TOWN HALL 238 Danbury Road Wilton, CT Telephone (203) Request for Proposal Town Counsel

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1 TOWN HALL 238 Danbury Road Wilton, CT Telephone (203) Request for Proposal Town Counsel The Town of Wilton, CT, ( Town ) is requesting proposals from qualified attorneys ( Respondent ) interested in serving as Town Counsel, an appointed officer of the Town in accordance with C-44(A) of the Town Charter. As Town Counsel, the appointed attorney will serve as the Chief Legal Officer of the Town and as general counsel to the Board of Selectmen. The attorney appointed Town Counsel will be an independent contractor and not an employee of the Town. The appointed attorney is responsible for all costs associated with maintaining his/her bar admission and ability to provide legal services in the State and Federal Courts in Connecticut, including the U.S. Court of Appeals for the Second Circuit. The appointed individual must provide their own malpractice insurance. The Town will not reimburse attorneys for any expenses incurred in preparing proposals for this request. To be considered, nine copies of the proposal must be received in a sealed package by the First Selectman s Office, Town of Wilton, 238 Danbury Road, Wilton, CT by 4:30 PM on Friday, September 2, The Town reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by a Legal Review Panel appointed by the First Selectman. During the evaluation process, the Legal Review Panel and the Town of Wilton reserve the right, where it may serve the Town s best interest, to request additional information or clarifications from Respondents, or to allow corrections of errors or omissions. Submission of a proposal indicates acceptance by the Respondent of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the retainer between the Town and the selected Respondent. At the discretion of the Town or the Legal Review Panel, Respondents submitting proposals may be requested to make oral presentations as part of the evaluation process. The Town of Wilton reserves the right to retain all proposals submitted and to use any ideas submitted.

2 It is anticipated the selection of Town Counsel will be completed no later than October Following notification to the selected Respondent, and approvals by the Board of Selectmen, it is expected that an engagement letter will be executed between both parties within 30 days of all approvals. RFP Schedule RFP Publicly Issued and available at Monday, June 13, indicating Intent to Respond due Monday, June 27, 2016 by 4:30 PM Questions from Respondents due Monday, July 11, 2016 by 4:30 PM Answers distributed to all respondents Friday, July 22, 2016 RFP Submissions due to First Selectman's Friday, September 2, 2016 by 4:30 PM Office Evaluation of Responses (and interviews as September 6 through October 3, 2016 necessary) Award of Contract/Retainer October 17, 2016 A. Description of Wilton, CT The Town operates under a Board of Selectmen, Town Meeting form of government. A Town Charter, Code of Ordinances and Code of Ethics govern operation of the Town. The Town serves an area of 27.3 square miles with a population of approximately 18,000 and provides the following services to its citizens: Police Protection, Fire Protection, Parks and Recreation, Road Repair, Street Lights, Snow Removal, Transfer Station, Recycling, Animal Control, Social Services, Educational and General Government Services, as well as support for the Wilton Public Library, Wilton Volunteer Ambulance Corps, Ambler Farm, Trackside Teen Center, and other services provided by not-for-profit organizations. If selected, the Respondent s principal contact with the Town of Wilton will be the First Selectman, the chief executive officer of the Town, who will manage the legal issues presented to Respondent as Town Counsel. B. Minimum Qualifications for Consideration: To be considered, Respondent must be a member in good standing of the Connecticut Bar, qualified to perform the Scope of Legal Services described in Section C and have: 1. a strong background in Connecticut Statutes relating to municipal governance law and relevant state regulations. 2. experience in municipal regulatory legal consultation for municipalities. 3. strong knowledge of Freedom of Information Act requirements.

3 4. effective verbal and written communications that can be readily understood by elected and appointed officials, Town staff and the public. C. Scope of Legal Services Legal Services sought by the Town may, or may not, include the following at any particular point in time. Respondents must clearly indicate which services described below can be provided by Respondent and which services Respondent would seek the services of alternate counsel: (1) General Legal. The selected attorney is expected to advise the First Selectman, Board of Selectmen, and other Town Boards, Commissions and employees in matters typically associated with municipal government operations (e.g., contract/document review and drafting, ordinance drafting and enforcement, charter and statute interpretation, review and assistance with the administration of grants, Freedom of Information Act (FOIA) requests and compliance, bonding and finance issues, and the provision of written and oral legal opinions on questions and proposals before the Town). (2) General Employment. Includes all aspects of employment law from recruitment to termination as well as collective bargaining support/expertise, arbitration, managing grievance procedures/appeals, discrimination in the workplace claims, pension and benefit administration and drafting policies and procedures such as employee handbooks. (3) Land Use/Environmental. Familiarity and experience with environmental and natural resource regulation, including the management and regulation of solid waste, hazardous waste, water, air and other forms of pollution, zoning, planning, Inland Wetlands laws, zoning board of appeals, and regulations and managing administrative appeals associated with same; working with administrative agencies in preparing and drafting administrative decisions. (4) Litigation. Ability to manage, conduct, and oversee litigation in all courts (state, federal, trial and appellate). (5) Criminal Law. Advise Police Department on proper police operating procedures as requested. Additional information on the Town and government can be found on D. Intent to Respond Interested Respondent s must Jackie Rochester (Jacqueline.rochester@wiltonct.org) indicating an intent to respond to RFP by 4:30 PM on June 27, An indicating the intent to respond does not obligate Respondent to provide a submission.

4 E. Respondent Questions Respondents may questions related to the RFP to Jackie Rochester by 4:30 PM on July 11, All questions received with answers will be posted on the Town s website on Friday, July 22, F. Terms of Engagement (1) Contract Period. The agreement shall be for a two-year period, but may be terminated by the Town or Town Counsel before the end of the two year period in accordance with the Rules of Professional Responsibility governing attorneys in Connecticut. (2) Compensation. Town Counsel shall be compensated in accordance with the terms of a mutually agreed retainer agreement between Town Counsel and the Town. (3) Non-Discrimination: The agreement will contain a non-discrimination clause through which no person shall be denied or subjected to discrimination on account of any services, or activities made possible by or resulting from the agreement on the grounds of sex, sexual orientation, gender identity or expression, race, color, creed, national origin, age (except minimum age and retirement provision), marital status, or the presence of any sensory, mental or physical handicap. Any violation of the provision shall be considered a violation of a material provision of the agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the Town and may result in ineligibility for further Town contracts. The selected respondent shall at all times in the proposal and contract process comply with all applicable Town of Wilton, state, and federal anti-discrimination laws, rules, regulations and requirements thereof. (4) Non-Discrimination Certification: The respondent shall provide a non-discrimination certification as part of the Respondent s reply package. (See Attachment A). (5) Recourse for Town. Following engagement, should the Board of Selectmen find that the attorney failed in any material respect to perform his/her obligations under the retainer agreement, the Board of Selectmen may cancel the agreement and the attorney shall be liable for damages from such breach, including reasonably foreseeable incidental and consequential damages. Should the Town find that the legal services provided under the terms of this agreement precludes the Town from administering its duties in an efficient manner, the Town of Wilton may cancel the agreement upon 90 days written notice to the attorney. In such event the Town shall compensate the firm at the pro rata hourly rate for service performed through the effective date of the cancellation, which shall be in full and complete satisfaction of the Town Counsel s claims. The Town Counsel shall promptly return all work papers and work in progress to the Town. The Town Counsel shall provide the Town at least 180 days prior written notice of its intent to terminate any agreement.

5 (6) Oral Presentations. During the evaluation process, the Legal Review Panel may, at their discretion, request one or all of Respondents to make oral presentations. Such presentations will provide Respondents with an opportunity to answer any questions the Legal Review Panel may have on a proposal. Not all attorneys or firms may be asked to make such oral presentations. (7) Final Selection. The Legal Review Panel will recommend a Respondent for approval by the Board of Selectmen. It is anticipated that a Respondent will be selected in October Following notification of the Respondent selected, and contract approvals by the Board of Selectmen, it is expected a contract will be executed between both parties before the end of October In the event that a contractual agreement cannot be reached with selected Respondent the Town may reconsider other Respondents. G. Submission of Proposal (1) Proposal Instructions. By submitting a proposal, Respondent represents he or she has thoroughly examined and become familiar with the scope of services required by this RFP and has the capability and resources to perform the work. Responses should be provided via letter, with supporting answers and documents, indicating Respondent's interest in being appointed Town Counsel. The letter must be signed by the individual seeking appointment as Town Counsel and must affirm that Respondent has made themselves knowledgeable of those matters and conditions in the Town which would influence this Proposal. Responses shall be organized and presented in the order listed below to assist the Town in reviewing and rating proposals. (2) References and Qualifications A. Background and qualifications statement including, name of Respondent, capabilities, description and history of Respondent, Respondent s law firm (if applicable), and Respondent s back-up or supporting attorneys. B. Include a list of not less than three client references for whom you have provided services similar to those outlined herein within the past five (5) years or are currently being provided. This list shall include the name of the client, address, and telephone number of the principal contact at the client and timeframe of legal services provided by the Respondent. The Town reserves the right to contact the client regarding the services performed by Respondent. C. List of Respondent personnel, if any beyond Respondent, available to provide legal services. Please list each individual s number of years of experience in their current position, relevant clients served and their roles in providing services. Also provide their resumes, and document the reporting structure, if applicable, for these individuals. (3) Approach to Town Counsel Role. Town Counsel is not currently required to maintain regular office hours at Town Hall, but must be generally available by telephone during the business day to respond to

6 requests for legal advice from Town officials and will be required to meet in person with Town officials at Town Hall and to attend board and commission meetings, often in the evening, when requested to do so. A. Describe how the Respondent will supply legal services to the Town in a cost effective manner, including Respondents general approach to serving as Town Counsel, availability and responsiveness (e.g., use of telephone calls and regularly scheduled office hours), ability to call on other attorneys or resources for support, any limitations on the services Respondent can provide and what best practices, if any, Respondent would be interested in implementing. B. Indicate whether or not Respondent would be willing to consider holding regular office hours at Town Hall. C. Describe Respondent s approach to dispute resolution and communication. D. Understanding of the Scope of Work, include information that explains Respondent's ability to perform, implement and administer these services, emphasizing experience with other similar clients. Summarize relevant areas of expertise and experience including the types of services supplied to past and present clients that are relevant in Town Counsel role. 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.) E. Provide list (and links) to: (1) recent litigation handled by Respondent with indication of outcome; and (2) media reports of legal matters handled by Respondent. F. Provide list of any grievances filed, with the outcome, within the past five (5) years against Respondent and any other attorney who would be assisting Respondent in serving as Town Counsel. (4) Training A. Town Counsel is required to provide three training sessions per year to Town boards, commissions and/or staff. The proposal should detail the manner in which the Respondent proposes to provide these training sessions including the suggested topics and frequency of training. The cost, if any, for these services should be detailed. The Town will work with the selected firm to identify and agree upon specific topics for training. B. Describe what method of communication Respondent utilizes to provide updates of pertinent information, such as new public acts, rulings and trends. For example: newsletters, electronic mailings, legal blog. (5) Costs A. Provide proposal regarding the costs and expenses related to the provision of Town Counsel services including retainer, hourly rates of personnel providing these services, discounts, invoiced expenses,

7 annual caps, and other costs involved. Please also detail: (1) any administrative costs that the firm/individual will bill the Town. (e.g., copier, computer research, postage, messenger, long distance phone calls.) B. Each firm/individual submitting a proposal is requested to detail their fee proposal on a 2 year basis. Any effect the term of agreement may have on legal fees, cost containment or any other elements of Town Counsel services should be noted. Respondent may also include any alternative cost solutions for the Town s consideration. (6) Insurance A. Respondent must describe and provide documentation for the level of malpractice insurance Respondent carries, including: (1) the amount for a single occurrence; (2) the amount in total; (3) the portion that is self-insured; and whether coverage is on a per client basis, or is the dollar figure applied to the Respondent as a whole? (7) Conflicts of Interest A. Provide an indication of whether or not Respondent has ever represented a client in a matter before the Town or any of its Boards or Commissions, including litigation, mediation or arbitration with the Town. B. Provide an affirmative statement that Respondent is independent of the Town and is unaware of any actual or potential conflicts of interest if awarded the Town Counsel role. (8) Concluding Statement A. Provide a concluding statement indicating why the respondent is the best qualified candidate to meet the needs of the Town, including any other information relative to this proposal.

8 Attachment A: Non-Discrimination Certification Written representation that Respondent complies with the nondiscrimination agreements and warranties under Connecticut General Statutes 4a-60 and 4a-60a, as amended and the Town of Wilton s Affirmative Action Policy Statement adopted on April 7, 2008 and attached. INSTRUCTIONS: For use by an individual or entity (corporation, limited liability company, or partnership) when entering into any contract type with the Town of Wilton, regardless of contract value. Submit with Respondent s RFP response and prior to contract execution. REPRESENTATION OF AN INDIVIDUAL or ENTITY: I, of, represent that I will comply with the nondiscrimination agreements and warranties of the Connecticut General Statutes 4a-60 and 4a-60a, as amended and the Town of Wilton s Affirmative Action Policy Statement adopted on April 7, Signature Date

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