REQUEST FOR PROPOSALS FOR LEGAL SERVICES Town of Islip Affordable Housing Corp

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  • TABLE OF CONTENTS

    PART I – INTRODUCTION

    1.1 Definitions

    1.2 Profile of the Town of Islip Affordable Housing Corp

     

    PART II – STATEMENT OF WORK

    2.1 Scope of Services

    2.2 Firm Qualifications

     

    PART III – SPECIAL CONDITIONS

    3.1 Contract Term

    3.2 Standards of Conduct

    3.3 Section 3 and Minority/Women Business Participation

     

    PART IV – SUBMISSION REQUIREMENTS

    4.1 General Conditions

    4.2 Proposal Requirements

     

    PART V – PROPOSAL SELECTION

    5.1 Evaluation Factors

    5.2 Submission Instructions

     

    PART VI – FORMS AND ATTACHMENTS

    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

    Form HUD-5370-C1 – General Conditions for Non-Construction Contracts

    Section 3 Contracting Compliance – Certification Form

    Acknowledgement of Addenda and Responses to Written Questions

     

     PART I – INTRODUCTION 

    1.1 DEFINITIONS

    For the purposes of this Request for Proposals, the following definitions shall apply:

    The terms TOIAHC means the Town of Islip Affordable Housing Corp.

    The term “RAD” means Rental Assistance Demonstration.

    The term “RFP” means this Request for Proposals.

    The terms “Offeror”; “Firm”; “Proposer” mean the company(s), firm(s) or individual(s) from whom proposals are requested.

    The term “PHA” refers to a Public Housing Authority. As used in this RFP, the term PHA will refer to a particular type of organization.

    The term “HUD” means the United States Department of Housing and Urban Development, a Federal agency which partially funds and monitors operations of the Town of Islip Housing Authority. Nothing contained in this RFP or in the contract resulting from the selection process shall be construed to create any contractual relationship between the successful proposer and HUD.

     

    1.2 PROFILE OF THE TOWN OF ISLIP AFFORDABLE HOUSING CORP (Formerly TOWN OF ISLIP HOUSING AUTHORITY)

     The Town of Islip Housing Authority was incorporated in 1969 as a public housing authority under the laws of the State of New York. The mission of the Housing Authority of Islip was specifically stated as the provision of decent, safe, and sanitary housing for low income persons. The Town of Islip Housing Authority, now operating as the Town of Islip Affordable Housing Corp is governed by a Board of Commissioners, consisting of five members, appointed by the Supervisor and Town Council of the Town of Islip and two program participants elected by the program participants. The chief executive officer of the Authority, responsible for the organization’s general operations, is the Executive Director. The Housing Corp must follow the laws, policies and regulations as set forth by the U.S. Department of Housing and Urban Development RAD Program, applicable New York State law and applicable local government regulations. The Housing Corp converted to the Rental Assistance Demonstration (RAD) program on July 31, 2017 and administers approximately 360 RAD housing units for families and administers approximately 1036 rental vouchers through the Housing Choice Voucher (Section 8) Program. The Housing Corp maintains contractual agreements with HUD to manage and operate its low rent public housing program and administers the Housing Choice Voucher Program. The HA programs are entirely funded by rental income and HUD subsidies and grants.

     

    PART II – STATEMENT OF WORK

     

    2.1 SCOPE OF SERVICES

    The Town of Islip Affordable Housing Corp requests proposals from qualified legal firms to provide services in all legal matters. The TOIAHC is looking for a firm with experience in the following areas of legal services:

    Housing development and management; real property laws and codes, NY state

    public employer, labor and employment law and federal subsidy programs (i.e. public housing and Section 8 programs).

    Legal services under the contract which shall be entered into by and between the Town of Islip Affordable Housing Corp (TOIAHC) 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,

    2) Conferring with and advising the officers, management employees, and members of the Board of Commissioners on legal matters and issues when requested.

    3) Drafting and/or review of all legal documents, papers, contracts, agreements,

    certifications, resolutions, specifications, bonds, waivers, and such other legal

    drafting as may be required.

    4) Advising and consulting with the TOIAHC on all matters of a legal nature.

    5) Appearance for and representation of the TOIAHC, 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 TOIAHC 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.

    8) Guidance to the AOIAHC and staff regarding real estate procedures, as well as

    the completion of real estate transactions, including the review of utility easements.

    9) Defense of the TOIAHC during litigation arising out of the course of operations

    of the Authority except when provided by the Directors and Officers liability policy.

    10) Consultation to other attorneys representing the TOIAHC in litigation in which

    the liability insurance carrier retained counsel to represent the

    Housing Corp and, if needed, appearance in said litigation on behalf of the Housing Corp.

    11) Review of Federal guidelines and regulations and advise Housing Corp and staff to the consequences as necessary.

    12) Review potential terminations and make recommendations as to appropriate

    actions, as well as assist with the draft notices of termination when requested.

    13) Representation of the Housing Corp on appeals of lower court decisions to the Federal or State Appellate Courts.

    14) 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

    15) Approval of the legality of contracts and all payments there under.

    16) Handling of all legal questions and matters arising under contracts of the

    Housing Corp and rendering legal opinions on all matters submitted by the Housing Corp.

    17) Review and approval of all documents pertaining to temporary and permanent

    financing relating to all developments in the Housing Corp inventory.

    18) 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.

    19) Reviewing, advising, and representing the Housing Corp in connection with disputes

    arising out of the bid process.

    20) Reviewing, advising, and representing the Housing Corp with regard to disputes

    arising out of contracts between the Housing Corp and its vendors.

    21) Advising and representing the Housing Corp with regard to issues and claims arising

    out of construction contracts.

    22) Advising and representing the Housing Corp with regard to issues involving the Labor Law.

    23) Modification and approval of the Housing Corp’s dwelling lease(s).

    24) Advice and assistance to the Housing Corp in connection with the tenant

    grievance hearings, including appearances at hearings if requested.

    25) The preparation of all documents relating to the issuance of obligations of the

    Housing Corp as assistance rendered to special Bond Counsel in the issuance of

    definite bonds of the Housing Corp and its programs.

    26) 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.

    27) Advise and assist the Housing Corp in any new programs such as but not limited

    to establishment of not-for-profit subsidiaries.

    38) Advise and assist the Housing Corp on matters subject to the US Federal Fair

    Housing Act of 1968. (Equal Housing Opportunity)

    31) Other legal services as may be requested by the Housing Corp Board of

    Commissioners and/or President.

    NOTE: The Housing Corp estimates that approximately one hundred to one hundred and fifty hours per year of attorneys’ time been spent to fulfill the obligations of this contract, however, there is no guarantee expressed or implied that it could or would be more or less. This information is just intended as a guide.

     

    2.2 FIRM QUALIFICATIONS 

    The description of respondent’s qualifications and experience shall evidence/demonstrate

    that respondent possesses the following:

    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 Rental Assistance Demonstration (RAD) Housing Programs;

    2) Knowledge and work experience with Administrative regulations and the law in

    matters relating to, but not limited to the following areas:

    The N.Y.  State Civil Service System, Davis-Bacon Act, Lease and Grievance

    procedures, Affirmative Action regulations, New York State Public Housing Law

    and the programs of the Chatham County Department of Family and Children

    Services which impact low income housing, Lead-Based Paint Poisoning

    Prevention Action, Family Self-Sufficiency Program, HUD Disposition,

    Demolition and Development programs and laws and regulations relating to nondiscrimination based on handicap in federally-assisted programs with emphasis on

    Section 504 of the Rehabilitation Act of 1973 and the Architectural Barriers Act

    of 1968.

    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 and federal

    subsidy programs.

    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) Certifications that the firm/individual is not debarred, and that all necessary and/or

    required insurance coverage’s are in effect.

    8) Five or more years of experience representing a housing authority or its relative

    equivalent.

     

    PART III – SPECIAL CONDITIONS

    3.1 CONTRACT TERM

    The successful Offeror shall be expected to execute a standard professional service contract with the HA. The term of the contract shall be effective when executed by HA and shall continue for five years (specific dates to be identified in contract negotiations), unless sooner terminated in accordance with the contract.

    3.2 STANDARDS OF CONDUCT 

    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.

    3.3 SECTION 3 AND MINORITY/WOMEN BUSINESS PARTICIPATION

    The firm awarded the contract agrees to use its best efforts to subcontract and employ Section 3 and minority business enterprises and/or women business enterprises, certified as such or recognized by the HA as such. The HA is an equal opportunity employer and requires all of its contractors to comply with policies and regulations concerning equal employment opportunity.

    PART IV – SUBMISSION REQUIREMENTS

     4.1 GENERAL CONDITIONS

    The RFP will be available at the Administrative Office of the Town of Islip Affordable Housing Corp and available on the HA website,

    www.isliphousing.org. All addenda and responses to written questions will be published on the HA website or available in hard copy if requested. It is the respondents responsibility to check the HA website for addenda changes and written question responses. All proposals must conform to requirements outlined herein. The HA reserves the option to require or to request additional information from selected candidates. There may be subsequent instructions, if any, issued to the selected candidates.

    Any amendment or addenda may be issued prior to the opening of proposals for the purpose of changing or clarifying the intent of this RFP. All amendments or addenda shall be binding in the same way as if originally written in this RFP. The Offeror shall identify any conflicts of interest which may arise if the Offeror serves as TOIAHC’s counsel and shall describe how it proposes to avoid such conflicts. The contract will require the Offeror to notify TOIAHC immediately of any potential conflicts of interest and to undertake immediate action to eliminate the source of the potential conflict. TOIAHC will reserve the right to make the Offeror aware of situations which may present a conflict of interest and require the Offeror to promptly remedy the situation to the satisfaction of TOIAHC.

    Offerors shall be responsible for informing themselves with respect to all conditions, which might in any way affect the cost or performance of any of the work. Failure to do so shall be at the sole risk of the Offeror and no relief shall be given for errors or omissions by the Offeror.

    An authorized representative of the Offeror must sign proposals.

    This RFP does not represent a commitment or offer by TOIAHC to enter into contract, or other agreement with proposer. The proposal and any information made a part of the proposal will become a part of the Housing Corp’s official files without any obligation on the Housing Corp’s part to return it to the individual proposer. This RFP and the selected firm’s proposal will, by reference, become a part of any formal agreement between the firm and TOIAHC resulting from this solicitation.

    The Housing Corp reserves the right to waive any irregularities or formalities in any or all proposals. Failure to furnish all information requested may disqualify a proposer.

    The US Department of HUD, the US Government Accounting Office, the State of New York, Housing Corp, any duly authorized representatives of each, shall have access to, and the right to examine any and all pertinent books, records, documents, invoices, papers, and the like, of the firm, which shall relate to the performance of the services provided.

    The Offeror shall not collude in any manner or engage in any practices with any other

    proposer(s), which may restrict or eliminate competition. Violations of this instruction will cause the proposal to be rejected. This prohibition is not intended to preclude joint ventures or subcontracts.

    4.2 PROPOSAL REQUIREMENTS 

    The following is a description of the minimum information which must be supplied in your proposal. You may give supplementary facts or other materials that you consider may be of assistance in the evaluation.

    1. Executive Summary

    Provide a brief summary of your firm’s approach to the work associated with the requested services, demonstrate 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 authorities.

    1. Experience 

    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 under each name. Describe the experience of the Offeror conducting comparable services during the most recent five-year period similar in scope to the services required by Housing Corp. 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. 

    1. Qualifications

     Provide the qualifications and experience the firm has in providing services outlined in Section 2.1 Scope of Services., including Board certifications held. Describe Offeror’s experience with public housing legal issues including applicable State of New York and Federal public housing regulations.

    List all key members of the firm who will be committed to this contract.

    1. Intentionally Left Blank
    1. Cost 

    Provide hourly billing rates for services.

    Provide the monthly flat rate for services.

    (the HA shall have the option to elect either an hourly rate or a flat rate prior to entering into a written agreement for services) 

    1. Exclusions 

    Costs as described in the following section shall be underwritten by the Housing Corp 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

    Housing Corp 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 Housing Corp is authorized by law to operate. Such compensation shall be limited

    to the amount allowed in accordance with the terms of the Housing Corp Travel

    Policy current at the time the expense is incurred.

    3) Fees and costs for litigation which, in the agreed opinion of both the Housing Corp

    and the Attorney, are extraordinary or lengthy and beyond the scope of Section

    2.1 of this RFP. In each case, the Attorney shall notify the Housing Corp in writing

    and the matter will be reviewed.

    1. Insurance

    The successful Offeror shall provide TOIAHC with evidence of all appropriate and applicable insurance coverage carried by the firm, including policy coverage periods. Offerors shall furnish the Housing Corp with certificates of insurance, showing that the following insurance is in force and will insure all operations under this RFP.

     

    􀂾 Professional Liability Insurance – The successful Offeror shall maintain a policy of professional liability insurance in the amount of at least $1,000,000 per occurrence.

     

    􀂾 Workers’ Compensation in accordance with the State of New York rules and Regulations

     

    􀂾 General Liability Insurance with a single limit for bodily injury of $1,000,000 per occurrence and property damage limit of no less than $1,000,000 per occurrence.

     

    􀂾 Automobile liability on owned and non-owned motor vehicles used on the site(s) or in connection herewith for a combined single limit of bodily injury and property damage of not less than $1,000,000 per occurrence.

    All insurance shall be carried with companies that are financially responsible and admitted to do business in the State of New York. Offeror shall not permit the insurance policies required to lapse during the period for which the Agreement is in effect. All certificates of insurance shall provide that no coverage may be cancelled or non-renewed by the insurance company until at least thirty day’s prior written notice.

    PART V – PROPOSAL SELECTION

    5.1 EVALUATION FACTORS

    Selection of a successful Offeror will be the sole discretion of the Housing Corp. Proposals will be evaluated using the following evaluation criteria. Offerors will be selected based on the highest cumulative score, as provided below. The Housing Corp, however, reserves the right to reject any and all proposals and to waive any informality in proposals received for any reason whatsoever.

    EVALUATION CRITERIA Maximum

    Points 

    1. Offeror’s compliance with all specifications and/or other requirements contained in this RFP (excluding cost). 25
    2. Labor and Employment Matters

    Relevant experience and qualifications with NY state and federal statues and

    regulations regarding labor and employment matters relating to public agency

    law. Relevant experience and qualifications in alternative dispute resolution

    regarding employment matters. 15

    1. Affordable Housing Development and Acquisitions 

    Relevant experience and qualifications with affordable/public housing legal

    issues including applicable State of New York and Federal regulations affecting

    public housing authorities and the Section 8 program. 25

    1. General Counsel and Litigation and Cost

    Relevant experience and qualifications with affordable/public housing and

    Section 8 legal issues including applicable State of New York and Federal

    affordable/public housing and Section 8 regulations including costs.  35

    TOTAL POINTS 100

    During proposal evaluation, the Housing Corp 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.

     

    After evaluation of the proposal revisions, if any, the contract will be awarded to the responsible firm whose qualifications, price and other factors considered are

    advantageous to HA.

     

    5.2 SUBMISSION INSTRUCTIONS

     

    All communication for this RFP shall be in writing. Any verbal communication in

    regards to this RFP will be considered non-binding.

    All responses to the RFP must be enclosed in a sealed envelope and labeled as follows:

    LEGAL SERVICES RFP

    The RFP response must be addressed to:

    Town of Islip Housing Authority

    963 Montauk Highway

    Oakdale, NY 11769 

    All Proposals are due by 10:00 AM, EST, Friday, June 29, 20138. Any proposal received after this deadline will not be considered. 

    Offers by telegram, telephone, facsimile, e-mail, and handwritten proposals will not be accepted by HA.

    One (1) original and two (2) copies of the proposal must be submitted.

    PART VI – FORMS AND ATTACHMENTS

    Submit the following Forms and HUD Certifications, which shall constitute a part of the RFP and any contract. All work will be performed in accordance with professional standards, HUD regulations, requirements and criteria, local codes, regulations, ordinances, and statutes.

    􀂾 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-ConstructionContract

    􀂾 Form HUD-5370-C1 – General Conditions for Non-Construction Contracts

    (Provided for informational purposes and does not need to be submitted with the proposal)

    􀂾 Acknowledgement of Addenda

    TOWN OF ISLIP AFFORDABLE HOUSING CORP

    “LEGAL SERVICES” PROPOSAL

    ACKNOWLEDGEMENT OF ADDENDA AND

    RESPONSES TO WRITTEN QUESTIONS

    Offeror acknowledges having checked the Housing Corp website, www.isliphousing.org, for all Addenda and responses to written questions. Noted addenda numbers are listed below with the date of receipt.

    Addendum Number:   Date Received:

    Addendum Number:    Date Received:

    Addendum Number:   Date Received:

    Addendum Number:   Date Received:

     

    ___________________________________

    (Firm Name)

    ____________________________________

    (Signature)

    ____________________________________

    (Printed or Typed Name)

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