RFP 24-04_Panel of Legal Service Providers_Final.pdf

REQUEST FOR PROPOSAL (RFP) NO. 24-04

PANEL OF LEGAL SERVICE PROVIDERS

RFP PROPOSED SCHEDULE

RFP Posted Monday, February 26, 2024

Advertisement Monday, February 26, 2024 Monday, March 4, 2024

Questions regarding this RFP submitted to District by 2:00 pm PST Thursday, March 28, 2024

Questions and Answers posted to Website Tuesday, April 9, 2024

Proposer Responses Due by 2:00 pm PST Tuesday, April 23, 2024

Proposal Opening Tuesday, April 23, 2024

Interviews with Proposers Wednesday, May 15, 2024, to Friday, May 24, 2024

Notice of Intent to Award Friday, Monday, June 3, 2024

Board Date for Approval Wednesday, June 12, 2024

PROCUREMENT UNIT

Attention: Ms. Ramona Divinagracia 770 Wilshire Boulevard, 6th Floor

Los Angeles, CA 90017-3719

213. 891.2421

RFP 24-04

Table of Contents

1. INTRODUCTION

1.1. Purpose of Request for Proposal

1.2. About the District

2. GENERAL GOALS AND SCOPE OF SERVICES

2.1. General Goals

2.2. Scope of Services

2.3. Term of Contract

3. GENERAL INFORMATION AND GUIDELINES

3.1. District Contact Person

3.2. Internet Access to this RFP

3.3. Unauthorized Communications

3.4. Interested Parties

3.5. Proposer Clarifications

3.6. False Information

3.7. District Confirmation

3.8. No Joint Offers Accepted

3.9. District Determinations

4. INSTRUCTIONS AND GENERAL CONDITIONS

4.1. RFP Instructions and General Conditions

A. RFP Schedule

B. Proposal Submission and Opening

C. Meeting RFP Specifications

D. Proposed Information to be Accurate, Complete and Valid

E. Authorized Signatures

F. Authorization to Do Business

G. Requirements

H. Questions about RFP

I. RFP Addenda

J. Interpretation of Documents

K. Withdrawal/Proposal Irrevocable for ninety (90) Days

L. Exemption from Disclosure

M. Pre-Contractual Expenses

N. Subcontractors for Legal Support Services

O. Immaterial Defect in Proposal

P. Oral Communications

Q. RFP as Part of Final Contract

R. Proposed Contract

S. Exceptions/Deviations

T. No Commitment to Award

U. No Agreement Until Signed

V. News Releases

W. Use of District Employee’s Names

X. Adjustments to Contract

Y. Contractor Evaluation

Z. Termination or Cancellation

AA. Protests of an Award

BB. Other District Rights

5. PROPOSAL FORMAT AND CONTENT

5.1. General Introduction

5.2. Required Components of the Proposal

5.2.1. Required Format of Proposals

5.2.2. Required Content of Proposals

6. PROPOSAL EVALUATION AND CONTRACT AWARD

6.1. General

6.2. Evaluation Procedures

6.3. Evaluation Process

6.3.1 Evaluation Criteria for Written Proposals

6.3.2 Evaluation Criteria for Interview

6.4 Contract Award

6.5 Continuity of Contract

6.6 Additional Requirements as a Condition of Contract

Appendix A: Scope of Services/Description of Qualifications

Appendix B: Cost Proposal

Appendix C: List of Exhibits

Exhibit A: Non-Collusion Affidavit

Exhibit B: Certificate of Non-Discrimination

Exhibit C: Completed Confidentiality Agreement

Exhibit D: Acknowledgement of All Addenda Issued By The District

Exhibit E: Exceptions and Deviations to the Standard Form Agreement

Exhibit F: Russian Economic Sanctions Certification

Exhibit G: Certification of Small, Local, Emerging, And Disabled Veteran (SLEDV) Business

EXHIBIT H: Professional Services Agreement

EXHIBIT I: Guidelines for Legal Panel Firms on Class IV Matters

1. INTRODUCTION

1.1. Purpose of Request for Proposal

The purpose of this Request for Proposal (“RFP”) is to solicit proposals for four (4) separate panels of legal service providers for the Los Angeles Community College District (“District”) and select a single legal service provider to advise the District’s Citizen’s Oversight Committee (“DCOC”). Firms responding to this RFP will be evaluated for inclusion as a legal services provider for the District in its respective panel.

This RFP is intended to solicit responses from firms that will enter into a five (5) year contract to provide legal services for the District. Once under contract as a panelist, individual matters are assigned based upon expertise, particular skills and successes of the firm, financial considerations, and proposed strategies.

This RFP and all subsequent modifications thereto are hereby designated as the sole reference and authority for the preparation of proposals. This release of this RFP supersedes all other documents related to RFP 24-04 obtained from any source, either by written or verbal communications.

The competitive method used for this solicitation is a Request For Proposal (RFP).

Selection of a successful firm or firms (alternately referred to as "Proposer" in this RFP) will be made through competitive procurement procedures, which will include factors discussed in Section 3 of this RFP.

This RFP shall not be construed (1) to create an obligation on the part of the District to enter into a contract with any firm or (2) to serve as the basis of a claim for reimbursement of expenditures related to the development of a proposal. Proposers shall be solely responsible for any expenses incurred as a result of its submittal under this RFP.

1.2. About the District

The District was organized in 1969 and is governed by an elected Board of Trustees and is part of the statewide California Community College system. Members of the Board of Trustees are elected at large to serve four-year terms.

LACCD serves a population of over five million residents in Southern California within an area of 882 square miles of metropolitan Los Angeles and unincorporated areas of the County of Los Angeles.

The District extends from Agoura Hills in the western part of the San Fernando Valley to the City of San Fernando in the northeast. The service area includes Culver City on the western side of the greater Los Angeles basin, Monterey Park and San Gabriel on the east side as well as Palos Verdes Estates and San Pedro to the south.

In keeping with its mission, the District provides comprehensive lower-division general education, occupational education, transfer education, credit and non-credit instructional programs geared to meet the needs of the communities its colleges serve and which meet the changing needs of students for academic and occupational preparation, citizenship, and lifelong learning. The Accrediting Commission for Community and Junior Colleges, a division of the Western Association of Schools and Colleges, accredits each of the nine colleges.

The physical footprint of colleges ranges in size from twenty-two acres (Los Angeles Trade Technical College) to over four hundred fifty acres (Los Angeles Pierce College). Facilities include newly constructed classroom and instructional laboratory buildings, learning resource centers (libraries with specialized learning/tutoring centers) as well as original instructional buildings, parking structures, maintenance yards, athletic fields and gymnasiums.

In Fall 2021 the District employed more than 6,000 full-and part-time personnel and served about 156,000 full-and part-time students in the 2021-22 academic year. More information about the District and its colleges can be found online at:

https://www.laccd.edu/offices/business-services/contract-services/bids-proposals

The District maintains a $14.9 billion bond-funded building program which began in 2001 with Proposition A and since expanded with Proposition AA (2003), Measure J (2008), Measure CC (2016) and Measure LA (2022). The building program has provided state of the art learning environments at each of its nine colleges, which have also benefited the communities each college serves with improved facilities and athletic fields for recreational and competitive play.

2. GENERAL GOALS AND SCOPE OF SERVICES

The method used for this solicitation is a Request for Proposal (“RFP”). Selection of contractors will be made through competitive procurement procedures, which will include factors such as experience and fees to be charged, as discussed in Section 6. Proposal Evaluation and Contract Award of this RFP. The following general rules and information are applicable to this RFP.

2.1. General Goals

The LACCD welcomes a diverse pool of proposers to respond to the Request for Proposal as outlined above, with a strong preference for those with a demonstrable history of providing support to individuals and communities from diverse backgrounds, especially in service to educational institutions and higher education. This includes those firms that have received LGBTQIA certification by recognized municipal agencies.

2.2. Scope of Services

Please refer to Appendix A, Specifications of Services and Scope of Services.

2.3. Term of Contract

The contract awarded through this RFP is expected to be effective for a five (5) year period from August 1, 2024 to July 31, 2029. Either party may terminate the contract with no less than 30 days written notice of the intent to terminate the contract.

3. GENERAL INFORMATION AND GUIDELINES

This is a competitive Request for Proposal (“RFP”) conducted under the laws and regulations of the State of California applicable to the District. Proposers should carefully examine the entire RFP and be fully aware of the nature and quality of the services sought, as well as the conditions in providing such services. Proposers must fully comply with the instructions set forth below or their proposals may be rejected as non-responsive.

3.1. District Contact Person

The District Contact Person for this RFP is given below. Potential contractors who either:

(1) require clarification regarding the intent or content of this RFP; or (2) did not receive all of the materials must contact the District Contact Person. Contact regarding this RFP with any District representative other than the District Contact Person, or his/her designee, may disqualify the proposer. Requests for clarification shall be submitted in writing add date and may be posted on the District’s website, with the responses.

Ramona Divinagracia Procurement Specialist Los Angeles Community College District

Procurement Unit, 6th Floor 770 Wilshire Boulevard Los Angeles, CA 90017-3719

TEL: 213.891.2421

email: DIVINARF@LACCD.EDU

3.2. Internet Access to this RFP

All materials related to the RFP will be available on the internet at:

https://www.laccd.edu/offices/business-services/contract-services/bids-proposals

A Respondent who chooses to download an RFP solicitation will be responsible for checking the aforementioned web site for clarifications and/or addenda.

Failure to obtain clarifications and/or addenda from the website shall not relieve Respondent from being bound by any additional terms and conditions in the clarifications and/or addenda, or from considering additional information contained therein in preparing your Proposal.

Note: There may be multiple clarifications and/or addenda. Any harm to the Respondent resulting from such failure shall not be valid grounds for a protest against award(s) made under the solicitation.

All Respondents are responsible for obtaining all RFP materials.

3.3. Unauthorized Communications

Proposers shall not, prior to Award, contact or communicate, either verbally or in writing, with any of the following persons (other than the person named above) for the purpose of discussing the requirements of the RFP Documents or the RFP process: (1) any trustee, officer, employee, or representative of the District; or (2) any consultant, or employee of a consultant, providing the District with assistance, advice, or professional services relating to the matters covered by the RFP Documents or who is involved in any aspect of the RFP evaluation or scoring processes. Unauthorized communication by a Proposer in violation of the foregoing may result in disqualification.

3.4. Interested Parties

Providers who are advisors to the District in respect to the RFP process are not allowed to mailto:DIVINARF@LACCD.EDU submit, or participate in submission of, Proposals. A Proposer shall not participate in, or be “interested in,” more than one Proposal. For purposes o f this paragraph, “interested in” means having a managerial or financial interest in another Proposer or a Subcontractor to another Proposer. Notwithstanding the foregoing, a Subcontractor may be proposed as a subcontractor to more than one Proposer.

3.5. Proposer Clarifications

Without limitation to the District’s rights relating to the conduct and content of Negotiations, the District reserves the right, but assumes no obligation to, at any point in the RFP process to contact a Proposer directly, without notice to other Proposers, for purpose of obtaining clarifications of, or to address minor irregularities, informalities, or apparent clerical mistakes in, a Proposal (“Proposer Clarifications”). Where the District determines that there is a need and justification for seeking Proposer Clarifications, the District may request Proposer Clarifications from some Proposers and not other Proposers.

If Proposer Clarifications are sought from all Proposers, the questions asked may be different for each Proposer.

3.6. False Information

In addition to and without limitation upon any other requirements of the RFP Documents, the District reserves the right, but assumes no obligation, to disqualify any Proposer and reject any Proposal should District determine that any information submitted by the Proposer is false, incorrect, or materially incomplete.

3.7. District Confirmation

The District reserves the right, but assumes no obligation, to confirm through any means available to the District the truth, accuracy, or completeness of any information contained within the resumes or other information submitted by a Proposer or communicated by a Proposer or a Subcontractor during face-to- face communications with the District or its representatives or consultants administering the RFP process.

3.8. No Joint Offers Accepted

Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime/subcontractor basis rather than as a joint venture or informal team. For this engagement, “DISTRICT” intends to contract with an individual provider and not with multiple providers doing business as a joint venture. Accordingly, where two or more providers desire to join in preparing and submitting Proposals, they should do so on a prime- subcontractor basis, rather than as a joint venture or informal team. The provider acting as the “prime”, if it receives the Award, will enter into the Agreement with the District.

3.9. District Determinations

The District shall have the right to make all determinations and interpretations relating to the RFP Documents or the RFP process, including, without limitation, any Proposer’s compliance with the RFP Documents or its qualifications to participate in the RFP process, and all such determinations shall be final and binding.

4. INSTRUCTIONS AND GENERAL CONDITIONS

4.1. RFP Instructions and General Conditions

This RFP contains the instructions and conditions governing the requirements for a proposal to be submitted by an interested Proposer, the format in which the proposal is to be submitted, the material to be included therein, and the requirements that must be met.

Each Proposer should carefully examine the entire RFP and be fully aware of the nature and quality of the services sought by “DISTRICT” as well as the conditions in providing such services.

PROPOSALS MAY BE REJECTED AS NON-RESPONSIVE IF THE PROPOSER FAILS

TO FULLY COMPLY WITH ANY OR ALL OF THE INSTRUCTIONS OR CONDITIONS

SET FORTH IN THIS RFP.

A. RFP Schedule

RFP SCHEDULE

RFP Posted Monday, February 26, 2024

Advertisement Monday, February 26, 2024 Monday, March 4, 2024

Questions regarding this RFP submitted to District by 2:00 pm PST Thursday, March 28, 2024

Questions and Answers posted to Website Tuesday, April 9, 2024

Proposer Responses Due by 2:00 pm PST Tuesday, April 23, 2024

Interviews with Proposers Wednesday, May 15, 2024 to Friday May 24, 2024

Notice of Intent to Award Monday, June 3, 2024

Board Date for Approval Wednesday, June 12, 2024

The District reserves the right, at any time, to make adjustments in the form of additions, modifications or deletions to the RFP schedule. Such adjustments, if any shall be made by RFP Addendum. References in the RFP Documents to the RFP Schedule or to date in the RFP Schedule shall mean the RFP Schedule as so adjusted.

B. Proposal Submission and Opening

The proposer shall submit to the District one (1) printed original and ten (10) copies of its proposal, together with one (1) copy of a USB drive containing an electronic version of the proposal in Microsoft Word format, addressing each of the items in this RFP and must be received by the District no later than 2:00 p.m. on Tuesday, April 23, 2024. One of the copies shall be marked “Master” and contain original signatures in all locations requiring a signature. The remaining copies do not require signatures.

Proposals are to be enclosed in a sealed package displaying the proposer’s name and California Secretary of State Certificate of registration/Entity File number the words: “PROPOSAL RESPONDING TO RFP No. 24-04: PANEL OF LEGAL SERVICE

PROVIDERS”.

Mail or deliver proposals to:

Los Angeles Community College District, Procurement Unit 770 Wilshire Blvd, 6th Floor

Los Angeles, California 90017 Attention: Ms. Ramona Divinagracia Procurement Specialist

Submittals not conforming to the specifications of this RFP may be deemed non-responsive or result in points being deducted during evaluation.

Proposals must be received by 2:00 p.m., PST on Tuesday, April 23, 2024. Any proposals received after the time and date above may at the District’s sole discretion of the District, be returned unopen or set aside without consideration

Delivery of the proposal by the specified deadline is the sole responsibility of the Proposer to ensure that its proposal is delivered on time. If hand delivered, ample time should be scheduled for delays caused by downtown Los Angeles area traffic and parking.

District does not provide parking accommodations to proposers submitting proposals.

The District shall not be responsible for, nor accept as a valid excuse for late proposal receipt, any delay in mail service or other method of delivery used by the Proposer except where it can be established that the District was the sole cause of the late receipt.

Proposals submitted via fax, telephone or email will not be accepted.

Proposers may withdraw a proposal at any time prior to the proposal opening date of April 23, 2024 by submitting a written request to the District.

All proposals must be provider offers subject to acceptance by “DISTRICT” and may not be withdrawn for a period of 90 calendar days following the Proposal Submission Deadline. Proposals may not be amended once submitted to “DISTRICT”, except as permitted by “DISTRICT.”

C. Meeting RFP Specifications

The services offered by the Proposer must meet the specifications as described in this RFP. The District reserves the right to reject as non-responsive any proposal that does not meet the specifications as described in this RFP.

D. Proposed Information to be Accurate, Complete and Valid

The Proposer must provide information including, but not limited to, fees for all offered services based on the scope of services, which is set forth in Appendix A – Scope of Services.

Failure to do so may invalidate the proposal. The price must be accurate, complete and must be valid for the term of the agreement. The Proposer is responsible for the accuracy of the proposal submitted, and no allowance will be made for error or fee increases that the Proposer later alleges are retroactively applicable.

E. Authorized Signatures

Exhibits A through G must all be signed by the Proposer’s authorized signatory and must be submitted by the Proposer in the sealed envelope along with its proposal. The District is unable to accept any proposal submitted without these statements completed and signed by the Proposer’s authorized signatory.

F. Authorization to Do Business

All Proposers must be authorized to do business in California. If the Proposer is a corporation, it must be approved by the California Secretary of State to do business in California as shown by it having an “ACTIVE” status listed on the California Secretary of State website as of the date of submission of the proposal. The Proposer shall provide the corporate number issued by the Secretary of State with its proposal.

Each Proposer is required to possess at the time of submitting its Proposal, and at all times during the RFP process (and, in the case of the Proposer that receives award, at the time of award, upon execution of the Agreement, and at all times during performance of the Agreement) any licenses required by Applicable Law for the performance of the Agreement. For Example, a Proposer must be licensed to practice law in the State of California and must furnish its tax identification number.

G. Requirements

The Proposer shall be responsible for becoming familiar with the scope of services required by the District as set forth on pages of this RFP, and shall rely solely upon his or her own independent judgment, and not upon any statements or representations made by the District, whether express or implied. The failure or omission of any Proposer to acquaint himself or herself with the service requirements of the District shall in no way relieve any Proposer from any obligation with respect to this proposal or to the resulting agreement.

The submission of a proposal shall be taken as prima facie evidence of compliance with this section.

H. Questions about RFP

Proposers with questions regarding: (1) the intent or content of this RFP; or

(2) the competitive proposal process procedure, may request clarification by submitting written questions by email to: Ramona Divinagracia, at DIVINARF@laccd.edu on or before 2:00 p.m. Pacific Standard Time, Thursday, March 28, 2024. Please include “Questions Relating to RFP 24-04: Panel of Legal Service Providers” in the subject line.

mailto:DIVINARF@laccd.edu

Proposers are asked to submit all questions in writing by the questions deadline. LACCD shall not be obligated to answer any questions received after the above deadline or submitted in a manner other than as instructed above.

Written responses will be posted on the website: https://www.laccd.edu/offices/business-services/contract-services/bids-proposals and made available to all the proposers without identifying the submitter.

Proposers are instructed not to contact District personnel or its agents in any other manner concerning this RFP. Unauthorized contact, at LACCD’s sole discretion, will be grounds for disqualification of a proposer.

I. RFP Addenda

If it becomes necessary for “DISTRICT” to revise any part of this RFP or to provide clarification or additional information after the proposal documents are released, written addenda posted at the following website address: https://www.laccd.edu/offices/business-services/contract-services/bids-proposals

It shall be the responsibility of the Proposer to check the website or to appropriately inquire with “DISTRICT” for any addenda issued. All addenda issued by DISTRICT shall become part of the RFP and the Proposer shall acknowledge, in writing, receipt and incorporation of all addenda and clarifications in its response. Specifically, Proposer’s acknowledgement of the addenda must be declared in the proposal in Exhibit D.

Failure of the Proposer to receive addenda shall not relieve the Proposer from any obligation under its proposal as submitted. The Proposer shall identify and list in its proposal all addenda received and included in its proposal. The Proposer’s failure to identify and list in its proposal all addenda received and included in its proposal may be asserted by the “DISTRICT” as a basis for determining a proposal as non-responsive.

J. Interpretation of Documents

If any person contemplating submitting a proposal for the services proposed herein is in doubt as to the true meaning of any part of the proposal documents, or finds discrepancies in, or omissions from the documents, he/she may submit to the District a written request for an interpretation of correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the http://www.laccd.edu/Departments/BusinessServices/Contract-Services/Pages/Bids-And-Proposals.aspx https://www.laccd.edu/offices/business-services/contract-services/bids-proposals https://www.laccd.edu/offices/business-services/contract-services/bids-proposals proposal documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the proposal documents. No person is authorized to make any oral interpretation of any provision in the proposal documents to any Proposer, and no Proposer is authorized to rely on any such unauthorized oral interpretation.

K. Withdrawal/Proposal Irrevocable for ninety (90) Days

A Proposer may withdraw its proposal at any time prior to the proposal opening date of April 23, 2024 by sending the District a request in writing from the same person who signed the submitted proposal. As of the deadline for submittal, any proposal received by the District and not withdrawn becomes an irrevocable offer available for acceptance by the District immediately and for ninety (90) days thereafter. The Proposer is responsible for the accuracy of the proposal submitted, and no allowance will be made for errors or price increases that the Proposer later alleges are retroactively applicable.

L. Exemption from Disclosure

Proposals will remain confidential in their entirety until the evaluation and analysis process is complete and a recommendation of an award has been approved by the LACCD Board of Trustees. Proposals regarding specific cases or matters and performance under the contract shall be bound by the privileges for attorney-client communication and/or attorney work product. All proposals submitted will become the property of the LACCD.

The Proposer must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any Proposer claiming such an exemption must also state in the proposal that “the provider agrees to indemnify and hold harmless the Los Angeles Community College District, its Board of Trustees, Los Angeles Valley College, Los Angeles City College, East Los Angeles College, Los Angeles Harbor College, Los Angeles Mission College, Pierce College, Los Angeles Southwest College, Los Angeles Trade-Technical College, West Los Angeles College, and its officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a proposal to include such a statement will be deemed a waiver of any exemption from disclosure under the California Public Records Act. A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District. The Proposer’s identification of a document as “proprietary” or “confidential” does not automatically confer exclusion from disclosure under the California Public Records Act.

M. Pre-Contractual Expenses

Pre-contractual expenses are defined as any expenses incurred by the Proposer to:

(1) Prepare its proposal in response to this RFP; (2) Submit that proposal to “DISTRICT”;

(3) Negotiate with “DISTRICT” on any matters related to this RFP, including a possible contract; and (4) Engage in any other activity prior to the effective date of award, if any, of a contract resulting from this RFP. The “DISTRICT” shall not, under any circumstance, be liable for any pre-contractual expenses incurred by Proposers. All expenses including, but not limited to, pre-contractual expenses incurred by the Proposer in preparing the proposal shall be borne and paid for solely by the Proposer and shall not be included in their offers.

N. Subcontractors for Legal Support Services

Subcontracting of services for court reporting, registered legal photocopies and other legal support services necessary for providing legal services is permitted. Subcontractor services in excess of Five Hundred Dollars ($500.00) to be charged to the District must be approved by the District in advance and may be limited to District-identified vendors.

O. Immaterial Defect in Proposal

The District may waive any immaterial deviation or defect in a proposal. The District’s waiver shall in no way modify the RFP documents or excuse the Proposer from full compliance with the RFP if awarded the contract.

P. Oral Communications

Any oral communication by the District Contact Person or his/her designee regarding this RFP is not binding and shall in no way modify the RFP or the obligations of the District, Proposer and/or Contractor.

Q. RFP as Part of Final Contract

At the District’s discretion, the content of this RFP may be incorporated into the final contract.

R. Proposed Contract

The Proposer(s) selected for contract award through this RFP shall be required to enter into a written agreement with the District. The Standard Agreement for professional services presented in Exhibit H of this RFP is the contract proposed for execution. It may be modified to incorporate other pertinent terms and conditions set forth in this RFP, including those added by addendum, and to reflect the Proposer's offer or the outcome of contract negotiations, if any.

Exceptions and requested changes to the terms and conditions of the Standard Agreement, or the Proposer's inability or unwillingness to comply with any of the provisions of the Standard Agreement, must be declared in the proposal and will be considered as part of the proposal evaluation process.

S. Exceptions/Deviations

Any exceptions to, deviations from, or inability to comply with the requirements set forth in this RFP, or the terms and conditions contained in the Professional Services Agreement, must be declared in writing in Exhibit D within the proposal; and failure to do so will prevent Proposer from asserting its inability to comply with the terms or conditions later

on. Such exceptions or deviations must be segregated as a separate element of the proposal under Exhibit E - "Exceptions and Deviations to Professional Services Agreement." The District will make a good faith effort to consider contractual issues identified by providers and “DISTRICT” requires all proposing providers to similarly make a good faith effort to comply with the District’s sample agreement terms and conditions.

Proposals that mandate the use of provider standard services contract, rather than utilizing the District’s standard services contract will result in that provider’s proposal being judged non- responsive and these proposals will be rejected.

Proposals that reject the following integral provisions of the District's contract terms and conditions will be treated as a rejection of the District's contract and these proposals will be rejected.

Section 5 - Term of Agreement Section 15 - Family Educational Rights Privacy Act

(FERPA)

Section 16 - Governing Law Section 17 - Non-Discrimination Section 20 - Board Authorization

The Proposer’s attention is again directed to sections 12 and 13 of the Professional Services Agreement, which specify the indemnity clause and the minimum insurance requirements that must be met by the successful Proposer. The Proposer’s inability or unwillingness to meet these requirements as a condition of award of an Agreement must be stated as an exception in the proposal.

Exceptions or deviations which are in conflict with the District's terms and conditions may render the proposal non-responsive. In the event that exceptions and deviations to the Professional Services Agreement are requested after the contract has been awarded, the District may deem the proposal non-responsive and may disqualify the proposal at its discretion.

T. No Commitment to Award

Issuance of this RFP and receipt of proposals does not commit “DISTRICT” to award a contract. “DISTRICT” expressly reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one provider concurrently, or to cancel all or part of this RFP.

U. No Agreement Until Signed

No agreement with the District is effective until both parties have signed a contract and the District’s Board of Trustees has authorized the contract.

V. News Releases

News releases pertaining to any award resulting from this RFP may not be made without the prior written approval of the District.

W. Use of District Employee’s Names

The successful Proposer must agree not to use the names, office phone numbers, email addresses, and/or addresses of District employees for any purpose not directly related to this RFP.

X. Adjustments to Contract

All adjustments shall be proposed in writing by the District for approval prior to becoming effective. All required contract amendment(s) shall be issued by the District.

Y. Contractor Evaluation

Contractors (and its subcontractors, if applicable) will be evaluated periodically regarding their performance.

Z. Termination or Cancellation

The District reserves the right to terminate any contract awarded through this RFP by providing thirty (30) days’ written notice to the Contractor.

AA. Protests of an Award

Any Proposer that has provided a proposal to the District may protest the solicitation or award of a contract for violations of “DISTRICT’S” procurement policies or of laws and regulations governing “DISTRICT’S” procurement activities, provided the proposer has complied with PP-04-09, Bid Protest and Appeals.

In order to be considered, all protests must be in writing and filed with and received by “DISTRICT”, not more than five (5) business days following the date of issuance of the District’s Notice of Intent to Award with the contact below. Protests received by “DISTRICT” after this date will be returned to the sender.

The protest letter must state the basis for the protest and the remedy sought and should be addressed to:

Valencia M. Moffett Director of Business Services or designee Los Angeles Community College District 770 Wilshire Blvd, 6th Floor Los Angeles, CA 90017

Failure to timely file the proposal protest shall constitute grounds for the District to deny the proposal protest without further consideration of the grounds stated therein.

BB. Other District Rights

The rights, powers, and discretion expressly conferred upon the District under the RFP Documents are not intended to be exclusive but are cumulative and in addition to, and not a substitute for, every other right, power, or discretion existing or available to the District under the RFP Documents or Applicable Laws.

5. PROPOSAL FORMAT AND CONTENT

5.1. General Introduction

The proposal should provide a straightforward, concise description of the proposer’s ability to satisfy the requirements of this RFP. Emphasis should be placed on conformance to the RFP instructions, on responsiveness to the RFP requirements, and on completeness and clarity of the proposal’s content.

This RFP and the selected proposal response will become a part of any Agreement that is executed as a result of this RFP between the District and the Contractor. Any proposal attachments, documents, letters, and materials submitted by the proposer shall be binding and may be included as part of any final Agreement.

Each provider submitting a proposal must follow the instructions contained in this RFP in preparing and submitting its proposal. The proposing provider is advised to thoroughly read and follow all instructions. A proposal must contain all of the information in the order and format indicated below. All terms and conditions set forth in this RFP will be deemed to be incorporated by reference in their entirety into any response submitted by your provider.

Failure to comply with the rules/format set forth herein may result in rejection of the RFP response.

All proposals received and any information contained therein, are subject to disclosure in accordance with the California Education Code. Interested providers must respond to all of the questions listed below.

5.2. Required Components of the Proposal

5.2.1. Required Format of Proposals

In order to adequately compare and evaluate proposals objectively, all proposals must be submitted in accordance with the format below.

Failure to comply with the rules/format set forth herein may result in rejection of the RFP response.

In your proposal, please respond to each question by repeating the question at the top of the section and referring to the question by the numbers used in this RFP.

Proposals are to be submitted in 8 1/2” x 11” size, typed in a font size no less than 12 and submitted in paper form, single-sided, bound with a simple method of fastening.

Lengthy narrative is discouraged; presentations should be brief and concise and not include extraneous or unnecessarily elaborate promotional material.

Sections should be separated by labeled tabs and organized in accordance with subject matter sequence as set forth below. Each page of the Proposal must be numbered in a manner so as to be uniquely identified. Proposals must be clear, concise and well organized.

Supplemental technical information, product literature, and other supporting materials that further explain or demonstrate Provider's capabilities may also be included as addenda to a submitted proposal.

Proposers should use the following outline in organizing the contents of their proposals.

(See details in Section 5.2.2)

Cover Page Transmittal Letter Table of Contents

Specifications of Scope of Services Conflict of Interest References

Appendices Appendix A - Supporting Documents Appendix B - Authorization to Contract Appendix C - Cost Structure

Appendix D - Mandatory Documents to be Submitted in Response Appendix E - Additional Information

Sections should be separated by labeled tabs.

Failure to comply with the rules/format set forth herein may result in rejection of the RFP response.

5.2.2. Required Content of Proposals

This section prescribes the mandatory format for the development and presentation of a proposal. Each potential contractor must adhere to these requirements and submit all the following documents and data.

1. Cover Page

A cover page with the Proposer’s name, the title, “RFP 24-04: PANEL OF LEGAL SERVICE PROVIDERS” and submission due date and time. The Proposer should provide the corporate number issued by the California Secretary of State. (Please see 4.F Authorization to Do Business.

2. Transmittal Letter

The transmittal letter shall briefly summarize the potential contractor’s ability to perform the services specified in the RFP. The letter shall also state the potential contractor’s willingness to perform the work outlined in the RFP and to enter into a formal contract with the District. The letter of transmittal must, at a minimum, contain the following:

Identification of the offering vendor(s), including name, address email address and telephone number;

An acknowledgement of RFP addendum and/or addenda, if any;

During the evaluation process, District staff may have questions about a proposal. Each potential contractor shall make available a representative for answering specific questions, either orally or in writing, including: name, title, address, telephone number and email address of contact person during period of proposal evaluation

A statement that the proposal shall remain valid for a period of not less than three (3) months, (90 days), from the due date for submittal.

Identification of any information contained in the proposal which the proposer deems to be, and establishes as, confidential or proprietary and wishes to be withheld from disclosure to others under the California Public Records Act

A blanket statement that all contents of the proposal are confidential or proprietary will not be honored by the District.

• Signature of a person authorized to bind the offering provider to the terms of the proposal.

• Name and address of operating provider, names of owners or principals of provider. Also includes a completed W-9.

3. Table of Contents

Immediately following the transmittal letter, include a complete table of contents with page references for the principal sections for materials included in the proposal.

4. Response to Specifications and Scope of Services

A. Proposals and Related Experience

This section should establish the ability of the proposer to satisfactorily perform the required work by reasons of: demonstrated competence in the services to be provided;

nature and relevance of similar work recently completed for other clients; record of meeting schedules and deadlines on other projects; competitive advantages over other firms in the same industry; strength and stability as a business concern; and supportive client references.

Specifically include:

• Background information about your firm, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation), number and location of offices, principal lines of business, number of employees and other pertinent data. Disclose any conditions (e.g., bankruptcy or other financial problems, pending litigation, planned office closures, impending merger) that may affect your firm’s ability to perform contractually. Certify that the firm and its principals are not debarred, suspended, or otherwise declared ineligible to contract by any federal, state, or local public agency, or declare and explain any such status.

B. Proposed Staffing and Project Organization

This section should discuss the staff of the proposing firm who would be assigned to work for LACCD. Demonstrate that the firm has professional personnel, by identifying the key parties to perform under contract with LACCD and by providing their resumes. Please indicate years of experience both on a firm and an individual basis. The evaluation will consider amongst other factors length of practice, education, training, relevant experience and longevity with the firm.

C. See Appendix A: Description of Qualifications D. See Appendix B: Cost Proposal E. Reporting

Each proposal should specify the potential contractor’s capability and readiness to provide electronic reports in lieu of traditional mail and telephone calls. The District is a single legal entity with nine colleges and one Office of General Counsel, which serves as the primary source for legal services for the colleges and central office staff. Each proposal should identify how the potential contractor will ensure (a) consistency of advice to the various people involved, including but not limited to, the Chancellor, General Counsel, Vice Chancellors and College Presidents and (b) documentation or reporting of advice given in order to ensure that the appropriate people are aware of issues being presented.

5. Conflict of Interest

The potential contractor should identify whether any conflict of interest or known potential conflict exists regarding (1) the District, (2) Jacobs, the current Program Manager for BuildLACCD, (3) any College Project Teams or (4) other parties representing a conflict of interest in providing legal services to the District.

6. References

A minimum of four (4) references to be included with contact names and information are required.

6.1 List of business clients—especially community colleges and school districts— to which your firm has provided similar services in the past three years.

Specifically, include the following: name and address of organization, description of work and date performed, contact name/title/phone numbers/email address.

7. Appendices to be Included in Proposal

7.1. Appendix A - Supporting Documents: Furnish as appendices those supporting documents (e.g., certificates of insurance, staff resumes; include a completed W-9, Request for Taxpayer Identification Number) requested in the preceding instructions.

7.2. Appendix B - Authorization to Contract. Provide pages as necessary. Provide either an excerpt from your Corporate Resolution, Certificate of Secretary, or correspondence from the Chief Executive Officer or chairperson attesting that the individual signing the proposal has the authority to make binding representations on behalf of the financial institution.

7.3. Appendix C - Cost Structure - Provide your Cost Proposal/Schedule of Fees All Proposers are required to use Appendix B, Cost Proposal to be submitted with their Proposal. Proposals shall be valid for a minimum of ninety (90) days following submission.

Overview: This section should disclose all charges to be assessed the District and to be generated from the District’s Scope of Work.

Quote an annual total fixed flat fee for completing all requirements outlined in the Specifications/Scope of Work.

7.4. Appendix D – Mandatory Documents to be Submitted in Response

1. Completed and signed Non-Collusion Affidavit (Exhibit A)

2. Completed and signed Certificate of Non-Discrimination (Exhibit B)

3. Completed Confidentiality Agreement (Exhibit C)

4. Acknowledgement of all addenda issued by the District (Exhibit D)

5. Completed and signed Exceptions and Deviations (Exhibit E)

6. Completed and signed Russian Economic Sanctions Certification (Exhibit F)

7. Small, Local, Emerging, Disabled veteran-owned, Vendor (Exhibit G)

7.5. Appendix E - Additional Information: Include any additional information you deem essential to a proper evaluation of your proposal and which is not solicited in any of the preceding sections

Proposers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief.

GRACE PERIOD FOR MISSING OR INCORRECT FILING OF EXHIBITS “A”

THROUGH “G” (Exhibit H not required):

In the event that a Provider fails to submit all or any part of items (a) through (h) above with its submission or if any submitted item is incomplete or incorrect, the Contracts Unit will notify the Provider and the Provider shall have an additional three (3) business days to submit the missing item to the Contracts Unit. Failure to submit the missing item will result in the disqualification of the Provider if the mandatory item is missing entirely.

Failure to complete or correct a mandatory item will result in the Provider’s Proposal being considered in the form in which it was originally submitted. Failure to submit mandatory items after the grace period will result in the proposal being deemed non-responsive.

6. PROPOSAL EVALUATION AND CONTRACT AWARD

6.1. General

All proposals opened at the Proposal Opening will be evaluated to determine if they are responsive. Those proposals that are responsive will then be evaluated. District staff will recommend that the Board of Trustees award contracts to those potential contractors whose proposals are in the best interest of the District. The District may reject all proposals if none are considered advantageous to the District.

6.2. Evaluation Procedures

The RFP process shall commence with issuance and advertisement by the District of the RFP inviting interested providers to submit Proposals. Subject to the District’s discretionary right to disqualify any provider that is not responsive to the requirements of the RFP documents, any and all interested providers are invited to respond to the RFP and to participate in the RFP process.

The District will take the following actions:

- Advertise in the Daily Journal, local bar associations, and other publications

- Inform potential contractors of the solicitation

- Issue amendments to the RFP if necessary

- Mail notice of intention to award contract

- Recommend board action to approve contracts with the selected panelists.

Upon receipt by the District, Proposals will be examined for compliance with this RFP and that all mandatory qualifications as outlined have been met.

Proposals shall be delivered to a panel of evaluators appointed by the District (“Selection Committee”) consisting of appropriate District staff and possibly outside consultants. The Selection Committee will evaluate and score the Proposals according to the criteria listed below. The Procurement Unit will tabulate the scores received by each Proposer.

After-which, the Panel may then conduct interviews of the top ranked proposers achieving an average (total score will be divided by the number of evaluators) point score on the written proposal of “80” or better. Please see evaluation criteria listed in Section 6.3.1

Interviews will be held at the Educational Services Center on Wednesday, May 15, 2024, through Friday, May 24, 2024.

The purpose of the interview may be to review Respondents’ ability to provide the required services, and how specific services will be furnished.

LACCD reserves the right to forego the interview stage as determined in its sole discretion. Final selection will be based upon the above factors, as well as the interview performance.

Request for Additional Information

During any phase of the evaluation the District may require supplemental information in order to fairly evaluate a Proposer’s offer. For this purpose, the District may request such information, including a best and final offer, from the Proposer after the initial submittal.

If such information is required, the Proposer will be notified and be permitted a reasonable period of time to submit the information.

LACCD reserves the right to reject any or all proposals, to waive any irregularities or informalities in the offers received and to change the evaluation process described above if circumstances dictate this or it is otherwise in the best interests of LACCD to do such.

In the event a proposal(s) is rejected, or in the event a proposer's offer is not rejected but does not result in a contract award, LACCD shall not be liable for any costs incurred by the proposer in connection with the preparation and submittal of the proposal.

6.3. Evaluation Process

6.3.1 Evaluation Criteria for Written Proposals

1. Written Proposals

Selection Committees for…