Town of Duxbury, Massachusetts

REQUEST FOR PROPOSALS:

TOWN COUNSEL SERVICES

1.

Objective

The Town of Duxbury, Massachusetts, acting through its Board of Selectmen is seeking proposals from highly qualified attorneys or law firms to provide professional legal services. Each proposer shall designate an individual to serve as Town Counsel. The appointment of Town Counsel shall not confer any employment rights or benefits. All proposers should meet or exceed the qualifications stated herein and, in general, should be readily accessible to authorized public officials, exceptionally experienced in municipal law, scrupulous in adhering to required standards of professional conduct and ethics, and committed to rendering sound legal advice with suitable objectivity and professional detachment. While the Town seeks to encourage competition and evaluate proposers on a uniform basis, this solicitation is not governed by Massachusetts General Laws Chapter 30B. As a result, the Town retains complete discretion in the manner in which the proposals shall be evaluated and services awarded 2. Municipality

The Town of Duxbury is located approximately 33 miles southeast of Boston, has a population of about 14,541 residents and a total land area of 37 plus square miles including 14 square miles of water. Duxbury Beach features a 6 mile stretch of coastline. The Town is predominantly residential with few small, vibrant commercial areas. The Town approved a budget of $57.8 million for fiscal 2012 and maintains a AAA Standard and Poor credit rating. At present there are several large public construction projects in the works including a new co-located high school and middle school, a new police station and an addition to the fire station. Town government functions under a Board of Selectmen and Town Manager with an open Town Meeting. The Town Clerk, Board of Assessors and Planning Boards are elected positions while the Zoning Board of Appeals, Conservation Commission and Finance Committee are appointed. Municipal services are managed through a group of professionally trained managers and rendered by dedicated employees. The Towns decision making process is highly participatory and consensus driven. The Town takes great advantage of the willingness of citizens with advanced knowledge and experience in many professional and technical fields to contribute to their community on volunteer boards, committees and task forces. Proposers are encouraged to learn more about the Town of Duxbury through its municipal website and local publications.

3.

Minimum Qualifications A. Bar Admissions

The proposer and all those who serve as back-up to the proposer (see below) must be a member in good standing of the Massachusetts Bar and of the Federal Bar for the District of Massachusetts. Town Counsel must have Professional Liability Insurance in the amount of at least $1,000,000. B. Experience

The proposer must represent or have represented as general town counsel a Massachusetts municipality for not less than five (5) years, or possess equivalent experience. References for all municipalities currently represented or represented in the past ten years by the proposer must be furnished. The proposer should have substantial experience in most areas of municipal law, including but not limited to zoning and planning, conflict of interest, public construction, public contracts, environmental law, municipal finance, labor relations, litigation and open town meeting. C. Accessibility/Accountability

The proposer must commit to responding to all communications from the Board of Selectmen and Town Manager either himself/herself or through a qualified back up within 24 hours of the communication. The proposer must also commit, as a general rule, to responding to requests for written opinions within one week unless the circumstances of the opinion warrant a shorter or longer time frame for a response. And, the proposer must commit to preparing a monthly written summary of all open issues at no cost to the Town. D. Back-up

The proposer must have within his or her firm or through an established of counsel relationship at least one other qualified attorney available to render advice and otherwise represent the interests of the Town of Duxbury when the proposer is unavailable. In this context, qualified attorney shall mean another lawyer who substantially meets the minimum qualifications set forth herein for the proposer. E. Billing

The proposer must commit to providing statements for services rendered on a monthly basis. Each statement, if based on an hourly rate for services, must disclose, at a minimum, the date of the service, the identity of the lawyer or staff person performing the service, the subject matter reference for the service, a description of the service performed, the time it took to perform that function, and the hourly rate for the individual performing the function. Expense items if any, must also be itemized. The Board of Selectmen would be pleased to consider alternatives to the traditional hourly rate fee arrangement with counsel. As but one example, responding attorneys may propose a fixed retainer for a specified scope of services, with an hourly rate for work outside the established scope of services. Proposers should feel free to be creative in this regard so long as the proposal is workable and reasonable. Whether or not an alternative fee arrangement is proposed, the attached fees and expenses response sheet must be completely filled out.

4.

Selection Process and Schedule

The Town Counsel Search Committee is responsible for issuing this RFP and identifying finalists for the Board of Selectmens consideration. During this process it is likely that an interview process will be developed for proposers to meet with the search committee, the Town Manager and other key staff. During the Selectmens consideration, the proposers identified as finalists will interview with the Selectmen during an open meeting. It is expected this process will conclude on or around December 3, 2012. As stated above, in seeking Town Counsel, the Board of Selectmen is not bound by M.G.L. c. 30B or by any other constraints apart from the sound judgment of its members. This process is being used to communicate the desired qualifications of Town Counsel and to solicit information in an orderly fashion for rough comparative purposes. Ultimately, though, the Board of Selectmen will select the candidate that they deem to be in the best interests of the Town, in its sole discretion. Consequently, the Board of Selectmen and the Town of Duxbury reserve the right to waive any irregularities in the RFP process and to accept or reject any or all proposals. Below are the projected dated for this process. The Town reserves the right to modify this schedule as it determines convenient. September 12, 2012 October 17, 2012 Late October to early November Mid November December 3, 2102 RFP issued Proposals due by 3:00 PM Search Committee evaluation process Board of Selectmen interviews of finalists Board of Selectmens decision

5.

Application

Qualified attorneys or law firms interested in responding to this RFP should fill out the attached forms completely, attach copies of all documents requested therein, and return the same in an envelope labeled Town Counsel RFP to:

Duxbury Board of Selectmen c/o Richard R. MacDonald, Town Manager 878 Tremont Street Duxbury, MA 02332

Please provide 8 hard copies of the RFP response and all associated documentation on 8 x 11 paper along with one digital copy. All responses to this RFP must be received at the above address no later than 3:00 PM October17, 2012

RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL

Name:___________________________________________ Firm Name:_______________________________________ Address:__________________________________________ ___________________________________________ Telephone:_________________________________________ Fax No.:___________________________________________ Email:_____________________________________________

BBO#__________________________

Please respond to each of the following, using separate pages as necessary: 1. Please identify by name (and BBO #, address and phone number if different than above) the proposed Town Counsel and each proposed back-up counsel:

2.

Please attach resumes or curriculum vitae for each attorney identified above.

3.

Do each of the attorneys identified above meet the minimum bar admission requirements of the RFP? If other than yes, please explain.

4.

With respect to each attorney identified, please list each and every Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address and phone number of at least one contact person in each municipality with knowledge of the attorneys representation.

5.

Please describe each identified attorneys experience in municipal law.

6.

Please describe how you propose to satisfy the Accessibility requirements of the RFP.

7.

Please describe how you propose to satisfy the Back-up requirements of the RFP.

8.

Please describe your proposed rate and billing structure.

9.

Are there any factors that would prevent you from attending every session of Annual and Special Town Meetings or an occasional Board of Selectmens Meeting on Monday evenings?

10.

Please advise how you would provide legal consultation and advice to all boards, officers and employees as may be authorized by the Board of Selectmen or their designee?

11.

Would you be available to review and approve as to form and content all contracts to which the Town is a party?

12.

Would you conduct or oversee all litigation, including administrative proceedings, in which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the towns insurance carriers?

13.

How would you be able to provide training to town employees and Boards commissions and committees in such topics as Open Meeting Law, Public Records law, and requirements for calling Executive Sessions for example?

14.

Please identify any past or current clients that may give occasion to a conflict of interest to arise as a result of representing the Town of Duxbury.

By my signature, I certify that the information contained in this Response to Request for Proposals is complete and accurate, to the best of my knowledge and belief.

Signed:________________________________

Date:____________________________

RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL Fees and Expenses Response Sheet (To be attached to and made a part of the overall Response to Request for Proposals)

1.

Please list the name and hourly rate for proposed town Counsel and for each attorney intended or likely to serve as back-up:

2.

If you propose to bill for services provided by paralegals, clerical staff, or other non-attorney personnel, please list by title and by hourly rate each position for which you may bill:

3.

Please provide a complete listing of all charges for out-of-pocket expenses you intend to impose as incurred (i.e. any and all copy charges, telephone charges, fax charges, mileage charges and the like, but excluding any fees for stenographers, court fees, service fees and the like):

4.

In what hourly increments do you intend to bill?

5.

Do you bill attorney time out of the office on a portal-to-portal basis or some other basis? Please describe:

6.

Do you intend to propose an alternative fee arrangement? Yes_____ No_____ If yes please attach additional sheet(s) fully describing and explaining your proposal.

Attachment A Municipal Law Experience Checklist Rate your experience in the following areas of municipal law using the scale below 1. 2. 3. 4. 5. No experience Limited experience Moderate experience Advanced experience Extensive experience

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____

Zoning G.L. c. 40A Chapter 40B Affordable Housing Chapter Lands G.L. c. 61, 61A, 61B (and rights of first refusal) Education G. L. c. 70, 71, 72, 74, 76 Community Preservation Act G.L. c. 44B Municipal Finance Liquor Licensing Conduct of Open Town Meeting Subdivision Control Law Public Bidding and Construction Law Internal Investigations within Municipality Land Acquisitions by Municipality Open Meeting Law Conflict of Interest Law Wetlands Regulation (State and Local) Oil & Hazardous Waste Contamination G.L. c. 21E

Attachment B Statement of Litigation Experience

Rate Your Experience Practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. 2. 3. 4. 5.

No experience Limited experience Moderate experience Advanced experience Extensive experience

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____

Trials before State Courts (District, Superior, Land Courts) Trials before Federal District Courts Appeals before Massachusetts Appeals Court Appeals before Massachusetts Supreme Judicial Court Administrative Proceedings before Massachusetts Civil Service Commission Arbitration Proceedings Mediation Proceedings Administrative Proceedings before Massachusetts Appellate Tax Board Administrative Proceedings before Massachusetts Department of Environmental Protection Administrative Proceedings before the ABCC Administrative Proceedings before the Housing Appeals Committee Administrative Proceedings before Division of administrative Law Appeals

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