Request for Proposal School District Legal Services Beginning July 1, Submission Date: April 26, :00 AM

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1 LINWOOD BOARD OF EDUCATION Business Office 51 Belhaven Avenue Linwood, NJ The Linwood School District Board of Education invites applications from interested school board attorneys to provide legal services as per the following: Request for Proposal School District Legal Services Beginning July 1, 2018 Submission Date: April 26, :00 AM Contact for Proposal Package: Teri J. Weeks, CPA, RSBO School Business Administrator/Board Secretary Purchasing Agent Dated: March 23, 2018

2 NOTICE FOR REQUEST FOR PROPOSALS Notice is hereby given that pursuant to the requirements of N.J.A.C. 6A:23A-5.2 (a)(5), the Linwood Board of Education (hereinafter referred to as the Board ) is requesting proposals (RFP) to obtain from interested and qualified firms a proposal to act as a Board Attorney to provide legal services as outlined in the RFP. The understanding of the parties with respect to the services to be rendered and the various fee arrangements are required to be set forth in a formal agreement. The Board Offices are located at 51 Belhaven Ave. Linwood, New Jersey A copy of the RFP may be inspected or picked up at the Board offices between the hours of 8:00 AM and 3:30 PM, Monday through Friday, except Saturday, Sundays and holidays. Further information may be obtained by calling Mrs. Teri J. Weeks, CPA, School Business Administrator/Board Secretary at or teriweeks@linwoodschools.org. All vendors submitting proposals must use and complete all forms and include all information required in the RFP. An original and four (4) copies of the Proposal must be submitted, in a sealed envelope with RFP Legal Services marked on the front of the envelope. Pursuant to P.L 2004, c.57, all proposals must be accompanied by a New Jersey Business Registration Certificate issued by the New Jersey Department of Treasury, Division of Revenue. All vendors are required to comply with the requirements of P.L. 1975, c. 127, Law Against Discrimination and the Affirmative Action statutes and regulations, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17: et seq. Proposals must be submitted to the Linwood Board of Education no later than no later than April 26, 2018 at 10:00. If sent by mail, it should be clearly marked as Proposal for Legal Services. The proposals should be addressed to Linwood Board of Education, 51 Belhaven Ave., Linwood, New Jersey The Board reserves the right to reject any or all proposals and waive any informality in the process if it is in the best interests of the Board. No proposal may be deemed accepted until the adoption of a formal resolution by the Board.

3 Purpose In accordance with N.J.S.A.19:44A-20.4 et seq., the Linwood Board of Education is requesting proposals (RFP) from law firms or individuals licensed to practice law in the State of New Jersey that wish to provide general counsel and litigation services to the Linwood Board of Education as directed by the Board. The Board will separately award counsel for labor negotiations. It is the intention of the Linwood Board of Education to appoint Legal Counsel to provide legal services to the Board of Education effective July 1, 2018, and optional years and Under Title 18a-18a-5 (1) professional services are not required to be bid or advertised and the Board is not required to award on the basis of lowest price and will award based on criteria as outlined in this request for proposals. The requests are being made to ensure the District receives the highest quality service at a fair and competitive price. Background The Linwood School District is comprised of two schools, grades PreK - 8. Seaview Elementary School and Belhaven Middle School currently serve approximately 850 students. Students grades 9-12 attend the regional high school. The Linwood district serves Pre-K -8 th grade students from Linwood, in Atlantic County. The district has multiple special education programs and an extensive extra-curricular and interscholastic athletic program. Scope of Services The successful firm should have a primary office in Atlantic County and a minimum of three years experience in representing boards of education in contractual matters; civil service and personnel matters; public contracts; intergovernmental contracts; federal and state agreements; risk management and workers compensation matters; OPRA, HIPAA, and Special Education matters; and general litigation. The successful firm shall provide the Linwood Board of Education with legal guidance relating to but not necessarily limited to: 1. Legal research and/or advisory opinions if needed; 2. Represent the Linwood Board of Education in all matters in Federal and State courts as well as administrative tribunals and forums; 3. Review and/or draft Board Resolutions and motions; 4. Review and/or draft all Contracts, Inter-Local and Inter-Agency Agreements; 5. Attend all meetings of the Linwood Board of Education upon request; 6. Be readily available for meetings with the President or Representatives of the Board of Education, the District Administrators and officials upon request;

4 7. Advise the Linwood Board of Education of changes in State and Federal law and regulations, as well as Court decisions, which will impact the Board; 8. Review and advise with matters including, but not limited to, procurement and service contracts, bid specifications, bidding matters, preparation and execution of contracts and contract disputes solution. 9. Provide advice and counsel on all matters related to regular students including discipline, attendance, adherence to rules and regulations, etc. 10. Representation of the Board with respect to matters involving interface with the municipal governing body, including planning and adjustment boards, financial matters, jurisdictional matters, etc. and with state agencies such as the EDA, DOE, EPA, as needed. 11. Provide assurance statements as required for financial audits, bonding matters and grant compliance. 12. Review special education issues upon request and provide guidance to the Board and Administration. 13. Represent the district in mediation, upon request. 14. Representation of the district at all stages of mediation, including administrative law, commissioner, State Board and court proceedings until due process filed by parent/guardian. After which time, be available to consult with insurance appointed legal counsel. 15. Serve as the district s liaison to the legal representatives/advocates of parents. 16. Review special education contracts upon request. 17. Advise the Board in legal matters with respect to labor relations and personnel administration. 18. Review grievances with the administration and assist in writing administrative responses to the same. 19. Represent the Board in all arbitrations, administrative proceedings, court proceedings, etc. involving labor relations or personnel administration. 20. Advise the Board on employment, employee discipline, seniority, tenure and other personnel administration matters 21. Any other matters as directed by the Linwood Board of Education.

5 QUALIFICATIONS OF RESPONDENTS ALL SUBMISSIONS SHALL INCLUDE THE FOLLOWING MINIMUM INFORMATION: 1. Name of the individual(s) to be assigned to perform the tasks. 2. Professional experience and education of the individual(s) to be assigned including a listing of experience with the Linwood Board of Education and/or experience with other New Jersey Boards of Education. The Board is requesting a minimum of five (5) years of professional experience with New Jersey Boards of Education. 3. A statement concerning the ability of the firm/individual to perform tasks assigned by the Linwood Board of Education in a timely fashion. 4. Professional licenses and certifications held by the individual(s) to be assigned. 5. A description of the support staff available to the individual(s) to be assigned. 6. A copy of a Certificate of Insurance, issued by an insurance carrier licensed in the State of New Jersey, for the firm/individual showing a minimum amount of $1MM/2MM professional liability insurance and all other insurance coverage in place shall be required upon award of contract. 7. A list of four professional references with addresses and telephone contact numbers. Three must have direct knowledge relating to your experience in the requested service. 8. A copy of your New Jersey Certificate of Employee Information Report approval pursuant of N.J.A.C. 17: et.seq. or a completed Form AA-302 Initial Employee Information report. 9. A copy of your New Jersey Business Registration Certificate. 10. Political Disclosure Form 11. Non-Collusion Affidavit 12. Stockholders Statement 13. Affirmative Action Statement 14. Disclosure of Activities in Iran. 15. Fee Proposal that compliments the services that are being requested. Hourly rates of staff are to be included plus any additional billable costs are to be outlined.

6 Insurance The Professional agrees to obtain and maintain for the entire term of this Agreement the following insurance coverage: Workers Compensation In compliance with the Workers Compensation Law of the State of New Jersey. Professional Liability claims made basis in the annual aggregate $2,000, Errors and Omissions A minimum limit of liability of $1,000, per incident. Any other insurance as deemed necessary by the Board of Education. Failure by the Professional to supply such shall result in default. The insurance companies for the above coverage must be licensed by the State of New Jersey and acceptable to the Board. The Professional shall not take any action to cancel any of the insurance required under the agreement without the approval of the Board. The maintenance of insurance under this section shall not relieve the Professional of any liability greater than the insurance coverage. All policies must incorporate a provision requiring the giving of notice to the Owner by certified mail, return receipt requested, at least thirty (30) days prior to the cancellation or non-renewal of any insurance policy required herein. Submission of RFP Package and Deadline All proposals are to be submitted in writing and received no later than April 26, 2018 at 10:00 AM. Proposals are to be submitted to: Ms. Teri J. Weeks, CPA, School Business Administrator/Board Secretary Linwood Board of Education Belhaven Avenue Linwood, New Jersey The Board of Education intends to appoint the successful firm by May 23, Services of the selected firm(s) will commence immediately thereafter. Award of Contract It is the intention of the Board of Education to award the contract to the respondent based upon relative experience, qualifications and who will provide the highest quality of service at fair and competitive prices.

7 The selection criteria to be used in awarding a contract for the services described herein, shall include: 1. Qualifications of the individuals who will perform the tasks and the amounts of their respective participation; 2. Experience in providing the professional services requested by the Linwood Board of Education and references related thereto; and familiarity with the School District 3. Ability to perform the tasks in a timely fashion, including staffing and familiarity with the subject matter and the Linwood Board of Education; 4. Location (distance) of primary office in relation to the Linwood Board of Education administrative offices; 5. Recent, current and projected work load of the individual or firm. 6. Thoroughness and completeness of the applicant s submittal. 7. Cost of proposal The Linwood Board of Education shall award a contract to firm or individual that best meets the needs and interests of the Board. Coordination of Activities All activities for this contract will be coordinated through the offices of Teri J. Weeks, CPA, School Business Administrator, Qualified Purchasing Agent, 51 Belhaven Ave., Linwood, NJ teriweeks@linwoodschools.org Termination Either party may terminate the consultant agreement upon providing thirty (30) days written notice to the other party. Written notice shall be sent certified mail, return receipt requested.

8 STOCKHOLDER OR PARTNERSHIP DISCLOSURE STATEMENT STATE OF ) COUNTY OF ) SS: In accordance with the request for proposals and the provisions of P.L. 1977, Chapter 33, Section 1 (N.J.S.A. 52: ), the undersigned being duly sworn according to law, deposes and says that the following is a list of the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock or of all individual partners in the partnership who own a 10% or greater interest therein. If one or more such stockholder or partner is itself a corporation or partnership, all stockholders holding a 10% or more of the corporation's stock or all individual partners owing 10% or greater interest in that partnership is also listed. I. Name of Corporation/ Partnership Name of Corporation/ Partnership Address Address Name of Stockholder/Partner Address Name of Stockholder/Partner Address Name of Stockholder/Partner Address Use reverse side for additional stockholders/partners. II. Name of Corporation Partnership who holds 10% or more interest in the bidding corporation/partnership Address

9 AFFIRMATIVE ACTION STATEMENT Legal Service The following questions must be answered by all prospective firms: 1. Do you have a federally approved or sanctioned Affirmative Action Program? Yes No (a) If yes, please submit a copy of such approval. 2. Do you have a State Certificate of Employee Information Report approval? Yes No (a) If yes, please submit a copy of such approval. 3. If the firm cannot present #1 or #2, the firm is required to submit a completed Employees Information Report (Form AA302) at the time of the award only.

10 Contact Information Public School Client Recommendation List 1. School District: Grade Organization Regional? Yes No Contact Name and Title: Telephone Number: 2. School District: Grade Organization Regional? Yes No Contact Name and Title: Telephone Number: 3. School District: Grade Organization Regional? Yes No Contact Name and Title: Telephone Number: 4. School District: Grade Organization Regional? Yes No Contact Name and Title: Telephone Number: 5. School District: Grade Organization Regional? Yes No Contact Name and Title: Telephone Number:

11 AFFIDAVIT OF NONCOLLUSION STATE OF ) ss: COUNTY OF ) I,, residing in the of in the County of and State of, of full age, being duly sworn according to law on my oath depose and say: I am of the firm of, the firm responding to the request for proposals. I executed the response to request for proposals with full authority to do so. The firm has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive contracting in connection with the above named request for proposals. All statements contained in the response to request for proposals and in this affidavit are true and correct, and made with the full knowledge that the will rely upon the truth of the statements contained in the response to request for proposals and in this affidavit in awarding the contract. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. Subscribed and sworn to before me this day of, 20. Notary Public of My Commission expires / /20.

12 FEE STRUCTURE Legal Services Please provide the hourly rate for services in each of the following categories: General Counsel Special Education Negotiations Construction Court Time Other (specify) Please provide the hourly rate for the services of the following personnel: Paralegals Associates Respondent may use their own form.

13 EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJ.S.A. 10:5-31 et. seq., NJ.A.C. 17:27 GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers consistent with Good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2, or Good faith efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:

14 EXHIBIT A (Cont) The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The contractor and its subcontractor shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.17:27. Acknowledgement receipt: (Bidder Signature) (Print name)

15 APPENDIX B AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Linwood Board of Education (hereafter "owner") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner's grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. Acknowledgement receipt: (Bidder Signature) (Print name)

16 Chapter 271 Political Contribution Disclosure Form (Contracts that Exceed $17,500.00) Ref. N.J.S.A. 52:34-25 The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that (Business Entity) has made the following reportable political contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19: during the twelve (12) months preceding this award of contract: Reportable Contributions Date of Contribution Amount of Contribution Name of Recipient Elected Official Committee/Candidate Name of Contributor The Business Entity may attach additional pages if needed. No Reportable Contributions (Please check if applicable.) I certify that _(Business Entity) made no reportable contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19: Certification I certify, that the information provided above is in full compliance with Public Law 2005-Chapter 271. Name of Authorized Agent- Title Signature Business Entity Date BID Title

17 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A County Name: Atlantic State: Governor, and Legislative Leadership Committees Legislative District #s: 1, 2, & 9 State Senator and two members of the General Assembly per district. County: Freeholders County Executive County Clerk Surrogate Sheriff Municipalities (Mayor and members of governing body, regardless of title): Absecon City Atlantic City Brigantine City Buena Borough Buena Vista Township Corbin City Egg Harbor City Egg Harbor Township Estell Manor City Folsom Borough Galloway Township Hamilton Township Hammonton Town Linwood City Longport Borough Margate City Mullica Township Northfield City Pleasantville City Port Republic City Somers Point City Ventnor City Weymouth Township Boards of Education (Members of the Board): Absecon City Atlantic City Buena Regional Egg Harbor City Egg Harbor Township Estell Manor City Folsom Borough Galloway Township Greater Egg Harbor Regional Hamilton Township Hammonton Town Longport Mainland Regional Mullica Township Northfield City Pleasantville City Somers Point City Weymouth Township Fire Districts (Board of Fire Commissioners): Buena Borough Fire District No. I Buena Borough Fire District No. 2 Buena Vista Township Fire District No. I Buena Vista Township Fire District No. 2 Buena Vista Township Fire District No. 3 Buena Vista Township Fire District No. 4 Buena Vista Township Fire District No. 5

18 DISCLOSURE OF INVESMENT ACTIVITIES IN IRAN Name of Bidder: Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran. If the Linwood Board of Education ("District") finds a person or entity to be in violation of the principles which are the subject of this law, they shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity. I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am authorized to bid/renew: is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a person or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, AND is not a financial institution that extends $20,000,000 or more in credit to another person or entity for 45 days or more, if that person or entity will use the credit to provide goods or services in the energy sector in Iran In the event that a person or entity is unable to make the above certification because it or one of its parents, subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and precise description of the activities must be provided in Part 2 below to the District under penalty of perjury. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.