LEGAL SERVICES RFP # AUGUST 13, 2018

Transcription

1 LEGAL SERVICES RFP # AUGUST 13, 2018 Electronic Submittals are due by 4:30 PM on September 5, 2018 The EVERETT HOUSING AUTHORITY is soliciting proposals for Licensed Professional Legal Services. Firms interested in providing such service to the Everett Housing Authority (HA) must complete and submit a statement that substantiates or presents evidence of that firm's abilities and expertise in the areas defined in the selection criteria section of this document. Title Section Page 1 Background Information 2 2 Origination 2 3 HA s Reservation of Rights 3 4 Services to be Provided 5 5 Schedule 8 6 Submittal Procedures 8 7 Evaluation Process 9 8 Evaluation Criteria/Submittal Packet 11 Fillable Forms Fillable forms can be found on our website at Doing Business with EHA Universal Bid Documents A B C D E F EHA Vendor Information Sheet; Section 3 Form-Information W-9 Form OMWBE Report Non-Collusive Affidavit Insurance Requirements (information purposes only) 1 P age

2 1. BACKGROUND The Everett Housing Authority is a municipal corporation, created in 1942 by Washington State Law (RCW35.82) and City of Everett Council resolution, to provide rental housing and related services to lower income and disabled persons. EHA is governed by a six-member Board of Commissioners, appointed by the Mayor of the City of Everett and confirmed by City Council. The Executive Director is appointed by and reports to the Board and provides direction to staff and management. The Everett Housing Authority (EHA) is seeking the services of up to two qualified legal consultants/firms with relevant experience to assist the EHA with organizational, modernization, redevelopment, asset repositioning, and development activities. The term of any resultant contracts will be three years, renewable at the sole discretion of the EHA by two (2) one-year periods. The total duration of the contract, including all extensions, shall not exceed three years unless otherwise determined by the needs of an on-going project. The maximum total fee for services is $125,000 per annum, though EHA reserves the right to renegotiate the annual limit if project needs require additional services. Fees will be based upon approved Task Orders for specific tasks and/or projects. Work performed under this contract will be identified and performed on an on-going basis until the fee's upset limit is reached. Once a task and/project has been identified, the legal consultants/firms will submit a detailed proposal for the EHA's approval confirming and identifying a scope of work, process/methodology for completion, staff assignment, and a price proposal based on previously approved hourly rates, and a schedule. EHA is currently a familiar and respected name in the management and development of low-income housing apartments for over seventy-five years. EHA is a high performing public housing agency known for its strong and innovative management, maintenance, and capital programs. 2. ORGANIZATION The Administrative Services Department is responsible for purchasing, budgeting, human resources, IT, accounting and financial oversight for the agency. The Executive Deputy- Director of Finance oversees 18 employees. 2 P age

3 The Housing Choice Voucher Department is responsible for the administration of the housing choice voucher program currently serving 3,011 households. The Director of Housing Choice Voucher Program oversees 12 employees. The Housing Management Department is responsible for applications for all EHA programs and is also responsible for the management and maintenance needs of the 1,779 units of EHA owned housing, and for supportive programs for elders, the disabled and youth. The Director of Housing Management is responsible for oversight of over 58 employees. The Acquisitions and Development Department is responsible for new property purchasing activities, subsequent renovation work, tenant relocation and new construction of residential and commercial real estate properties and oversees 6 employees. The Resident Services Department is responsible for working with our residents to promote a higher quality of life by coordinating needed services. The program director supervises 16 employees. 3. HA S RESERVATION OF RIGHTS The HA reserves the right to reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed by the HA to be in its best interests. 1.2 The HA reserves the right not to award a contract pursuant to this RFP. 1.3 The HA reserves the right to terminate a contract awarded pursuant to this RFP, at any time for its convenience upon 30 days written notice to the successful proposer(s). 1.4 The HA reserves the right to determine the days, hours and locations that the successful proposer(s) shall provide the services called for in this RFP. 1.5 The HA reserves the right to retain all proposals submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving proposals without the written consent of the HA Contracting Officer (CO). 3 P age

4 1.6 The HA reserves the right to negotiate the fees proposed by the proposer entity. 1.7 The HA reserves the right to reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services. 1.8 The HA shall have no obligation to compensate any proposer for any costs incurred in responding to this RFP. 1.9 The HA shall reserve the right at any time during the RFP or contract process to prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein. By accessing the HA s website and by downloading this document, each prospective proposer is thereby agreeing to abide by all terms and conditions listed within this document and further agrees that he/she will inform the CO in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the HA that he/she feels needs to be addressed. Failure to abide by this time frame shall relieve the HA, but not the prospective proposer, of any responsibility pertaining to such issue The HA will reject the proposal of any Offeror who is debarred by the U.S. Department of Housing and Urban Development (HUD) from providing services to public housing agencies and reserves the right to reject the proposal of any Offeror who has previously failed to perform any contract properly for the HA The HA reserves the right to schedule interviews with two or more of the highest scoring firms. Firms that are interviewed will receive up to an additional 30 points based upon the outcome of their interview. The HA will select the firm with the highest amount of total points The HA and the selected firm will negotiate the terms and conditions of the professional services contract. The HA reserves the right to modify the scope of work and expand or modify the terms and conditions specifically set forth in this RFP. In the event the HA and the selected firm are not able to reach agreement on contract terms and conditions acceptable to both parties, the HA reserves the right, at its sole discretion, to enter into negotiations with the next highest -rated firm(s) and will be relieved of any obligation to negotiate with or contract for services from the selected firm(s). 4 P age

5 1.13 The HA reserves the right to initially award a contract for the period of 1 year with the option, at the HA s discretion, of 2 additional one-year option periods (per HUD regulation, legal services may be contracted for a maximum of only 3 years). Depending on the time of negotiations the anticipated contract for services for Year 1 shall be December 1, 2018 through November 30, SERVICES TO BE PROVIDED EHA is looking to add the services of up to two qualified legal consultants/firms to assist the EHA in the following areas; asset repositioning, development and redevelopment activities (including strategic planning, financing, and regulatory requirements), potentially interdepartmental projects. The successful candidate will have a demonstrated track record in development and redevelopment, expertise in public housing regulations and procedures (both state and federal), and excellent written and communications skills. The consultant will be expected to provide the EHA staff with assistance on an as needed basis for specific projects and tasks that could include some portion or all the following: a. Advise EHA on local, state, and federal statutory and regulatory matters, including but not limited to: b. Public housing, Federal and state procurement, c. Federal and state mixed finance and development, d. Housing Choice Voucher/Project Based Assistance, e. Moving to work and/or the demonstration programs f. Low-income housing tax credits and tax-exempt bonds. g. Advise EHA on specific development and/or revitalization plans, and provide as requested guidance on ownership structure, management plan, capital financing and operating budgets to ensure that the project is in compliance with all applicable statutory, regulatory, and /or administrative requirements. h. Advise EHA, and structure the various entities and associated agreement(s) necessary to effectuate the EHA's plans, including, but not limited to, the creation of the limited partnerships and/or limited liability corporations, affiliates and/or instrumentalities i. Advise EHA in negotiations with all consultants and funding agents, including, but not limited to, tax credit syndication structures, equity investors, bond underwriters, HUD and other public funders. 5 P age

6 j. Advise and prepare all requests for waivers from local, state, and federal statutory requirements as necessary. k. Advise EHA on legal matters pertaining to employment and labor relations, including, but not limited to, representation in union grievances, arbitration hearings, and negotiations of collective bargaining agreements. l. Advise EHA on legal issues regarding Public Records Requests. m. Regulations pertaining to Federal, State and local government, including housing, real estate, procurement and contractual issues; i. Initiation of unlawful detainer actions. EHA staff will normally prepare the initial notices when the action is based on unpaid rent. ii. Contested litigation (generally unlawful detainer) n. Review, modification and updating of legal documents used by EHA in the course of its business e.g. resolutions, leases, contracts, forms, policies, etc. o. Civil rights and fair housing requirements, including claims involving violations of the Civil Rights Act of 1964, the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA); p. Employment issues, including personnel rules; discrimination and wrongful termination claims; worker's compensation and compliance with OSHA/WISHA requirements; q. Advise EHA on all relevant federal and state mixed-finance requirement regulations, including review of applicability of state and federal procurement and construction laws and regulations. r. Advise EHA on applicable zoning matters, including review of comprehensive permit applications. s. Advise EHA on environmental due diligence, including review of applicable permit requirements. t. Advise and assist EHA as bond counsel in financing of real estate acquisition and redevelopment projects. u. If requested, coordinate and prepare all mixed-finance evidentiary and closing documents, including, but not limited to, review and negotiation of all senior and subordinate construction and permanent loan commitments (including short and long-term tax-exempt bond commitments) and equity 6 P age

7 investment commitments, review and negotiation of loan documents, title matters, and drafting of various opinions. v. The HA shall retain the right to have the successful proposer provide services in any matter that the HA believes the legal firm is qualified to provide and if, in the opinion of the ED, it is in the best interests of the HA to do so. w. The successful proposer will only be providing work pertaining to legal issues commonly addressed by a legal counsel and the successful proposer will not be requested to provide any non-legal program work such as those commonly provided by professional services consulting firms. x. As may be further detailed herein, the HA may, on an as-needed basis, require the successful proposer to provide services pertaining to HA-related matters within the following areas, each pertaining to applicable Federal, State and local regulations, statutes, laws and codes: i. Human Resources; ii. Accounting, Finance and related audits; iii. Operations; iv. Maintenance; v. Information Technology; vi. Housing Programs; vii. U.S. Department of Housing and Urban Development (HUD); and viii. Any other matter the HA needs services for. y. Please note that the preceding is not intended to be an all-inclusive listing of all of the legal issues that the HA may retain the successful proposer to provide, but is intended to be a representative listing of issues that the HA has previously required such services for. i. If the successful proposer does not have in-house a qualified person to provide any services required by the HA, the successful proposer may retain another counsel who has such qualified person. Such retention must have the prior written approval of the HA. Any billing/payment for such additional counsel will be at the same hourly rate listed within the contract (meaning, the successful proposer may not add-on an additional amount to the contracted hourly fee for retaining and overseeing such additional counsel). As the HA will contract with the successful proposer only, all ensuing payments for any contracted matter will be made by the HA to the successful proposer only. 7 P age

8 z. The HA reserves the right to, at any time during the ensuing contract period, and without penalty to the legal counsel retained as a result of this RFP, conduct additional competitive solicitations to retain additional legal counsel when, in the opinion of the ED, it is in the best interests of the HA to do so. Accordingly, the legal counsel retained as a result of this RFP shall have the right to also respond to any such additional solicitation process, if conducted. aa. COMPENSATION: The maximum total fee for services is $125, per annum, though EHA reserves the right to renegotiate the annual upset limit if project needs require additional services. Consultants will propose an hourly rate in the response. Payment to the consultant will be made on an hourly rate for work requested or pre-approved by the EHA only. Allowable reimbursable expenses will be determined in advance of contract execution. Fees will be based upon approved Task Orders for specific tasks and/or projects. Work performed under this contract will be identified and performed on an on-going basis until the fee's upset limit is reached. Once a task and/project has been identified, the legal consultants/firms will submit a detailed proposal for EHA's approval confirming and identifying a scope of work, process/methodology for completion, staff assignment, and a price proposal based on previously approved hourly rates, and a schedule. The firm's hourly rate shall remain the same throughout the term of the original contract, unless otherwise specified. 5. SCHEDULE bb. CONTRACT TERM: The term of any resultant contracts will be three years, renewable at the sole discretion of the EHA for two (2) additional one-year extension periods. The total duration of the contract with the Consultant, including all extensions, shall not exceed three years unless otherwise required by the needs of an on-going project. 1) Questions regarding this RFP should be addressed in writing, to Brenda McLeod, Assistant Director of Procurement and Contracts, Everett Housing Authority, 3107 Colby Avenue, Everett, WA or to brendam@evha.org Questions will be accepted until 4:30 PM on August 22, Questions will be answered by the following day. 2) Submittals are due by 4:30 PM on September 5, P age

9 6. SUBMITTAL PROCEDURES Only ed submittals will be accepted, they must be delivered in one (1) , with no late section submittals or changes after initial receipt of the packet, with the subject line of the clearly stating that this is a "Company Name--Submittal for Legal Services: Project " to brendam@evha.org. Responses shall contain information in the following tabbed order as listed. Identify each section to facilitate quick reference. EHA reserves the right to waive any irregularities in the submission package and process. There are 70 total points possible in the evaluation process. Companies interested in submitting a response to this RFP/Q should develop a submittal that best illustrates their expertise in the areas identified in the selection criteria below. 7. EVALUATION PROCESS The selection process for this project is as follows: EHA will review consultants' proposals, and check references; EHA will generate a short-list of qualified consultants; EHA's evaluation panel will make recommendations to the Board of Commissioners for final approval; 8. EVALUATION CRITERIA/SUBMITTAL PACKET Firms interested in submitting a response to this RFQ should develop a submittal that best illustrates their expertise in the areas identified in the selection criteria below. Responses shall contain information in the following tabbed order as listed. Identify each section by index for quick reference. There are 75 total points possible in the evaluation process, plus 20 points for interview if selected. Tab 1: Qualifications (20 points) Describe consultant's general qualifications and experience, including any relevant experience with projects that involve assisted living, public and leased housing 9 P age

10 funds, tax credit syndication, tax-exempt bond financing, and HUD and mixedfinance projects. (Indicate if firm qualifies as an MBE/WBE.) Demonstrable ability of the team to provide professional services in accordance with the project requirements; Ability to work with extensive input from a variety of public agencies, tenant groups, regulatory groups, and funding agencies; Consultant's familiarity/knowledge of the Moving to Work Demonstration Program; Consultant's familiarity/knowledge of the Housing Choice Voucher Program; Consultant's familiarity with the HUD and local and state government requirements; Consultant's familiarity with federal public housing regulations; Consultant's familiarity with tax credit and tax-exempt bond financing and publicly funded mixed-finance transactions. Tab 2: Experience (20 points) List all team members to be assigned to this project. Identify specific roles and responsibilities of each, including the lead attorney for each component of the scope of services to be provided. Identify any sub consultants to be retained. (Indicate if sub-consultant firm qualifies as a MBE/WBE.) Consultant's demonstrated track record of successfully structuring mixed finance projects in a timely fashion; Consultant's demonstrated track record of successfully structuring and closing mixed finance projects using tax-exempt bonds and tax credits, Consultant's demonstrated experience working with public and leased housing programs; Consultant's demonstrated experience reviewing, negotiating, and assisting in gaining HUD and other governmental approvals of the mixed-finance proposal and evidentiary materials; Consultant's demonstrated experience with construction financing; Consultant's demonstrated experience with public procurement procedures or other governmental approvals for local, state or federal. Tab 3: References (20 points) Provide at least three references for project activities similar to the projects outlined in the scope of work and describe the role each team member played on 10 P age

11 the project. Please make sure to provide current contact names and addresses. General past performance with regard to activities outlined in the scope of work; Past performance regarding consultant's ability to provide clear, reasonable, well-researched, and realistic legal options; Consultant's experience and willingness to work collaboratively. Tab 4: Proposed Fee and Fee Structure (10 points) Firms will be partially be evaluated based on their proposed hourly rates. Please provide hourly rates for each team member and any support staff. Please provide a fee schedule of hourly rates or fixed rates and other fees and expenses, including a breakdown of the categories of reimbursables expenses. If fees will change during the contract period, please include a discussion of the anticipated changes. Tab 5: (5 points) EHA Required Forms: A) Vendor Information Form; B) Section 3 Business Certification Form; C) W-9 Form; D) OMWBE Report Form; E) Non-Collusive Affidavit; F) Insurance Requirement: - This is for informational purposes only. This is not part of the submittal requirements. You will only need to provide this if you are awarded the project. Fillable forms can be found on our website at Doing Business with EHA Universal Bid Documents o o o o o Vendor Information Form Section 3 Business Certification Form W-9 Form OMWBE Survey Form Non-Collusive Affidavit If selected for an Interview (20 points) Clarity of proposal; 11 P age

12 Ability of firm(s) to present complex issues in a concise and understandable manner; Well developed, thoughtful approach to undertaking and managing this type of project; Quality of comment and feedback on proposed development, ownership, management and financing plan; Team organization, and identification of responsible Project Manager(s); Quality of interview. End of RFP P age

13 Attachment F: Insurance Requirements INSURANCE REQUIREMENTS Insurance Endorsements: In order to comply with HUD's requirement that Housing Authorities not assume the liability of contractors or their subcontractors, and in the exercise of responsible risk management, Insurance Endorsements shall be required in order to protect the Housing Authority. Prior to the beginning of any work under this contract, an authorized representative of each successful bidder's insurers shall submit Insurance Endorsements naming the Housing Authority as Additional Insured on all but Errors and Omissions coverage. If the duties under this contract require Professional Liability Insurance, the Additional Insured requirement of these Special Conditions shall be waived. However, all other provisions herein shall remain in effect. Insurance offered to indemnify the Housing Authority shall be provided by insurers rated by the A M. Best Company with a rating of not less than B+ Vl. If the coverages offered are on a claims made form, the insurer shall provide an extended five year reporting period to the Additional Insured. All such insurance shall be primary, and not contributing with any other insurance or self insurance maintained by the Housing Authority notwithstanding any inconsistent provisions in any such policies maintained by the Housing Authority and shall not require contribution by any insurance or self insurance maintained by the Housing Authority on any basis, pro rata, or otherwise. The policy to which the Additional Insured endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy to which the Additional Insured endorsement-is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice of not less than thirty (30) days given to the designated Housing Authority official by certified mail, return receipt requested prior to the effective date thereof. The Housing Authority has provided its Instructions to Bidders and standard insurance endorsements which contain other insurance clauses required under this contract. ISO Endorsements or others, will also be acceptable provided they contain the same clauses and protection contained in the endorsements provided with these Special Conditions. Page 1 of 2

14 Attachment F: Insurance Requirements 1. A policy of commercial general liability, including Washington Stop-Gap, naming EHA as additional insured, protecting and holding EHA harmless from any and all damages which may arise in connection with the services to be provided hereunder, in at least the principal amount of a single combined limit of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate personal injury and/or property damage liability. Such insurance is subject to approval by EHA. 2. A policy of automobile liability insurance in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. If automobiles are used in connection with any activity performed under contract(s) resulting from this RFQ, a policy of commercial automobile liability, including coverage for owned, non-owned, leased or hired vehicles with a minimum coverage of Three Hundred Thousand Dollars ($300,000) per accident. 4. A policy of errors and omissions liability of not less than One Million Dollars ($1,000,000) per occurrence. Page 2 of 2