MIDDLETOWN TOWNSHIP PUBLIC SCHOOLS
REQUEST FOR QUALIFICATIONS
School District Board, Labor and Negotiations Legal
Services
SPECIFICATIONS
PROPOSALS DUE:
.
June 10, 2016
3:00 p.m.
MIDDLETOWN TOWNSHIP PUBLIC SCHOOLS
OFFICE OF THE SCHOOL BUSINESS ADMINISTRATOR/BOARD SECRETARY
PO Box 4170, MIDDLETOWN, NJ 07748
(732) 671-3850 FAX (732) 291-1035
www.middletownk12.org
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, 2018. 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 2016-2017
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.
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
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.
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. 17:21-1.1 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,
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
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, 2nd Floor
Leonardo, NJ 07737
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, 2016
3:00 p.m.
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
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, 2nd Floor
Leonardo, NJ 07737
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. 2004 – 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
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-20.13 (P.L.
2005 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 email 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.
MIDDLETOWN TOWNSHIP BOARD OF EDUCATION
PO Box 4170
Middletown, NJ 07748
(732) 671-3850
www.Middletownk12.org
PROPOSAL FORM
School District Board Legal Services
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
Monthly
Retainer as
described in
Section G(4)(a)
Additional
Billable as
described in
Section G(4)(b)
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: ________________
) ________________________E-Mail: ___________________
Authorized Agent: __________________________Title: ____________________
Agent’s Signature: __________________________Date: ____________________
MIDDLETOWN TOWNSHIP BOARD OF EDUCATION
PO Box 4170
Middletown, NJ 07748
(732) 671-3850
www.Middletownk12.org
PROPOSAL FORM
School District Labor Legal Services
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
Monthly
Retainer as
described in
Section G(4)(c)
Additional
Billable as
described in
Section G(4)(d)
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: ________________
) ________________________E-Mail: ___________________
Authorized Agent: __________________________Title: ____________________
Agent’s Signature: __________________________Date:_____________________
MIDDLETOWN TOWNSHIP BOARD OF EDUCATION
PO Box 4170
Middletown, NJ 07748
(732) 671-3850
www.Middletownk12.org
PROPOSAL FORM
School District Labor Negotiations Legal Services
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
Hourly Rates – for
services described
in Paragraph B
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: _________________
) ________________________E-Mail: ____________________
Authorized Agent: __________________________Title: _____________________
Agent’s Signature: __________________________Date: _____________________
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 07748.
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.