United Tribes Technical College 3315 University Drive Bismarck, ND 58504 REQUEST FOR PROPOSALS General Counsel Legal Work RFP# UTTC LEGAL COUNSEL 2015 Proposal Due Date: Monday August 10, 2015; 2:00pm CT Location: Office of the President - 3315 University Dr. Bismarck, ND cfandrich@uttc.edu RFP Issuing office: Office of the President - 3315 University Dr. Bismarck, ND 58504 Contact: Charisse Fandrich Email: cfandrich@uttc.edu Phone: (701) 255-3285 x1719 --Or-- Leander Russ McDonald, President Email: lmcdonald@uttc.edu Phone: (701) 255-3285 x1256
Table of Contents Section 1: General Information Section 2: Purpose, objective and scope of work Section 3: General Terms and Conditions Section 4: Preparation of RFP Section 5: Submissions of Proposals Section 6: Disclaimer Section 7: Additional Information Section 8: Legal Advertisement Section 9: Required attachments for qualified submission Section 10: Items needed from awarded bidder 2
1. GENERAL INFORMATION Mission Statement United Tribes Technical College (UTTC) is dedicated to providing American Indians with postsecondary and technical education in a culturally diverse environment that will provide selfdetermination and economic development for all tribal nations. UTTC is run by the five federally recognized tribes in North Dakota. Vision Statement United Tribes Technical College is a premiere college, a leader in Tribal education, arts, cultural preservation, technology, research, and the humanities. UTTC foresees a campus community with state-of-the-art facilities. UTTC aspires to be self-sustaining in line with its mission for tribal self-sufficiency and self- determination. Most importantly, UTTC envisions skilled, knowledgeable, culturally-grounded, healthy graduates who will achieve their educational goals; empower their communities; and preserve the environment, tribal land, water, and natural resources. To more completely understand UTTC s history and vision for the future, please visit us at www.uttc.edu. 2. PURPOSE AND OBJECTIVE Purpose of RFP UTTC is seeking Statement of Qualifications/Proposals from law firms with experience and expertise in providing General Counsel legal services, particularly to public and private higher education institutions, and/or tribal colleges, and within the legal practice areas set forth herein. In addition, UTTC may select services that are more tailored to specific specialized legal needs. Scope of Work In additional to the written responses to this RFP and, if deemed necessary, UTTC may conduct individual interviews in order to select firms, which in the opinion of UTTC, are best suited to perform General Counsel legal services for UTTC. Proposers are advised to submit information on prior experience and expertise in each of the specified areas of legal practice thin which the firm has experience. If the firm is highly specialized and only wishes to submit information in a few categories, indicate so Proposers shall also state their ability to attend UTTC board meetings in Bismarck, ND as requested, and licenses to practices within the State of North Dakota. 3
Qualifications GROUP A (1) EMPLOYMENT LAW/HR Employee Benefits Employee Policy Manual Employee Salary & Compensation Employee Relations Employment Discrimination Affordable Care Act (ACA) Americans With Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) Family Medical Leave Act (FMLA) Fair Labor Standards Act (FLSA) Sexual Harassment Unemployment Insurance Claims ND DOL Wage & Hour Claims Wrongful Termination Workers Compensation (2) EMPLOYMENT CONTRACTS Breach Of Contract Contracts Drafting, Review, and Standardization (3) PURCHASING CONTRACTS/PROCUREMENT Purchase and Lease Contracts Vendor Actions (4) HEALTH CARE AND INSURANCE/BENEFITS Health Insurance related Coverages and Contract Language ERISA GROUP B (5) INDIAN LAW/SPECIALIZATIONS PL 93-638 contracts Contract Support Costs (CSC) negotiations/litigation IDC litigation (6) PUBLIC ENTITY LAW/BOARD OF DIRECTORS Board of Directors staffing 501(c)(3) entities Board Policies 4
(7) EDUCATION LAW College & University Law Special Education and Accommodation Review and Interpretation of Statutes, Regulations (8) MISCELLANEOUS ADR/Arbitration/Mediation Environmental Law/OSHA PRICING (9) Include estimates using both: monthly flat fee arrangement and hourly rate (10) Rates for General Counsel work versus specialized work (if a part of the applicants proposal) Applicants can apply for one, some, or all of the areas of legal scope in one or more Groups. UTTC will chose a legal team which best meets their legal needs based on the applicants. However, all proposals submitted for services requested must include a detailed description of experience and any other relevant information that would be beneficial in evaluating the proposal for each area listed as an area of interest in the applicants proposal. 3. GENERAL TERMS AND CONDITIONS UTTC does not discriminate on the basis of race, color, national origin, sex, religious preference, age, handicap, marital status, political preference, or membership or non-membership in an employee organization, except as allowed by the Indian preference provision of the civil rights act of 1964, as amended and UTTC Purchasing Policies and Procedures: Applying Indian preference - Indian preference shall be applied by the Purchasing Agent (PA) in choosing a vendor regarding any Purchase Request submitted for approval, in accordance with Section 7(b) of the Indian Self-Determination and Education Assistance Act, as amended. (Title 25, United States Code, Section 450e (b)) Section 7(b) provides in that preference may be given in the award of subcontracts and subgrants to Indian organizations and to Indian-owned economic enterprises, as defined in Section 1452 of Title 25, United States code. 5
4. PREPARATION OF RFP All costs related to the preparation and submission of the Request for Proposals shall be paid by the respondent. Issuance of this RFP does not commit UTTC, in any way, to pay any costs in the preparation and submission of the RFP. Nor does the issuance of the RFP obligate UTTC to award a contract or purchase any goods and services stated in the RFP. Timelines and Schedules: United Tribes Technical College intends to adhere to the following schedule in seeking responses to this RFP: July 20, 2015 July 20, 2015 July 27, 2015 August 3, 2015 August 10, 2015 August 31, 2015 First advertisement of RFP RFP is issued and available Second advertisement of RFP *Timelines & Schedules are subject to change. 5. SUBMISSION OF PROPOSALS Third advertisement of RFP Responses to RFP due to UTTC by 2:00 PM CDT Notice of contract award All Proposers should submit an original proposal, a copy of the proposal, and electronic version of the proposal (e-mail submission is permitted), cfandrich@uttc.edu, no later than 2:00 p.m. Central Daylight Time, August 10, 2015. Late proposals will not be accepted. The proposal shall be clearly marked with the RFP# UTTC LEGAL COUNSEL 2015. If you should have any questions regarding this Request for Proposals, email your questions directly to: 6. DISCLAIMER Questions: Contact: Charisse Fandrich Email: cfandrich@uttc.edu Phone: (701) 255-3285 x1719 Proposal Delivery Address: United Tribes Technical College Office of the President Attn: Charisse Fandrich 3315 University Drive Bismarck, ND 58504 Email: cfandrich@uttc.edu UTTC reserves the right to reject and/or all proposals. Owner will not be held liable for any mailing, shipping or other costs assumed by proposer. It is the proposer s responsibility to ensure delivery of proposal by time and date identified. UTTC recognizes the safety, health and wellbeing of our employees and guests as high priority in the daily functions of our College s 6
operations. To facilitate such activities UTTC, will comply with all governmental mandated rules and regulations as they apply to the work activities in our workplace. UTTC reserves the right to contact any Proposer for clarification of information submitted, to contact current and past customers of the Proposer and to use other sources of obtaining information regarding the Proposer, which may be deemed appropriate and that would assist in the evaluation. 7. ADDITIONAL INFORMATION UTTC reserves the right to contact any Proposer for clarification of information submitted, to contact current and past customers of the Proposer and to use other sources of obtaining information regarding the Proposer, which may be deemed appropriate and that would assist in the evaluation. Proposers are encouraged to present any information about additional features or services they believe makes their services the best choice for UTTC. References Provide names, addresses and phone numbers of three (3) references for whom/which you performed similar work in the past two years. 8. LEGAL ADVERTISEMENT United Tribes Technical College (UTTC), herein after referred to as the Owner, and is requesting quotes to select legal counsel. The owner reserves the right to hold legitimate bids for seven (7) days, to reject bids and to waive any irregularities when in the best interest of the owner and the owner shall incur no legal liability for the payment of any monies until the contract is awarded and approved by the proper authorities. Items necessary for the completion of the project and not included as bid items, shall be considered incidental to the overall bid. Bidder must have a license in the State of North Dakota. 9. REQUIRED ATTACHMENTS FOR QUALIFIED SUBMISSION Checklist 1. Original Proposal 2. Copy of original Proposal 3. Electronic version of Proposal (email version is permitted); cfandrich@uttc.edu 4. Certificate of signature page 10. THE AWARDED CONTRACTOR WILL PROVIDE 1. Proof of Malpractice Insurance 2. North Dakota Bar admission for Group A work 7
REQUEST FOR PROPOSALS - SIGNATURE CERTIFICATION PAGE RFP# UTTC LEGAL SERVICES 2015 REQUEST FOR PROPOSALS WILL BE ACCEPTED UNTIL THE TIME AND DATE LISTED IN THE COVER PAGE. THE REQUEST FOR PROPOSALS PACKAGE MUST BE SEALED AND PROPERLY MARKED WITH THE RFP NUMBER, DATE AND HOUR OF RFP OPENING AND RESPONDENTS RETURN ADDRESS. Company Name: Name (Type or Print) Title: Address: Telephone Number: Fax Number: E-Mail Address: The undersigned affirms that they are duly authorized to execute this RFP, that this bid has not been prepared in collusion with any other Offeror, and that the contents of this bid have not been communicated to any other Offeror or any employee of United Tribes Technical College prior to the official review of this RFP. THE SUBMISSIONS MUST BE SIGNED IN INK. UNSIGNED RFP WILL NOT BE CONSIDERED. Signature Date 8