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REQUEST FOR QUALIFICATIONS (RFQ) - LEGAL SERVICES

Proposals Due by 3:00 pm EST on Thursday, April 9, 2020

Housing Authority of the City Kingstree and its Affiliates, Kingstree Housing Development Company and Kingstree Community Enrichment Corp.

1022 LEXINGTON AVE
Kingstree, South Carolina 29556

Request for Qualifications (RFQ) Legal Services Kingstree Housing Development Company, Housing Authority of the city of Kingstree, and Kingstree Community Enrichment Corp.

Issue Date: March 9, 2020
Submittal Date:  April 9th, 2020 by 3:00 PM EST

Title: Legal Services Issuing Company: Kingstree Housing Development Company Inc., Housing Authority of the City of Kingstree, and Kingstree Community Enrichment Corp.

Address:  1022 Lexington Ave. 29556. If proposals are mailed, send directly to the issuing agency listed above.

If proposals are hand delivered, deliver to Kingstree Housing Development Company Inc., 1022 Lexington Ave. Kingstree South Carolina 29556.

Table of Contents

  1. GENERAL INFORMATION
  2. SCOPE OF SERVICES
  3. SUBMISSION REQUIREMENTS
  4. SUBMITTAL INSTRUCTIONS
  5. EVALUATION CRITERIA
  6. ATTACHMENTS
    1. ATTACHMENT A: NON-COLLUSIVE AFFIDAVIT
    2. ATTACHMENT B: HUD-5369-B
    3. ATTACHMENT C: HUD-5369-C

ELECTION 1 - GENERAL INFORMATION: The Kingstree Housing Development Company seeks proposals from qualified law firms, partnerships, or legal practitioners to serve as general counsel to the Company and agencies, Kingstree Housing Authority Board of Commissioners, staff, and Board of Directors. General Counsel will provide legal services to KHD, KHA, and KCE in connection with housing programs, termination of lease proceedings, and review of contracts. KHD administers Section 8 PBRA program which manages 140 units. There is also a non-profit, Kingstree Community Enrichment Corp that offers services and programs to low- Income families. The primary source of funding for the operation of these various programs comes from the U.S. Department of Housing and Urban Development. Additional funding comes as a result of rents and related charges, along with charitable donations for our non-profit program. The Housing Authority of Kingstree (KHA) A is governed by a five-member board of Commissioners, appointed by the Mayor. The two other programs are governed by a Five-member Board of Directors Board.

SECTION 2 - SCOPE OF SERVICES: Kingstree Housing Development, Authority of Kingstree and Kingstree Community Enrichment 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 scope of services shall include but is not limited to the following:

  • Provide General Counsel and guidance to the KHA, KHD and KCE Board of Commissioners and Directors, Executive Director in public policy, such as open meeting laws, ethics, conflict of interest, and other matters. Other knowledge that would assist in selection is having experience in the following:
    1. Construction Contracting & Claims Resolution,
    2. Equal Employment Opportunity & Employment Issues,
    3. General Litigation and Representation, including Appellate Practice,
    4. Labor Relations and Human Resources,
    5. Pension, Employee Benefit and Tax,
    6. Workers' Compensation
    7. Environmental Hazards;
    8. Tax Exemption Applications and Property Assessment for Real Estate; and
    9. Public Sector Procurement
    10. Land Title Issues
    11. Public, Affordable and Mixed-Income Developments, including Mixed Financing Transactions
    12. Some complex evictions, Other General Real Estate Issues, including Acquisition, Disposition, Leasing and Development, and Non-Profits rules.
  • Be available to either attend regular and special meetings of the Board or be available via teleconference as required and provide legal guidance, as well as, represent the agency's legal opinion. Normally, Board of Commissioners meet once every quarter on the Third Thursday and the Board of Directors meet monthly, the third Thursday in the month at 1:00 pm.
  • Bring summary process actions in court and to otherwise represent agency's interest in nonpayment and termination of leases if the matter is able to be resolved by staff.
  • Review contracts (i.e. contracts for services, including professional services contracts, construction contracts, non-dwelling occupancy leases or special purpose agreements, etc.) as needed, and provide advice for areas such as contract negotiations, and resolution of contract disputes.
  • To act as attorney for the Company and agency in all matters for which the agency may request legal counsel.
  • Perform other legal tasks at the request of the Executive Director and Board.
  • Perform legal services in connection with land acquisition for new developments or project improvements, including title searches and preparing deeds, securing exceptions and/or variances from zoning and building ordinances, applying for zoning alternatives, and carrying out eminent domain proceedings where necessary.
  • Advise and represent the agency in negotiating with any developer, builder, contractor, and Management Company, governmental entity, lender, underwriter, financial advisor, or other organization as required by the agency. Negotiate the terms and conditions of all legal documents necessary to formalize and delineate the roles of the foregoing with the agency. The qualifications the agency is seeking may include the following:
    • General Counsel to a similar entity
    • Labor and employment practice
  • General and professional liability insurance
  • Real estate finance
  • Real estate development
  • HUD regulatory
  • Housing
  • General government
  • Public bidding and procurement

SECTION 3 - SUBMISSION REQUIREMENTS Each response should include:

  1. Statement of Qualifications. 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 the agency. The response should supply, at a minimum, the following information:
  2. Qualifications and experience of the firm
  3. List the primary persons who will be assigned to this contract, as well as their qualifications and experience.
  4. Evidence that primary attorney and assigned attorneys are licensed by the South Carolina Bar.
  5. Professional References Three (3) appropriate references should be included from clients with similar types of needs such as governmental, non-profit, or Housing Authority bodies or groups. Provide client name, contact name, address, and telephone number, as well as the nature of the relationship with the entity.
  6. Fees and Costs Provide a cost proposal for the expected services listed in the Scope of Services and present a payment schedule. Include, in a list, the standard billing rate for each professional listed to serve Kingstree Housing Development Company, Housing Authority of Kingstree and, Kingstree Community Enrichment Corp.
  7. Proof of Insurance The selected firm must carry or be willing and able to obtain adequate Professional Liability and General Liability insurance.
  8. Transition Responses should include a description of how the firm intends to assume the responsibility of existing legal matters and how soon the firm if selected, would be in a position to provide services.
  9. Attachments Review and complete any and all attachments.
  10. 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 agency include, but are not limited to, data concerning information, or the number of successful evictions and specific training and knowledge related to HUD programs the firm has acquired.

SECTION 4: SUBMITTAL INSTRUCTIONS: All proposals must be submitted by mail, hand delivered or emailed to the Kingstree Housing Development Company main office no later than the submittal date stated herein. If proposals are mailed, send directly to the issuing agency listed on page 1 of this RFP. If proposals are hand delivered, send to Kingstree Housing Development Company Inc., 1022 Lexington Ave., Kingstree South Carolina 29556. A total of one (1) original signature copy, three (3) exact copies. Electronic copies can be emailed. Use the following title: Legal Services Request for Qualifications The package should also denote the Respondent's name and return address. Submissions received after the deadline will not be accepted. Email delivery shall not be a substitute for or waive physical delivery of the proposal by the deadline. All proposals must be submitted in accordance with the conditions and instructions provided herein. The front cover of the proposal should bear the name of the RFQ, date of submittal, Respondent's name, address, as well as a phone number(s) and email address(es) of the primary contact(s).

All questions can be directed to Debra Williams, Executive Director, at 843-355-7516 or by email.

SECTION 5 - EVALUATION CRITERIA The following factors will be utilized by the Kingstree Housing Development and its affiliates to evaluate each proposal received. The evaluation of professional qualifications of the proposals will be based on the demonstrated qualifications including references from other clients, technical criteria, and proposal evaluation scoring.

  1. (10 Available Points) Completeness of response in accordance with RFQ instructions and requirements.
  2. (25 Available Points) Proposer's professional qualifications, education, and training experience in areas specified in the Scope of Services.
  3. (20 Available Points) Qualifications of the individual(s) assigned as primary counsel with relevant experience.
  4. (15 Available Points) Proposer's demonstrated the capacity to provide services and accomplish tasks in a timely manner in compliance with schedules.
  5. (20 Available Points) Proposal fee structure will be evaluated through a careful analysis of fees and/or costs compared to the other Respondents who demonstrate the ability to complete the required work. A competitive range will be established.
  6. (10 Available Points) Assessment of proposer's previous work by client references and references with demonstrated success in providing similar services.

100 - Maximum points possible