Shelby County Board of Education



Shelby County Board of EducationPost Office Box 1591155 West Main StreetShelbyville, KY 40066-0159(502) 633-2375 -----REQUESTS FOR PROPOSALS (RFP)-----Reference Number: LEGALRFPBid Title: Legal Services RFPSealed proposals are requested on the above-named services for delivery to the Shelby County Board of Education, Kentucky (henceforth referred to in this document as Shelby County Public Schools), subject to the conditions of this invitation. This Request for Proposal (RFP) is not competitive sealed bidding.GENERAL CONDITIONSThe following schedule presents the major activities associated with this RFP. There is no guaranteed date for the award of a contract, however an anticipated date of award is provided. The District reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.Release of Request for Proposals:November 6, 2020Proposal Questions Due:November 13, 2020Due date for Submission of Proposals:November 20, 2020 at 11:00 a.m.Opening of ProposalsNovember 20, 2020 at 1:30 p.m.Interviews-Week of November 30, 2020------------------Anticipated Date of AwardDecember 18, 2020*NOTE: All times referenced are in the Eastern Time Zone.Prior to submitting the proposal, questions shall be submitted via email to Dr. Sally Sugg, Superintendent (sally.sugg@shelby.kyschools.us) and copied to Jill Tingle, Chief Operating Officer (jill.tingle@shelby.kyschools.us), with “Legal Services RFP Question” noted in the subject line, no later than 3:00 p.m., Friday, November 13, 2020. All questions and responses will be posted on the Shelby County Public Schools website where this proposal is displayed by 5:00 p.m., Friday, November 13, 2020.The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with the Kentucky Model Procurement Code. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by school districts.An original copy of the completed proposal must be submitted in an envelope clearly marked on the outside with “Legal Services RFP”. Failure of a company to respond to an invitation to submit a proposal for two consecutive RFP notices may result in that company's name being deleted from the list to be sent future packages. For purposes of this condition, any company that submits a "NO PROPOSAL" response shall be deemed to have responded to the RFP.To receive consideration, proposals must be received in the Shelby County Public Schools central office prior to the time designated in this invitation, and none will be accepted afterward. Proposals shall not be accepted by fax or email.At the specified time and date stated in the RFP, all proposals which are in order, properly signed, etc., shall be opened and read aloud. Any interested parties may attend the proposal opening. No immediate decision shall be rendered at that time concerning the proposals submitted.The Board shall give formal consideration to these proposals at the next Board meeting after the proposals are opened provided time permits the tabulations to be completed by that date. The selection process shall be based on the lowest and/or best proposal basis. Past performance of those submitting proposals and overall quality of work shall be determining factors as well. Please note that under Model Procurement the Board may accept one or more contracts based on the needs of the schools. Proposals shall conform to the Detailed Specifications included in Addendum A.Proposals shall be evaluated based on the criteria described in the Detailed Specifications included in Addendum A. Signing the Legal Services Quotation Form, Addendum B, indicates that the method of evaluation is understood and the company submitting agrees to submit a proposal under these conditions and abide by the results.The contract shall be awarded for January 1, 2021 through December 31, 2021, with the option to renew annually if agreeable by both parties. Renewals are subject to the prior approval of the Shelby County Board of Education and adequate available funds.The District may terminate this contract if funds are not appropriated to the contracting District or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The District shall provide the contractor with thirty (30) calendar days’ written notice of termination of the contract.Proposals must be submitted on the form provided and signed by an officer or member of the company who is authorized to legally bind the company.In accordance with Federal Acquisition Regulation 52.209-5, the Contractor shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Contractor and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal District.“Principals”, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.Per KRS 45A.343, any contract entered into by a local public agency, whether under KRS 45A.345 to 45A.460 or any other authority, shall require the contractor and all subcontractors performing work under the contract to:(a) Reveal any final determination of a violation by the contractor or subcontractor within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the contractor or subcontractor; and(b) Be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the contractor or subcontractor for the duration of the contract.A contractor's failure to reveal a final determination of a violation by the contractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency's:(a) Cancellation of the contract; and(b) Disqualification of the contractor from eligibility for future contracts awarded by the local public agency for a period of two (2) years.A subcontractor's failure to reveal a final determination of a violation by the subcontractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency's disqualification of the subcontractor from eligibility for future contracts for a period of two (2) years.The Proposer shall submit any determinations pertaining to this section along with their proposal form.Any changes made on the proposal form (erasures, strikeouts, white-out, etc.) must be clearly initialed by the Proposer.The District reserves the right to waive defects and informalities in proposals, to reject any and all proposals, or to accept any proposal as may be deemed to be in its best interest and to award by item, combination of items, or lot.The District reserves the right to request additional information as may reasonably be required for selection, and to reject any proposals for failure to provide additional information on a timely basis.The District reserves the right to conduct discussions with any proposer who has submitted a proposal to determine the proposer’s qualifications for further consideration. Discussions shall not disclose any information derived from proposal submitted by other proposers.The Request for Proposals specifies the format, required information and general content of proposals submitted in response to the Invitation. The District shall not disclose any portions of the proposals prior to contract award to anyone outside the District, representatives of the District for whose benefit the contract is proposed, representatives of the Federal government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the District shall have the right to duplicate, use, or disclose all proposal data submitted by bidders in response to this Invitation as a matter of public record.Any and all documents submitted by a proposer in response to the RFP shall be available for public inspection after contract award. No such documents shall be exempt from disclosure under the Kentucky Open Records Act regardless of the vendor’s designation of the information contained therein as proprietary, confidential, or otherwise. Therefore, the District will not redact or withhold any documents submitted in response to the Invitation if a request to inspect these records is made.The District shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to the Request for Proposals, if applicable. Selection or rejections of the proposal will not affect this right.All proposals shall be effective from the date of opening until the date specified in the Detailed Specifications in Addendum A. No proposal may be withdrawn for a period of sixty days after the scheduled opening. Proposals shall remain in effect for a minimum of one year from the date the contract is awarded unless company states otherwise on the Legal Quotation Form. Any proposal that does not remain in effect for at least one year may be cause for rejecting that proposal.Samples requested must be furnished free of expense to the Board of Education and, if not destroyed or consumed in testing or evaluating or required in connection with the award, will be returned upon request at the Proposer's expense. Right is reserved to mutilate or destroy any samples if considered necessary for test purposes.When applicable, the firm, company, or manufacturer awarded the contract must have a representative available for on-site visits if a special need arises or if there is a problem with the services proposed.It is to be understood that the Proposer, if awarded an order or contract, agrees to protect, defend, and save harmless the Board of Education from any suits or demands for payment that may be brought against it for the use of any patented material, process, article or device that may enter into the manufacture, construction, or form a part of the work covered by either order or contract. Proposer further agrees to indemnify and save harmless the Board of Education from suits or actions of every nature and description brought against it for, or on account of, any injuries or damages received or sustained by any party or parties by, or for, any of the acts of the contractor, his servants, or agents.Federal Excise Tax or Kentucky Sales and Use Taxes are not applicable to any purchase made for use of the Board of Education. Bids should not include any such taxes. Purchase exemption certificates will be furnished as required.Proposer’s company is solely responsible for the collection and payment of any sales rmation pertaining to any item or condition in this request may be obtained by communicating with the Shelby County Board of Education Procurement Contact:PROCUREMENT CONTACTName:Dr. Sally SuggTitle:SuperintendentAddress:1155 West Main Street, Shelbyville, KY 40066Phone:502-633-2375Email:sally.sugg@shelby.kyschools.usIt is to be understood that the proposer shall, if awarded the contract, deliver the equipment, services, etc. in full by the date specified in the Detailed Specifications in Addendum A or within 90 days of the contract being awarded if no date is specified.The successful proposer is required to make initial contact with the Program Contact(s) listed below within 10 business days of notification of receiving award of the contract:PROGRAM CONTACTName:Jill Tingle Title:Chief Operating OfficerAddress:1155 West Main Street, Shelbyville, KY 40066Phone:502-633-2375Email:jill.tingle@shelby.kyschools.usThe proposer shall not commence any work until an award is made and a valid contract has been fully executed. The contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract.ADDENDUM ADETAILED SPECIFICATIONSSPECIFICATIONSShelby County Public Schools, serving approximately 7,000 students, with over 1,000 employees, and a $65 million General Fund budget, is requesting Proposals from individual attorneys or law firms willing to provide legal services and consultation to the Shelby County Board of Education, Kentucky, designated officers and employees. Using the Proposals received, the Board intends to establish a contract(s) with an attorney(s) who will be available to provide legal services on an as-needed and case-by-case basis during the contract term. The Board may contract with a single or with multiple individuals and/or firms to provide general/specialized legal services. Individuals and/or law firms interested in assisting Shelby County Board of Education, Kentucky with the provision of legal services must prepare and submit a Proposal in accordance with the procedures of this RFP. The Shelby County Board of Education will review Proposals only from those individuals and/or firms that submit a Proposal(s) which includes all information required to be included as described herein. An attorney whose work experience in this area is limited, should state what resources will be utilized as the attorney is gaining expertise in this area in order to serve the needs of the district. An attorney that is not able to attend meetings should explain what alternative arrangements for attending meetings will be made if attendance at meetings is required. The Board reserves the right to retain such other attorneys separate from this request for proposal from time to time as may be in the best interest of the district. All services listed in the “Scope of Service” are not required at all times. The lists are “as requested.”SCOPE OF SERVICEGeneral CounselAs requested:Provide advice and consultation with the Board of Education, the Superintendent and Key Personnel in connection with their general and specific powers and duties. Attend Board of Education Meetings, as requested. Provide advice with respect to all Constitutional questions. Provide advice, consultation, and representation with respect to issues related to pertinent Kentucky and Federal statutes. Provide advice, consultation and representation on student and all other district matters, including hearings and related proceedings. Provide such other services as are inherent in matters relating to the operation of a school district. Provide information on new federal and state laws that may impact the District operation and advise appropriate action. Assist the District in developing contract templates for outside services as needed. Review and assist in the negotiation of contractual agreements as requested.Provide advice and consultation related to implementation of board policies and procedures. Audit current policies and procedures, and employee handbook against applicable Kentucky and Federal Statutes and Regulations and, as appropriate, assist in drafting and/or revising policies and procedures that align to Kentucky and Federal Statutes and Kentucky Administrative Regulations.Prepare legal opinions on education-related legal questions at request of the Board and the Superintendent. ADDENDUM A (cont.)Monitor and review changes in the public school law enacted by the General Assembly and advise the Board and the Superintendent of legislative changes and necessary Board and administrative actions.Provide periodic updates on administrative practice and Board policy, including the review of importantcourt decisions and attorney general’s opinions.Human Resources ManagementAs requested:Provide advice, consultation and representation on issues involving District employees relative to: legal qualifications; teaching credentials and certificates, and other required licenses; proposed reduction in force and tenure questions; various forms of leaves of absence; substitute and part-time employees; and matters related to compensation. Provide advice, consultation and representation in grievances, complaints, tribunals, and demotion hearings. Provide advice, consultation and representation of the District with respect to the employment, discipline and dismissal of certificated and classified employees. FacilitiesAs requested:Provide advice, consultation and representation related to real property matters, including acquisition, disposition, environmental impact reports, leasing and construction of facilities, as well as contract and bidding requirements. Provide such other services that are inherent in matters related to school facilities. Special EducationAs requested:Provide advice, consultation and representation in connection with the placement of special needs students, including participation in hearings and representation in related administrative and judicial proceedings. Provide such other services as are inherent in matters related to the provision of services to special needs students. In-Service EducationAs requested:Prepare and present, as requested, training programs/workshops for administration, staff and Board members on pertinent problem areas in school law. Provide visual and/or handout materials on various topics as requested or appropriate. ADDENDUM A (cont.)Continuing EducationAs requested:The Board Attorney will be expected to attend appropriate annual seminars, workshops, and training related to education law. EVALUATION CRITERIA AND AWARD OF CONTRACTThe Shelby County Board of Education, Kentucky will review all proposals received from the proposers. The evaluation of proposals and the basis of award will be based on the review and analysis of numerous factors, which will include, but not be limited to, the following: Background and experience in providing work as identified in the Scope of Services section of this RFP. Note: An attorney whose work experience in this area is limited, should state what resources will be utilized as the attorney is gaining expertise in this area in order to serve the needs of the district. Qualifications of personnel. References of work done of similar nature. Costs, including hourly rates for all levels of service and personnel, travel time costs, and costs for support services of word processing, copying, etc. Upon evaluation of all submitted proposals, a limited number of Firms deemed most qualified to provide the requested legal services and within a competitive range may be invited to present their qualifications and respond to questions from the Board, or representatives of the Board, in an interview during the week of November 30, 2020.The Shelby County Board of Education, Kentucky will tentatively award the contract for Legal Services in an open meeting on December 17, 2020.RESPONSESContents for Response to Request For ProposalsIn order for proposals to be considered, said proposal must be clear, concise, complete, well organized and demonstrate both respondents' qualifications, and its ability to follow instructions. The quality of answers, not length of responses or visual exhibits is important in the proposal. The proposal shall be organized in the format listed below. Respondents shall read each item carefully and answer each of the following items accurately to ensure compliance with District requirements.A. Submittal Letter Include the RFP's title and submittal due date, the name, address, fax number and telephone number of the responding firm. Include a contact person and corresponding e-mail address. The letter shall state that the proposal shall be valid for a 60-day period and that the staff proposed is available immediately to work on this project. The person authorized by the firm to negotiate a contract with the District shall sign the cover letter. ADDENDUM A (cont.)B. Description of Firm This Section should provide an overview and history of your firm, and its practice in Kentucky, as well as the type of legal services for which your firm is submitting a proposal, and the approach that will be used in meeting the needs of the District. Please also include what areas of law are firm specialties. C. Description of Experience Use this Section to indicate the areas of expertise of your firm and how the firm's expertise will enable the District to benefit from that expertise. D. Team Please provide the names and resumes of staff who would be working with the District. Please indicate who the primary contact will be and who will be responsible for the day to day work with the District.E. Conflict of Interest Provide a statement relating to existing clients and whether current representation presents a conflict of interest with potential representation of Shelby County Public Schools. Respondent should also disclose any interests that may reasonably be foreseen to constitute a potential conflict of interest when representing Shelby County Public Schools and, if seeking a waiver, should detail the reasons the Respondent reasonably believes that associated attorneys will be able to provide competent and diligent representation to Shelby County Public Schools and Respondent’s existing clients and the measures the Respondent will take to protect Shelby County Public Schools from prejudice, and/or adverse or detrimental consequences if the waiver is granted. Consideration will be given to requests for waiver, however, Shelby County Public Schools shall be the sole decision-maker about whether a conflict exists between its interests and those of the Respondent’s other clients or the Respondent.F. Miscellaneous Please provide the following additional information: Include a sample billing statement. List any additional services that your Firm provides, but which were not listed in the Request for Proposals. Provide details of any litigation against your Firm within the last five (5) years. Include a copy of Firm's Professional Liability Certificate of Insurance. ADDENDUM A (cont.)PROPOSAL CHECKLIST□ Required Responses: o Submittal Letter o Description of Firm o Description of Experience o Team o Conflict of Interest o Miscellaneous □ Certificate of Insurance □ Quotation Form (2 Pages) ADDENDUM BLEGAL SERVICES QUOTATION FORMSHELBY COUNTY PUBLIC SCHOOLSPage 1 of 2Firm Name _______________________________________________________________________________Address __________________________________________________________________________________Telephone _______________________________________ Date __________________________________Printed Name of Proposer ________________________________ Title _____________________________Signature of Proposer ______________________________________________________________________The Proposer hereby acknowledges receipt of the following addenda as needed after the RFP question due date:Addendum No. _________ Dated ___________Addendum No. _______ Dated ________Addendum No. __________ Dated ___________ Addendum No. _______ Dated __________Describe in detail all fees to be charged, including hourly rates for each level of service. Describe how you might adjust your fees for subsequent years of the contract. Describe in detail, charges for travel, telephone calls, and any other expenses to be separately billed. Indicate how billings are specific for each area/case. Also, identify billing increments (i.e. 1/10 hour, % hour etc.).1. Do you require a retainer? Yes or No If yes, what is the retainer fee? $________________________ What services are included with the retainer? 2. Legal Services fee for Firm Partner Attorney $______________Hourly Rate 3. Legal Services fee for Associate Attorney $______________Hourly Rate 4. Legal Services fee for Paralegal $______________Hourly Rate ADDENDUM B (cont.)LEGAL SERVICES QUOTATION FORMSHELBY COUNTY PUBLIC SCHOOLSPage 2 of 2Describe billing for telephone calls: Describe charges for travel: Describe billing increments: Additionally, provide a list of any other expenses to be billed separately:Alternate Pricing for Retainer (Optional): Would you be open to a retainer? Yes or No If yes, what is the fee for the retainer? ___________________________ Please describe services that you would include with the retainer.Signature of Proposer: __________________________________________ Date: _______________ADDENDUM CContractor’s Employee or Contractor Affidavit of Nondisclosure – FERPA SHELBY BOARD OF EDUCATIONCONTRACTOR’S EMPLOYEE OR CONTRACTOR AFFIDAVIT OF NONDISCLOSUREContractor Name FORMTEXT ?????Title FORMTEXT ?????AddressTelephoneI understand that the performance of my duties as an employee of a contractor, or contractor, for the Shelby County Board of Education, may involve a need to access and review confidential information, including data protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing federal regulations found at 34 C.F.R. Part 99; that my request for access to this information will be evaluated under the federal and state requirements under FERPA; and, that I am required to maintain the confidentiality of this information and prevent any redisclosure prohibited under the law as stated below. Access to Confidential FERPA-Protected InformationBy signing this document I acknowledge my responsibility to maintain the confidentiality of this information and agree to the following:I will not permit access to confidential FERPA-protected or other confidential information to persons not authorized by the Shelby County Board of Education and its contractor. I will maintain the confidentiality of the data.I will not reveal any individually identifiable information furnished, acquired, retrieved or assembled by me or others for any purpose other than statistical purposes specified in the Shelby County Board of Education survey, project, or proposed research.I will report any known instances of missing data, data that has been inappropriately shared, or data taken off site to the Shelby County Board of Education and to the contractor.I understand that procedures must be in place for monitoring and protecting confidential information. I understand and acknowledge that FERPA-protected information obtained under provisions of FERPA, as a Shelby County Board of Education contractor’s employee or contractor, is confidential information.I understand that any unauthorized disclosure of confidential FERPA-protected information is illegal as provided in the FERPA. The penalty for unlawful disclosure is a fine of not more than $250,000.00 (under 18 U.S.C. 3571) or imprisonment for not more than five years (under 18 U.S.C. 3559), or both.I understand that any personal characteristics, that could make the student or his/her family’s identity traceable or re-identifiable, are protected.In addition, I understand that any data sets or output reports that I may generate using confidential data are to be protected. I will not distribute to any unauthorized person any data sets or reports that I have access to or may generate using confidential data. I understand that I am responsible for any computer transactions performed as a result of access authorized by use of sign-on/password(s).___________________________________________________________Contractor’s employee or contractor signatureDate____________________________________________________________Contractor’s authorized agent signatureDateADDENDUM C (cont.)Contractor’s Employee or Contractor Affidavit of Nondisclosure – Free and Reduced Price Lunch Information SHELBY COUNTY BOARD OF EDUCATION CONTRACTOR’S EMPLOYEE OR CONTRACTOR AFFIDAVIT OF NONDISCLOSUREContractor Name FORMTEXT ?????Title FORMTEXT ?????AddressTelephoneI understand that the performance of my duties as an employee or contractor, of a Shelby County Board of Education contractor, may involve a “need to know” confidential free or reduced price lunch information; that my request for access to this information will be evaluated under 7 C.F.R. 245.6; and, that I am required to maintain the confidentiality of this information as stated below.Access to Confidential Free and Reduced Price Lunch InformationBy signing this document I acknowledge my responsibility to maintain the confidentiality of this information and agree to the following:I will not permit access to confidential free and reduced price lunch information to persons not authorized by the Shelby County Board of Education and the Shelby County Board of Education contractor. I will maintain the confidentiality of the data.I will not reveal any individually identifiable information furnished, acquired, retrieved or assembled by me or others for any purpose other than statistical purposes specified in the Shelby County Board of Education survey, project, or proposed research.I will report any known instances of missing data, data that has been inappropriately shared, or data taken off site to the Shelby County Board of Education and to the contractor.I understand that procedures must be in place for monitoring and protecting confidential information. I understand and acknowledge that children’s free and reduced price meal and free milk eligibility information obtained under provisions of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq)(NSLA) or Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)(CNA) and the regulations implementing these Acts is confidential information.I understand that any unauthorized disclosure of confidential free and reduced price lunch information is illegal as provided in the NSLA and CNA and in the implementing of federal regulation 7 C.F.R 245.6. The penalty for unlawful disclosure is a fine of not more than $1,000.00 (under 7 C.F.R. 245.6) or imprisonment for up to one year (under 7 C.F.R. 245.6), or both.I understand that any personal characteristics, that could make the student or his/her family’s identity traceable, are protected.In addition, I understand that any data sets or output reports that I may generate using confidential data are to be protected. I will not distribute to any unauthorized person any data sets or reports that I have access to or may generate using confidential data. I understand that I am responsible for any computer transactions performed as a result of access authorized by use of sign-on/password(s).___________________________________________________________Contractor’s employee or contractor signatureDate____________________________________________________________Contractor’s authorized agent signatureDate ................
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