New Mexico Bidder s Number

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1 WAGON MOUND PUBLIC SCHOOLS PO Box 158 / 300 Park Avenue Voice: Fax: General Bid Conditions RFP # General Legal Counsel SEALED BIDS will be opened in the Board Room of the Zack and Eloisa Montoya Administration Building of the Wagon Mound Public School District, 300 Park Avenue, Wagon Mound, NM on June 19, 2018 at 2:00pm ACCEPTANCE OF CONDITIONS OF BID: NOTICE: TO BE A VALID BID, BID MUST BE SIGNED BELOW. The undersigned certifies that he/she has read and understood the following general conditions, and that the firm represented accepts the conditions and submits the attached bid in full compliance with the General Bid Conditions. Name of Firm Signature of Owner, Partner, Officer of Authorized Agent (NOTE: TO BE A VALID BID, VENDOR MUST SIGN HERE) Mailing Address of Firm Address City, State and Zip Code Telephone Number of Firm New Mexico Bidder s Number 1

2 WAGON MOUND PUBLIC SCHOOLS PO Box 158 / 300 Park Avenue Voice: Fax: GENERAL BID CONDITIONS All bids must be sealed and adequately identified on the face of the envelope as: Wagon Mound Public Schools RFP General Legal Counsel. All bids must be received by the procurement officer on or before June 18, 2018 at 4:30pm. It is anticipated that award will be made no later than June 20, The School District reserves the right to accept or reject any or all bids and to waive any formalities. This inquiry implies no obligation on the part of the District, nor does the District s silence imply any acceptance or rejection of any bid offer. No employee of the district shall have a direct financial interest in any contract with the District, nor shall an employee have a direct financial interest in the sale to the District of any land, equipment, supplies and materials or service. Any violation of this will render the contract void, unless such contract of sale is approved by the Board of Education after full disclosure. Bids will not be opened publicly but shall be opened in the presence of the procurement officer and/or one or more District official. Bids and modifications shall be time-stamped upon receipt and held in a secure place until the established due date. The following criminal laws of the State of New Mexico specifically prohibit bribes, gratuities and kick-backs; to NMSA 1978, and NMSA It is understood and agreed upon that the delivery date and/or date of service after award of contract is the offeror s best offer. In its acceptance, the School District is relying on the promised delivery date as material and basic to its acceptance. In the event the contractor fails to deliver as and when promised, the School District reserves the right to cancel its contract and offeror agrees that the School District may charge seller with any loss or expense sustained as a result of such failure to deliver as promised. In the event any service delivered hereunder is covered by any patent, copy-right, trademark, or application thereof, the seller will indemnify and hold harmless the School District from any and all losses, costs, expenses, and legal fees on account of any claims, legal actions, or judgments on account of manufacture, sale or use of such service or article violation, infringement or the like, or rights under such patent, copyright, trademark or application. The School District will not be responsible for any service performed without its purchase order or contract, signed by the authorized procurement officer. The contractor shall comply with all federal, state and local laws, ordinances and regulations pertaining to work under his charge and shall bear all expenses associated with such compliance. When gross receipts and local option taxes are applicable, they should not be included in the bid price, but should be shown as a separate amount on each billing or request for payment made under the contract. 2

3 This bid may be renewed annually for a period up to three (3) years by agreement of both parties. (The original year, plus renewal of three years, for a total of four years) Any agreement resulting from this bid may be terminated after a 30 day written notification to the operating address of either party. This RFP may be made available for use by other Education Institutions and Central Purchasing Offices within the State of New Mexico as called for in NMSA. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this agreement may be terminated by the contracting agency. The Contractor is required to carry general liability insurance in the amount of $1,000, and shall provide the District with a Certificate of Insurance. 3

4 WAGON MOUND PUBLIC SCHOOLS PO Box 158 / 300 Park Avenue Voice: Fax: SPECIFICATIONS RFP NO: General Legal Counsel OPEN DATE: June 19, 2018 at 2:00pm REQUEST FOR PROPOSAL GENERAL LEGAL COUNSEL The Wagon Mound Public School District invites qualified firms to submit proposals to provide the services mentioned above for the District. Interested parties should follow the formal outline as given on the following pages. Written proposals must be received in the Wagon Mound Public Schools Business Office by 4:30 pm, Monday June 18, Proposals should be clearly marked Wagon Mound Public Schools RFP General Legal Counsel and should be mailed to: Teresa Casias, Chief Procurement Officer Wagon Mound Public Schools Business Office Room 124 PO Box 158 / 300 Park Avenue Fax, ed or electronic proposals will not be accepted. Exceptions will not be made due to the fault of delivery systems. (USPS, UPS, Federal Express, etc.) All questions concerning this Request for Proposal may be directed to: Teresa Casias, Chief Procurement Officer Wagon Mound Public Schools PO Box 158 / 300 Park Avenue Phone: (575) Fax: (575) Wagon Mound Public Schools reserves the right to reject any and/or all proposals, to award the contracts for individual services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of the District. 4

5 The Attorney shall be required to perform all legal services for the District on an as-needed basis. Attorneys may submit proposals to provide services in General Counsel, Special Education, Labor/Personnel or for all service areas listed in the Request for Proposal (RFP). Counsel maintains a log of all cases and makes a semi-annual written report to the School Committee containing a statement of each case which has been settled, tried or otherwise disposed of during the year as well as those cases still pending with status of same. Selection of Offerors This will be a multiple award for firms specializing in public school and special education law experience. The final designation of firms will be made by the Wagon Mound Public School District Board of Education. The firm or individuals selected to perform the work and those not selected will be notified in writing by the District. SELECTION SCHEDULE Schedule is subject to change at the discretion of the District. RFP Release Date June 1, 2018 Questions from Vendors Due June 5, 2018 Responses to Vendor Questions June 7, 2018 Submittals Due June 18, :30pm MST Proposal Evaluation Period June 19, :00pm MST Notice of Short-Listed Offerors (if deemed necessary) June 19, 2018 Interviews (if deemed necessary) June 20, 2018 Recommendation to BOE of Successful Proposer June 20, :00pm MST Successful Proposer Notified June 21, 2018 SCOPE OF WORK 1. General Counsel Services to be provided: a. Provide advice and consultation with the Wagon Mound Public Schools Board of Education and the Superintendent in connection with their general and specific powers and duties. b. Be physically present on days of School Board meetings as required/requested and as needed. c. Be readily available for meetings with the Superintendent and School Board members as requested. d. Attend any or all meetings as requested. e. Provide advice with respect to all Constitutional questions. f. Advise the District of changes in state and federal laws and regulations, as well as court decisions, which will impact the District and advise appropriate action. g. Provide advice, consultation, and representation on student matters including discipline, attendance, adherence to rules and regulations, hearings and related proceedings. 5

6 h. Provide legal research and/or advisory opinions as needed. i. Provide staff training as may be identified. j. Provide other such services inherent in matters relating to the operation of a School District. k. Assist the District in developing contract templates for outside services as needed. l. Review contractual agreements as requested. m. Review and/or draft contracts and Inter-Agency agreements. n. Review and advise for legal notices, resolutions, Board policies, and matters of district governance as requested. o. 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. 2. Special Education Counsel Services to be provided: a. Review special education issues upon request and provide guidance. b. Represent the District in mediation as requested. c. Representation of the District at all stages of mediation including administrative law, commissioner, State Board, and court proceedings until due process filed by the parent/guardian. After which time, be available to consult with insurance appointed legal counsel. d. Serve as the District s liaison to the legal representatives/advocates of parents. e. Review special education contracts as requested. f. Provide advice, consultation, and representation in connection with the placement of special needs students. g. Any additional matters as direct by the District. 3. Labor/Personnel Counsel Services to be provided: a. Advise the District in legal matters with respect to labor relations and personnel administration. b. Review grievances with the administration and assist in writing administrative responses. c. Represent the District in all arbitrations, administrative proceedings, court proceedings, etc. involving labor relations or personnel administration. d. Participate in negotiations with bargaining units. e. Advise on proposed contract language and bargaining proposals. f. Advise the District on employment, employee discipline, seniority, tenure and other personnel administration matters. g. Develop possible salary guides in accordance with District guidelines. h. Prepare final contract documents upon settlement and ratification of tentative agreements. Services to be included in each of the service areas: Legal counsel and advice to the District and School Board. Timely advice and counsel on emergent matters. Counsel is expected to respond, at least verbally to be followed in writing, within a maximum of 24 hours upon inquiry. Written legal opinions upon request. Initiate and/or defend lawsuits as necessary. 6

7 Prepare all necessary legal documents. Work cooperatively with legal counsel of insurance companies, consortiums or other collective with whom the District may be affiliated. Represent the school district in all judicial and/or administrative proceedings within the specific service area in which the District or any of its School Board members, administrators or agents may be a party of have an interest. Provide written, timely notification to the District of changes in school law or state regulations, including court and administrative decisions that may impact the operation of the school district. Conduct in-service programs on specified legal issues for appropriate staff members upon request. Fulfill other legal duties as are commonly accepted and assigned. Four (4) originals of the proposal and supporting documentation shall be submitted to the District. Proposals must be in the format specified in Proposal Format section. PROPOSAL FORMAT Proposals must at a minimum, contain the following information, and be in the following order: 1. The name, address and phone number of the law firm or attorney, 2. The names of all attorneys who are associated with the firm or attorney and the nature of their association (partner, shareholder, associate, etc.). 3. An updated resume or profile of the law firm or attorney. 4. A statement that the law firm or attorney agrees to bill the Wagon Mound Public School District for attorney services in 0.1 hour billing units maximum rates established by the contract with the Wagon Mound Public School District. 5. A list of the attorneys that the law firm or attorney intends to assign to the performance of the contract. For each such attorney, provide the following information: a. Name; b. Area of law; c. Hourly rate; d. Date licensed in New Mexico e. A summary of the attorney's educational background, special training, and awards f. A summary of the attorney's general litigation experience; g. For each area of law listed in this Proposal Format section, Subsection 5 (b), a summary of the attorney's experience in that area; h. For each area of law listed in this Proposal Format section, Subsection 5 (b), a summary of the attorney's School Districts defense experience in that area. The District will only assign cases to attorneys who have been listed in this subsection and who have qualified for performance of the contract. 7

8 Please note that the District is requiring summaries in response to the Proposal Format section, Subsections 5 (e) through 5 (h). Please do not respond to these subsections by providing extensive or uninformative lists of cases. Indicate the hourly rate to be charged for each category of personnel or for each firm member. Also, indicate the charge for expenses such as telephone, copying, travel, (cost per mile, etc.) and time expended in travel. Gross receipts tax should be in addition to indicated charges at the time the invoice is submitted for payment. Discuss prior experience and qualifications related to accomplishing the scope of work outlined within this RFP. This portion of the proposal should demonstrate the extent to which the offeror is qualified to perform the scope of work outlined in the RFP. Attorneys either must have been licensed to practice for at least three years or must be associated with attorneys who have been licensed for three years and agree to supervise those who have not been licensed for three years. Provide resumes or other background information for each of the individuals. Proposals shall be limited to twenty (20) pages total, including title pages. EVALUATION The responsible offerors whose proposal is most advantageous to the District shall be selected to perform the services. The weight to be given to each of the evaluation factors is as follows: Points Evaluation Criteria 20 Size of firm, with preference for firms having three or more attorneys. 30 Experience with public school agencies with particular emphasis in school law and special education and administrative proceedings. Experience with legislative proceedings will also be considered as well as general litigation experience. 10 Hourly rates of the attorneys and other personnel expected to be involved in representing the District. 30 Ability to represent the District. 10 Proximity to and familiarity with the Wagon Mound Public School District. Status of Contractor The contractor and his agents and employees, are independent contractors performing professional services for the District and are not employees of the District. The Contractor and his agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the District, if any, by virtue of the contract. 8

9 Assignment The Contractor shall not assign or transfer any interest in the contract or assign any claims for money due or to become due under the contract without the prior written approval of the Wagon Mound Public School District. Subcontracting The Contractor shall not subcontract any portion of the services to be performed under the contract without the prior written approval of the District. Records and Audit The Contractor shall maintain detailed time records which indicate the date, time, and nature of services rendered. These records shall be subject to inspection by the District, DFA, and State Auditor. The District, DFA, and State Auditor shall have the right to audit billings both before and after payment. Payment under the contract shall not foreclose the right of the District to recover excessive and/or illegal payments. Product of Service; Copyright Nothing produced, in whole or in part, by the Contractor under the contract shall be the subject of an application for copyright by or on behalf of, the Contractor. Conflict of Interest The Contractor shall warrant that he has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the contract. The Contractor shall comply with the provisions of Section NMSA 1978, which require disclosure to the Office of Secretary of State of amounts received under state contracts when and if such provisions become applicable. Amendment The contract shall not be altered, changed, or amended except by an instrument in writing executed by Wagon Mound Public Schools and The Contractor and approved by the Wagon Mound Schools Board of Education. Merger The contract shall incorporate all of the agreements, covenants, and understandings between the parties thereto concerning the subject matter thereof. No prior agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in the contract. Applicable Law The contract shall be governed by the laws of the State of New Mexico. 9

10 Waiver The contract shall contain a provision that states that no waiver of any breach of the contract or any of the terms or conditions thereof shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid, alleged or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. Malpractice Insurance Contractor agrees to maintain legal malpractice insurance providing coverage in an amount no less than $1,000,000 per incident. (Proof of insurance shall be submitted with proposal). Procurement Terms and Conditions 1. Submit four (4) hard copies of the proposal with Wagon Mound Public Schools RFP General Legal Counsel clearly marked on the outside cover, and addressed to: Teresa Casias, Chief Procurement Officer Wagon Mound Public Schools PO Box 158 / 300 Park Avenue 2. Proposals must be received in the Business Office of Wagon Mound Public Schools by 4:30pm on Monday June 18, Proposals may not be withdrawn without written request. 3. All proposals shall be submitted in the same format as provided in the Proposal Format section of the RFP. 4. The District reserves the right to reject any and/or all proposals received by reason of this request, to award the contracts for individual services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of the District. 5. The basis for determining the firms to be interviewed, if it is decided interviews are necessary, will be the information supplied in written proposals. 6. Firms submitting a proposal in response to this RFP may be required to interview. The interview will be no longer than 60 minutes. 7. The District will not be responsible for any expenses incurred by a firm in preparing and submitting a proposal nor travel expenses associated with an interview or presentation. 8. All proposals shall contain a straightforward, concise delineation of the firm s fees and capabilities to satisfy the requirements of the request. All charges for Gross Receipt taxes shall be identified separately from other fees in the proposal. 10

11 9. Although Wagon Mound Public Schools reserves the right to require interviews by any or all firms, Wagon Mound Public Schools may make an award without discussion with any firm, after proposals are received. Proposals should, therefore, be submitted on the most favorable terms. 10. Questions about this proposal shall be directed to: Teresa Casias, Chief Procurement Officer Wagon Mound Public Schools PO Box 158 / 300 Park Avenue Phone: teresa.casias@wm.k12.nm.us 11. Any contractual agreement issued between Wagon Mound Public Schools and the successful firm shall be guaranteed for no less than one year with an option to extend for three (3) additional one-year periods, annually renewable, with the approval of the District and The Contractor. 12. Any contractual agreement may be terminated by either party at the end of the initial oneyear period by written notice to this effect and sent to the other party at least 30 days prior to the end of the one-year period. 13. No information produced as a result of any agreement or contract with Wagon Mound Public Schools can be released without the prior written consent of Wagon Mound Public Schools. 14. The attached CAMPAIGN CONTRIBUTION DISCLOSURE FORM must be completed and submitted as part of the proposal. 11

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13 CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections , et seq., NMSA 1978 and NMSA 1978, (2006), as amended by Laws of 2007, Chapter 234, a prospective contractor subject to this section shall disclose all campaign contributions given by the prospective contractor or a family member or representative of the prospective contractor to an applicable public official of the state or a local public body during the two years prior to the date on which a proposal is submitted or, in the case of a sole source or small purchase contract, the two years prior to the date on which the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor or a family member or representative of the prospective contractor to the public official exceeds two hundred fifty dollars ($250) over the two-year period. A prospective contractor submitting a disclosure statement pursuant to this section who has not contributed to an applicable public official, whose family members have not contributed to an applicable public official or whose representatives have not contributed to an applicable public official shall make a statement that no contribution was made. A prospective contractor or a family member or representative of the prospective contractor shall not give a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process or during the pendency of negotiations for a sole source or small purchase contract. Furthermore, a solicitation or proposed award for a proposed contract may be canceled pursuant to Section NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section NMSA 1978 if a prospective contractor fails to submit a fully completed disclosure statement pursuant to this section; or a prospective contractor or family member or representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. 13

14 THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: Applicable public official means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. Campaign Contribution means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official s behalf for the purpose of electing the official to statewide or local office. Campaign Contribution includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. Family member means a spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor; Pendency of the procurement process means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. Prospective contractor means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code [Sections through NMSA 1978] or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or small purchase contract. 14

15 Representative of a prospective contractor means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name(s) of Applicable Public Official(s) if any: (Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: Relation to Prospective Contractor: Date Contribution(s) Made: Amount(s) of Contribution(s) : Nature of Contribution(s) : Purpose of Contribution(s): (Attach extra pages if necessary) Signature Date Title (position) --OR NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. Signature Date Title (Position) 15

16 Proposals sent via USPS should be Mailed to the following address: Teresa Casias, Chief Procurement Officer Wagon Mound Public Schools Business Office Room 124 PO Box 158 Proposals sent via UPS, FedEx or Other Ground Carrier should use the following address: Teresa Casias, Chief Procurement Officer Wagon Mound Public Schools Business Office Room Park Avenue Questions regarding the mailing of this proposal should call or Teresa Casias