REQUEST FOR PROPOSAL Legal Services

Transcription

1 REQUEST FOR PROPOSAL Legal Services The Housing Authority of the City of Daytona Beach ( HACDB ) invites submission of proposals ( Proposals ) from licensed attorneys and law firms interested in providing comprehensive legal services. The HACDB intends to contract with a qualified, experienced law firm or lawyer for a performance period of three base years, with two additional one-year options to extend the contract term. HACDB expects that the selected firm or individual will perform all required legal services of the HACDB, to include, but not limited to, Contract Matters, Litigation, Consultation, Affordable Housing, Bond Underwriting, Condominium Formation and Real Estate Acquisition. All proposals submitted in response to this solicitation must conform to all of the requirements and specifications outlined within this document and any designated attachments in its entirety. Only an attorney or legal firm licensed by the State of Florida and in good standing with the Florida Bar Association may respond. Through prior work performed, firms must be able to show evidence of reliability, ability, experience, and personnel to perform the services. The Housing Authority of the City of Daytona Beach, Florida intends to award a contract for three (3) years to perform legal services for HACDB s various programs for the fiscal years ending June 30, 2017, June 30, 2018 and June 30, 2019 with the option of up to two (2) one (1) year renewal (maximum contract term of five years.) All proposals submitted in response to this solicitation must conform to all of the requirements and specifications outlined with this document in its entirety. There is not expressed or implied obligation for HACDB to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Notwithstanding, anything contained in this Request for Proposal(RFP) to the contrary, HACDB reserves the right without prejudice to reject any and all proposals. During the evaluation process, HACDB reserves the right, where it may serve HACDB s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. During the evaluation process, any one or more of the firms may be requested to make an oral presentation. The presentation will provide the firm with an opportunity to answer any questions HACDB may have regarding the firm s proposal. A bidders conference for all firms interested in submitting a proposal will not schedule; at this time. Respondents may direct questions, to the address below. Interested firms should submit one (1) original and four (4) copies of their Proposal; which addresses the requirements described in the Scope of Work section. Fax and proposals are not acceptable. Page 1

2 PROPOSALS WILL BE ACCEPTED UNTIL 2:00 PM (EST), October 23, 2017 They should be addressed to: Ethel L. Turner Deputy Executive Director Housing Authority of the City of Daytona Beach, Florida 211 N. Ridgewood Avenue, Suite 300 Daytona Beach, FL If you have any questions concerning this Request, please submit queries via to Ethel L. Turner. Sincerely, Dr. Anthony E. Woods Executive Director/CEO Page 2

3 TABLE OF CONTENTS PART I - GENERAL INFORMATION 4 PART II - HACDB S RESERVATION OF RIGHTS 4 PART III - CONTRACT PERIOD 5 PART IV - SCOPE OF SERVICES SCOPE OF WORK (SOW) 5 PART V - PROPOSAL FORMAT AND REQUIREMENTS 8 PART VI SUBMISSION INSTRUCTIONS 15 PART VII PROPOSAL SELECTION--EVALUATION FACTORS 16 PART VIII - CONTRACT AWARD 18 PART IX CONTRACT TERMS 18 PART X - FORMS AND ATTACHMENTS Appendix 1-- Timetable 21 Appendix 2 Proposer Guaranty 22 Appendix 3 Proposer Warranties 23 Appendix 4 Profile of Firm 24 Page 3

4 PART I - GENERAL INFORMATION The Housing Authority of the City of Daytona Beach (hereinafter, HACDB is a public entity that was formed in 1938 to provide federally subsidized housing and housing assistance to low-income families, within the City limits. The HACDB is headed by an President/ Chief Executive Director (CEO) and is governed by a five-person board of commissioners and is subject to the requirements of Title 24 of the Code of Federal Regulations (hereinafter, CFR ) and the HACDB s procurement policy. Though brought into existence by the City Resolution #38-21 of the Statutory Authority of Florida 421 it is a separate entity from the City of Daytona Beach. Currently, the HACDB is responsible for the management of 1,337 Housing Choice Vouchers and 635 Public Housing units which is divided into two (2) AMPs. In addition, HACDB is the co-general partner of four (4) Low Income Housing Tax Credit developments with 390 units of which 144 are ACC units. HACDB also has two (2) Instrumentalities in which it engages in the development of affordable housing and providing social service programs within the community it serves. In keeping with its mandate to provide efficient and effective services, the Housing Authority of the City of Daytona Beach ( HACDB ) invites submission of proposals ( Proposals ) from licensed attorneys and law firms interested in providing comprehensive legal services. The HACDB intends to contract with a qualified, experienced law firm or attorney for a performance period of three base years, with two additional one-year options to extend the contract term. HACDB expects that the selected firm or individual will perform all required legal services of the HACDB, to include, but not limited to, Contract Matters, Litigation, Consultation, Affordable Housing, Bond Underwriting, Condominium Formation and Real Estate Acquisition. All proposals submitted in response to this solicitation must conform to all of the requirements and specifications outlined within this document and any designated attachments in its entirety. Only an attorney or legal firm licensed by the State of Florida and in good standing with the Florida Bar Association may respond. Through prior work performed, firms must be able to show evidence of reliability, ability, experience, and personnel to perform the services. PART II - HACDB S RESERVATION OF RIGHTS: 1 The HACDB 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 HACDB to be in its best interests. 2 The HACDB reserves the right not to award a contract pursuant to this RFP. 3 The HACDB reserves the right to terminate a contract awarded pursuant to this RFP, at any time for its convenience upon 10 days written notice to the successful proposer(s). 4 The HACDB reserves the right to determine the days, hours and locations that the successful proposer(s) shall provide the services called for in this RFP. 5 The HACDB 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 HACDB Contracting Officer (CO). Page 4

5 6 The HACDB reserves the right to negotiate the fees proposed by the proposer entity. 7 The HACDB 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. 8 The HACDB shall have no obligation to compensate any proposer for any costs incurred in responding to this RFP. 9 The HACDB shall reserve the right to 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 Web page (hereinafter, the noted Web page ) 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 CEO in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the HACDB that he/she feels needs to be addressed. Failure to abide by this time frame shall relieve the HACDB, but not the prospective proposer, of any responsibility pertaining to such issue. PART III - CONTRACT PERIOD The HACDB anticipates that it will initially award a contract for the period of three years with the option, at the HACDB s discretion, of 2 additional one-year option periods. PART IV - SCOPE OF SERVICES SCOPE OF WORK (SOW) The HACDB is seeking proposals from qualified licensed, insured and bonded entities to provide a wide range of legal services. These services are a necessary supplement to the daily operation of the HACDB. The successful proposer shall be the legal advisor to the HACDB Board of Commissioners (BOC) and the HACDB Chief Executive Officer (CEO). The respondent must have experience in the following areas of legal services: housing development and management; real property laws and codes, Florida state public employer labor and employment law and federal subsidy programs (i.e. public housing and Section 8 programs). Services under the contract which shall be entered into by and between the Daytona Beach Housing Authority (HACDB) and the successful respondent shall include, but not be limited to: 1) Attendance and guidance during any or all Authority Board of Commissioners meetings (regular or special) and other meetings as requested, and supervision as to legality, of the official minutes of the Authority. Review of BOC meeting agendas for compliance with the State of Florida Open Meeting Laws, governance requirements contained in the relevant Code of Federal Regulations (CFR), HACDB policies and procedures and By-laws, and actions that will put the HACDB at risk for liability exposure. 2) Conferring with and advising the officers, employees, and members of the Board of Commissioners on legal matters Regulations pertaining to Federal, State and local government, including housing, real estate, procurement and contractual issues and U.S. Department of Housing and Urban Development (HUD); issues when requested. 3) Drafting and/or review of legal documents, papers, contracts, agreements, certifications, resolutions, specifications, bonds, waivers, and such other legal drafting as may be required. Page 5

6 4) Advising and consulting with the Authority on all matters of a legal nature. 5) Appearance for and representation of the Authority, in court, in all litigated matters except as herein otherwise provided. 6) Performance of services necessary in the prosecution of contested eviction actions. 7) Guidance to the Authority and staff, as well as representation when necessary, regarding personnel actions, policies and procedures, including but not limited to employment compensation hearings, worker compensation claims, employment discrimination claims and equal employment hearings. Employment issues, including personnel rules; collective bargaining agreements; discrimination and wrongful termination claims; worker's compensation and compliance with OSHA requirements; 8) Guidance to the Authority and staff regarding real estate procedures, as well as the completion of real estate transactions, including the review of utility easements as well as operations of Land Trust Agreements, and/or 501c3 organization. 9) Review of employee benefits contracts, including but not limited to pension plan documents, group annuity contracts, group medical insurance contracts, life insurance contracts and disability contracts. 10) Defense of the Authority during litigation arising out of the course of operations of the Authority. 11) Consultation to other attorneys representing the Authority in litigation in which the Authority s liability insurance carrier has retained counsel to represent the Authority and, if needed, appearance in said litigation on behalf of the Authority. 12) Review of Federal guidelines and regulations and advise Authority and staff to the consequence as necessary. 13) Review all potential terminations and make recommendations as to appropriate actions, as well as draft notices of termination. 14) Representation of the Authority on appeals of lower court decisions to the Federal or State Appellate Courts. 15) Review of requirements, obligations and procedures for complete and efficient processing of bankruptcy notices related to a) Employee matters (payroll) and b) Current or previous public housing residents and/or Section 8 assisted residents. 16) Approval of the legality of contracts and all payments thereto under. 17) Handling of all legal questions and matters arising under contracts of the Authority and rendering legal opinions on all matters submitted by the Authority. 18) Review and approval of all documents pertaining to temporary and permanent financing relating to all developments in the Authority inventory. 19) Instituting and bringing to conclusion in court of original jurisdiction, all actions for the recovery of possession of dwelling units or for the collection of rent. Page 6

7 20) Reviewing, advising, and representing the Authority in connection with disputes arising out of the bid process. 21) Reviewing, advising, and representing the Authority with regard to disputes arising out of contracts between the Authority and its vendors. 22) Advising and representing the Authority with regard to issues and claims arising out of construction contracts. 23) Advising and representing the Authority with regard to issues involving the Labor Law. 24) All legal work necessary in connection with the preparation and adoption of the initial management program for each project, including the completion of all resolutions and forms necessary for a complete management program. 25) Preparation, modification and approval of the Authority s dwelling, and Section 8 lease(s). 26) Advice and assistance to the Authority in connection with the tenant grievance hearings, Tenant Evictions; including appearances at hearings if requested. 27) The preparation of all documents relating to the issuance of obligations of the Authority as assistance rendered to special Bond Counsel in the issuance of definite bonds of the Authority and its programs. 28) All legal work in connection with acquisition and/or disposition of real property, including the examination of abstracts of title and the furnishing of a consolidated opinion of title in accordance with local regulations. 29) Advise and assist the Authority in any new programs such as but not limited to establishment of notfor-profit subsidiaries. Create/Dissolve subsidiaries operated and or management by HACDB; Federal, State and or Local inquires on subsidiaries; Real Estate and Tax Credit. 30) 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); Advise and assist the Authority on matters subject to the US Federal Fair Housing Act of (Equal Housing Opportunity). 31) Other legal services as may be requested by the HACDB Board of Commissioners and/or Executive Director. The HACDB shall retain the right to have the successful proposer provide services in any matter that the HACDB believes the legal firm is qualified to provide and if, in the opinion of the CEO, it is in the best interests of the HACDB to do so. 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 service consulting firms. Please note that the preceding is not intended to be an all-inclusive listing of all of the legal issues that the HACDB may retain the successful proposer to provide, but is intended to be a representative listing of issues that the HACDB has previously required such services. Page 7

8 If the successful proposer does not have in-house qualified person(s) to provide any services required by the HACDB, the successful proposer may retain another counsel who has such qualified person. Such retention must have the prior written approval of the HACDB. 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 HACDB will contract with the successful proposer only, all ensuing payments for any contracted matter will be made by the HACDB to the successful proposer only. The HACDB 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 CEO, it is in the best interests of the HACDB 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. PART V - PROPOSAL FORMAT AND REQUIREMENTS In order to secure information in a form which will ensure that your response will be properly evaluated, the technical proposal must address all the points in the RFP as outlined and organized in a tabbed submission format as specified below. These categories represent the criteria for evaluating and analyzing material submitted: Cover Letter The cover page should include the proposal subject, the firm s name, address, phone and fax numbers, addresses, and contact person(s), date of the proposal. The Profile of Firm Form is attached hereto as Attachment to this RFP document. This 2-page Form must be fully completed executed and submitted under this tab as a part of the proposal submittal. Table of Contents Immediately following the cover letter, there must be a Table of Contents of the material included in the proposal. Transmittal Letter The Transmittal Letter must briefly state the understanding of the scope of work, commitment to perform the work within the time period agreed, why the firm thinks they are the best qualified and that the proposal is an irrevocable offer for a stated period of time (minimum 90 days). Independence The Firm must provide an affirmative statement that it is independent of HACDB as defined by the U.S. General Accounting Office s Government Standards. License to Practice in Florida An affirmative statement must be included indicating that the firm and any Engagement Partner are properly licensed to practice law in Florida and are in good standing with such licensing agencies. A copy of the proposer s business license allowing that entity to provide such services within the State of Florida should be included, as an attachment. Specific Approach The proposal must include the following: understanding of engagement, a work plan, level of staff and hours, analytical procedures to be used, define the approach to be taken to gain an understanding of Page 8

9 HACDB s internal controls. Outline the level of support your firm will require of the HACDB staff. Provide a brief summary of your firm s approach to the work associated with the requested services, demonstrating an understanding of the scope of services required, and approaches to be utilized in performing these services, specifically related to the rules, regulations associated with public housing HCV, and LIHTC. Include an explanation and copies of forms that will be used and reports that will be submitted and the method of such reports (i.e. written; fax; internet; etc.); A complete description of the products and services the firms provides. The proposer entity must submit under this tab a concise description of its managerial and financial capacity to deliver the proposed services, FIRM QUALIFICATIONS Describe how long the Attorney or Law Firm has been in business and current structure. Provide any other names under which the firm has done business and the dates it operated under each name, and the locations at which it operated. Provide both current and past experience the firm has in providing services outlined in Section Scope of Work, including Board certifications held. Describe Offeror s experience with public housing and HCV legal issues including applicable State of Florida and Federal regulations, specific to each program: 1) A broad and practical knowledge of HUD rules, regulations, requirements, law and related procedures; knowledge of various housing programs of the U.S. Department of Housing and Urban Development (HUD) with particular emphasis on the Public and Indian Housing Programs and the Housing Choice Voucher (Section 8) Housing Programs and experience in implementing the same. 2) Knowledge and work experience with Administrative regulations and the law in matters relating to, but not limited to the following areas: Davis-Bacon Act, Lease and Grievance procedures, Affirmative Action regulations, Florida State Public Housing Law and the programs of the Volusia County Department of Family and Children Services which impact low income housing, Lead-Based Paint Poisoning Prevention Action, Family Self-Sufficiency, HUD Disposition/Demolition, Development, Fair Housing and Equal Opportunity, with emphasis on Section 504 of the Rehabilitation Act of 1973, including Architectural Barriers Act of 1968; in federally-assisted programs 3) Strong analytical and interpretive skills, as well as verbal and written communication expertise, particularly with regard to housing and urban development matters; and experience in applying same. 4) Ability to provide legal services involving housing development and management; financing involving advance, permanent and temporary notes; litigation, real property laws and codes; human services arbitrations, federal subsidy programs and Community Land Trusts. 5) Skills, capabilities, capacity and work experience of a demonstrated level that would assure completion of the scope of work in a timely and satisfactory manner. 6) All necessary and/or required licenses, registrations, and certifications. 7) Certification that the firm/individual is not debarred, and has all necessary and/or required insurance coverage in effect. Background and References The firm must demonstrate ten (10) or more years of experience representing a housing authority or its relative equivalent. Client Information: The proposer shall submit a listing of former or current clients, including the Public Housing Authorities, for whom the proposer has performed similar or like services to those being proposed herein. Page 9

10 Provide a list of companies or governmental agencies or organizations to which your firm is currently providing services. If this does not include at least three entities, then provide the names of the entities for which similar services have been provided. For each client entity include: o The term (beginning and ending dates) of your contract agreement(s) o A brief description of the scope of work o The name and contact information of the individual that administered your contract(s) o Explain the roles performed by the proposer for the client entity The form will provide at least four (4) business references including clients or persons knowledgeable of the firm s work performed within the last five (10) years. References shall include the business name, address, a contact person, telephone number, fax number and . The listing shall, at a minimum, include: The client s name; The client s contact name; The client s telephone number; A brief description and scope of the service(s) and the dates the services were provided; Denote reason(s) for cancellation of former contract(s) and why contract(s) was not renewed and or extended; Partner, Supervisor and Staff Qualifications and Experience List all key members of the firm who will be committed to this contract. Indicate the level of effort and function of each member of the firm toward the execution of this contract. Prepare an organizational structure to show how the key members will be involved. Include resumes for these individuals. Subcontractor/Joint Venture Information (Optional Item) The proposer shall identify hereunder whether or not he/she intends to use any subcontractors for this job, if awarded, and/or if the proposal is a joint venture with another firm. Please remember that all information required from the proposer under the proceeding tabs must also be included for any major subcontractors (10% or more) or from any joint venture. The successful proposer shall not assign any right, nor delegate any duty for the work proposed pursuant to this RFP (including, but not limited to, selling or transferring the contract) without the prior written consent of the CEO. Any purported assignment of interest or delegation of duty, without the prior written consent of the CEO shall void, and will result in the cancellation of the contract with the HACDB, or may result in the full or partial forfeiture of funds paid to the successful proposer as a result of the proposed contract. Malpractice Actions Complaints and Disciplinary Actions The proposal must identify each instance in the past five (5) years in which the firm has been named as a defendant in any malpractice, misrepresentation, or professional negligence action. The proposal must identify each instance in the past five (5) years in which the firm has had a complaint filed or disciplinary proceeding filed by any association governing the legal profession. The firm must disclose in writing if they have ever been suspended and or debarred from doing business with the federal government. Schedule of Performance/Timeliness/Deliverables Each proposal shall include a description of how the firm intends to assume responsibility of existing legal matters and how soon the firm would be in a position to provide services. The description should Page 10

11 also include the firm s availability for all future services outlined in under the Scope of Work, (i.e., court appearances, board meetings, etc.). Total All-inclusive Maximum Price Provide hourly billing rates for services. Provide the structure of rates for partners, associates, paralegals, couriers, etc. Selected proposer must be capable of tracking and billing (invoicing) all work hours and materials (if reimbursable) by specific program or funding source as required by HACDB. Any proposer not capable or willing to comply with this requirement will be considered non-responsive. Preferred formatting will be agreed upon during contract negotiations. All costs related to this contract will be governed by federal regulations and HUD Handbook No REV 2. The Bid should contain all pricing information relative to performing legal services as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses for each of the five years. Note that years 4 and 5 are negotiable. YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL $ $ $ $ $ $ Fixed Fees by Category The Bid should include a schedule of professional fees and expenses, presented in the format provided below, that supports the yearly and the total all-inclusive price. HOURS Standard Hourly Rates Quoted Hourly Rates Partners $ $ $ Managers $ $ $ Supervisory $ $ $ Staff Staff $ $ $ Copy costs Travel Other (Specify) $ $ $ Total $ $ $ Total Or the Firms bid should be based on a Flat Fixed Rate Fee schedule of professional services, presented in the format provided below, that supports the yearly and the total all-inclusive price. Page 11

12 Flat Fee Preparation/Review Attend Board Meetings Eviction-Filing Processing Draft Review Hours Standard Rates Quoted Rates Total $ $ $ $ $ $ $ $ $ Documents Consultation(s) $ $ $ Other (Specify) Other (Specify) Other (Specify) $ $ $ Total $ $ $ Certification The Bid should include certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with HACDB. Rates for Additional Professional Services If it should become necessary for HACDB to request the bidder to render any additional services requested in this request or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work will be performed only if set forth in an addendum to the contract between HACDB and firm. Any such additional work agreed to by HACDB and the firm will be performed at the same rates set forth in the schedule of fees and expenses included in the Bid. Reimbursable Copy Costs: The successful proposer shall be responsible for paying for all typical copying costs necessary to provide the services on an hourly basis. However, in some cases, the HACDB may require the successful proposer to copy certain documents in a quantity greater than required by the requirements within the preceding sentence. Such copying must have the prior written approval of the HACDB and will be reimbursed to the successful proposer by the HACDB at the rate proposed and/or negotiated. Proposed Fees: Unless otherwise stated, the proposed fees are all-inclusive of all related costs that the successful proposer will incur to provide the noted services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; long distance telephone calls; document copying not specifically agreed to by the HACDB; etc. Any costs for approved travel required by the proposer will be reimbursed at reasonable cost, as preapproved by the HACDB. Quantities: All quantities entered within the preceding are for calculating purposes only. As may be further detailed herein, the HACDB does not guarantee any minimum or maximum amount of work as a result of any Page 12

13 award ensuing from this RFP, as the ensuing contract will be a Requirements Contract, in that the HACDB shall retain one contractor only and shall retain the right to order from that contractor (successful proposer), on a task order basis, any amount of services or items that the HACDB requires during the ensuing contract period(s). Escalation: Pertaining to the ensuing contract, there shall be no escalation of the proposed unit costs allowed at any time during the awarded contract periods. The successful proposer guarantees, by submitting a proposal, that he/she will hold all proposed costs for a period of 3 years. For the 3 rd -year contract period, if the successful proposer chooses to not hold or guarantee the originally proposed costs, the HACDB will not force the successful proposer to renew the contract at the original pricing but will conduct a new competitive solicitation process, which the successful proposer may respond to (unless otherwise barred by the HACDB for default or poor performance or other similar cause); and the successful proposer may only do so by delivery to the HACDB of a written notice delivered to the CEO at least 120 days prior to the end of the contract period. Manner of Payment Provide statement on expected terms of progress payments, and the basis of billing for hours of work completed during the course of the engagement in accordance with the firm s Bid proposal. Interim billings will cover a period of not less than a calendar month. Proprietary Information and Public Records Act Requests All rights to information developed, disclosed, or provided in a Proposal and its attendant submissions are the property of HACDB, unless a respondent makes specific reference to data that is considered proprietary. To the extent that a Respondent claims any copyright, patent, or other intellectual property right in any portion of its RFP, submission of an RFP constitutes the Respondent s express(a) grant and assignment of a perpetual transferable (in whole or in part,) non-exclusive royalty-free license to HACDB for all such portions and (b) agreement that HACDB may use any such intellectual property without charge for any lawful purpose in connection with other HACDB projects, including without limitation the creation of derivative works and issuance of sublicenses. Conflicts of Interest If a bidder has any existing relationship(s) that involves a member, an employer or a Board member of HACDB or an elected or appointed official of City of Daytona Beach that would compromise its objectivity, the bidder must disclose such relationship(s). The bidder shall certify in their proposal that no relationship exists or will exist during the contract period between the bidder and HACDB that interferes with fair competition or is a conflict of interest. HACDB reserves the right to reject a bid proposal or cancel the award if, in its sole discretion, any relationship exists that could interfere with fair competition or conflict with the interests of HACDB. Infringement and Indemnification The firm awarded this contract agrees to protect, defend and hold harmless HACDB against any demand for payment for use of any patented materials, process, article, or device that it may enter into the rendering of the necessary services. Furthermore, the selected firm agrees to indemnify and hold harmless HACDB, their Board of Commissioners and employees from suits or actions of every nature and description arising out of, or in connection with, the performance of this contract, or on account of any injuries or damages received or sustained by a party or parties by or from any act of the selected firm, or its agents. Equal Opportunity Page 13

14 The Housing Authority emphasizes that all respondents will receive full consideration without regard to race, color, religion, sex, national origin, disability, age or sexual orientation. Minority Business Enterprise (MBE) and Women s Business Enterprise (WBE) firms are especially encouraged to respond to this RFP. Limitations HACDB reserves the right to reject any and all Proposals and to waive any informality in the solicitation process. Affirmative Action Plans Explain method and procedures that your firm will use to achieve meaningful Section 3, Minority and Women Business participation in the contract. For any proposer claiming a Section 3 Business Preference, he/she shall include the fully completed and executed Section 3 Business Preference Certification Form. Exclusions Costs as described in the following section shall be underwritten by the Authority subject to the approval process described herein in addition to amounts bid on the basis of this specification: 1) All reasonable and necessary expenses paid out or incurred on behalf of the Authority in the provision of required services as described such as court costs, witness fees, recording fees, etc., but not including the Attorney s office or overhead expenses. 2) All reasonable and necessary expenses for traveling and subsistence in connection with the performance of the duties of said Attorney, outside the area within which the Authority is authorized by law to operate. Such compensation shall be limited to the amount allowed in accordance with the terms of the Authority Travel Policy current at the time the expense is incurred. 3) Fees and costs for litigation which, in the agreed opinion of both the Authority and the Attorney, are extraordinary or lengthy and beyond the Scope of Work of this RFP. In each case, the Attorney shall notify the Authority in writing and the matter will be reviewed. If agreement cannot be reached, the Authority will submit the matter to the Regional Counsel for the Department of Housing and Urban Development, and in the event any such litigation is in the opinion of the Office of the Regional Counsel extraordinary, the Attorney shall, upon written request of the Authority, perform such litigation which for the purpose of this specification, is considered extra services. In the event the Regional Counsel is of the opinion that such litigation is not extraordinary, it shall so notify the Authority and its Attorney before the opinion and final determination of Regional Counsel shall be or become binding upon said Authority and its Attorney. Law firms responding to this Request for Proposal shall include as part of their proposal a separate hourly rate to cover special or extraordinary litigation which the Authority from time to time may request of the Attorney. This litigation shall be beyond the scope of Work of this RFP. Licensing and Insurance Requirements The successful Offeror shall provide HACDB with evidence of all appropriate and applicable insurance coverage carried by the firm, including policy coverage periods. Offerors shall furnish HACDB with certificates of insurance, showing that the following insurance is in force and will insure all operations under this RFP. Prior to award (but not as a part of the proposal submission) the successful proposer will be required to provide: An original certificate evidencing the proposer s current industrial (worker s compensation) insurance carrier and coverage amount of $1,000,000; Page 14

15 An original certificate evidencing General Liability coverage, naming the HACDB as an additional insured, together with the appropriate endorsement to said policy reflecting the addition of the HACDB as an additional insured under said policy (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $5,000,000, together with damage to premises and fire damage of $50,000 and medical expenses any one person of $5,000), with a deductible of not greater than $1,000; An original certificate showing the proposer's professional liability and/or "errors and omissions" coverage (minimum of $1,000,000 each occurrence, general aggregate minimum limit of $5,000,000), with a deductible of not greater than $1,000; An original certificate showing the proposer's automobile insurance coverage in a combined single limit of $1,000,000. For every vehicle utilized during the term of this program, when not owned by the entity, each vehicle must have evidence of automobile insurance coverage with limits of no less than $50,000/$100,000 and medical pay of $5,000. Proposer Guaranty and Proposer Warranties The firm needs to execute the Proposer Guaranty and Proposer Warranties attached to the request for proposal as Appendix 2 and 3. PART VI - SUBMISSION INSTRUCTIONS Tabbed Proposal Submittal In order to allow HACDB to properly evaluate the offers received; all proposals submitted in response to this RFP must be formatted in accordance in a tabbed format having each category separated by numbered index dividers (numbers extends so that each tab can be located without opening the proposal). Each numbered tab should be labeled to correspond with a specific section listed under PART V - PROPOSAL FORMAT AND REQUIREMENTS. FORMS AND ATTACHMENTS The following forms and HUD Certifications, which shall constitute a part of the RFP and any contract should be included, under a corresponding tab. Completion and inclusion of these forms, are the respondent s concurrence that all work will be performed in accordance with professional standards, HUD regulations, requirements, criteria, local codes, ordinances, and statutes. o o o o o o o o o Profile of Firm Form Form HUD-2992: Certification Regarding Debarment and Suspension Form HUD-50071: Certification of Payments to Influence Federal Transaction Form HUD-5369-B: Instructions to Offerors Non-Construction Form HUD-5369-C - Certifications and Representations of Offerors, Non-Construction Contract Form HUD-5370-C - General Conditions Non-Construction Contracts (Provided for informational purposes and does not need to be submitted with the proposal) HUD Form 2530, Previous Participation Certification Non-Collusive Affidavit. Page 15

16 Proposal Submission: All proposals must be submitted in a sealed envelope to the HACDB office by no later than the submittal deadline stated herein (or within any ensuing addendum). A total of 1 original signature copy (marked "ORIGINAL") and 4 exact copies. The sealed envelope should be addressed to: LEGAL SERVICES RFP Daytona Beach Housing Authority Attention: Ethel L. Turner Deputy Executive Director 211 N. Ridgewood Avenue, Suite 300 Daytona Beach, FL All Proposals are due by 2:00 PM, EST, Monday, October 23, Any proposal received after This deadline will not be considered. HACDB reserves the right to reject any or all proposals with or without cause. Any technical questions concerning the request for proposal should be submitted in writing to the above address. Such questions must be received by the date and time stipulated in the calendar of events. If necessary, written responses to these questions will be provided to all firms holding RFPs no later than October 20, Proposal Calendar Attached to proposal is Appendix 1, the table listing key dates for the submission of the proposal, evaluation of responses, and the selection of the firm. Dates are subject to change. PART VII PROPOSAL SELECTION--EVALUATION FACTORS An HACDB evaluation committee will be established to review responses to this RFP. Proposals will be evaluated using the following evaluation criteria. The HACDB intends to retain the successful proposer pursuant to a Best Value basis, not a Low Proposal basis ("Best Value," in that the HACDB will, as detailed within the following Section consider factors other than just cost in making the award decision). Proposals must meet certain mandatory criteria in order to qualify for evaluation. Any attorney or firm that is not properly licensed, or has had disciplinary action or pending legal action within the last 5 years will require a written explanation, and may disqualify the respondent s proposal. The Authority, however, reserves the right to reject any and all proposals and to waive any informality in proposals received for any reason whatsoever. Technical Evaluation Factor: The following factors will be utilized to evaluate each proposal submittal received: NO. MAX POINT VALUE FACTOR TYPE 1 10 points Subjective (Technical) FACTOR DESCRIPTION The proposer UNDERSTANDS THE SCOPE OF WORK REQUIREMENTS/ TECHNICAL CAPABILITIES. Page 16

17 2 15 points Subjective (Technical) 3 20 points Subjective (Technical) 4 20 points Subjective (Technical) 5 15 points Subjective (Technical) 6 15 points Subjective (Technical) 7 5 points Subjective (Technical) 100 points The proposer s DEMONSTRATED EXPERIENCE/PAST PERFORMANCE in performing similar work in Litigation, and Landlord and Tenant Law, regarding evictions, prosecution, and appeals in local, State, and Federal proceedings. The proposer s DEMONSTRATED EXPERIENCE/PAST PERFORMANCE in performing similar work in providing general legal counsel, to a PHA or similar organization. Ten (10) years or more of experience. The proposer s DEMONSTRATED EXPERIENCE/PAST PERFORMANCE in performing similar work. Response DEMONSTRATED a broad and practical knowledge of HUD, State of Florida, Federal rules, regulations, requirements, and related procedures for the Public and Indian Housing Programs, Housing Choice Voucher (Section 8) LIHTC, to include Housing Development and Acquisitions, including Internal Revenue Code Section 42 and State Tax-Exempt Bond, Real Estate Tax Credit, Utility Easements, and Land Trust regulations, and Bond Issuance. The proposer s DEMONSTRATED EXPERIENCE/PAST PERFORMANCE regarding Civil rights and fair housing requirements, including employee, applicant, and resident claims involving Civil Rights Act of 1964, the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA); US Federal Fair Housing Act of 1968 (Equal Housing Opportunity) regarding Labor and Employment Matters, and alternative dispute resolution relating to public agency law. The proposer s DEMONSTRATED EXPERIENCE in performing similar work and the proposer s DEMONSTRATED SUCCESSFUL PAST PERFORMANCE regarding Authority in any new programs such as but not limited to establishment of notfor-profit subsidiaries, and creating/dissolving subsidiaries, and 501.3c entities. Property Development regarding acquisition and/or disposition of real property. The OVERALL QUALITY AND PROFESSIONAL APPEARANCE OF THE PROPOSAL SUBMITTED, Offeror s compliance with all specifications and/or other requirements contained in this RFP based upon the opinion of the evaluators. Total Technical Points Cost Evaluation Factor: The following factors will be utilized to evaluate each proposal submittal received: Lowest Cost of All Bids X 20 points Cost Proposed by this firm Page 17

18 NO. MAX POINT VALUE FACTOR TYPE FACTOR DESCRIPTION 20 points Objective The PROPOSED COSTS to provide the required work (including labor categories, estimated hours and skill mix method of assigning work and procedures for maintaining level of service, etc.) The technical and cost, and preference scores will be combined for a maximum score of 120 points. During proposal evaluation, HACDB reserves the right to call for supplementary information from Offerors, and to meet with all or any one of them to clarify points of uncertainty or ambiguity. If selected, candidates may be requested to attend an interview to discuss the proposed scope of work, including availability of equipment and staffing, accounting and payment procedures, schedules, qualification of subcontractors proposed for portions of the work, and such other items as are directly related to the proposal prior to being awarded the contract. Pre-proposal Conference: A pre-proposal conference pursuant to HUD regulation is not mandatory. Many prospective proposers have previously responded to an RFP with a multi-tabbed submittal and feel comfortable in doing so without attending the pre-conference. Therefore, the HACDB will not be hosting a pre-bid conference. PART VIII CONTRACT AWARD Board Approval Upon completion of the evaluation process, the Committee will present a recommendation to the full Board for award of a contract. HACDB reserves the right to award a contract to the firm which will provide the best match to the requirements of the RFP and the needs of HACDB, which may not be the firm offering the lowest fees. Contract Negotiations After Board approval, contract negotiations will be initiated. HACDB expects contract negotiations to be brief. If the contract cannot be negotiated quickly with the selected bidder, HACDB, may, in its sole discretion, terminate negotiations with the previously selected bidder and commence contract negotiations with another bidder from the list of the three highest scoring firms. If such negotiations are not, in the opinion of the CEO successfully concluded within 5 business days, the HACDB shall retain the right to end such negotiations and begin negotiations with the next-rated proposer. The HACDB shall also retain the right to negotiate with and make an award to more than one proposer, as long as such negotiation(s) and/or award(s) are addressed in the above manner (i.e. top-rated first, then nextrated following until a successful negotiation is reached). PART IX - CONTRACT TERMS The HACDB will not execute a contract on the successful proposer's form--contracts will only be executed on the HACDB form (please see Sample Contract), and by submitting a proposal the successful proposer agrees that: Page 18

19 Contract Service Standards: All work performed pursuant to this RFP must conform and comply with all applicable local, state and federal codes, statutes, laws and regulations. Employee Standards: The successful Offeror shall be responsible for maintaining satisfactory standards of employees competency, conduct, courtesy, appearance, honesty, integrity and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The HACDB shall retain the right to demand and receive a change in personnel assigned to the work if the HACDB believes that such change is in the best interest of the HACDB and the completion of the contracted work. Contract Term: The successful Offeror shall be expected to execute a standard professional service contract with HACDB. The term of the contract shall be effective when executed by HACDB. HACDB has the option to extend the contract annually up to five years, unless terminated sooner in accordance with the contract. Contract negotiations and renewals will be discussed with selected candidates. Term Extension: The contract with the selected legal firm will include a ninety (90) day term extension at the existing billing rates after contract expiration (if convenient to HACDB). This extension may be necessary if the current legal firm is not selected for the next legal services contract. Page 19

20 PART X - FORMS AND ATTACHMENTS Page 20

21 Appendix 1 PROPOSAL TIMELINE The following table is a list of key dates for the submission of the proposal, evaluation of responses, and the selection. Dates are subject to change. Dates for RFP Distribution of RFP September 20, 2017 Bidder Conference None Bidder submits questions on RFP September 20, 2017-October 19, 2017 HACDB will respond to bidders questions on October 20, 2017 Due Date of RFP October 23, 2017 Evaluation Committee reviews responses October 23, 2017-October 27, 2017 Executive Director reviews top scoring firms October 30-31, 2017 Interview, (if necessary) November 2, 2017 Board approval November 17, 2017 Firms informed of Board decision November 17, 2017 Contract negotiations TBD Proposed Contract Start Date November 17, 2017 Page 21

22 Appendix 2 Proposer Guaranty The proposer certifies it can and will provide and make available, as a minimum, all services set forth in the Scope of Work. Signature of Official: Name (typed:) Title: Firm: Date: Page 22

23 Appendix 3 Proposer Warranties A. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees, or agents thereof. B. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of Daytona Beach Housing Authority. C. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. D. Proposer warrants that it is willing and able to comply with Federal, State and Local laws with respect to public housing. Signature of Official: Name (typed:) Title: Firm: Date: Page 23