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C:\Users\delucs\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MLOKI9I7\NC Legal Services-Draft 1-19-24.doc January 22, 2024 Request for Proposal (RFP) The Office of the First Selectman for the Town of New Canaan, Connecticut, will receive sealed proposals for “Town Attorney - Legal Services” until 3:00 P.M. Local Time on February 22, 2024, at the Office of the First Selectman, Town Hall – Second Floor, 77 Main Street, New Canaan, CT, 06840. RFP documents are available at the Office of the First Selectman, TOWN OF NEW CANAAN, Town Hall, 77 Main Street, New Canaan, Connecticut 06840 and on the Town website, www.newcanaan.info The Town reserves the right to reject any and all proposals or any part thereof, to waive defects in the same, or to accept any proposal or any part thereof deemed to be in the best interest of the Town of New Canaan, Connecticut. All proposers are requested to note that the award

of this Contract is subject to the following conditions and contingencies: • The approval of such governmental agencies as may be required by law. • The appropriation of adequate funds by the proper agencies. DIONNA CARLSON FIRST SELECTMAN TOWN OF NEW CANAAN, CONNECTICUT Town of New Canaan, CT Request for Proposals For Town Attorney Legal Services Request for Proposal Issued: January 22, 2024 Proposals Due: February 22, 2024 2 Town of New Canaan Request for Proposals (RFP) Town Attorney – Legal Services Section I. Scope of RFP The Town of New Canaan, Connecticut (“Town”) seeks proposals from qualified law firms and individual attorneys wishing to provide legal services to the Town. The services sought include the traditional wide array of legal services needed by a municipality. The major areas of expertise sought by the Town include the following (not necessarily in order of importance): • Municipal law and State Statutes • Land Use, including Planning and Zoning and Inland Wetlands • Administrative Law • Town Charter and Ordinances • Public Contract Bidding, Drafting and Administration • Collective Bargaining Agreements and Arbitration • Tax Assessment, Collection and Appeals • Real Estate, including Eminent Domain and Easements • Employment Law and Human Resources • Criminal Law – Police Department • Freedom of Information Act • Municipal Bonds and Issuance of Debt The retained attorneys or law firms are expected to have litigation experience and capability in all requisite areas of their engagement, from commencement (as either a Plaintiff or Defendant) through the final appellate process. Such litigation would include, but not be limited to: 1. Representation of Town boards and commissions, either as a plaintiff or as a defendant, in administrative appeals and all related lawsuits. 2. Contract litigation. 3. Town representation in third-party lawsuits. 4. Cooperating as required with defense counsel retained by the Town’s insurance provider. Board of Education legal matters are not included in the RFP for Town Attorney. 3 Section II. Town Attorney Reporting The law firms or individual attorneys engaged pursuant to this RFP will report directly to the First Selectman, the Chief Executive Officer of the Town. In performing their duties, the firms or individual attorneys will work primarily with the Town Administrative Officer, in addition to working collaboratively with the heads of the various Town bodies and department heads and their respective staffs. Section III. RFP Procedure 1. Form of Proposal and Submission - All proposals shall be received prior to 3:00 P.M. on February 22, 2024. Please deliver a signed original and six hard copies of your response to the RFP to the address shown below and also send an electronic copy to the Office of the First Selectman, in care of Pam Flynn at pam.flynn@newcanaanct.gov. The Office of the First Selectman Town Hall – Second Floor 77 Main Street New Canaan, CT 06840 Section V, below, “Respondent’s Required Information” lists the information that must be included in the proposals. All proposals that are received after the deadline, or do not contain the required information, may be rejected. During the RFP response evaluation process, the Town may request additional information or clarifications from proposers and may request meetings or interviews. 2. Questions - All questions should be directed to: Mr. Thomas Stadler. You may either call Mr. Stadler at (203) 598-8479 or e-mail him at tom.stadler@newcanaanct.gov. 3. Return of Proposal - All proposals submitted will become the property of the Town once received. 4. Confidentiality - If Respondent believes that any information in its proposal should be treated as confidential, that material shall be clearly marked. The Town shall endeavor to protect confidential material from disclosure to non- Town personnel to the extent required by state or federal law. RFP responses will only be available to those employees and non-employees appointed to the evaluation process by the First Selectman. In no event will the Town be responsible for the inadvertent disclosure of your response to this RFP. mailto:pam.flynn@newcanaanct.gov mailto:tom.stadler@newcanaanct.gov 4 5. Contract - The selected Respondent or Respondents will be required to execute a contract for legal services that will include provisions covering: a. The substantive elements of this RFP and Respondent’s proposal. b. The scope of legal services. c. Compliance with the Attorney Code of Ethics. d. Insurance (see Attachment 1). e. Fees for legal services and the billing rates for support services and expenses. f. Non-discrimination. g. Engagement for a term of two years, with opportunities for both the Town and the Town Attorney to terminate the relationship without cause, but with reasonable notice. The performance and compensation of the Town Attorney will be reviewed annually after the initial two-year appointment. 6. Evaluation Criteria - Proposal evaluation criteria include: a. Demonstrated quality of legal services provided by the firm and individual attorneys to be assigned to the Town, as evidenced by references, past experience, interviews, presentations, and materials submitted. b. Fee structure, including cost containment measures, and disclosure of billing rates for expenses and related support services. c. Certification that there are no known conflicts of interest that will prevent the Respondent from fully and vigorously representing the Town. d. Personal availability of Respondent to answer questions and provide legal counsel in a timely manner to Town officials, whether by staffing an office at Town Hall, or by being readily available by telephone or other electronic device. e. Commitment of Respondent to attend meetings of Town bodies where legal advice is required, including meetings of various boards, commissions, committees or other ad hoc entities. f. Respondent’s process for reviewing all legal documents and developments in cooperation with the Administrative Officer, and assisting in the timely communication of any material changes in the status, risk exposure or need for prompt action to the First Selectman and other appropriate Town officials. 7. Start Date - The Town anticipates conducting interviews with a select number of Respondents at the conclusion of the initial evaluation process. A final selection of a Town Attorney, and possibly other lawyers and law firms to provide specialized legal services, should be made by June 1, 2024 with an anticipated start date for engagement on or about July 1, 2024. 5 Section IV. Respondent Obligations All Respondents: 1. Must comply with all applicable laws and regulations governing the provision of legal services in the State of Connecticut. 2. Must be licensed by the Connecticut State Bar and be in good standing. 3. Must comply with all non-discrimination laws, rules and regulations. 4. Are required to return the notarized statement shown in Attachment 2, as well as the Certification in Section V. item 8 of this RFP. Section V. Respondent’s Required Information 1. Attorney or Firm Name. 2. Proposal Contact Person - Include mailing address, telephone and cellphone numbers and e-mail address. 3. Office Location - Provide the physical location of all law offices from which attorneys will be assigned to serve the Town, as well as a listing of all attorneys and support staff permanently assigned to each such office. 4. Statement of Services Proposed - Identify clearly and in detail all areas of legal services you propose to offer as a Respondent. Conversely, clearly identify all legal areas for which you do not wish to be considered. Describe in detail the approach and philosophy that determine your delivery of legal services to the Town. Of importance is how the Respondent will provide qualified backup counsel and other resources for those given primary responsibility for Town legal matters. 5. Resumes - Provide a detailed professional resume for the firm and for each attorney who will be assigned to work on Town matters. 6. References - Identify the types of legal services Respondent (a) provided to municipal clients within the past five years, and (b) is currently providing to clients with needs that are similar to those you are proposing to the Town. Include the name, position and contact number of a reference at each such client. 7. Fees and Expenses - Provide a detailed listing of the billing rate or rates for the Town Attorney and all attorneys to be assigned to Town matters. This listing should include rates for all personnel providing direct legal 6 services as well as all support personnel. List separately the unit cost for all expenses for which you will seek reimbursement or compensation from the Town. Please give special attention to suggestions or recommendations for managing and controlling the cost of legal services to the Town, including fixed fee or other legal expense caps. The Town is interested in receiving innovative cost containment proposals and suggestions for Town Attorney services. This should include any proposals for review and improvement of current Town procedures or processes, quality control measures, the manner in which specialists will be retained, and any other suggestions regarding the function of Town Attorney and cost containment measurements. The Town also wants to know how Respondent will manage the use of associates and paralegals in a cost effective and efficient manner. 8. Certification - Every respondent to this RFP is required to submit as part of the proposal the following conflict of interest certification: The party submitting this bid to or entering into this proposed transaction with the Town certifies that no payment, gift or thing of value of any kind was given or promised to or received by any person holding office or employment with the Town for the purpose of gaining acceptance of this bid or bringing about this transaction. A false certification of the matters herein shall void this bid and shall be deemed a material breach of any contract covering this transaction. Certified by (name): ____________________________ Firm: _______________________________________ Date: ___________________________ 9. Notary Certificate - Please include in your submission an executed original of the Notary Certificate in Attachment 2. [END of RFP] [ATTACHMENTS 1 and 2 FOLLOW] 7 ATTACHMENT 1 REQUIRED INSURANCE PROVISIONS AND COVERAGE The successful attorney(s) shall be required to furnish to the Town a certificate of insurance showing the following coverage within ten (10) days from notification of an engagement under this RFP. Insurance coverage shall remain in full force for the duration of the contract term, including any and all extensions. All renewal certificates shall be furnished at least ten (10) days prior to policy expiration. • Commercial General Liability issued by an insurance company licensed to conduct business in the State of Connecticut in the amount of $5,000,000 combined single limit per occurrence for bodily injury, personal injury or property damage. • Automobile Liability Insurance with $1,000,000 combined single limit per accident for bodily injury and property damage. • Umbrella Liability of $1,000,000 per occurrence must be provided. • Errors and Omissions Professional Policy with limits of $10,000,000 per claim with a $10,000,000 aggregate. Any change to the legal firm’s policy or carrier from year to year will include “Full Prior Acts” coverage. • Workers Compensation Insurance in accordance with Connecticut State Statutes. • The Town of New Canaan and its respective officers, agents, officials, employees, volunteers, boards and commissions shall be named as Additional Insureds on the General Liability, Automobile Liability and Umbrella Liability insurance coverage. THE UNDERLINED WORDING MUST BE SHOWN IN THE SPACE PROVIDED FOR “COMMENTS” ON THE INSURANCE CERTIFICATE. 8 ATTACHMENT 2 RESPONDENT’S NOTARY CERTIFICATE State of Connecticut County of Fairfield _________________________________, being first duly sworn, deposes and says that: 1. I am the _________________, of _______________________, the Respondent submitting the attached proposal to the Town of New Canaan. 2. I am fully informed respecting the preparation and contents of the attached proposal. 3. All of the information provided in the attached proposal is true and accurate to the best of my knowledge and belief. 4. I understand that the Town of New Canaan will rely on the truth and accuracy of the information provided herein in evaluating the attached proposal. ___________________________________ Signature SUBSCRIBED AND SWORN TO before me this ___ day of _____________, 2024 ___________________________________ Notary Public My Commission Expires: