SVBWM Legal Counsel RFP.docx

SCHUYLERVILLE–VICTORY BOARD OF WATER MANAGEMENT

REQUEST FOR PROPOSALS

GENERAL LEGAL COUNSEL SERVICES

RFP Issue Date: September 23, 2026 Proposal Due Date: Monday October 19th at 4 pm Anticipated Appointment: October 19th unless interviews are required

1. PURPOSE

The Schuylerville–Victory Board of Water Management ("SVBOWM" or "Board") invites proposals from qualified attorneys and law firms interested in serving as General Legal Counsel to the Schuylerville–Victory Board of Water Management.

The Board seeks counsel with experience in New York municipal law, intermunicipal agreements, public water systems, governmental contracting, regulatory compliance, public infrastructure, and related matters.

The Board's objective is to establish an ongoing relationship with an attorney or law firm capable of providing timely and practical legal guidance to the Board, its Chair, officers, clerk, and other authorized representatives.

The Board prefers to compensate General Counsel through a fixed monthly retainer covering ordinary and recurring legal services rather than through routine hourly billing.

2. BACKGROUND

The Schuylerville–Victory Board of Water Management administers the Joint Water System serving the Village of Schuylerville and Village of Victory in Saratoga County, New York.

The Board operates pursuant to an Intermunicipal Agreement between the Village of Schuylerville and Village of Victory and is responsible for the management and operation of the Joint Water System.

The Board consists of representatives appointed by the participating villages and conducts regular public meetings concerning the financial, operational, regulatory, administrative, and capital needs of the water system.

The Joint Water System includes water treatment facilities, wells, water mains, distribution infrastructure, water storage facilities, service connections, hydrants, valves, meters, and related infrastructure serving customers within the participating villages and certain outside users.

3. SCOPE OF SERVICES

General Counsel will be expected to provide legal services to the Board as requested and authorized, including, but not necessarily limited to, the following.

A. General Municipal Counsel

· Advise the Board concerning New York State municipal law applicable to its operations.

· Interpret and advise the Board concerning the Schuylerville–Victory Intermunicipal Agreement.

· Advise concerning the powers, responsibilities, and limitations of the Board and the respective roles of the participating villages.

· Provide legal guidance to the Chair, Board members, clerk, treasurer, and other authorized representatives.

· Prepare or review resolutions, agreements, policies, notices, correspondence, and other governmental documents.

· Advise the Board concerning conflicts of interest, ethics requirements, and other municipal governance issues.

B. Board Meetings and Governance

· Attend regular or special Board meetings when requested.

· Provide legal guidance regarding Board procedures and governmental decision-making.

· Advise concerning executive sessions and other meeting-related legal matters.

· Review proposed Board actions when legal review is warranted.

· Assist with the development or revision of Board policies, rules, regulations, and procedures.

Routine attendance at regular Board meetings should be included within the proposed monthly retainer unless specifically identified otherwise in the proposal.

C. Intermunicipal Agreement and Village Relations

· Interpret the existing Intermunicipal Agreement.

· Advise regarding responsibilities allocated between the Board, Village of Schuylerville, and Village of Victory.

· Assist with amendments to the Intermunicipal Agreement when appropriate.

· Advise concerning allocation of expenses, ownership, operation, maintenance, capital improvements, and related responsibilities.

· Assist in resolving questions or disputes involving the participating municipalities.

D. Water System and Regulatory Matters Provide advice concerning federal, New York State, and local legal requirements affecting a municipal drinking water system, including matters involving:

· New York State Department of Health;

· New York State Department of Environmental Conservation;

· United States Environmental Protection Agency;

· drinking water standards;

· Annual Water Quality Reports;

· water withdrawal requirements;

· lead and galvanized service line identification and replacement;

· Lead Service Line Inventory requirements;

· PFAS and other emerging contaminants;

· public notification requirements;

· water sampling and testing;

· regulatory enforcement or compliance matters; and

· other drinking-water-related mandates.

Counsel should be capable of working cooperatively with the Board's water system operators, engineers, grant consultants, and other professional advisors.

E. Water Service and Customer Matters Advise the Board regarding:

· water service connections;

· service line responsibilities;

· curb stops and meters;

· inside and outside water users;

· water service extensions;

· property classifications for billing purposes;

· water rates, fees, assessments, and charges;

· unpaid water charges;

· easements and rights-of-way;

· access to private property when necessary for water-system purposes;

· discontinuance or restoration of service;

· damage claims;

· customer disputes; and

· interpretation or enforcement of applicable water regulations.

F. Contracts and Procurement

· Review and prepare contracts for professional services, equipment, materials, construction, maintenance, and other Board purposes.

· Advise the Board regarding applicable procurement requirements and policies.

· Review requests for proposals, requests for qualifications, bid specifications, contract awards, and related procurement documents when requested.

· Assist the Board in addressing contractor or vendor performance issues.

· Review contracts involving engineers, operators, consultants, laboratories, contractors, suppliers, and other service providers.

· Advise regarding change orders, contract amendments, claims, defaults, and termination issues.

G. Capital Projects and Infrastructure Provide legal advice related to:

· water treatment plant improvements;

· water main extensions and replacements;

· pump and well projects;

· lead service line replacement projects;

· water storage facilities;

· treatment equipment;

· distribution-system improvements;

· easement acquisition;

· property acquisition;

· construction contracts;

· engineering agreements;

· public works requirements;

· project financing; and

· intermunicipal infrastructure projects.

H. Grants and Project Funding Provide legal assistance, when necessary, concerning water-system funding and grant programs, including coordination with engineers and grant consultants regarding:

· Environmental Facilities Corporation funding;

· Community Development Block Grant funding;

· state and federal infrastructure programs;

· grant agreements;

· project certifications;

· municipal authorizations; and

· other financing or funding requirements.

Specialized bond counsel services may be excluded from the monthly retainer and separately identified by the proposer.

I. Claims, Disputes, and Litigation

· Provide preliminary evaluation of claims made by or against the Board.

· Assist in responding to notices, demands, administrative proceedings, or threatened litigation.

· Coordinate with insurance carriers and insurance counsel when appropriate.

· Represent the Board in negotiations and dispute resolution when authorized.

· Provide litigation services when specifically authorized by the Board.

The proposer may identify extraordinary litigation as a service outside the monthly retainer. Any such work must be separately authorized by the Board before substantial additional fees are incurred.

4. EXPECTED AVAILABILITY

General Counsel must be reasonably available to the Board and its authorized representatives by telephone and email.

The Board expects routine legal questions to receive timely acknowledgment and, when reasonably possible, substantive guidance without unnecessary delay.

The attorney principally assigned to the Board should have sufficient availability to respond to urgent matters involving water service, infrastructure failures, regulatory issues, contracts, or other time-sensitive municipal matters.

5. MINIMUM QUALIFICATIONS

Proposals should demonstrate that the attorney or firm:

1. Is authorized to practice law in the State of New York and is in good standing.

2. Has substantial experience in municipal, governmental, or public-sector law.

3. Has experience representing municipalities, municipal boards, public water systems, special districts, authorities, intermunicipal entities, or comparable governmental organizations.

4. Has knowledge of New York municipal contracting and procurement requirements.

5. Has experience interpreting intermunicipal agreements or similar governmental agreements.

6. Has familiarity with laws and regulations affecting public drinking water systems or demonstrates the ability to competently advise the Board regarding such matters.

7. Maintains appropriate professional liability insurance.

Experience working with small municipalities and providing practical, cost-conscious legal advice will be considered particularly valuable.

6. PROPOSAL REQUIREMENTS

Proposals should be concise but provide sufficient information for the Board to evaluate the attorney or firm.

Each proposal should include:

A. Firm Information

· Name of attorney or law firm;

· business address;

· telephone number;

· email address;

· year established, if applicable; and

· general description of the practice.

B. Assigned Attorney Identify the attorney who would serve as primary General Counsel to the Board.

Include:

· professional background;

· years admitted to practice;

· municipal-law experience;

· water or utility experience;

· intermunicipal experience; and

· other qualifications relevant to this engagement.

If additional attorneys may perform work for the Board, identify those attorneys and their anticipated roles.

C. Relevant Experience Describe experience representing:

· villages, towns, cities, counties, or other municipalities;

· municipal water systems or water districts;

· intermunicipal boards or agencies;

· public infrastructure projects;

· regulatory matters;

· municipal procurement; and

· governmental boards.

D. References Provide at least three professional references, preferably from current or former municipal or governmental clients.

Include:

· governmental entity;

· contact person;

· title;

· telephone number; and

· email address.

E. Conflicts Disclosure Identify any current or prior representation that could create an actual or potential conflict of interest involving:

· the Village of Schuylerville;

· the Village of Victory;

· the Schuylerville–Victory Board of Water Management;

· current Board members in their governmental capacities;

· significant contractors or consultants regularly working with the Board; or

· other entities reasonably likely to create a conflict.

The selected attorney or firm will be expected to promptly disclose future conflicts should they arise.

F. Insurance Provide evidence of professional liability insurance or state the level of coverage maintained by the attorney or firm.

7. COMPENSATION PROPOSAL

The Board is seeking a predictable fixed-cost arrangement for routine General Counsel services.

The proposer shall identify a proposed fixed monthly retainer.

The monthly retainer should clearly identify the services included and should, at a minimum, address whether the following are included:

· routine telephone consultations;

· routine email consultations;

· review and drafting of resolutions;

· review of ordinary agreements and contracts;

· preparation of routine legal correspondence;

· consultation with Board officers and staff;

· attendance at regular Board meetings when requested;

· consultation regarding procurement and regulatory matters; and

· routine legal research necessary to advise the Board.

The Board does not intend to select General Counsel based upon a model in which ordinary day-to-day legal services are predominantly billed by the hour.

If the proposer recommends that extraordinary matters be excluded from the retainer, those exclusions must be clearly identified.

Examples may include:

· substantial litigation;

· Article 78 proceedings;

· complex administrative proceedings;

· major real estate transactions;

· bond counsel services;

· extensive labor litigation; or

· other unusually time-intensive matters.

For any proposed excluded service, the proposer shall identify the proposed method of compensation.

No extraordinary legal work outside the agreed retainer shall be undertaken without prior authorization from the Board or an authorized Board representative, except where immediate action is reasonably necessary to protect the Board's legal interests.

The Board encourages proposers to recommend a retainer structure that provides the greatest possible degree of budget certainty.

8. EVALUATION CRITERIA

The Board may consider the following factors in selecting General Counsel:

· municipal-law experience;

· experience with municipal water systems;

· experience with intermunicipal organizations;

· familiarity with state and federal water regulations;

· procurement and contracting experience;

· quality and depth of the proposed attorney or legal team;

· responsiveness and availability;

· references and demonstrated quality of prior work;

· absence of significant conflicts of interest;

· proposed monthly retainer;

· services included within the retainer;

· cost of services excluded from the retainer; and

· overall value to the Schuylerville–Victory Board of Water Management.

The Board is not obligated to select the proposal containing the lowest proposed fee.

Qualifications, experience, responsiveness, scope of services, and overall value may be given greater weight than price alone.

9. INTERVIEWS

The Board reserves the right to interview one or more proposers before making an appointment.

If interviews are conducted, the Board may request additional information regarding experience, availability, conflicts, proposed compensation, or the manner in which legal services would be delivered.

10. TERM OF APPOINTMENT

The anticipated initial term of appointment will be one year, beginning on a date established by the Board.

The appointment may thereafter be renewed or extended upon mutual agreement and appropriate Board authorization.

The Board reserves the right to terminate the appointment in accordance with the engagement agreement and applicable law.

11. RESERVATION OF RIGHTS

The Schuylerville–Victory Board of Water Management reserves the right to:

· reject any or all proposals;

· waive minor irregularities or informalities;

· request clarification or additional information;

· negotiate with one or more proposers;

· conduct interviews;

· modify the anticipated scope of services;

· select the proposal determined to provide the best overall value;

· decline to make an appointment as a result of this RFP; and

· take any other action determined to be in the best interests of the Joint Water System consistent with applicable law and procurement requirements.

Costs incurred in preparing or submitting a proposal are the responsibility of the proposer.

12. PUBLIC RECORDS

Proposers should be aware that materials submitted to a governmental entity may be subject to disclosure under applicable New York State law.

A proposer claiming that specific information is confidential or exempt from disclosure should clearly identify that information and provide the legal basis for the requested treatment.

The Board makes no representation that materials identified by a proposer as confidential will necessarily be exempt from disclosure.

13. QUESTIONS REGARDING THE RFP

Questions concerning this RFP shall be submitted to:

Schuylerville–Victory Board of Water Management Attn: Water Board Clerk svbowm1@yahoo.com Questions should be submitted no later than:

10-13-2026 Responses or clarifications determined by the Board to materially affect the RFP may be provided to all known proposers.

14. SUBMISSION OF PROPOSALS

Proposals must be received no later than:

October 19th at 4pm Proposals may be submitted electronically to:

Svbowm1@yahoo.com Subject line:

RFP – Schuylerville–Victory Board of Water Management General Legal Counsel Alternatively, if hard-copy submissions are permitted:

Schuylerville–Victory Board of Water Management Attn: Water Board Clerk 35 Spring Street Schuylerville, NY 12871 Late proposals may be rejected.

15. ANTICIPATED SELECTION PROCESS

The anticipated process is:

RFP Issued:09-23-2026 Deadline for Questions: 10-13-2026 Proposals Due: 10-19-2026 4 pm Interviews, if necessary: 10-20-2026 to 10-23-2026 Board Consideration/Selection: 10-19-2026 Anticipated Commencement of Services: immediately The Board reserves the right to modify this schedule.

16. ENGAGEMENT AGREEMENT

The successful proposer will be required to enter into an engagement agreement acceptable to the Schuylerville–Victory Board of Water Management.

The engagement agreement shall incorporate the compensation structure accepted by the Board and shall clearly identify:

· services included within the monthly retainer;

· any specifically excluded services;

· procedures for authorization of additional work;

· any additional rates or fees approved by the Board;

· billing and reporting requirements;

· conflict-of-interest obligations;

· insurance requirements;

· termination provisions; and

· other terms mutually agreed upon by the parties.