Williamsville Central School District Request for Proposal For Legal Services February 28, 2018
Request for Proposal (RFP) for Legal Services for the Williamsville Central School District The information contained in this RFP for legal services is provided in ten sections. 1. Guidelines to Complete the RFP 2. District Overview 3. Scope of Services 4. Requirements for Professional Credentials and Experience 5. Requirements for Methodology to Provide Counsel 6. Requirements for Providing References 7. Proposal of Cost/Fees by Category 8. Evaluation Criteria 9. Services Subject to Weighted Evaluation Criteria 10. Required Summary Page of Costs/Fees by Category 11. Proposal Submission Requirements Guidelines to Complete RFP All completed Legal Service proposals MUST be returned to the Williamsville Central School District Business Office NO LATER than 4:00 P.M., Thursday, March 29, 2018. The District requests that each proposal include a summary page that lists all rates, fees and charges per account or service. The format for this summary page is in the Appendix. All RFP s submitted up to the deadline date will be reviewed by the Williamsville Central School District. Each RFP will be evaluated based on the dimensions provided in the Evaluation Criteria section of the RFP. Items that will be considered are Credentials, Experience, Methodologies, References and Fee Schedules. Appointment of a legal service firm(s) is tentatively scheduled to occur at the July Board of Education meeting. The appointment will be effective for the 2017-18 school year with successive school year approvals occurring at future July Board meetings. A decision to renew legal firm appointments will be decided by the Board of Education each year. If you have any questions regarding this RFP, please contact Thomas Maturski, Assistant Superintendent for Finance and Management Services at 626-8012. The District reserves the right to award services in total to one law firm or to award individual services to separate law firms based on the proposal or proposals that best meet District needs. 2
District Overview The Williamsville Central School District is located in Erie County in the State of New York. The school district is governed by the education law of the State of New York and all rules and regulations put forth by the New York State Board of Regents. The New York State Board of Regents provides for a local School Board of Education to govern the actions and programs of each school district in New York State. It is through this delegation of governance that the Williamsville Central School District Board of Education has authorized that a Request for Proposal (RFP) for Legal Services be developed and distributed to all interested and qualified legal firms. The Williamsville Central School District (WCSD) is the largest Central School District (CSD) in Erie County. For the 2017-2018 school year the district has a total enrollment of 9,934 students. The district contains thirteen school buildings and encompasses forty square miles, which provides education to portions of the towns of Clarence, Cheektowaga, and Amherst. The 2017-2018 school year budget for the Williamsville CSD is $186,135,210. The Williamsville Central School District is recognized as one of the best school districts in Western New York. The District has been consistently ranked by the Business First publication as one of the best school districts in our area for twelve straight years. 3
Scope of Educational Law Services The Williamsville School District is seeking legal services from a law firm(s) that will take all necessary steps to provide our District with excellent legal advice and defense while remaining sensitive to the issue of cost. The educational areas that services are requested for include, but are not limited to, the following: Board of Education Representation Human Resources Exceptional Education and Student Services Instruction Finance and Management Services. Attorneys in the law firm should be knowledgeable, experienced and up to date in the following Specific Educational Law Areas: School board liability Civil rights issues Employee rights EEOC matters Student rights Rights of students with disabilities Employee discipline and discharge School district unions and collective bargaining Contract administration and arbitration Recent and pending changes in federal and New York State laws, State Board of Education regulations, open meeting law State law affecting school budgets NYSTRS/NYSERS, federal and state laws/regulations pertaining to wages and benefits, and Commissioner of Education department regulations In addition to the specific educational law areas listed above the law firm representing the Board of Education will be expected to provide the following General Law Services: Administrative Contact Available for telephone and individual conferences with administrators, staff and board of education members as needed. In-Service Education Prepare and present, as requested, programs for administration to Board of Education members and staff on pertinent problem areas in school law. Informational System Provide periodic updates on administrative practice and board of education policy, including review of important court decisions and pertinent attorney general s opinions. Policy Audit Audit the policy handbook, administrative regulations and student/faculty personnel activities. Provide policy drafting and regular policy update recommendations. 4
Board of Education General Law Services Continued: Special Opinions Prepare legal opinions on education-related legal questions at the request of the Board of Education and the Superintendent. Legislative Services Monitor and review changes in public school law. Advise the Board of Education and Superintendent of legislative changes and necessary Board and administrative actions. Also, provide legislative drafting service for the Board. Other Services Review Board of Education agenda and attend Board of Education meetings when requested. Respond to other legal responsibilities and obligations of the Board of Education, such as real estate acquisitions, contract reviews and litigation, as requested. FOIL Services Provide the District with legal advice on how to properly respond to FOIL requests per the applicable law. Specific Educational Law Services Include: Human Resources Serve as a consultant and representative for labor negotiations, grievances, arbitration and improper practice charges. Investigate and prepare reports, recommendations and charges concerning employee misconduct and EEO matters, Employment Retirement System (ERS), Teacher Retirement System (TRS), certification tenure, and civil service issues. Consul with District staff concerning tax issues as they pertain to compensation related matters in the context of labor negotiations. Review and provide recommendations concerning selected Board policies. Exceptional Education and Student Services Provide advice and recommendations regarding special education placement and procedures, Superintendent s suspension hearings, student discipline, open enrollment, residency concerns, sports participation questions, confidentiality requirements and concerns, release of records, and response to subpoenas. Instruction Review Universal Pre-Kindergarten (Pre-K) contracts, various legalities from schools such as freedom of information requests and first amendment religion issues, intellectual property issues such as sale of teacher-designed instructional activities, textbook approval clarification and challenges to curricular or library materials. Finance & Management Services Intervene on the District s behalf in property assessment challenges, and the sale of district assets. Provide general counsel on lease agreements, general contract issues, construction contracts, finance compliance issues and liability issues prior to the involvement of the insurance company s counsel. 5
Proposal Structure The Williamsville Central School District will entertain proposals that service the above stated criteria. The District is providing each respondent the flexibility to make a proposal regarding their specific area of expertise as a well as a general all encompassing response. Possible proposal structure may include one or all of the items listed below: Retainer or contractual agreement for the completion of all of our District s General Educational legal fees. (Specify all legal services that would be included in a retainer) Retainer or contractual agreement for completing District legal work in an area of legal expertise. Case Litigation Plan Each proposal should also include an outline and explanation of your firm s Case Litigation Plan. The Case Litigation Plan would pertain to situations when a case is not covered under a retainer and or when the District s professional legal relationship with counsel does not involve a retainer. Each Case Litigation Plan should contain at least the following items: Case Budgets, Legal Case Assessments, and Monthly Status Reports. 6
Professional Credentials & Experience All proposals must include the following information in the order requested: 1. Please submit a brief description and history of your law firm including date established, number of employees and specialty services provided. 2. Please list the members of your firm who will be assigned to the School District, along with their professional credentials and resumes. (The District reserves the right to request a change in professionals assigned to the district over the term of an appointment). 3. Please list your firm s professional memberships in New York State and national law associations. 4. Please list the professional law journals/services to which your firm subscribes that relate to New York State public education and related topics. 5. Please list school law workshops and seminars that members of your firm have attended and or presented at in the past three years. 6. Please list the courts that members of your firm are admitted to practice in. 7. Please describe your firm s experience in the following legal areas: Federal and State Civil Rights Laws Rehabilitation Act (504) and Americans with Disabilities Act Federal law affecting public schools Constitutional issues such as due process and First Amendment New York State Education Law School Transportation in New York State New York State Contract, Real Estate, Public Officers, Finance, General Municipal Laws Student Rights, Superintendent s Hearings, Searches & Seizures, CSE & CPSE laws Regulations & Decisions of New York State Commissioner of Education Contingency Budgets in New York State Tort Liability of Schools Districts & Officials New York State Civil Service Law Discipline of Classified and Certified Employees Grievance Administration and Arbitration Administration of Collective bargaining Agreements in School Districts & the Taylor Law Tax issues pertaining to wages and benefits Tax certiorari proceedings including how you proceed in case review and when you recommend case settlement 7
Methodology to Provide Counsel 1. What provisions will your firm make to keep the School Board, Superintendent and other administrators informed of changes and decisions in state, local or federal laws, rules and regulations that affect the operation of schools? 2. What provisions does your firm have to provide for attendance, as needed, at Board of Education meetings? 3. What provisions does your firm have to provide telephone and individual conferences with the Superintendent and designated staff? 4. What provisions does your firm have for preparation of legal opinions on School District related legal questions at the request of the Board of Education, Superintendent or designated staff? 5. How does your firm address the timeliness of responses to requests to prepare legal opinions? 6. What provisions does your firm have to provide representation of the School District in litigation, arbitration, and administrative or legal proceedings and interventions in assessment matters? Request for References Please provide a current listing of school districts, municipalities and other public entities your firm has represented for at least five years, include dates of service. Also provide the names, business addresses and telephone numbers of the Board of Education President, Superintendent of Schools and other persons connected with such district or municipality familiar with your work. Do not include in your reference listing any school districts, municipalities or public entities where your firm is no longer the appointed law firm. Proposal of Costs/Fees by Category 1. Yearly retainer fee to include all services noted above except: preparation and closing of District financial borrowings; and issuance of letters of certification relative to borrowings and purchases. The yearly retainer fee shall include all reimbursables, such as but not limited to, telephone charges, mileage fees, copies, faxes, etc. and matters of research and advice prior to litigation that are subject to being within the parameters of services covered by the retainer. 2. Fees for litigation and other services not covered in items 1 & 2 above: a. Partner b. Associate c. Paralegal/Law Clerk d. Other 4. Specific Services Fees for services listed on the Summary Page. 5. Reimbursable expenses should be clearly stated in a firm s response. 6. Any additional fees/costs proposed by your firm. 8
Bond Counsel services will be considered separate from education law services Bond Counsel Services - Fees for the preparation of, documentation for, and supervision of the closing of District Financial Borrowings and issuance of letters of certification relative to borrowings and purchases. a. Issues up to one million dollars b. Issues over one million dollars c. Issuance of letters of certification relative to borrowings and purchases Legal Services (RFP) Evaluation Criteria Mandatory Evaluation Criteria The Legal Firm must be able to meet the following requirements: 1. Attorney-at-Law licensed to practice in New York State 2. Experienced in New York State Education Law 3. Experienced in Federal Education Law 4. Fee/cost schedule for services 5. School district references Weighted Criteria Evaluation Weighted Criteria Evaluation will be used to rate service requests listed on the next page. The point system to be used is listed below. Points will be assigned and tabulated for each proposal. Every proposal will then be reviewed for the services that they will provide to the District. Each proposal will be reviewed to determine if it meets the mandatory criteria; if so it will proceed to the second review level. The second review level will rank the proposals by their total point amounts and these proposals will be reevaluated against the needs that the District requires for Legal Services. The District will select the top proposals for a final comparison review and will contact each servicer and ask follow-up questions concerning their RFP. At this time the District may request individual meetings with the top finalists to allow them to clarify areas of their RFP. Based on the review and evaluation process discussed in this RFP, a decision will be made concerning awards of services. (0-8) Points Limited or does not meet district requests. (9-11) Points Extensive experience in one area but may not or has not demonstrated experience in all areas of request. Service proposal meets district request. (12-15) Points Exceptional experience and support for requested service. Service proposal exceeds district request. 9
Services Subject to Weighted Evaluation Criteria (This section is provided for informational purposes only) Service Description Points (0-8) Points (9-11) Points (11-15) Yearly retainer Bond Counsel Only District Financial Borrowings for up to $1,000,000 Bond Counsel Only District Financial Borrowings for over $1,000,000 Cost Partner Litigation Cost Associate Litigation Cost Paralegal/ Law Clerk Cost Student Hearings Experience in student hearings Experience in general educational law matters Experience in special education law Experience in American Disability Act law Experience in Board of Education law matters Experience in student attendance law matters Experience in education law pertaining to the instructional program Experience in board policy review and interpretation Attendance at Budget/Board of Education Election Attendance at Board of Education Meetings Labor Relations experience Case Litigation Plan Improper Practice Charges & Arbitration Experience in tax certiorari proceedings Consultation Hourly Rate if not included in retainer Other 10
Description of Cost/Fees by Category This Summary Page is required to be submitted with proposal Please complete your summary page in this format. Fill in all categories where applicable. Service Description Rates Fees/Costs Minimum Service Requirement Yearly retainer (District Requested) Bond Counsel Only District Financial Borrowings for up to $1,000,000 Bond Counsel Only District Financial Borrowings for over $1,000,000 Letters of Certification Partner Litigation Associate Litigation Paralegal/ Law Clerk Student Hearings Attendance at Budget/Board of Education Election Attendance at Board of Education Meetings Labor Relations Improper Practice Charges & Arbitration Consultation Hourly Rate if not included in retainer Other Service Specifications Please provide a record/history of total annual fees billed to school districts of 4,000 or more students to which your firm has provided services within the past three years excluding litigation and labor contract negotiations. Name of School District Total Annual Fees Name of Firm Signature
Proposal Submission Requirements: 1. Proposals must be received by 4:00 P.M., Thursday, March 29, 2018. 2. The District requests seven copies of a legal firm s proposal plus an electronic file of a firm s proposal. 3. A firm s response letter should state what legal services they are proposing to provide to the District. 4. A firm s response letter should state whether a firm s proposal includes a retainer. If a retainer is provided to the District it is requested that a summarization of retainer services be stated in the letter. 5. A firm s response letter should state how many years of experience their firm has in practicing education law in New York State. 6. A firm s response letter should list how many New York State school districts they currently appointed as district s general legal counsel. 7. A firm s response letter should list how many New York State school districts they currently working with in other legal areas that are not covered by the general legal counsel category. Please state the legal areas being provided to other school districts. 8. A firm s response letter should provide a paragraph that states the factual basis of their firm s expertise in New York State Education law. 9. Please include a completed Description of Cost/Fees by Category summary page in your proposal. A Word document copy of this page is available to prospective law firms upon request. Please contact Thomas Maturski to obtain this document. 10. A signature is needed at the bottom of the Description of Cost/Fees by Category summary page. 12