Request for Proposal (RFP) No Legal Services

Transcription

1 Request for Proposal (RFP) No Proposal Due Date: February 18, :00 p.m. Deedee Orta, Director of Budget & Planning Bear Valley Road Victorville, CA Page 1 of 17

2 VICTOR VALLEY COMMUNITY COLLEGE DISTRICT Bear Valley Road Victorville, CA REQUEST FOR PROPOSAL # The Victor Valley Community College District is soliciting proposals for. Listed is the expected timeline for the request for proposal process. If you have any questions, contact: Deedee Orta, Director of Budget & Planning Victor Valley Community College District Bear Valley Road Victorville, California (760) Ext Timeline: Proposals available: January 13, 2016 Advertise: January 13 & January 20, 2016 Request for Information Deadline: January 27, 2016 Response to RFI s due to Firms: February 3, 2016 Proposals Due: February 18, 2016 Committee Review of Proposals: February 19 23, 2016 Interviews: (tentative) Week of February 29 March 4, 2016 Issue Notice of Intent to Award March 7, 2016 Board Approval: April 12, 2016 Send Letter of Approval with April 13, 2016 Copy of signed Contract to Firm Contract begins: May 1, 2016 Page 2 of 17

3 DISTRICT OVERVIEW Victor Valley Community College District (VVCCD) has served its communities for over 50 years. VVCCD is the primary source of training for many of the highest demand industries in the High Desert and the most accessible path for local students to pursue degree programs. VVCCD was created by a vote of the public in 1960, when voters enthusiastically approved the creation of a new community college district to educate local students. The first classes at the college were held in 1961 on the campus of Victor Valley High School and included a small student body of only 500 students and a 15-member faculty and staff. Construction began in 1963 on the present campus, which encompasses 253 acres. In 1965, the new Victor Valley Community College campus opened its doors to students. Throughout the years VVCCD s educational programs have expanded based on vital and evolving curricula. Many new facilities have been added to accommodate a consistent growth in student body. A campus that once served 500 students, now serves nearly 14,000 credit students each semester. In 2008, a general obligation bond proposition Measure JJ of the Victor Valley Community College was approved by more than fifty-five percent of voters in the District. The Election of 2008 authorized the District to issue up to $297,500,000 of general obligation bonds to upgrade, expand, and construct school facilities. The Regional Public Safety Training Center, located in Apple Valley, is one of the many projects using these bond funds. Additional information about VVCCD is available through the College s web site at Page 3 of 17

4 VICTOR VALLEY COMMUNITY COLLEGE DISTRICT Bear Valley Road Victorville, CA REQUEST FOR PROPOSAL # The Victor Valley Community College District is soliciting Proposals from attorneys and legal firms wishing to provide legal services to the District. No Proposals shall receive consideration by the Victor Valley Community College District unless made in accordance with the following instructions: Proposals must be submitted in a sealed envelope clearly identified as REQUEST FOR PROPOSAL # LEGAL SERVICES and mailed or delivered to: Deedee Orta, Director of Budget & Planning Victor Valley Community College District Bear Valley Road Victorville, California This Proposal will be due on February 18, 2016 at 2:00 p.m. All Proposals must be received prior to that time. Any Proposal received after the due date and time will be returned unopened. The District suggests that the Proposals be hand delivered in order to ensure their timely receipt. All Proposals shall constitute public record and shall be available for inspection in the Administrative Services Department following the Proposal opening. Proposals must include the standard form attached to this request and respond to the questions at the end of the Request for Proposal. Numbers should be stated in figures, and signatures of all individuals must be in longhand. The completed form must be without interlineations, alterations or erasures. Additional supporting material indicating availability of other services, a narrative description of the firm's history and qualifications, and a list of clients served must also be submitted. Submission of a Proposal authorizes the District to contact any and all references. It is the intent of the District to contract with legal firms who specialize in at least one of the following areas: Construction Law, Employment Law, General Counsel Services along with Human Resources. The District reserves the right to reject any or all proposals. Page 4 of 17

5 Each Proposal must give the full business address of the firm and must be signed by the proposer with his or her usual signature. Proposals must be signed with the legal name of the corporation, followed by the signature and designation of the President, Secretary, or other person authorized to bind the corporation in this matter. The name of each person signing shall also be typed or printed below the signature. When requested by the District, satisfactory evidence of the authority of the Officer signing on behalf of the corporation shall be furnished. A proposer's failure to properly sign required forms may result in rejection of the Proposal. Proposals may be withdrawn by the firm prior to the time fixed for the opening of proposals, but may not be withdrawn for a period of sixty (60) days after opening. The successful firm shall not be relieved of its obligations without the District's consent or proposer's recourse to Public Contract Code Sections 5100 et. seq. In the event of any conflict or ambiguity between these instructions and state or federal regulations, the latter shall prevail. Additionally, all equipment to be supplied or services to be performed under the Proposal shall conform to all applicable requirements of local, state and federal law. It is the policy of the District that in connection with all work performed under contracts, there will be no discrimination against any prospective or active employee because of race, color, ancestry, national origin, religious creed, sex, age or marital status. The firm agrees to comply with applicable federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1410, and Labor Code Section Requests for clarification of the Request for Proposal or additional information should be submitted by to: Deedee Orta, Director of Budget & Planning Deedee.Orta@vvc.edu Victor Valley Community College District Bear Valley Road Victorville, California The last day to submit your questions is on January 27 th at 5:00 p.m. Responses to all inquiries will be in writing as addenda to this request. Any addenda or bulletins issued during the time of submittals shall form a part of the specifications issued to proposers for the preparation of their Proposals, and shall constitute a part of the contract documents. No answers will be binding on the District unless they are confirmed in writing by the Director, Superintendent/President or designee. Page 5 of 17

6 The District may waive any immaterial deviation or defect in a proposal. The District s waiver shall in no way modify the RFP documents or excuse the contractor from full compliance with the RFP if awarded the contract. The following selection criteria will be used to evaluate responses to this request. Recommendations for acceptance will be based upon: a. Completeness of the response to items. b. Aggregate cost of legal services. c. Ability of the firm to respond to telephone calls within 4 hours. d. Ability of firm to provide on-site legal services one day a week, and to attend all closed and public Board meetings when necessary. e. Evidence of experience in the areas in which services are proposed to be provided. f. Evaluation of references and background information including the nature and quality of the services provided, responsiveness to client needs and the caliber of attorneys in the firm. References from other public agencies preferred. The following INFORMATION must be included in the proposal: The proposer should indicate in which of the following areas services would be provided, and the scope of the services which the firm wishes to provide. The proposer should show evidence of special competence in any area for which services are proposed. Employment Law/Labor Relations Legal review of collective bargaining issues. Assistance in regards to labor negotiations Mediation and fact-finding or other impasse situations. PERB proceedings (representation and unit matters, unfair practices charges, etc.). Assist in the arbitration of employee grievances. Hearings or litigation arising out of the Education Employment Relations Law. Discipline and staffing issues. Review drafted Board policies, regulations and personnel procedures. Employee fringe benefit issues (i.e. STRS, PERS, COBRA, FICA). Wage and labor issues under FLSA. Discrimination and sexual harassment, including the Americans with Disabilities Act and the Older Workers' Benefits Act, Section 504. Page 6 of 17

7 Business Education Code. Equal Employment Opportunity. California Title 5. Investigation of complaints and grievances. Contracts (drafting, reviewing, negotiating and related litigation). Real property (acquisition, leasing, Education Code requirements). Budget and Finance. Literary property (copyright). Audits and auditors. Foundations and Auxiliary organizations. Financial Aid (Bankruptcy, filings). Public financing programs. Insurance and claims. Public Contracts Code & Education Code requirements Contracts (drafting, reviewing, negotiating and related litigation). Competitive bid requirements (Public Contracts Code, Title 5 and Education Code et al.). Construction Law Public Entity Construction Accidents. Construction Law. Bond Counsel Services. Construction Disputes, Claims, and Litigations. Public Works Bid Protests. Smaller Classes, Safer Schools and Financial Accountability Act ( Proposition 39 ) Contracts (drafting, reviewing, negotiating and related litigation). Competitive bid requirements (Public Contracts Code, Title 5 and Education Code et al.). Audits Student Affairs Student discipline. Student newspapers. Federal programs (financial aid, VA, etc.). Student fees. First amendment/freedom of expression issues. Page 7 of 17

8 General Ability to provide training and workshops in a variety of areas. Knowledge of Brown Act. Provide advice and consultation on all District matters by phone, office visits, District visits and correspondence. Provide a general informational service on legal matters of interest. Inform and assist the District in complying with new requirements of the law. Any and all services related thereto. Other Identify other special legal knowledge and skills you think would benefit the District. Preventive Law Approach We are looking for a firm committed to a preventive law approach. Anticipating potential problems can often reduce or eliminate liability. We seek a firm which works with clients to find solutions to problems that best reduces liability exposure, and a firm that utilizes a team approach to issue resolution. Responsiveness is important, whether it be in telephone consultation, opinion letters or meetings; also, expertise that allows for immediate answers to questions, without incurring the cost and delay associated with lengthy research. Resume Each firm is responsible to supply the District, with their response to this RFP, a resume for each employee that will be working with the District. This should include but not be limited to, partners, principal lawyers, law clerks, and paralegals. Page 8 of 17

9 REQUEST FOR PROPOSAL FORM Deedee Orta, Director of Budget & Planning Victor Valley Community College District Bear Valley Road Victorville, CA Re: Proposal # The undersigned, doing business under the name of having carefully examined the Request for Proposal -, and having become familiar with local conditions affecting the performance of the services and the cost of providing legal services in San Bernardino County, proposes and agrees to perform the services specified below. The rates quoted have been arrived at independently. These rates have not been and will not be disclosed to other proposers or potential proposers. Furthermore, I attest that no attempt has been or will be made to induce any other entity to refrain from proposing or to submit any collusive or complementary proposal on the proposed contract and that the proposal is made in good faith. I also agree there will be no effort to lobby members of the Board of Trustees or employees of the District to obtain a contract for legal services. Services are proposed in the following areas: Employment Law/Labor Relations Business Public Contracts Code and Education Code Student Affairs General Other Page 9 of 17

10 Proposal for services at hourly rates: Partners $ Principal Attorneys $ Attorneys $ Paralegals $ Law clerks $ Proposal for services under retainer: Amount of retainer $ Attorneys Paralegals Law clerks Hours in retainer Cost per extra hour Please list 3 references of clients served in the areas proposed in the last 3 years. 1. Company Name Address Contact/Phone 2. Company Name Address Contact/Phone 3. Company Name Address Contact/Phone Page 10 of 17

11 Submitted by: Company: Telephone Number: Date: Page 11 of 17

12 APPENDIX A Sample of Agreement For PROFESSIONAL SERVICES AGREEMENT PARTIES: VICTOR VALLEY COMMUNITY COLLEGE DISTRICT ("District") District Contact Person: Roger W. Wagner, Ph.D. Superintendent / President Bear Valley Road Victorville, CA ("Contractor") [Address] DATE: Attn: [Contact name and phone number] TERM OF AGREEMENT: May 1, 2016 through April 30, 2019, with two one-year renewal options upon the mutual agreement of both parties RECITALS WHEREAS, the District may contract for professional services to the extent permitted by law; and WHEREAS, the Contractor has represented itself to be specially licensed and/or certified and/or trained, experienced and competent to perform the services described herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the parties hereby agree as follows: Page 12 of 17

13 AGREEMENT 1. SERVICES. The Contractor shall provide specialized legal services as assigned by the District in accordance with its administrative regulations for the assignment of legal counsel. 2. WARRANTIES. The Contractor warrants and represents that it is specially trained, qualified, duly licensed, experienced, and competent to provide the Services. The Contractor warrants that Services the District's approval of particular work by furnished by the Contractor shall not relieve the Contractor of its obligations under this warranty. All warranties, including special warranties specified elsewhere herein, shall inure to the District, its successors, assigns, and any individual employees provided representation at the District s direction. 3. FEES. The District agrees to pay and Contractor agrees to accept for performance of all services rendered herein, exclusive of extra work and services, fees as specified in accordance with the rates as proposed in Contractor s response to Request for Proposals No EXPENSES. The Contractor shall assume all expenses incurred in connection with performance except as otherwise provided in this Agreement. 5. TERM OF AGREEMENT. This Agreement shall be for the term set forth above, unless sooner terminated pursuant to the terms hereof. 6. TERMINATION OF AGREEMENT. This Agreement may be terminated by the District by providing 30 days prior written notice to the Contractor or immediately upon breach of this Agreement by the Contractor. 7. RIGHTS IN DATA. All technical communications and records originated or prepared by the Contractor pursuant to this Agreement including papers, reports, charts, computer programs, and other documentation, but not including the Contractor's administrative communications and records relating to this Agreement shall be delivered to and shall become the exclusive property of the District and may be copyrighted by the District. During the term of this Agreement, certain information which the District deems confidential ("Confidential Information") might be disclosed to the Contractor. The Contractor agrees not to divulge, duplicate or use any Confidential Information obtained by the Contractor during the Contractor's engagement, except as authorized by the District. Such Confidential Information may include, but is not limited to, student and employee information, information from witnesses and data in the District's written records or stored on the District's computer systems. Page 13 of 17

14 8. CONTRACTOR ACCOUNTING RECORDS. Records of the Contractor's directly employed personnel, other consultants and reimbursable expenses pertaining to the work and records of account between the District and the Contractor shall be maintained on an accounting basis acceptable to the District and shall be available for examination by the District or its authorized representative(s) during regular business hours within one (1) week following a request by the District to examine such records. Failure by the Contractor to permit such examination within one (1) week of a request shall permit the District to withhold all further payments until such examination is completed unless an extension of time for examination is authorized by the District in writing. 9. RELATIONSHIP OF PARTIES. With regard to performance hereunder, the Contractor is an independent contractor and not an officer, agent, partner, joint venture, or employee of the District. The Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees is in any manner agents or Employees of the District. 10. DISTRICT REPRESENTATIVE. The contact person set forth above or his or her designee shall represent the District in the implementation of this Agreement. 11. WAIVER OF DAMAGES; INDEMNITY. The Contractor hereby waives and releases the District from any claims the Contractor may have at any time arising out of or relating in any way to this Agreement, except to the extent caused by the District's willful misconduct. Notwithstanding the foregoing, the parties agree that in no event shall the District be liable for any loss of the Contractor's business, revenues or profits, or special, consequential, incidental, indirect or punitive damages of any nature, even if the District has been advised in advance of the possibility of such damages. This shall constitute the District's sole liability to the Contractor and the Contractor's exclusive remedies against the District. Except for the sole negligence or willful misconduct of the District the Contractor shall indemnify, hold harmless and defend the District and its Board of Trustees, officers, employees, and agents from any liability, losses, costs, damages, claims, and obligations relating to or arising from this Agreement. Without limiting the foregoing, the Contractor shall indemnify and hold harmless the District, and its Board of Trustees, officers, employees, and agents from all liability, losses, costs, damages, claims, and obligations of any nature or kind, including attorneys fees, costs, and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance, registered or unregistered trademark, service mark, or trade name, furnished or used in connection with this Agreement. The Contractor, at its own expense, shall defend any action brought against the District to the extent that such action is based upon a claim that the goods or software supplied by the Contractor or the operation of such goods infringes a patent, trademark, or copyright or violates a trade secret. Page 14 of 17

15 12. INSURANCE. Without limiting the Contractor's indemnification of the District and as a material condition of this Agreement, the Contractor shall procure and maintain at its sole expense, for the duration of this Agreement, insurance coverage with limits, terms and conditions at least as broad as set forth in this section. The Contractor shall secure and maintain, at a minimum, insurance as set forth below, with insurance companies acceptable to the District to protect the District from claims which may arise from operations under this Agreement, whether such operations be by the Contractor or any subcontractor or anyone directly or indirectly employed by any of them. As a material condition of this Agreement, the Contractor shall furnish to the District certificates of such insurance and endorsements, which shall include a provision for a minimum thirty-day s notice to the District prior to cancellation of or a material change in coverage. The Contractor shall provide the following insurance: a) Commercial General Liability Insurance, "occurrence" form only, to provide defense and indemnity coverage to the Contractor and the District for bodily injury and property damage. Such insurance shall name the District as an additional named insured and shall have a combined single limit of not less than one million dollars ($1,000,000) per occurrence. The policy so secured and maintained shall include personal injury, contractual or assumed liability insurance; independent contractors; premises and operations; products liability and completed operation; broad form property damage; broad form liability; and owned, hired and non-owned automobile insurance. The policy shall be endorsed to provide specifically that any insurance carried by the District which may be applicable to any claim or loss shall be deemed excess and non-contributory, and the Contractor's insurance primary, despite any provisions in the Contractor's policy to the contrary. b) Professional liability insurance in an amount not less than one million dollars ($1,000,000) per incident. c) Workers' Compensation Insurance with limits as required by the Labor Code of the State of California and Employers Liability insurance limits of not less than one million dollars ($1,000,000) per accident. Failure to maintain the insurance and furnish the required documents may terminate this Agreement without waiver of any other remedy the District may have under law. 13. AMENDMENTS. This Agreement is the entire agreement between the parties as to its subject matter and supersedes all prior or contemporaneous understandings, negotiations, or agreements between the parties, whether written or oral, with respect thereto. This Agreement may be amended only in a writing signed by both parties. Page 15 of 17

16 14. ASSIGNMENT. This Agreement may not be assigned or otherwise transferred, in whole or in part, by either the District or the Contractor without prior written consent of the other. 15. GOVERNING LAW. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereunder, and any action arising from or relating to this Agreement, shall be construed and enforced in accordance with, and governed by, the laws of the State of California or United States law, without giving effect to conflict of laws principles. Any action or proceeding arising out of or relating to this Agreement shall be brought in the County of San Bernardino, State of California, and each party hereto irrevocably consents to such jurisdiction and venue, and waives any claim of inconvenient forum. 16. NONDISCRIMINATION. The Contractor hereby certifies that in performing work or providing services for the District, there shall be no discrimination in its hiring, employment practices, or operation because of sex, race, religious creed, color, ancestry, national origin, physical disability, mental disability, medical condition, marital status, or sexual orientation, except as provided for in section of the Government Code. The Contractor shall comply with applicable federal and California anti- discrimination laws, including but not limited to, the California Fair Employment and Housing Act, beginning with Section of the California Government Code, the provisions of the Civil Rights Act of 1964 (Pub. L ; 78 Stat. 252) and Title IX of the Education Amendments of 1972 (Pub. L ) and the Regulations of the Department of Education which implement those Acts. The Contractor agrees to require compliance with this nondiscrimination policy by all subcontractors employed in connection with this Agreement. 17. EQUAL OPPORTUNITY EMPLOYER. The Contractor, in the execution of this Agreement, certifies that it is an equal employment opportunity employer. 18. ATTORNEYS' FEES AND COSTS. If either party shall bring any action or proceeding against the other party arising from or relating to this Agreement, each party shall bear its own attorneys' fees and costs, regardless of which party prevails. 19. BOARD AUTHORIZATION. The effectiveness of this Agreement is expressly conditioned upon approval by the District's Board of Trustees. 20. SEVERABILITY. The Contractor and the District agree that if any part, term, or provision of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect other parts, terms, or provisions of this Agreement, which shall be given effect without the portion held invalid, illegal, or unenforceable, and to that extent the parts, terms, and provisions of this Agreement are severable. Page 16 of 17

17 21. TERMINATION FOR NON-APPROPRIATION OF FUNDS. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation and availability of funds for such purpose, as determined in good faith by the District. If funds to effect such continued purpose are not appropriated or available as determined in good faith by the District, this Agreement shall automatically terminate and the District shall be relieved of any further obligation. 22. NOTICE. Any notice required to be given pursuant to the terms of this Agreement shall be in writing and served personally or by deposit in the United States mail, postage and fees fully prepaid, addressed to the applicable address set forth above. Service of any such notice if given personally shall be deemed complete upon delivery, and if made by mail shall be deemed complete on the day of actual receipt or at the expiration of 2 business days after the date of mailing, whichever is earlier. 23. CONFLICTS OF INTEREST. The Contractor agrees not to accept any employment or representation during the term of this Agreement which is or may likely make the Contractor financially interested (as provided in California Government Code Sections 1090 and 87100) in any decision made by the District on any matter in connection with which the Contractor has been retained pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Victorville, California, on the date set forth above. CONTRACTOR DISTRICT VICTOR VALLEY COMMUNITY COLLEGE DISTRICT THE BOARD OF TRUSTEES OF THE VICTOR VALLEY COMMUNITY COLLEGE DISTRICT Signed: Name: Title: Date: Signed: Name: Title: Date: Page 17 of 17