BENTON COUNTY, MINNESOTA REQUEST FOR PROPOSALS

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1 BENTON COUNTY, MINNESOTA REQUEST FOR PROPOSALS PROFESSIONAL LABOR RELATIONS/ NEGOTIATION SERVICES FEBRUARY, 2011

2 BENTON COUNTY REQUEST FOR PROPOSALS: PROFESSIONAL LABOR RELATIONS/ NEGOTIATION SERVICES Purpose This Request for Proposals (RFP) is issued on behalf of the Benton County Board of Commissioners, Foley, Minnesota. Benton County is requesting proposals for the purpose of retaining an individual or firm (Firm) to act as the County s labor relations/negotiator and provide professional consultation. Background Located in Central Minnesota, Benton County is part of the St. Cloud Metropolitan Statistical Area. Benton County is one hour north of the Twin Cities and one hour south of the Brainerd Area. The center of the County is the City of Foley, the County Seat. Most of the County's larger communities (St. Cloud, Sauk Rapids, Sartell, and Rice) are located on its western edge. The 2006 estimated population was 38,774. Benton County employs approximately 240 full-time and 13 permanent, part-time employees. There are eight collective bargaining units. They are as follows: 1. American Federation of State, County and Municipal Employees, AFL-CIO, Local Union No. 1243, Human Services Unit 2. International Union of Operating Engineers, Local Union No. 49, Public Works Unit 3. International Union of Operation Engineers, Local Union No. 49, Property Management 4. Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, Clerical Employees 5. Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, Sheriff s Office Licensed Supervisory 6. Law Enforcement Labor Services, Inc., Local 324, Sheriff s Office Non-Licensed Supervisory 7. Law Enforcement Labor Services, Inc., Local 323, Sheriff s Office Detention Officer, Public Safety Dispatcher and Recreation Director 8. Law Enforcement Labor Services, Inc., Local 230, Licensed Patrol Officers. 2

3 One collective bargaining agreement expired December 31, 2009 and five collective bargaining agreements expired December 31, Benton County is in the process of negotiating a first contract with two of the collective bargaining units. Scope of Service 1. The Firm shall, upon request, provide labor negotiation services. The negotiator will be assisted by the County Administrator, the Human Resources Director, or their designee experienced in costing out proposals, drafting contract language and participating in negotiations. 2. The Firm shall represent the County with the Bureau of Mediation Services (BMS) in administrative hearings, grievance arbitrations and in providing consultation in the processing of a grievance through the various steps provided in the collective bargaining agreement and the actual grievance arbitration hearing. 3. The Firm shall, upon request, represent the County in mediation of labor contract negotiations. 4. The Firm shall provide labor consultation to the County Administrator and the Human Resources Director, or their designee regarding personnel matters, statutory and regulatory changes and judicial or arbitrator decisions that may impact contract administration and personnel practices. 5. The Firm shall provide the County with timely verbal and/or written opinions when requested related to the areas of hiring, discipline and termination. Any timeframe required by the County for an opinion will be specified with the initial request to the Firm. 6. The Firm shall represent the County in court to defend claims of unfair labor practice. Selection Criteria Selection of the firms for oral presentations and services provided will be based on the following standards: 1. Comprehensiveness of the written proposal to provide professional labor negotiation and consulting services. 2. Experience and professional qualifications of the specific individual(s) assigned to the County. This includes the County being provided credentials for each person assigned to the County. 3

4 3. Proposed contract terms, including a fee structure and a payment plan. Please include hourly rate(s) for professional services, as well as additional expense costs. 4. Please provide the name and telephone number of a contact person from at least four professional (4) references. Submittal Requirement All proposals, questions or comments should be directed to: Tammy Bigelow, Human Resources Director Benton County Administrator s Office 531 Dewey Street PO Box 129 Foley, MN All proposals must be submitted in a sealed envelope and clearly marked in the lower left-hand corner, Sealed Proposal Professional Labor Negotiation/Consulting Services. All proposals must be received by 4:00 p.m. on Friday, March 18. The County reserves the right to disqualify from consideration proposals received after the date and time specified. Four (4) original copies of the proposal must be submitted. The County reserves the right to reject any or all proposals and the County further declares that it will incur no financial obligations for any costs by any Firm in preparation of the proposal. The County reserves the right, in its sole discretion, to select the Firm based on the County s sole evaluation and review of the proposals and oral interviews and other relevant information as the County shall have before it and based upon the County s determination as to which proposal best meets the County s needs. Any proposal may be withdrawn or modified by written request of the respondent, provided such request is received by the County prior to the date set for the receipt of proposals. During the performance of any contract awarded as a result of this RFP, the Firm agrees to the following: No person shall, on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, membership or activity in a local human rights commission, or status with regard to public assistance be excluded from full employment rights in participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity under the provision of any and all applicable federal and state laws against discrimination including the Civil Rights Act of

5 All data collected, created, received, maintained or disseminated or used for any purposes in the course of execution shall be governed by Federal and State laws. The designee for release of the information shall be the Benton County Administrator. The Firm agrees it shall defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses, including attorneys fees, which the County, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the Firm s performance or failure to adequately perform its obligations pursuant to the contract. Insurance Requirements for Selected Firm The Contractor shall not commence work under the Contract until he/she has obtained insurance coverage as described in this Section and such insurance has been approved by the Benton County Attorney. The Contractor shall provide the Benton County Attorney the original or a certified duplicate copy of the Public Liability and Property Damage Insurance and Extended Coverage Policies required hereunder. The Contractor shall furnish the County with a Certificate of Insurance from the insurance company issuing the policies for Worker s Compensation Insurance and such other insurance as is herein required. All policies and certificates shall provide that the policies will remain in force and effect on ten days written notice to the County Attorney before cancellation. The contractor shall procure and maintain during the life of the Contract and until the Contract has been fully accepted, insurance policies as follows: 1. Public Liability and Property Damage Insurance For and on behalf of himself/herself and the County of Benton as joint assured, and with a cross liability endorsement protecting the County of Benton from claims or damages for personal injuries, including accidental death, as well as for claims for property damage which may arise from operations under the Contract, whether such operations be by the Contractor or by the subcontractor or by anyone directly or indirectly employed by either of them. Said Public Liability and Public Property Damage Insurance Policy shall provide that the insurance company waives the right to assert the immunity of the County as a defense to any claims made under said insurance. The amount of such insurance will be as follows: Public Liability Insurance in an amount of not less that Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to, or death of one person and subject to the same limit for each person in a total amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) on account of one accident, and property damage insurance in an amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) for all damages to or destruction of property in any one accident 5

6 and subject to that limit, a total limit of One Million Five Hundred Thousand Dollars ($1,500,000) for all damages to or destruction of property during the policy period. 2. Worker s Compensation Insurance: For all his/her employees employed at the site of the Project and in case any work is sublet, the Contractor shall require the subcontractor to provide Worker s Compensation Insurance for all his/her employees. 3. Automobile Public Liability Insurance: Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to, or death of one person, and subject to that limit for each person, a total of One Million Five Hundred Thousand Dollars ($1,500,000) for any one accident and property damage liability insurance in an amount no less than One Million Five Hundred Thousand Dollars ($1,500,000) for all damages to or destruction of property in any one accident and subject to that limit, a total of One Million Five Hundred Thousand Dollars ($1,500,000) for all damages to or destruction of property during the policy period, if any motor vehicles are engaged in operations within the term of the Contract on the site of work covering the use of all such motor vehicles unless such coverage is included in the insurance provided for under subsection 1 hereof. The cost of all insurance required herein will be considered to be an incidental expense and no direct compensation will be made therefore. For further information contact: Tammy Bigelow Human Resources Director Benton County Administrator s Office 531 Dewey Street PO Box 129 Foley, MN Phone: (320) Fax: (320) The County reserves the right to reject any or all of the proposals submitted. 6

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