Accept the Proposals Submitted by Broad and Cassel and Hill, Ward & Henderson for Request for Proposal (RFP) #4743-TS Legal Services - Eminent Domain. The work will be assigned by the Chief Facilities Officer, in consultation with the School Board Attorney, taking into consideration the expertise required and circumstances of each assignment. (Business Division)

On March 1, 2006, the Purchasing Department, on behalf of the Facilities Division, issued a Request for Proposal (RFP) for Legal Services for Eminent Domain based upon specifications provided by the Planning and Siting Department. The purpose of this RFP is to establish qualified legal services for Eminent Domain for three years. Firms were asked to provide their knowledge/experience, experience of the primary individual, small business utilization, references and cost. Proposals were due on March 29, 2006.

The District notified 50 vendors online and received two (2) proposals within the proposed timeline (Attachment A). Proposals were received from Broad and Cassel and Hill, Ward & Henderson. The evaluation process included a committee of stakeholders representing the Facilities Division and included an Area Director (Attachment B). Prior to Phase I, Purchasing staff contacted references to assist the committee in determining which firms would advance. During Phase I, the committee evaluated the proposals on April 3, 2006, based on the RFP criteria. The committee elected not to hold oral presentations, Phase II, but to recommend award based on the results of Phase I evaluation. The committee reviewed key points as a group and individually rated each vendor for a final compilation (Attachments C, D and E). The fee schedule for the requested legal services is shown in attachment F. The initial term of the contract shall be for a three-year period with an effective date of May 3, 2006.

As stated in OPPAGA report: “Efficient purchasing and warehousing requires that management processes be in place to ensure that supplies, equipment and services vital to the school’s education mission are purchased from a competitive source, in the right quantity, delivered timely to the correct location, and stored in a secure location. These criteria should be met for each purchase without sacrificing quality.”

The average yearly total cost of attorney fees for all district legal services is $749,293 based upon the expenses for the past three years. Legal activity does vary from year to year in amounts and among the various legal disciplines based upon circumstances. The average expenses, paid for from operating budget dollars, have been paid for from budget dollars charged to the operation of the School Board. Legal costs incurred due to capital outlay matters including bond counsel, land use, real property, and construction litigation are charged to the appropriate projects in the capital outlay budget.

Contract Administration or evaluation is performed by the Project Manager (end user) and Purchasing Agent, who function as a team. Reviews are conducted face to face, typically quarterly, or by utilizing an online vendor performance report. Prior to soliciting a new contract, the Contract Administration team must first give consideration to the specifications and supporting data of the expiring contract.