Labor and Employment Legal Services RFP 2026-19.pdf

JOHN SAFFORD

MAYOR

JOANNE KIERNAN

COMMISSIONER OF FINANCE

BK KERAMATI

COMMISSIONER OF PUBLIC WORKS

TIM COLL

COMMISSIONER OF PUBLIC SAFETY

JESSICA TROISI

COMMISSIONER OF ACCOUNTS

City of Saratoga Springs, NY

Request for Proposal

PREPARED BY: Mayor’s Office August 27, 2026

ALL BIDS SHALL BE ENCLOSED IN A SEALED ENVELOPE MARKED:

RFP #: 2026-19 – Labor and Employment Legal Services

Name of Bidder:

RFP Opening: Tuesday, September 15, 2026 at 2:00 p.m.

AND RETURN TO:

City of Saratoga Springs Department of Accounts 474 Broadway Suite 14

Saratoga Springs, NY 12866

Labor and Employment Legal Services

Labor and Employment Legal Services: RFP #2026-19

RFP Opening: Tuesday, September 15, 2026 2:00 p.m.

NOTICE TO BIDDERS

The City of Saratoga Springs, New York, will receive sealed bids for Labor and Employment Legal Services. Sealed bids must be received in its’ entirety by the City of Saratoga Springs, Office of the Commissioner of Accounts, 474 Broadway Suite 14, Saratoga Springs, New York, 12866, by Tuesday September 15, 2026 at 2:00 p.m. at which time they will be publicly opened and read.

Copies of the Request for Proposal (RFP) may be obtained on the City’s web page at www.saratogaspringsny.gov, under current bids. There is no fee for these documents.

Addenda, if any, will be issued only to those persons whose name and address are on record with the City as having obtained a bid packet. Addenda to the bid, when issued, will be on file in the City Clerk’s Office at least five

(5) days before the bid opening date. If you have obtained a bid packet through the City’s web site and would like to be on record for any Addenda please email stefanie.richards@saratogaspringsny.gov with your name, the name of the bid packet obtained and email address.

Questions regarding the bid should be directed to Stefanie Richards in writing at stefanie.richards@saratoga springsny.gov. All bids must be made on the official bid form or an exact copy by reproduction thereof and enclosed is a sealed envelope.

No Bidder may withdraw his/her bid within sixty (60) calendar days after the actual date of the opening thereof. A Bidder may withdraw their bid response in writing immediately following this sixty (60) day per New York State Finance Law §163(9)(e). The City reserves the right to reject any and all bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or conditional bid documents per New York State Finance Law §163(9)(d).

INSTRUCTIONS TO BIDDERS

1. RFP DOCUMENTS

This document includes a complete set of the RFP specifications and required documents, which are for the convenience of Bidders and are not to be detached from the bid. Failure to submit the required forms at the time of bid submission may disqualify the bid submission.

2. INTERPRETATION OR ADDENDA

No oral interpretation will be made to any Bidder as to the meaning of the bid or any part thereof. Every request for such an interpretation shall be made in writing to the City. Any inquiry received seven (7) or more days prior to the date fixed for opening of bids shall be given consideration. Every interpretation made to a Bidder shall be in the form of Addenda to the bid, and when issued, shall be on file in the City Clerk’s Office at least five (5) days before bids are opened. All Addenda shall be emailed to each person whose name and address are on record with the City as having obtained a bid packet or has attended a pre-bid meeting. All such Addenda shall become part of the bid and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

3. BIDS

All bids shall be submitted on documents supplied by the City and shall be subject to all requirements of the bid, including any plans, and these Instructions to Bidders. All bids shall be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the bid documents by the Bidder. The City may consider as irregular any bid on which there is an alteration of or departure from the bid forms hereto attached and at its’ option may reject the same. Purchases by the City of Saratoga Springs are not subject to any sales or federal excise taxes.

4. NON-COLLUSIVE BIDDING AND VENDOR CERTIFICATIONS:

Each Bidder submitting a bid to the City for the work contemplated by the documents on which bidding is based shall execute and attach thereto, the Non-Collusion and Vendor Code of Conduct Affidavit on the form

RFP Opening: Tuesday, September 15, 2026 herein provided, to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted.

5. RISK AND SAFETY AGREEMENT AND CERTIFICATE OF INSURANCE:

Bidder must execute the Risk and Safety Agreement and include the agreement with the bid response submission. A Certificate of Insurance providing proof of the required insurance as outlined in the Risk and Safety Agreement with the bid response submission

6. APPRENTICESHIP PROGRAM:

The City of Saratoga Springs hereby requires any contractor on a project in excess of Two Hundred Thousand Dollar ($200,000.00) aggregate, at the time of bid date, or submission of quote, and prior to entering into a construction contract with the City of Saratoga Springs, or any sub-contractor on such a project with a sub-contract in excess of Fifty Thousand Dollar ($50,000.00) aggregate, at the time of bid date, or submission of quote, and prior to entering into a sub-contract with a contractor who has a construction contract with the city of Saratoga Springs on a project in excess of Two Hundred Thousand Dollar ($200,000.00)aggregate, to have apprenticeship agreements traditionally and historically appropriate for the type and scope of work to be performed, which have been registered with, and approved by, the New York State Commissioner of Labor, and which have a graduation rate of at least thirty percent (30%).

7. CORRECTIONS:

The Bidder must initial erasures or other changes in the bid.

8. RECEIVING BIDS:

Bids received prior to the advertised time of opening shall be securely kept, sealed. The City Clerk’s office, whose duty it is to open them shall decide when the specified time has arrived to open bids, and no bid received thereafter will be considered. LATE BIDS shall be rejected. E-mail or faxed bid submissions are not acceptable and shall not be considered.

9. OPENING OF BIDS:

At the time and place fixed for the opening of bids, the City shall cause to be opened and publicly read aloud every bid that was received within the time set for receiving bids. Bidders and other persons properly interested may be present, in person or by representative.

10. WITHDRAWAL OF BIDS:

Bids may be withdrawn on written request dispatched by the Bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided that written confirmation of withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for bid opening.

11. EVALUATION PROCESS:

After the bid opening, each Bidder’s proposal will be screened for completeness and conformance with the requirements for this bid submission as set forth under the Bidders Submittal Instructions. Written bid amounts are the legally binding bid amount. Numeric bid amounts are viewed as a convenience. Proposals that do not meet the City’s requirements, as outlined in the RFP, may be deemed nonresponsive and given no further consideration. Proposals meeting the City’s requirements shall be evaluated first on technical information (i.e.

operational plan, company background, staffing and personnel biographies, relevant experience, references) and then on the cost proposal.

RFP Opening: Tuesday, September 15, 2026

12. AWARD OF CONTRACT: REJECTION OF BIDS

If the contract is awarded, it shall be awarded to the responsive and responsible Bidder submitting the best value bid complying with the conditions and qualifications of the Notice to Bidders and Instructions to Bidders. The Bidder to whom the award is made will receive a "Notice of Award" at the earliest possible date.

The City, however, reserves the right to:

a. reject any and all bids and to waive any informality in bids received whenever bid packages are submitted incomplete without the required attachments and/or such rejections or waivers are in the City’s best interest;

b. consider as not responsible any Bidder who does not habitually perform with their own forces at least fifty percent (50%) of the dollar value of the work involved in the contract;

c. award the bid, in part, on the Bidder’s ability to provide timely technical assistance, part(s) replacement and service for repairs;

d. give preference to Minority Women Business Enterprise (MWBE) businesses; and/or

e. extend the contract for one (1) year from expiration under the same terms and conditions, with an option to renew for additional one (1) year terms, up to three (3) additional terms as long as the extension is agreeable to both the City and the Contractor.

13. EQUAL EMPLOYMENT OPPORTUNITY:

The City, state and federal government have stringent requirements for ensuring that all Bidders comply with regulations requiring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Bidders will be required to abide by those requirements.

14. AMERICANS WITH DISBILITY ACT:

The Bidder agrees to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Bidder agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Bidder. The Bidder agrees that accommodations will be provided upon request to allow individuals with disabilities to participate in all services, programs and activities provided by the Bidder.

15. CIVIL RIGHTS:

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §2000d to 2000d-4) and its regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement will provide the opportunity for disadvantaged business enterprises to be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

16. SEXUAL HARRASSMENT:

Every employer in the New York State is required to adopt a sexual harassment prevention policy giving all employees a legal right to a workplace free from sexual harassment. The City is committed to maintaining a workplace free from sexual harassment. Per New York State law, the City has a sexual harassment prevention policy in place. This policy applies to all employees, paid or unpaid interns and non-employees in our workplace, regardless of immigration status.

17. COMPLIANCE

Failure to comply with any of the above terms or any evidence of poor quality or service will be considered cause of discontinuing business with the successful Bidder.

RFP Opening: Tuesday, September 15, 2026

BIDDING SUBMITTAL INSTRUCTIONS

Failure to submit RFP documents as required may lead to an immediate disqualification.

In order to guard against premature opening of the bid documents, your bids must be returned and enclosed in a sealed and clearly labeled envelope as follows:

Step One: You MUST execute and include the following documents, one original and one copy of each, with your response:

Your response to the RFP in question (one original and one thumb drive) Non-Collusive Bidding and Vendor Code of Conduct Certification Risk & Safety Agreement and Certificate of Insurance

Step Two: Enclose your bid in a sealed envelope marked:

RFP #: 2026-19 – Labor and Employment Legal Services

Name of Bidder:

Bid Opening: Tuesday, September 15, 2026 at 2:00 p.m.

Step Three: Please return your response to this RFP to the following address:

City of Saratoga Springs Department of Accounts 474 Broadway Suite 14

Saratoga Springs, NY 12866

RFP Opening: Tuesday, September 15, 2026

STATEMENT OF SPECIFICATIONS: Labor and Employment Legal Services

The applicant shall advise and represent the City on labor and employment law matters on an as needed basis, including but not limited to, employee discipline, contract grievances, improper practice charges before PERB, arbitration, litigation and collective bargaining with the City's bargaining units.

LEGAL SERVICES

The applicant shall provide the following legal services on an “as-needed” or “on-call” basis for this project, and shall be provided at the direction of the Mayor, or his/her designee (Human Resources Administrator), including but not limited to:

A. Consultation of legal advice on all Human Resource practices/policies/programs/procedures as it relates to municipal government for the Saratoga Springs Fire Department

B. Consultation of legal advice on Human Resource matters within the Saratoga Springs Fire

Department

C. Review and/or preparation of draft Notice of Disciplines specific to the Saratoga Springs Fire Department

D. Research and interpret applicable state and federal laws related to Personnel and Labor administration specific to the Saratoga Springs Fire Department

E. Litigation pursued under NYS CSL Section 75 or defended at the direction of the City Council specific to the Saratoga Springs Fire Department

F. Involved in collective bargaining, contract administration, grievance procedures and arbitration matters specific to the Saratoga Springs Fire Department

G. General counsel specific to the Department of Public Safety’s Fire Department

The applicant is responsible for providing the City with detailed invoices outlining services rendered on a monthly basis.

PROPOSAL CONTENTS

The applicant, in its proposal, shall, as a minimum, include the following;

A. Legal Experience. The applicant should describe its legal experience, including the names, addresses, contact persons, and telephone numbers of at least three clients, preferably including clients similar to the City of Saratoga Springs. Experience should include categories as stated above under Legal Services.

B. Organization, Size, Structure, and Areas of Practice. If the applicant is a firm, it should describe its organization, size, structure, areas of practice, and office location(s). Indicate, if appropriate, if the firm is a certified WMBE. Also include copy of Equal Opportunity/Affirmative Action Policy, if the firm has one.

C. Attorney Qualifications. The applicant’s experience should include categories as stated above under Legal Services. The applicant should describe the qualifications of attorneys to be assigned to provide legal services to the City. Descriptions should include:

1. Professional and education background of each attorney.

2. Overall supervision to be exercised.

3. Prior experience of the individual attorneys with respect to the required experience listed above.

Only include resumes of attorneys likely to be assigned to provide legal services to the City’s municipal government. Education, position in firm, years and types of experience, and continuing professional

RFP Opening: Tuesday, September 15, 2026 education will be considered.

D. Compensation. The applicant's proposal is for a flat rate for the specified legal services on page 6 of these RFP documents. The flat rate proposal shall include all expenses such as legal research, copies, mailings etc. The flat rate proposal covers all legal services specified for the required legal services regardless of actual time or resources required.

RFP Opening: Tuesday, September 15, 2026

The specification herein states the minimum requirements of the City. All bids must be regular in every respect.

Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City may consider as “irregular” or “non-responsive” any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to enable the City to make a reasonable determination of compliance to the specification.

It shall be the Bidder’s responsibility to carefully examine each item of the specification. Failure to offer a completed bid or failure to respond to each section of the technical specification may cause the proposal to be rejected without review as “non-responsive”. All variances, exceptions and/or deviations shall be fully described in the appropriate section.

TOTAL FLAT RATE BID: $

TOTAL FLAT RATE BID WRITTEN:

COMPANY NAME:

ADDRESS:

Phone No. ( ) - (City) (State) (Zip)

E-MAIL ADDRESS:

AUTHORIZED SIGNATURE:

PRINTED NAME:

TITLE: DATE:

RFP Opening: Tuesday, September 15, 2026

City Saratoga Springs’ NON-COLLUSIVE BIDDING CERTIFICATION: Section §139(d) State Finance Law

By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and, in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and

(3) No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.”

A bid shall not be considered for award nor shall any award be made where (1), (2), (3) above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.

City Saratoga Springs’ VENDOR CODE OF CONDUCT

The City is committed to conduct business in a lawful, ethical and moral manner and expects the same standards from Vendors that the City conducts business with. The City requires that all Vendors abide by this Code of Conduct. Failure to comply with this Code may be sufficient cause for the City to exercise its rights to terminate its business relationship with the Vendor. Vendors agree to provide all information requested when necessary to demonstrate compliance with this Code. To promote a working relationship with the City based on ethical business practices, contractors, consultants, vendors and suppliers are expected to:

Not seek, solicit, demand or accept any information, verbal or written, from the City or its representatives that provides an unfair advantage over a competitor.

Not engage in any activity or course of conduct that restricts open and fair competition on City related projects and transactions.

Not engage in any course of conduct with City employees or its representatives that constitutes a conflict of interest, in fact or appearance.

Not offer any unlawful gifts or gratuities, or engage in bribery or other criminal activity.

Report to the City any activity by a City employee or contractor, consultant or vendor of the City that is inconsistent with the City of

Saratoga Springs’ Code of Ethics.

At a minimum, the City requires that all vendors, suppliers and their subcontractors will meet the following standards:

Agree to comply with all applicable local, state and federal laws, regulations, statutes, rules and procedures.

Set working hours, wages, and NYS statutory benefits and overtime pay in compliance with applicable labor laws.

Provide and treat workers with a safe and healthy work environment that complies with local, state and federal laws.

No person shall be subject to any discrimination in employment, including hiring, salary, benefits, advancement, discipline, termination or retirement on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, party affiliation or social ethnic origin.

Provide a working environment for employees to have the right to decide whether they want collective bargaining.

Ensure that subcontractors shall operate in a manner consistent with this Code.

Comply with all applicable environmental laws and regulations. Vendors, suppliers and subcontractors shall ensure that the resources and material they use are sustainable, are capable of being recycled and are used effectively and a minimum of waste. Where practicable, vendors, suppliers and subcontractors are to utilize technologies that do not adversely affect the environment and when such impact is unavoidable, to ensure that it is minimized.

The undersigned Vendor hereby acknowledges that it has received the City Non-collusive Bidding Certification and Vendor Code of Conduct and agrees that any and all of its facilities and subcontractors doing business with the City will receive the Code and will abide by each and every term therein. You the Vendor acknowledge that your failure to comply with any condition, requirement, policy or procedure may result in the termination of your business relationship with the City. You the Vendor may reserve the right to terminate this agreement to abide by the Code of Conduct at any time for any reason upon ninety (90) days prior written notice to the City.

Signature: Printed name:

Title: Date:

Company Name:

Company Address:

Subscribed to under penalty of perjury under the laws of the State of New York, this day of , 2026 as the act and deed of said corporation of partnership.