Request for Proposals (RFP)
Legal Services
RFP Release Date:
October 29, 2024
Qualifications Due by:
1:00 PM on November 18, 2024
Submit Qualifications through:
City of Richmond PlanetBids
RFP Contact:
Kimberly Pruitt
Senior Property Manager of the
Richmond Housing Authority
[email protected]
Table of Contents
I. Introduction ………………………………………………………………………….………3
II. Scope of Services…………………………………………………………….…………….3-5
III. Contract Terms and Conditions ………………………………………………………..6 IV. Proposal Submittal Guidelines ..…………………………..…………….…….……….6-7 V. Required Submission Package ……………………………..…………………………..7-9 VI. Evaluation and Selection Criteria …………………………..…………………………9-10 VII. Special Conditions ……………….……………………………………………….…….10-12 Attachments
Attachment 1: Legal Services Contract Sample
Attachment 2: Insurance Requirements
Attachment 3: HUD Forms Packet
Offerors non-Construction (HUD Form 5369-B), Certifications and Representations of Offerors Non-Construction Contract (HUD Form 5369-C), General Conditions for Non- Construction Contracts (HUD Form 5370-C), Certification Regarding Debarment and Suspension (HUD Form 2992).
Section I: Introduction
Purpose
The Richmond Housing Authority (RHA) is seeking qualified legal firms to provide legal services on an as-needed basis. This Request for Proposals (RFP) outlines the terms and conditions under which the RHA will select a qualified list of vendors to fulfill this contract.
Richmond Housing Authority
The RHA is a municipal corporation that is federally funded and regulated primarily under the U.S. Housing Act of 1937 as amended (42 USC 1437 et seq.). Created as a state agency in 1941 under the State Housing Authorities Law (Health & Safety Code Section 34200 et seq.), the RHA is bound by federal, state, and local laws.
The RHA serves the Richmond community by providing affordable housing and support services to low-income families, individuals, and seniors. The RHA is committed to improving the quality of life for its residents and fostering strong, vibrant communities.
RFP Overview
This RFP describes the scope of work, contract terms, proposal submission requirements, and evaluation criteria for the legal services. The estimated total contracts value is $400,000.00 for a three-year term, with an option to extend for two additional years at $100,000.00 per year for a total amount of $600,000.
Section II: Scope of Services
The RHA seeks a qualified, licensed, and insured legal firm to provide comprehensive legal services, mainly unlawful detainer services and representation, to ensure compliance with federal, state, and local laws and regulations.
Specific Legal Services:
Unlawful Detainer Representation:
o Assist and advise the RHA on property management/lease enforcement issues, including:
Rent collection
Lease terminations and evictions
Fair housing compliance
Tenant interaction and counseling
Representation in grievance hearings, mediation sessions, and court proceedings
Unit vacation and disposal of personal property
Collections resulting from terminations or evictions
Fraud recovery
o Represent the RHA in unlawful detainer cases for non-payment of rent and "for cause" violations.
o Prepare and file necessary pleadings, notices, and documents. o Represent the RHA in court proceedings.
o Provide bi-weekly status reports.
o Perform related tasks as assigned.
o Caseload: The firm will be expected to manage a rotating caseload of approximately 10 unlawful detainer cases at any given time.
General Legal Counsel:
o Render legal services to ensure compliance with federal, state, and local laws and regulations, including HUD regulatory requirements. o Provide advice to the Executive Director and employees of RHA.
Litigation and Representation:
o As needed represent the RHA in litigation in local and state courts and before administrative bodies.
o Perform other related tasks as assigned.
Section III: Contract Terms and Conditions
Contract Term
The Richmond Housing Authority intends to award a three (3) year contract with the option to renew for two additional years. The estimated total contracts value is $400,000.00 for the initial three-year term, with an option to extend for up to two additional years at $100,000.00 per year.
Licenses
The successful Firm will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Firm shall obtain all other required permits from the City of Richmond, for which the fees will not be waived. The successful Firm shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived.
General Conditions of the Contract
firm The firm shall comply with Instructions to Offerors non-Construction (HUD Form 5369-B), Certifications and Representations of Offerors Non-Construction Contract (HUD Form 5369-C) and General Conditions for Non-Construction Contracts (HUD Form 5370-C), and Certification Regarding Debarment and Suspension (HUD Form 2992) which are incorporated into the Contract Documents by this reference.
Insurance Requirements
Firm shall maintain in full force and effect during the entire contract term the Insurance Requirements as described in “City of Richmond - Insurance Requirements -” Type 2 - Professional Services, attachment 2.
Section IV: Proposal Submission Guidelines
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 1:00 pm November 18, 2024.
The City of Richmond reserves the right to waive inconsequential irregularities.
Proposals should be well-organized and address all aspects of the RFP. Include information on your company profile and experience, relevant project examples, your proposed staffing plan, pricing structure, and references.
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm, on November 11, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Please note that proposals received after the deadline may be rejected. The RHA reserves the right to conduct interviews with shortlisted vendors. Proposals become the property of the RHA and may be subject to public disclosure after the selection process is complete.
Section V: Required Submission Package
The submission package must include the following:
In addition to the following listed below, the submission package must include a signed and dated acknowledgement of and Addendums submitted in conjunction with this RFP, and a Certifications and representations of Offerors Non-Construction if applicable (Attachment 6), and Certification Regarding Debarment and Suspension (HUD-2992, Attachment 4).
The submission package must also include the following:
1. Cover sheet referencing this RFP with the name of the firm, contact information, number of employees, and location of office(s).
2. Firm’s Experience: Demonstrate your firm's experience in providing legal services similar in scope and complexity to those described in this solicitation. Provide your firm's capability and methodology for rendering the outlined services and resumes of key personnel who will be assigned to this engagement.
3. References: Provide references from previous clients for whom you have delivered similar legal services. Include statements or letters of recommendation describing job performance and service. Provide the point of contact, telephone number, email, title, and relation to you. The RHA intends to contact these references to determine reliability, job performance, service, and other information.
4. Understanding Scope of Services: Please describe your understanding of the services to be performed and/or the product to be provided. Specific areas to address in the proposal response include the following:
○ The specific legal areas of expertise your firm offers that align with the RHA’s needs.
○ Description of your firm’s approach to legal research, analysis, and representation.
○ Sample legal documents, such as 3-day, 30-day, or 60-day notices. ○ Hours of operation - address how before- or after-hours requests or other issues would be handled by your agency.
○ Response time in filling the City's requests.
○ Other qualifications that make your firm unique.
5. Proposed Rates and Fees: Please submit detailed pricing information for the following services:
o Hourly Rates:
Attorney Fees: Specify hourly rates for attorneys of different levels of experience.
Paralegal Fees: Specify hourly rates for paralegals.
o Additional Costs:
Court Costs: Indicate how court costs will be handled. Notice Costs: Please indicate the cost to serve a notice. Travel Expenses: Specify how travel expenses will be handles. Other Expenses: List any other potential expense, such as photocopying, postage, or electronic filing fees.
6. RHA Forms: Each respondent must complete the Forms as provided in Exhibit X.
Additional information on specific forms are included below:
○ Section 3 Participation: Provide a detailed narrative on how the respondent will assist the RHA to comply with HUD’s Section 3 requirements for hiring Section 3 residents and/or local disadvantaged individuals and businesses. A copy of HUD’s Section 3 requirements is provided in Attachment 6.
○ Minority and Women Business Participation: Proposals submitted in response to this solicitation must include an MBE/WBE participation plan which, at a minimum, demonstrates “Best Efforts” have been taken to achieve compliance with MBE/WBE goals.
○ All other applicable forms listed in Attachments 1 to 5.
Section VI: Evaluation and Selection Criteria
The Selection Committee shall first review submittals for initial decisions on responsiveness and responsibility. This shall include a check that required forms were submitted, verification that the vendor meets minimum qualifications, verification that the Vendor proposal response is reasonably complete, and other considerations of responsiveness based on the instructions within this RFP. Those found responsive and responsible based on this review will proceed to the proposal evaluation process, using criteria listed below.
Evaluation Process
The Selection Committee will evaluate proposals based on the following criteria:
Specific Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the proposals:
○ Quality and Responsiveness of the RFP: 20 points
Responsiveness to the terms, conditions, and items of performance. Completeness and thoroughness of the proposal.
Grasp of the scope and services to be performed, and the technical approach to be used.
○ Past Performance and References: 20 points
Evidence of good organizational and management practices. Qualifications and experience of key personnel.
Experience and past performance of the firm.
Professional experience in performing tasks similar in scope and complexity.
Past, recently completed, or on-going legal services that will substantiate experience.
References from customers and/or clients for whom you have delivered similar legal services.
○ Qualifications, Experience, and Work Plan: 30 points
Experience in performing work of a closely similar nature and size. Experience working with public agencies.
Experience and understanding of legal services required of other housing authorities.
Depth of firm understanding of RHA’s requirements.
Overall quality and logic of work plan.
○ Cost: 20 points
Proposed rates and fees of various temporary staffing positions, as outlined in the Scope of Services section.
○ Section 3 & M/WBE Plan: 10 points
All proposals will be reviewed to determine conformance with the RFP requirements. Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional, or contains irregularities may also be rejected.
RHA reserves the right to:
o Select any proposal as a basis for written or oral communication with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.
o Exercise discretion and apply its judgment with respect to selection of any proposals submitted.
o Reject all proposals.
Depending on the content as determined by the selection committee, RHA may conduct interviews of the top-ranking firms before final selections are made.
The total points for both the interview and the written proposal combined shall be used to determine the top candidate(s). The selection committee may then consider references and responsibility before selecting the finalist. The selection committee shall select the Proposer that
is evaluated to be most competitive, and whose response is deemed to be in the best interest of this requirement.
RHA may negotiate elements of the contract as required to best meet the needs of RHA, with the apparent successful firm. If, during contract negotiations and/or during the terms of the agreement, the successful firm finds that the requirements can be met in a more advantageous way, the successful firm shall notify RHA in writing of such finding. RHA may include such changes in the Contract.
If RHA determines, in the course of negotiations, that a satisfactory contract cannot be executed in a timely fashion, RHA may reject the successful Proposer and either terminate the procurement process or initiate negotiations with other Proposers in the order of their relative ranking.
Section VII: Special Conditions
Reservations
This RFP does not commit the Richmond Housing Authority to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. RHA may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against RHA.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submission to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Right to Cancel
RHA reserves the right to cancel or revise, for any or no reason, in part or in its entirety, this RFP. If RHA cancels the RFP prior to the deadline for proposals or revises the RFP, notification will be placed on the City of Richmond’s BidsOnline System www.ci.richmond.ca.us/bids.
Additional Information
RHA reserves the right to request additional information and/or clarification from any or all proposers to this RFP, but is under no obligation to do so.
HUD Section 3 Clause
1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
3. The firm agrees to send to each labor organization or representative of workers with which the firm has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the firm's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin
4. The firm will certify that any vacant employment positions, including training positions, that are filled (1) after the firm is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the firm's obligations under 24 CFR Part 135.
5. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.