests.

The Town will make its award to either the lowest responsive, responsible Bidder or to what it considers to be the Best Value for serving as what is in the Towns best interest.

Previous performance, quality of service and merchandise will be considered as appropriate.

All instructions, general conditions and detail specifications of this request for offers shall be incorporated by reference into any contract or agreement, simply upon notice of an award.

Bid Submissions The following items shall be submitted for a bid to be considered complete:

(1) Executed Hold Harmless

(2) Proposal elements discussed in Section A of this RFP document Withdrawal of Bid Bidders may withdraw their proposals at any time prior to the bid closing date and time. No agent/broker shall withdraw or cancel their proposal for a period of sixty (60) days after the bid closing date and time. The successful agent/broker shall not withdraw, cancel or modify their proposal.

SECTION 3. GENERAL PERFORMANCE EXPECTATIONS

1. Notification of Bid Award Notification of the bid award will be made by issuance of a letter of acceptance which will be evidence of a formal contract of award Good Standing At the time of award the successful Bidder will be required to supply the Town a Certificate of Good Standing, certifying that the corporation is in fact a valid Corporation, Partnership, LLC or Sole Proprietorship and presently licensed to conduct business in the State of Connecticut as per all applicable law or regulations for the work being performed.

Insurance Certificates At the time of award, the successful Bidder will be required to supply the Town Certificates of Insurance, if required, for the full amounts specified in Appendix A.

In addition, Professional Liability insurance will be required for professional firms performing services.

Nondiscrimination in Employment The successful Bidder shall agree and warrant that in the performance of this contract they will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, sex, religion, or national origin in any manner prohibited by State, Federal, County, or Municipal law. If requested and required, a certification of Non-segregated Facilities and a Certification Regarding Equal Employment Opportunity shall be considered a part of this contract.

Delivery Inasmuch as this work concerns a needed public improvement or goods or services, the provisions of this bid relating to the time of delivery, performance and completion of the work are of the essence of this bid. Accordingly, the successful Bidder shall commence work upon receipt of the letter of acceptance unless the Town shall authorize or direct a further delay. Time of delivery shall be stated as the number of calendar days following receipt of the Purchase Order by the Bidder to receipt of the goods or services by the Town of Roxbury. Prices quoted must include delivery to the Town of Roxbury as specified in the Purchase Order. No additional charges will be allowed for cartage unless specifically stated and included in this bid.

Time of delivery may be considered in the award.

Negotiated Changes In the event negotiated changes occur after the awarding of the contract, any policies called for in the original contract will remain in effect.

Payment The Town, after inspection and acceptance of the goods and/or workmanship, and in consideration of the faithful performance by the Bidder of all and singular his covenants, promises, and agreements contained herein, agrees to pay the Bidder for the full completion by him of the work embraced in this Contract, within (30) Thirty Days of the receipt of the final invoice.

Time, in connection with any discount offered, will be computed from the date of delivery to the Town or from the date a correct invoice is received by the Town's Finance Department if the latter date is later than the date of delivery. Prices will be considered as net, if no cash or payment discount is shown.

Unless otherwise instructed, the successful Bidder shall submit invoices to the following:

Town of Roxbury Finance Department PO Box 203 Roxbury, CT 06783 Termination for Default or for the Convenience of the Contracting Agency Performance under any contract resulting from this RFP may be terminated by the Town of Roxbury whenever:

· The Bidder shall default in the performance of his/her contract and shall default within the period specified by the contracting officer in a notice specifying default; or

· The First Selectman or Board of Selectman shall determine that termination is in the best interest of the Town of Roxbury.

· Termination will be affected by delivery to the Bidder of a notice to terminate, stating the date upon which the termination becomes effective.

· In the event of termination of this agreement as a result of a breach by the Bidder hereunder, the Town shall not be liable for any fees and may, at its sole option, award an agreement of the same services to another qualified firm with the best proposal or call for new proposals and award the agreement thereunder. The Bidder shall be responsible for direct and consequential damages because of its breach, including but not limited to, extra costs required under the new agreement of similar services.

APPENDIX A – Insurance Requirements Each successful Bidder shall comply with the following insurance obligations:

· Bidder shall always carry and maintain at the Bidder’s sole expense, on all operations hereunder:

· A Certificate of Insurance for the Limits of Liability stated below should be e-mailed to the First Selectman, as detailed on page 2 of this request. Bidders may not perform any work until all insurance requirements are met.

1. A Comprehensive General Liability Insurance as will protect the Bidder, the Town, and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including accidental or wrongful death, as well as claims for property damages, which may arise from operations under this Contract whether such operations be by the Bidder or by any subcontractor or by anyone directly or indirectly employed by either of them. Liability insurance shall include premises and operations, products, contractual, owners, and contractors protective. The minimum amounts of such insurance shall be as follows:

· Bodily Injury Liability and Property Damage Liability:

$1,000,000 each occurrence $1,000,000 Professional or Errors & Omissions Liability $5,000,000 Excess/Umbrella Liability

· The Town Shall be named as an Additional Insured

2. Worker’s Compensation Insurance and Employer’s Liability for all employees employed at the site and in case any work is sublet, the Bidder shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all employees of the later unless such employees are covered by the protection afforded by the Contractor.

· Workers Compensation:

Statutory Limits

· Employer Liability $1,000,000

3. Comprehensive Auto Liability Insurance:

· Bodily Injury Insurance and Property Damage Insurance covering the operation of all Motor Vehicles owned, hired and/or non-owned by the Bidder, or used by the Bidder in the Prosecution of the work under the Contract, shall be in the minimum of $1,000,000 each occurrence.

All policies relating to this Contract shall be so written so that the Town shall be notified of cancellation or change at least thirty (30) days prior to the effective date for each policy and type of coverage except for nonpayment which shall be ten (10) days prior to the cancellation. Renewal certificate covering the renewal of all policies expiring during the life of the Contract shall be filed with the Town not less than ten (10) days before the expiration of such policies. Failure to do so will result in work stoppage and possible contract cancellation.

APPENDIX B – Hold Harmless Agreement To be signed, notarized and returned with the proposal

To the fullest extent permitted by law, the undersigned Bidder shall defend, indemnify and Hold Harmless the Town of Roxbury, it’s affiliated entities, and their employees and agents (collectively “the indemnified parties”) , with respect to all losses, damages, fines, penalties, costs and expenses and liabilities, including, but not limited to, costs and expenses of defending against any of the foregoing, arising from any claim, suit or action in which it is alleged or determined that any injury to or death of any person, or damage or destruction to the property of any person caused, in whole or part by : (i) the acts or omissions, whether negligent, willful or otherwise, of Bidder, it’s employees or agents; (ii) the violation of any statute, rule, ordinance or regulation, by Bidder, it’s employees or agents; or (iii) Bidders agents or employees performance of, non-performance of, or failure to properly perform, its obligations and duties under this contract.

The forgoing obligations to defend and indemnify shall apply regardless of any allegation or determination that an Indemnified Party caused or contributed to, or was liable for, in whole or in part, the death, injuries or damages alleged. Bidder hereby acknowledges its assumption of full and complete responsibility and liability for losses, claims, suits, actions, damages, fines, penalties, costs, expenses and liabilities arising from any of the causes listed herein above, even in cases where the Bidders assumption of such responsibility and liability involves the defense and indemnification of an Indemnified Party from the consequences of its own alleged negligence. Bidder hereby agrees that no condition precedent to its obligations to defend and indemnify stated herein, whether by way of notice or otherwise, exists or shall constitute a defense to such obligations.

IN WITNESS WHEREOF, the parties hereto have set their hand and seal this:

Printed Authorized Company Representative

Signed, Sealed and Delivered in the Presence of:

Printed Notary Public

APPENDIX C – Bidder General Information Sheet Please use this or include in the proposal

Company Name:

Address:

Contact Name:

Contact Email:

Telephone:

Years in Business:

References – Connecticut Municipalities Preferred

Organization:

Contact Name:

Contact Email:

Contact Phone:

Services Provided:

Organization:

Contact Name:

Contact Email:

Contact Phone:

Services Provided:

Organization:

Contact Name:

Contact Email:

Contact Phone:

Services Provided:

APPENDIX D – PROPOSAL Form image2.jpeg image3.jpeg image1.tiff