REQUEST FOR PROPOSAL (RFP) Professional Public Education Legal Services for the School District of Janesville Release Date: Monday, August 6, 2018 RFP Response Deadline: Friday, August 24, 2018
The School District of Janesville (hereinafter SDJ ) hereby invites the submission of a proposal for: Professional Public Education Legal Services Proposals will be received until 2:00 p.m. on, Friday, August 24, 2018 in our offices at: All proposals shall be marked: Educational Services Center 527 S. Franklin Street Janesville, WI 53548 "PROPOSAL FOR PROFESSIONAL PUBLIC EDUCATION LEGAL SERVICES" The School District of Janesville ( SDJ ) reserves the right to waive irregularities and accept or reject any or all proposals, or any part of any proposal. PROJECT DESCRIPTION The increasing complexity of school district operations requires the frequent procurement of legal services. Consequently, the Board will retain an attorney or law firm with the understanding that it and the administration may choose to use other legal counsel depending upon the nature and circumstances of the legal matters to be addressed. The District s attorney must be admitted to the state bar and licensed in the legal profession. In addition, the attorney either will have supplementary training in school-related law and the role of the public school in society or will commit himself or herself to acquiring such knowledge within a reasonable time following appointment. It is the intention of these specifications that the law firm hereunder could be engaged to provide one or a variety of services, including but not limited to the following items: Administrative Contact Available for telephone and individual conferences with Administrators and the Board of Education. Counsel is expected to respond, at least verbally to be followed in writing, within a maximum of twenty-four hours when an inquiry is made by the Board or Administration; o Attend all regular meetings of the Board of Education and attend its meetings with committees or third parties upon request; Document Preparation Prepare all legal documentation as requested. In-service Education Prepare and present as requested in-service programs for administration, staff and board members on pertinent problem areas in school law; 2
Information Provide periodic updates on administrative practice and board policies, including the review of important decisions and attorney general s opinions; Policy Audit Upon request, audit the policy handbook, administrative regulations, student and faculty personnel activities and provide policy update recommendations and policy drafting assistance; Special Opinions Prepare legal opinions at the request of the Board and the Superintendent; Education Law - Matters pertaining to education law, specifically the laws affecting K- 12 education institutions; Wisconsin state education law and other federal, state, and local laws; common public education policies in the state of Wisconsin. Monitor and review changes in public school law enacted by the legislature and advise the Board and the Superintendent of the legislative changes and necessary Board and administrative actions; Labor Law - Matters pertaining to collective bargaining and all applicable laws related to labor/management relations in the public school setting; School Employment Law - Matters pertaining to non-collective bargaining and human resources law and policy including employee benefit issues; Student Services - Matters pertaining to student services including, but not limited to, special education, student discipline and residency; Nonprofit - Matters pertaining to both Wisconsin education service agencies and education foundations. Lawsuits Initiate and/or defend lawsuits as necessary and at the direction of the Board and the District s insurance company. Miscellaneous Attend to other legal responsibilities and obligations of the Board, such as contract law, real estate/construction law, experience with regulatory compliance, constitutional law, special education, environmental issues, litigation, grievance hearings, disciplinary and contract non-renewal hearings and expulsion hearings. PROPOSAL REQUIREMENTS 1. General a. Your response to the RFP should address, at a minimum, each of the items outlined above. You may add additional information that you deem to be appropriate. b. In order for the law firm to be considered, three (3) copies of your proposal must be received no later than 2:00 p.m. on Friday, August 24, 2018, addressed to: 3
Mr. Keith D. Pennington Chief Financial Officer/Assistant Board Treasurer School District of Janesville 527 South Franklin Street Janesville, WI 53548 c. The proposal must be signed by a representative of the law firm having authority to bind the firm in an agreement to supply the services in accordance with all terms and conditions specified herein. d. Your cost proposal must be submitted in accordance with Item #4. e. Questions seeking clarification or technical information should be submitted via e-mail to kpennington@janesville.k12.wi.us by 5:00 p.m. on Thursday, August 23, 2018. f. The SDJ does not assume any responsibility or liability for costs incurred by law firms responding to this RFP, or any subsequent requests for data, interview, etc., prior to issuance of a formal executed contract. g. The SDJ will only consider law firms that demonstrate ability and experience for services of similar nature and complexity. The district reserves the right to reject any or all proposals, or to award contracts in whole or in part. 2. Qualifications and Experience a. Provide a brief history and description of the law firm including a presentation of qualifications data, limited to not more than five pages, exclusive of resumes and other forms. b. Provide a summary of experience you have with School Districts. Identify specific qualifications which you believe especially qualify your law firm to perform this work and be the right partner for the SDJ. This would include experience with the following: 1. School district reorganization. 2. School district elections and referenda. 3. School district building programs or property acquisition (e.g., contracts, bonding, etc.). 4. Public employee bargaining (mediation/arbitration, labor law, WERC rulings, etc.) 5. Prohibited practice hearings before the WERC. 6. Litigation and lawsuits against school districts, school district personnel and Boards of Education. 7. Student rights, rules and regulations review, expulsion proceedings. 8. Hiring practices that are regulated by state or federal law (e.g., age discrimination, Title IX, EEOC, etc.). 9. Workers compensation events. 4
c. Provide a description, location, date of completion and client contact information regarding services carried out by your law firm within the last five years which are comparable in scope to the proposed project. The services must have been carried out by persons who will be assigned to this project. d. Provide the names and resumes of all professionals to be assigned to the project and identify the project manager or lead attorney that will be the SDJ s point of contact. e. Contact information for at least three pertinent references with which the law firm has provided legal advice for the specified services the SDJ is considering. f. What types of legal work would you have to have sent to a different law firm due to a lack of expertise in that area? To whom would this work be directed? What would be the fees for the outside work? g. Is your firm a member in the Wisconsin School Attorneys Association? h. Please include a current Certificate of Liability Insurance. i. Any other information that you believe would be appropriate. 3. Conflict of Interest Information a. The law firm must disclose any prior or current representations of (1) SDJ or (2) entities/individuals that may have interests that are, or are likely to become, adverse to the interest of SDJ. Additionally, please provide disclosure of any matter or relationship information which could impact a conflict analysis for the SDJ. Also please note the manner in which, if a conflict of interest exists, the manner in which said conflict of interest would be rectified, if said contract is awarded to the law firm. 4. Cost Proposal - Fee Structure a. Your proposal should clearly identify the job title or classification and hourly rate of all individuals to be utilized in the engagement based upon his/her area of legal expertise and classification. This would include outsourced legal work. b. Your proposal shall address the following items for the approximate two and one-half year term. 1. Fees for phone calls 2. Fees for e-mail and text messages 3. Fees for Board of Education or staff training 4. Complimentary services 5. Retainer fee arrangement (in addition to or as an alternative to an hourly rate) 6. Any other pertinent fees. 5
INSURANCE The law firm shall be required to maintain and carry in force, for the duration of the contract, insurance coverage of the types and minimum liability as set forth below: Professional Liability (including Errors and Omissions) $3,000,000 Coverage must remain in effect for a period of not less than two years beyond the termination date of the contract. If a claims-made form is used and a change of insurer occurs during the contract period, continuity of coverage must be maintained by either retaining the original retroactive date or exercising the extended reporting period endorsement option from the expired policy for a period of not less than two years, if the replacement insurer will not preserve the original retroactive date. Coverage shall be modified to include a Waiver of Subrogation Endorsement in favor of the School District of Janesville including its directors, officers, board members, agents, employees and volunteers. Commercial General Liability Coverage must be equivalent to ISO form CG0001 or better. The School District of Janesville shall be added as an additional insured using ISO form CG2026 or its equivalent. Coverage shall be modified to include a Waiver of Subrogation Endorsement in favor of the District including its directors, officers, board members, agents, employees and volunteers. The policy shall include independent contractors (owners/contractors protective) and contractual liability. Coverage shall apply on a primary and non-contributory basis. Coverage shall apply to the risks associated with or arising out of the services provided under this contract. Workers Compensation and Employers Liability Workers Compensation - Statutory Coverage Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee Coverage shall be modified to include a Waiver of Subrogation Endorsement in favor of the SDJ including its directors, officers, board members, agents, employees and volunteers. 6
Umbrella Liability $5,000,000 The Umbrella Liability insurance shall provide coverage excess of the Employer s Liability, Commercial General Liability and Auto Liability Coverages, including the amendments stated above. Cyber Insurance $1,000,000 Coverage shall include liability coverage for all damages, claims expenses, costs, fines and penalties related to unauthorized disclosure of personally identifiable information. Coverage shall include cost of notification, cost of identity protection and repair insurance for affected individuals. The SD J shall be added as an additional insured. General All policies should state that the SDJ be afforded a thirty (30) day written notice of cancellation, non-renewal or material change by any insurers providing the coverage required by the SDJ for the duration of the contract. Insurance companies must be acceptable to the SDJ and must have a current A.M. Best rating of A- VIII or better. Before entering into contract, the successful respondent shall furnish to the SDJ Business Office a Certificate of Insurance verifying all of the foregoing coverage and identifying the district as an "additional insured". Prior to any material change or cancellation, the SDJ will be given thirty (30) days advance notice by registered mail to the stated address of the certificate holder. Further, the district will be immediately notified of any reduction or possible reduction in aggregate limits of any such policy where such reduction, when added to any previous reductions, would exceed 10% of the aggregate. In the event of an occurrence it is further agreed that any insurance maintained by the SDJ, shall apply in excess of and not contribute with insurance provided by policies named in this contract. The certificate holder on the Certificate of Insurance shall be as follows: REVIEW AND SELECTION CRITERIA School District of Janesville 527 South Franklin Street Janesville, WI 53548 The SDJ will employ a structured, competitive evaluation process. All written proposals will be reviewed and discussed based on how well they address the specific needs of the SDJ as outlined in 7
this RFP. The SDJ may choose to use competitive negotiations to develop the final contract/agreement with the law firm whose proposal best suits the needs of the SDJ based upon the sole discretion of the SDJ. a. The review and selection criteria shall be based on the written proposals and responses during any interview sessions, if conducted. A listing of the criteria in the order of their importance is as follows: 1. Qualifications and experience with public education projects of similar scope or complexity. 2. Staff experience and competence. 3. Pricing scale of services. 4. Familiarity with the SDJ and the project area. 5. Approach. 6. References. SCHEDULE OF KEY EVENTS The following schedule shows the dates in the RFP process and is included to give a general idea of the proposal selection time frame. Event Date RFP Issued Monday, August 6, 2018 Deadline for submitting questions Thursday, August 23, 2018 Proposal Due Date Friday, August 24, 2018 at 2:00 p.m. Proposal Evaluation and Interviews/Presentations Monday, August 27 through of Selected Candidates Friday, September 7, 2018 Notification (approximate date) Friday, September 7, 2018 AGREEMENT The agreement will run for a period of approximately two and one-half years beginning on the date of acceptance. This period will end on June 30, 2021. The SDJ reserves the right to terminate the agreement at any time upon written notice to the law firm. QUANTITIES AND SERVICES Unless otherwise stated, the SDJ is not obligated, during the period stipulated, to purchase any or 8
all of its legal services specified therein from the law firm, and the law firm is obligated to supply the services that the SDJ requires for its operation. The successful law firm will be required to coordinate its services with the superintendent and/or his/her designee. FEES The fees submitted with this proposal shall be valid throughout the 2-year agreement with any subsequent 1-year fees negotiated prior to the start of each 1-year term. Thank you for your participation in this process. 9