3. Minimum QualificationsA. Bar Admissions
The proposer and all those who serve as back-up to the proposer (see below) must be a member ingood 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.
The proposer must represent or have represented as general town counsel a Massachusettsmunicipality for not less than five (5) years, or possess equivalent experience. References for allmunicipalities currently represented or represented in the past ten years by the proposer must befurnished. 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, publiccontracts, environmental law, municipal finance, labor relations, litigation and open townmeeting.
The proposer must commit to responding to all communications from the Board of Selectmen andTown Manager either himself/herself or through a qualified back up within 24 hours of thecommunication. The proposer must also commit, as a general rule, to responding to requests forwritten opinions within one week unless the circumstances of the opinion warrant a shorter orlonger time frame for a response. And, the proposer must commit to preparing a monthly writtensummary of all open issues at no cost to the Town.
The proposer must have within his or her firm or through an established “of counsel” relationshipat least one other qualified attorney available to render advice and otherwise represent theinterests of the Town of Duxbury when the proposer is unavailable. In this context, “qualifiedattorney” shall mean another lawyer who substantially meets the minimum qualifications set forthherein for the proposer.
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 matterreference for the service, a description of the service performed, the time it took to perform thatfunction, 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 ratefee arrangement with counsel. As but one example, responding attorneys may propose a fixedretainer for a specified scope of services, with an hourly rate for work outside the establishedscope of services. Proposers should feel free to be creative in this regard so long as the proposalis workable and reasonable. Whether or not an alternative fee arrangement is proposed, theattached fees and expenses response sheet must be completely filled out.