MIDDLETOWN TOWNSHIP PUBLIC SCHOOLS REQUEST FOR QUALIFICATIONS. School District Board, Labor and Negotiations Legal Services SPECIFICATIONS

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1 MIDDLETOWN TOWNSHIP PUBLIC SCHOOLS REQUEST FOR QUALIFICATIONS School District Board, Labor and Negotiations Legal Services SPECIFICATIONS PROPOSALS DUE: June 10, :00 p.m..

2 MIDDLETOWN TOWNSHIP PUBLIC SCHOOLS OFFICE OF THE SCHOOL BUSINESS ADMINISTRATOR/BOARD SECRETARY PO Box 4170, MIDDLETOWN, NJ (732) FAX (732) Amy P. Gallagher, CPA Business Administrator/ Board Secretary Vincent J. Daniels Assistant Business Administrator/ Assistant Board Secretary The Middletown Township Board of Education invites applications from interested school board attorneys to provide legal services as per the following: Request for Proposal School District Board, Labor and Negotiations Legal Services Middletown Township Public Schools is a K-12 school district comprised of twelve (12) elementary, three (3) middle and two (2) high schools with approximately 9,800 students. The district has multiple bargaining units representing approximately 1,300 employees. The district has four bargaining units: Middletown Township Education Association (MTEA), Middletown Township Administrators Association (MTAA), Local No. 11 (affiliated with the International Brotherhood of Teamsters), and Local No. 11 Paraprofessionals Unit (affiliated with the International Brotherhood of Teamsters). The contracts with these bargaining units expire as follows: MTEA June 30, 2017; MTAA June 30, 2016; Local No. 11 and Local No. 11 Paraprofessionals Unit June 30, Negotiations with the MTAA are in progress for the July1, 2016 successor contract; those negotiations are not included in the scope of services for this request for proposals. Currently the district utilizes the same firm for both its general board matters and labor issues and has separate attorneys for negotiations/special counsel, special education matters, and bond counsel. A. Purpose: In accordance with N.J.S.A. 19:44A-20.4 et seq., the Middletown Township Board of Education is requesting proposals from law firms or individuals licensed to practice law in the State of New Jersey that wish to provide general counsel and litigation and labor related legal services to the Middletown Township Board of Education as directed by the Board. Proposals and qualifications for general counsel/litigation, labor and negotiations related legal services will be evaluated separately and the Board may choose to appoint different individual(s) or firm(s) to provide these different services. It is the intention of the Middletown Township Board of Education to make these appointments for the school year, with renewals for subsequent years at the pleasure of the Board. Pursuant to 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.

3 B. Scope of Service Board General Counsel and Litigation The successful individual or firm will have a minimum of five 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 general litigation. The successful firm shall provide the Middletown Township 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 Middletown Township 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 contracts, inter-local and inter-agency agreements; 5. Attend all meetings of the Middletown Township Board of Education; 6. Be readily available for meetings with the President or Representatives of the Board of Education, the District Administrators and officials upon request; 7. Advise the Middletown Township Board of Education of changes in State and Federal law and regulations, as well as Court decisions, which will impact the Board s operations; 8. Presentation of status reports on pending matters; 9. Any other matters as directed by the Middletown Township Board of Education. C. Scope of Service Labor Related Legal Services The successful individual or firm will provide the Middletown Township Board of Education with labor related legal services relating to but not necessarily limited to: 1. Serve as Labor Relations Counsel to the Middletown Township Board of Education to provide professional legal advice on school law and related matters as required by the Board in conformance with the laws of the State of New Jersey. 2. Represent the Board of Education in collective negotiations for successor agreements with the District s four bargaining units. 3. Meet with the Board of Education and committees of the Board and/or Administration as necessary to formulate proposals, develop strategies and revise positions during the course of negotiations. 4. Serve as chief spokesperson at all bargaining sessions with the above mentioned employee organizations and perform whatever preparation and research is required to successfully conclude the negotiations process with those organizations. 5. Following the conclusion of negotiations, deliver to the Board a complete, ready-for-ratification draft of the modified contract between the applicable employee organization and the Board of Education. 6. It is understood that all negotiated commitments and/or contracts with any employee organization arising out of acts of the Labor Relations Counsel shall

4 not be binding whatsoever upon the Board of Education unless by formal resolution of the Board of Education. 7. Shall provide counsel on personnel related issues as it pertains to contractual and Federal and State labor laws. 8. Must have a minimum of five years experience in School Board Labor Relations legal consulting. 9. Provide professional education for all staff in areas of ethics and conduct as well as additional employment related subjects. 10. Presentation of status reports on pending matters. 11. Be able to represent the Board in arbitration matters. D. Scope of Service Labor Negotiations Related Legal Services The successful individual or firm will provide the Middletown Township Board of Education with labor related legal services relating to but not necessarily limited to: 12. Represent the Board of Education in collective negotiations for successor agreements with the District s four bargaining units. 13. Meet with the Board of Education and committees of the Board and/or Administration as necessary to formulate proposals, develop strategies and revise positions during the course of negotiations. 14. Serve as chief spokesperson at all bargaining sessions with the above mentioned employee organizations and perform whatever preparation and research is required to successfully conclude the negotiations process with those organizations. 15. Following the conclusion of negotiations, deliver to the Board a complete, ready-for-ratification draft of the modified contract between the applicable employee organization and the Board of Education. 16. It is understood that all negotiated commitments and/or contracts with any employee organization arising out of acts of the Labor Negotiations Counsel shall not be binding whatsoever upon the Board of Education unless by formal resolution of the Board of Education. 17. Must have a minimum of five years experience in School Board Labor Negotiations legal consulting. 18. Presentation of status reports on negotiations matters. The Middletown Township Board of Education shall award a contract to an individual(s) or firm(s) that best meet(s) the needs and interests of the Board. E. Qualifications of Respondents all submissions shall include the following minimum information: 1. Name of the individual(s) to be assigned to perform the tasks required. 2. Professional experience and education of the individual(s) to be assigned including a listing of experience with New Jersey Boards of Education. The Board is requesting a minimum of five (5) years of professional experience with New Jersey Boards of Education.

5 3. A statement concerning the ability of the firm/individual to perform tasks assigned by the Middletown Township 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 (4) professional references with addresses and telephone contact numbers. 8. A list of all New Jersey public school clients that have terminated services in the past two years. 9. A copy of your New Jersey Certificate of Employee Information Report approval pursuant to N.J.A.C. 17: et.seq. or a completed Form AA-302 Initial Employee Information report. 10. A copy of your New Jersey Business Registration Certificate. F. Contract Period: The initial term of the contract for this proposal shall be from July 1, 2016 through June 30, 2017, with renewals available for additional years. G. Format of Response: The Middletown Township Board of Education seeks from all participating respondents information that will assist the district in selecting the respondent who will provide the highest quality services at a fair and competitive price. All respondents shall prepare a presentation package to be submitted with the RFP. The following shall be included in the presentation package: 1. Transmittal Letter Each respondent shall submit a transmittal letter with the RFP that identifies the person submitting the proposal and includes a commitment by that person to provide the services required by the Middletown Township Board of Education. 2. Description of Services All respondents should list services to be rendered with their explanation in detail of how the services will be provided. Respondents by submitting a proposal acknowledge that they fully understand the scope of work, activity and service. 3. Qualifications and Relevant Experience All respondents shall submit evidence and documentation highlighting qualifications and experience they have that will assist the district in the evaluation and selection process. 4. Fee Proposal All respondents are to submit a fee proposal that compliments the service that is being requested. If the District requests an hourly, daily,

6 weekly rate of per case, per evaluation rate or even a lump sum rate, then the fee proposal submitted by the respondent must be the same. Fees for General Counsel and Litigation shall be submitted as follows: a. Retainer A monthly retainer amount for basic legal services which shall be for full compensation for the Attorney s attendance at all regular Board meetings, workshop meetings and special meetings, as directed by the Board or Superintendent; providing legal opinions and memorandum of law as required by the Administration or the Board, which do not pertain to anticipated or pending litigation; preparation and/or review of all legal documents including contracts, resolutions, all materials required for bond issues except for those which are provided by Special Bond Counsel, and such other materials as may be required; preparation for and appearance at such conferences, workshops, and other staff training activities as may be required; presentation of status reports on pending matters; and other work as may be assigned. This retainer shall be billed based on actual hours incurred at the proposed hourly rate(s), not to exceed the proposed total retainer amount. b. Additional Billable Basic legal services shall not, for billing purposes, include litigation, labor negotiations or labor contract administration, or matters assigned to the Labor Attorney or other counsel. Litigation shall be defined as all contested matters before courts, administrative agencies, and any other forum having jurisdiction over the Board, and the handling and resolution of disputes between the Board and any individual or entity where such individual or entity is represented by counsel and the dispute, if not resolved directly by the parties, would be within the jurisdiction of the Superior Court of New Jersey or the New Jersey Commission of Education. Litigation activities shall include the preparation of all pleadings, motions, reply papers, and supporting documentation; the preparation of briefs, including all necessary legal research; all necessary fact-finding and investigatory activities and the preparation of witnesses; the appearance for purposes of representing the Board in all applicable forums; and all other matters not included under paragraph a Retainer. Fees for Labor Related Legal Services shall be submitted as follows: c. A monthly retainer amount for basic labor related legal services which shall include preparation for and representation at collective negotiations with each of the Board s recognized employee representation organizations, with preparation to include drafting Board proposals and counter-proposals, the review of pertinent documents, and the preparation of final contract documents; preparation for and appearance at grievance proceedings arising out of any of the Board s agreements with recognized employee representative organizations; response to all labor-related inquiries including legal research and written opinions; preparation and appearance at any meetings of the Board, Board Committee meetings and

7 client conferences on labor-related matters as may be required; presentation of status reports regarding pending litigation and grievance arbitrations. This retainer shall be billed based on actual hours incurred at the proposed hourly rate(s), not to exceed the proposed total retainer amount. d. Additional Billable Basic labor-related legal services shall not, for billing purposes, include litigation, all work assigned to the Board Attorney or other counsel. Litigation shall be defined as all contested labor-related matters before courts, administrative agencies, and any other forum having jurisdiction over the Board, and the handling and resolution of disputes between the Board and any individual or entity where such individual or entity is represented by counsel and the dispute, if not resolved directly by the parties, would be within the jurisdiction of the Superior Court of New Jersey or the New Jersey Commissioner of Education. Litigation shall include preparation and appearance in arbitration and Fact-Finding hearings, preparation of all pleadings, motions, reply papers, and supporting documentation; the preparation of briefs, including all necessary legal research; all necessary fact-finding and investigatory activities and the preparation of witnesses; and the appearance for purposes of representing the Board in all applicable forums. Fees for Negotiations shall be submitted as follows: e. All respondents are to submit a fee proposal using the enclosed proposal form. 5. Letter of Transmittal The letter of transmittal is to be addressed and mailed to: Amy P. Gallagher, CPA School Business Administrator Middletown Township Board of Education 834 Leonardville Road, 2 nd Floor Leonardo, NJ Reminder: The Letter of Transmittal and the Presentation Package are to be submitted with the RFP package. H. Submission of RFP Package: The deadline to submit all RFP Packages is: Friday, June 10, :00 p.m.

8 I. Award of Contract/Selection Criteria: It is the intention of the Middletown Township Board of Education to award the contract(s) to the respondent(s) based upon relative experience, qualifications and who will provide the highest quality of service at fair and competitive prices. 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 Middletown Township Board of Education and references related thereto; and familiarity with the Middletown Township Public Schools; 3. Ability to perform the tasks in a timely fashion, including staffing and familiarity with the subject matter and the Middletown Township Board of Education; 4. Recent, current and projected work load of the individual or firm; 5. Thoroughness and completeness of the applicant s submittal; 6. Cost of proposal. The Middletown Township Board of Education shall award a contract to a firm or individual that best meets the needs and interests of the Board. J. Authorization to Work: No service shall be rendered unless the successful respondent receives an approved purchase order authorizing the respondent to render the service. K. Documents to be Submitted with the Proposal: 1. Affirmative Action Questionnaire 2. Stockholders Disclosure Statement 3. Vendor Questionnaire/Certification 4. New Jersey Business Registration Certificate 5. Chapter 271 Political Contribution Disclosure Form 6. Non-Collusion Affidavit L. Contracts: Upon notification of award of contract by the Middletown Township Board of Education, the successful respondent shall sign and execute a formal contract agreement with the Board of Education. The successful respondent shall sign and execute said contract and return it together with the documents required by the district such as but not limited to: 1. Professional Liability Certificate

9 2. Criminal History Background evidence 3. Other required documents as may be outlined in the proposal specifications. Within ten (10) days of receipt of notification of award of contract, the executed contracts and related documents must be returned to: Amy P. Gallagher, CPA School Business Administrator Middletown Township Board of Education 834 Leonardville Road, 2 nd Floor Leonardo, NJ M. Affirmative Action Requirements: Each respondent shall submit to the public agency, after notification of award but pre-execution of a goods and services contract, one of the following three documents: 1. Appropriate evidence that the respondent is operating under an existing federal approved or sanctioned affirmative action programs; or 2. A certificate of employee information report approval issued in accordance with N.J.A.C. 17:27-4; or 3. An employee information report (Form AA-302) provided by the Division and distributed to the public agency to be completed by the contractor, in accordance with N.J.A.C. 17:27-4. Please note: A completed and signed Affirmative Action Questionnaire is required with submission of proposal. However, the Board will accept in lieu of the Questionnaire, Affirmative Action Evidence stapled to the Affirmative Action Questionnaire form. If awarded a contract your company/firm will be required to comply with the requirements of N.J.A.C. 10:5-31 et.seq. and N.J.A.C. 17:27 et. seq. N. Business Registration Certificate (N.J.S.A. 52:32-44) Pursuant to N.J.S.A. 52:32-44 as amended by P.L Chapter 57, all respondents shall submit with their proposal package a copy of their New Jersey Business Registration Certificate as issued by the Department of Treasury of the State of New Jersey. Failure to provide the New Jersey Business Registration Certification with the proposal package may be cause for the rejection of the entire proposal. O. Termination of Contract: If the Board determines that the contractor has failed to comply with the terms and condition of the bid and/or proposal upon which the issuance of the contract is based or that the contractor has failed to perform said service, duties and/or responsibilities in a timely, proper, professional and /or efficient manner, then the

10 Board shall have the authority to terminate the contract upon written notice setting forth the reason for termination and effective date of that termination. Termination by the board of the contract does not absolve the contractor from potential liability for damages caused the District by the contractor s breach of this agreement. The Board may withhold payment due the contractor and apply same towards damages once established. The Board will act diligently in accordance with governing statutes to mitigate damages. Damages may include the additional cost of procuring said services or goods from other sources. The contractor further agrees to indemnify and hold the District harmless from any liability to subcontractors or supplier concerning work performed or goods provided arising out of the lawful termination of this agreement. P. Political Contribution Disclosure Statement Pay to Play: A business entity as defined by law is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A (P.L Chapter 2 section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity s responsibility to determine if filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement Commission. Q. Interpretations and Addenda: No interpretation of the meaning of the specifications will be made to any Respondent orally. Every request for such interpretation should be made in writing to the Business Administrator and must be received at least ten (10) days prior to the date fixed for the opening of Proposals to be given consideration. Any and all interpretations and any supplemental instructions will be distributed in the form of a written addendum to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18-21( c ) to the respondents by certified mail or no later than seven (7)days (Saturdays, Sundays and holidays excepted) prior to the date for acceptance of Proposals. All addenda so issued shall become part of the contract document. R. Subcontracting; Assignment of Contract: Contractors, services providers, and all vendors with whom the Board of Education has an executed contract may not subcontract any part of the any work done or consign a contract for goods or materials for the Board without first receiving written permission from the Business Administrator.

11 MIDDLETOWN TOWNSHIP BOARD OF EDUCATION PO Box 4170 Middletown, NJ (732) PROPOSAL FORM School District Board Legal Services Monthly Retainer as described in Section G(4)(a) Additional Billable as described in Section G(4)(b) Base Year Optional Year 1 Optional Year 2 July 1, July 1, July 1, 2018 June 30, 2017 June 30, 2018 June 30, 2019 The Respondent shall list on a separate sheet ALL ADDITIONAL COSTS IN DETAIL INCLUDING REIMBURSABLE AMOUNTS THAT THE BOARD SHALL BE EXPECTED TO PAY FOR THE NEXT THREE YEARS IN ADDITION TO ABOVE AMOUNTS IF APPLICABLE. The respondent, by signing this proposal form, acknowledges that he/she has carefully examined the proposal specifications and documents; and further acknowledges he/she understands and is able to render the scope of activity and services outlined in the proposal. Name: Address: PO Box: City, State, Zip Code: Federal Tax ID Number: Phone Number: ( Fax Number: ( ) Extension: ) Authorized Agent: Title: Agent s Signature: Date:

12 MIDDLETOWN TOWNSHIP BOARD OF EDUCATION PO Box 4170 Middletown, NJ (732) PROPOSAL FORM School District Labor Legal Services Monthly Retainer as described in Section G(4)(c) Additional Billable as described in Section G(4)(d) Base Year Optional Year 1 Optional Year 2 July 1, July 1, July 1, 2018 June 30, 2017 June 30, 2018 June 30, 2019 The Respondent shall list on a separate sheet ALL ADDITIONAL COSTS IN DETAIL INCLUDING REIMBURSABLE AMOUNTS THAT THE BOARD SHALL BE EXPECTED TO PAY FOR THE NEXT THREE YEARS IN ADDITION TO ABOVE AMOUNTS IF APPLICABLE. The respondent, by signing this proposal form, acknowledges that he/she has carefully examined the proposal specifications and documents; and further acknowledges he/she understands and is able to render the scope of activity and services outlined in the proposal. Name: Address: PO Box: City, State, Zip Code: Federal Tax ID Number: Phone Number: ( Fax Number: ( ) Extension: ) Authorized Agent: Title: Agent s Signature: Date:

13 MIDDLETOWN TOWNSHIP BOARD OF EDUCATION PO Box 4170 Middletown, NJ (732) PROPOSAL FORM School District Labor Negotiations Legal Services Hourly Rates for services described in Paragraph B Base Year July 1, 2016 June 30, 2017 Optional Year 1 July 1, 2017 June 30, 2018 Optional Year 2 July 1, 2018 June 30, 2019 The Respondent shall list on a separate sheet ALL ADDITIONAL COSTS IN DETAIL INCLUDING REIMBURSABLE AMOUNTS THAT THE BOARD SHALL BE EXPECTED TO PAY FOR THE NEXT THREE YEARS IN ADDITION TO ABOVE AMOUNTS IF APPLICABLE. The respondent, by signing this proposal form, acknowledges that he/she has carefully examined the proposal specifications and documents; and further acknowledges he/she understands and is able to render the scope of activity and services outlined in the proposal. Name: Address: PO Box: City, State, Zip Code: Federal Tax ID Number: Phone Number: ( Fax Number: ( ) Extension: ) Authorized Agent: Title: Agent s Signature: Date:

14 All proposals must be received no later than Friday, June 10, 2016 at 3:00 p.m. All Proposals are to be sent to: Amy P. Gallagher, Business Administrator, Middletown Township Board of Education, PO Box 4170, Middletown, NJ 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? (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.