Position Summary: Under the direction of the Executive Deputy Counsel and/or Deputy Counsel for the Commercial and Contracts Unit, with broad latitude for independent action, initiative and judgment, the Managing Team Attorney for Commercial & Contracts Unit is responsible for the daily management and oversight of New York City Public Schools (NYCPS) commercial law matters, including contracts, purchasing agreements, leases, inter-agency agreements, and related litigation. The position also supervises attorneys and staff, provides strategic legal counsel to NYCPS leadership, and ensures compliance with all applicable laws, rules, and policies. Performs related work.
Reports to: Executive Deputy Counsel and/or Deputy Counsel for Commercial & Contracts Unit
Direct Reports: Agency Attorneys
Key Relationships: Division of Early Childhood Education (DECE), Office of Pupil Transportation (OPT); Division of Operations; Division of Contracts and Purchasing (DCP); NYC Law Department; OGC Executive Leadership and Attorneys; Central Offices and External Vendors.
Responsibilities - Advises and makes recommendations to the General Counsel and other executive staff on questions of law, fact and administrative policy.
- Assists in litigation of complex and significant cases, drafts important and complex contracts and legislation and policy statements on behalf of the Department.
- Performs the duties of the Deputy Counsel of their assigned practice area in their temporary absence.
- Supports the Executive Deputy Counsel and/or Deputy Counsel in the daily legal oversight of NYCPS' contracting portfolio, including, but not limited to significant NYCPS initiatives such as the expansion of Early Childhood Education and procurement of student transportation.
- Provides strategic guidance on commercial legal and policy matters and drafts complex procurements, contract extensions and amendments, ensuring compliance with applicable federal, state procurement laws, rules and regulations.
- Directs subordinate staff responsible for legal activity of significant financial, policy or procedural consequences as needed.
- Negotiates and drafts contracts and agreements for wide range of goods, services and equipment.
- Provides legal advice on the legal sufficiency of procurements and assists in providing legal advice in bid protests.
- Assists in the development of procurement policies and procedures for the Department.
- Advises on basic copyright and intellectual property questions.
- Serves as liaison in commercial litigation cases.
- Reviews RFP's, proposals and contracts, and recommend solutions to mitigate project risks.
- Drafts, reviews and negotiates multi year standard (form) and non standard contracts, including software licenses, customer proposals (RFP's), development and other purchase related agreements in the information technology area.
- Prepares, reviews and negotiates software license and maintenance agreements, computer hardware purchase and maintenance agreements, software development agreements, information technology service agreements, application service provider agreements, hosting agreements and other related information technology agreements.
- Drafts rules and regulations for the NYCPS.
- Prepares spoken and written legal opinions, memoranda and policy statements for the Chancellor, the General Counsel and the Executive Deputy Counsel for Commercial and Contracts, and relevant executive staff necessary for formulating policy on commercial matters.
- Negotiates contract terms with external counsel, including supervision of unit attorneys working on these matters.
- Drafts and negotiates the terms of Memoranda of Understanding or other/related inter-agency agreement documents.
- Analyzes and prepares legal opinions on issues regarding various City, State, and Federal regulations.
- Responds to document requests/subpoenas and assists with litigation preparation, as necessary.
- Analyzes and prepares legal opinions on issues regarding various City, State, and Federal regulations.
- Supports various initiatives and procurement goals and ensures compliance with applicable laws, rules, and regulations.
- Performs other duties as requested or assigned by the Executive Deputy Counsel and/or Deputy Counsel.
Qualification Requirements: Minimum Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, of which eighteen months must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing complex legal work. Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
Preferred - Thorough knowledge and understanding of the intersection of Federal, New York State and local laws, rules and regulations relating to student transportation and the procurement of student transportation.
- Experience drafting and negotiating complex terms of pupil transportation contracts and procurements.
- Experience advising on complex public procurements involving large scale service contracts.
- Familiarity with practices and procedures related to litigation, including within the context of City government.
- Ability to write clearly, succinctly and to make highly effective spoken presentations.
Salary : $145,000 - $160,000
(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not earn less than their current salary.)
Please include a resume and cover letter with your application. NOTE: The filling of all positions is subject to budget availability and/or grant funding. * New York City Residency is NOT Required * We encourage all applicants from the New York City tri-state area to apply.