The Board of Trustees will make certain that professional services are secured in a manner that protects the integrity of the process, ensures the prudent use of taxpayer dollars and provides a high quality standard of service, in accordance with law and regulation. Professional services are defined as services requiring special skill and/or training, such as legal services, medical services, auditing services, property appraisals or insurance.
Purchasing professional services does not require competitive bidding. The Board directs the Superintendent of Schools to take measures to ensure that a highly qualified professional is secured through the prudent and economical use of public money, which may include:
- Reviewing trade journals
- Checking professional listings; and/or
- Inquiring of other districts or other appropriate sources.
The designated district staff will prepare a comprehensive written request for proposals (RFP) which will contain critical details of the services sought. The RFP will specify that the proposal include the structure of the relationship between the district and the provider, including, if applicable, the terms of the retainer, the hourly fees, and other associated costs.
In reviewing the RFPs, the district will consider, at a minimum, the following factors:
- The suitability of the individual/firm for the district’s needs
- The special knowledge or expertise of the individual/firm
- The credentials and applicable certifications of the individual/firm
- The quality of the service provided by the individual/firm
- The staffing available from the firm or the time available from the individual.
The district will periodically, but not less frequently than every three years, issue professional service RFPs and may conduct interviews as part of the RFP process. The written proposals submitted by applicants shall be maintained for at least three (3) years.
The Superintendent, after a thorough review of the proposals, will recommend the professional service provider best suited to the district to the Board for its approval.
Regardless of when during the year the professional service provider was engaged by the Board, at the annual Reorganizational Meeting the Board will appoint the attorney, physician, or other professional, as applicable. Professional service providers selected and appointed in this manner will not be considered employees of the district.
The Superintendent is charged with developing administrative procedures to implement this policy.
Ref: General Municipal Law §104-b
2 NYCRR §§315.2, 315.3
Trane Co. v Broome County, 76 A.D. 2d 1015
Appeal of Lombardo, 38 Educ. Dept. Rep. 730
Opn. St. Comp. 92-33
Adoption Date: August 21, 2013