Request for Qualifications Legal Services

Request for Qualifications Legal Services RFQ 2016-002 Closing Date April 24, 2015 Pamela E. Davis 3/29/2015

1 GAINEVILLE HOUSING AUTHORITY REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES I. PHA MISSION AND VISION DESCRIPTION The Gainesville Housing Authority, hereinafter referred to as GHA, functions as a performancedriven, customer-focused sustainable business; advocating for, preserving and developing quality affordable housing an self-sufficiency opportunities. Our Vision is that Gainesville Housing Authority will be the leader in developing affordable housing to ensure that all Gainesville residents have access to high quality housing providing a foundation for improving their quality of life and achieving self-sufficiency. The GHA owns and operates 635 units of Low Rent Public Housing consisting of eight developments, administers 1,419 units of Section 8 Housing Choice Voucher Program and has nonsubsidized rental homes. The primary source of funding for the operation of the various programs comes from the U.S. Department of Housing and Urban Development. Additional funding comes as a result of collection of rents and related charges. II. SCOPE OF LEGAL SERVICES REQUIRED The GHA intends to award a contract to a qualified lawyer or firm to provide day-to-day legal services necessary for the operation of the agency. The attorney or firm selected should at a minimum be able to provide the following services: 1. Serve as general counsel and represent the GHA in any legal matters. 2. File lawsuits on behalf of the Housing Authority and serve as counsel on any matters pertaining to the case. 3. Represent the GHA in court on lawsuits filed against it by contractors, residents, landlords, and others. 4. Bring summary process actions in County Court and to otherwise represent GHA s interest in nonpayment of rent cases and termination of leases. 5. Provide written legal opinions on varying circumstances with respect to procurement regulations of the Local Government Code, Code of Federal Regulations, HUD Procurement Standards Handbook and others as necessary. 6. Review contracts (i.e. contracts for services, including professional services contract, construction contracts, non-dwelling occupancy leases or special purpose agreements, etc.) as needed, and provide advice for areas such as contract negotiation, and resolution of contract disputes.

2 7. Provide legal opinions and attend meetings as necessary for the resolution of disputes between the GHA and Contractors and/or vendors. 8. Provide all necessary legal services as may be required by the acquisition of or disposition of property to certify conformance to Local, State and Federal regulations. 9. Represent the GHA in informal hearings against residents or formally in a court of law as may be determined by the circumstances. 10. Represent the GHA in Human Resources matters including, but not limited to, formulating procedures for hiring and terminating employees and any subsequent actions. (If your firm will not be handling the HR issues directly, please submit the law firm qualifications and hourly rate as a part of your team). 11. Attend Board of Commissioners meetings or other scheduled meetings as required and provide legal guidance, as well as, represent the GHA s legal opinion. Normally, Board of Commissioners meets at least once per month. 12. Assist in preparing correspondence or other documents to contractors, vendors, agents, etc., as may be necessary to protect the Authority s interest for both the present and future. 13. Assist in the interpretation of regulations by Local, State, and Federal agencies. 14. Provide training as requested on GHA Dwelling Lease, Section 8 Certification and Leasing Process and the eviction procedures and/or voucher withdrawal procedures to persons serving as Hearing Officers. 15. Provide legal representation and act as liaison with HUD s Legal Department, HUD s Offices, and USDA s offices, at a minimum. In submitting a response, the RFQ responder acknowledges that the GHA shall not compensate the responder for any submission or contract negotiation costs, including costs of preparation, appearances for interviews, and/or travel expenses. It is essential that the responderr selected as General Counsel will have the necessary knowledge, skills and experience to implement all aspects of the work. All work is to be performed with the highest degree of professional standards, in compliance with HUD regulations, GHA policies and procedures, criteria and requirements, and State and local laws and regulations. III. FORM OF RFQ RESPONSE Each potential responder, being satisfied as to the type of legal services required by GHA, should submit six (6) copies of a written RFQ response addressed as follows:

3 RFQ for Legal Services Gainesville Housing Authority 1900 S.E. 4th Street Main Office Gainesville, FL 32641 Attention: Pamela E. Davis, Executive Director All responses must be received by 2:00 p.m. on May 27, 2011. Each response should include: 1. Statement of Responder s Qualifications and Experience This statement should include a brief biographical summary of the principal members of the firm with a highlight of the individual(s) who would primarily serve GHA. Three (3) appropriate references should be included from clients with similar types of needs such as governmental, nonprofit or Housing Authority bodies or groups. Provide client name, contract name, address, and telephone number and indicate length and nature of relationship with the entity. The response should supply the following information (not all inclusive): Qualifications/Experience of the firm Qualifications/Experience of the individual(s) performing the services Professional References Cost for Services Payment Schedule Proof of Professional Liability Insurance Evidence that primary attorney and assigned attorneys are licensed by the Florida Bar. 2. Transition Each response should include a description of how the firm intends to assume responsibility of existing legal matters and how soon the firm, if selected, would be in a position to provide services. 3. Other At the responder s option, any relevant background data not specifically referenced above may be included to enhance the response submission. Areas of interest to the Commission include, but are not limited to, data concerning information or the number of successful evictions and specific training/knowledge related to HUD programs the firm has acquired.

4 IV. MINIMUM QUALIFICATIONS The qualifications GHA is seeking include the following: 1. All members of the firm practicing in Florida must be admitted to practice before the Bar in the State of Florida. 2. A member of the firm must be admitted to practice before the Federal judiciary and have litigation experience before the Federal Court. 3. Experience with litigation. 4. Familiarity with public housing legal issues including applicable State of Florida and Federal public housing regulations. 5. Familiarity and experience with Florida Statutes Chapter 83, Florida Landlord and Tenant Law. 6. At all times the firm and all individuals assigned to perform legal services must be free from conflicts of interest because of any other engagements, work performed or personal or business dealings. Any possible conflict must be disclosed. V. ADDITIONAL PREFERRED EXPERIENCES The preferred qualifications GHA views favorably include: 1. Familiarity with public procurement law including legal counseling, litigation and dispute resolution. 2. Familiarity with regulatory analysis and litigation at state and national levels. 3. Experience with labor and employment law. 4. Other benefits, capabilities and experiences the firm wishes to offer. VI. METHOD OF SELECTION GHA will review and screen all written responses based on the qualifications and criteria for selection. One or more finalists may be selected to be interviewed before the Board of Commissioners who will select a firm from the finalists. The firm selected will serve as the attorney to the Gainesville Housing Authority, Commissioners and its management. VII. CRITERIA FOR SELECTION Responders must meet the minimum qualifications set forth in paragraph IV above.

5 GHA reserves the right to accept or reject in part, or reject all responses and to re-solicit new responses. GHA may also reject any responses that are incomplete or non-responsive and any responses that are submitted after the deadline. EVALUATION CRITERIA GHA will assess the aspects of the responses in the following manner: 1. Professional qualifications, relevant experience and evidence of the responder s ability to perform the work.......25% 2. Qualifications of individual(s) assigned as primary counsel with relevant PHA 1590 experience....25% 3. Capability to provide legal services in a timely manner.. 20% 4. Fee.... 15% Each of the above aspects will be carefully evaluated to insure that the finalists have the experience and capability to handle the variety of legal issues the GHA may encounter. Both experience of the firm and the qualifications of the primary individual assigned as the primary attorney will be carefully evaluated to determine the best candidate(s). Please note that the GHA currently pays for services at an hourly rate on an as needed basis. Responses may not be withdrawn for a period of ninety (90) days from the submission deadline date. Any questions concerning the Request for Qualifications should be directed to Pamela E. Davis, Executive Director, and (352) 872-5500 ext. 219. VIII. CONTRACT AND AWARD The Contract for Legal Services in this RFP document will be subject to the approval of GHA s Board of Commissioners. This RFP will result in a fixed-fee contract, the terms of which will be negotiated between the GHA and the selected responder. The contract shall commence on the date specified therein and shall terminate upon completion of all services required pursuant to the contract unless terminated as provided therein. The term of the contract shall not exceed three years with subsequent multi-year renewal options.

6 A. AFFIDAVIT OF NON-COLLUSION AND OF NON-INTEREST OF HOUSING AUTHORITY EMPLOYEES, * being first duly sworn, deposes and says that s/he (it) is the Offeror in the above RFQ response, that the only person or persons interested in said response are named therein; that no officer, employee or agent of the Gainesville Housing Authority or of any other Offeror is interested in said response; and that affiant submits makes the above response with no past or present collusion with any other person, firm or corporation. Affiant STATE OF _ COUNTY OF _ The foregoing instrument was acknowledged before me this day of, 20, by, who is personally known to me or who has produced as identification and who did take an oath. Notary Public My Commission Expires: *NOTICE: State name of RFQ responder followed by name of authorized individual (and title) that is signing as Affiant. If Responder is an individual, state name of Responder only. B. SWORN STATEMENT UNDER SECTION 287.133(3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1. The business address of (name of business) is. 2. My relationship to (name of Responder or business) is. (Relationship such as sole proprietor, partner, president, vice president). 3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or such an

7 agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the Florida Statutes to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilt or nolo contendere. 5. I understand that "affiliate" is defined by the Florida Statutes to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 6. Neither the responder or contractor, nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the responder or contractor, nor any affiliate of the responder or contractor has been convicted of a public entity crime subsequent to July 1, 1989. (Draw a line through paragraph 6 if paragraph 7 below applies.) 7. There has been a conviction of a public entity crime by the responder or contractor, or an officer, director, executive, partner, shareholder, employee, member or agent of the responder contractor who is active in the management of the responder or contractor or an affiliate of the responder contractor. A determination has been made pursuant to Section 287.133(3) by order of the Division of Administrative Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicted vendor list. The name of the convicted person or affiliate is: A copy of the order of the Division of Administrative Hearings is attached to this statement. (Draw a line through paragraph 7 if paragraph 6 above applies.) (Signature) (Print name)

8 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of, 20 by, who is personally known to me or who has produced as identification and who did take an oath. Notary Public My Commission Expires: State of: City of: C. CONTRACTOR S SECTION 3 COMPLIANCE AFFIDAVIT The undersigned makes this affidavit with full knowledge that its contents will be used in the expenditure of funds provided by the United States government. Under penalty of perjury, I hereby state: 1. I am the of (Owner, Partner, Officer, agent) (Company Name) the responder that has submitted the attached response; and, 2. My company/corporation adheres to Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 170 Iu, which requires, to the greatest extent feasible, that a good faith effort is given to identifying small business located within the boundaries of the Section3 service area, making them aware of contracting opportunities, encouraging their participation and actually awarding contracts to Section 3 business concerns. 3. An attempt will be made to undertake outreach activities intended to encourage participation by Section 3 residents in training and employment opportunities, to include but not be limited to: A. Advertising in local media; B. Distributing flyers on training and job opportunities to public housing sites and posting flyers in common areas; C. Informing labor organizations and private job training agencies of potential jobs and contract opportunities; D. Participation in job information meetings and workshops to help Section 3 residents complete applications and learn interviewing techniques.

9 Affiant s Signature Affiant s Title Address: Telephone: ( ) Affiant s Company Name: Subscribed and sworn to under oath before me this day of, 20. My commission expires: NOTARY NAME: