Legal Services RFP.docx

RFP 2025 5-5.009

Tenant Litigation Service

HOW TO FULLY RESPOND TO THIS RFP BY SUBMITTING A PROPOSAL SUBMITTAL

Submit questions and proposals through the Bidnet/Rocky Mountain e-Purchasing System- https://www.bidnetdirect.com/colorado

1. AUTHORITY’S RESERVATION OF RIGHTS:

1.1. The Authority (Jefferson County Housing Authority d/b/a Foothills Regional Housing) reserves the right to reject any or all proposals, to waive any informalities in the RFP process, or to terminate the RFP process at any time if deemed by the Authority to be in its best interest.

1.2. The Authority reserves the right not to award a contract pursuant to this RFP.

1.3. The Authority reserves the right to terminate a contract awarded pursuant to this RFP, at any time for its convenience upon ten (10) days written notice to the successful proposer(s).

1.4. The Authority reserves the right to determine the work schedule and locations that the successful proposer(s) shall provide the services described in this RFP.

1.5. The Authority reserves the right to retain all proposals submitted and not permit withdrawal for a period of sixty (60) days after the deadline for receiving proposals without the written consent of the Authority.

1.6. The Authority reserves the right to negotiate the fees proposed by the proposer entity as described in section 5.5 of this RFP.

1.7. The Authority 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.

1.8. The Authority shall have no obligation to compensate any proposer for any costs incurred in responding to this RFP.

1.9. The Authority shall reserve the right to, at any time during the RFP or contract process, prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein.

2. Background – Jefferson County Housing Authority The Authority (Jefferson County Housing Authority d/b/a Foothills Regional Housing) is the housing authority serving Colorado’s 774 square mile Jefferson County, located just to the north and west of Denver. The Authority provides housing opportunities including affordable units, voucher administration, single family rehab, and new development in both incorporated and unincorporated areas of Jefferson County. Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic initiatives, and to provide families and individuals with housing options driven by compassion and respect throughout Jefferson County. AUTHORITY’s portfolio includes 25 rental communities with 1300+ units.

SCOPE OF WORK

Legal Services for Foothills Regional Housing (FRH) Foothills Regional Housing (FRH), the Jefferson County Housing Authority, seeks proposals from qualified, licensed, and insured legal firms to provide professional legal services on an as-needed, task-order basis. FRH operates 23 rental communities with over 1,300 units, administers housing vouchers, and engages in rehabilitation and new development projects across incorporated and unincorporated areas of Jefferson County, Colorado. The selected firm(s) will support FRH’s mission to create vibrant, stable communities and provide housing options driven by compassion and respect, while ensuring compliance with federal, state, and local laws, including those of the U.S. Department of Housing and Urban Development (HUD).

FRH reserves the right to award contracts to different firms for distinct legal service categories outlined below. Selection of a general counsel firm under this RFP does not guarantee the award of all legal work, including but not limited to, in the areas of development, real estate, or transactions. FRH may, at its sole discretion, engage other firms for specific transactions or matters as deemed in the best interest of the Authority. The following scope is representative but not all-inclusive, as additional legal needs may arise during the contract term. The selected firm(s) must sign a confidentiality agreement and uphold FRH’s values of compassion, respect, and excellent customer service.

A. GENERAL LEGAL SERVICES

The selected firm(s) will provide ongoing legal counsel to support FRH’s operations and compliance requirements:

· HUD, State of Colorado, Jefferson County and municipal Compliance: Advise on federal, state and local regulations, and procedures. Knowledge of changing policies and their application to FRH programs.

· State and Local Law: Counsel on Colorado statutes and Jefferson County regulations and municipal regulations affecting affordable housing and housing authorities, including procurement law, labor law, governance, and public entity obligations (e.g., Colorado Open Meetings Act and Colorado Open Records Act [CORA]).

· Contract Management: Draft, review, and negotiate contracts related to FRH operations, including vendor agreements, leases, maintenance contracts, and intergovernmental agreements.

· Policy and Bylaw Support: Assist in drafting or revising FRH policies, procedures, and bylaws to ensure legal compliance and minimize liability exposure.

· General Litigation Support: Represent FRH in disputes or litigation arising from operational activities not covered under specialized categories below, including preparation of legal opinions and court filings as required.

B. Real Estate LEGAL SERVICES The selected firm(s) will support FRH’s efforts to expand housing opportunities through acquisition, disposition, rehabilitation, and development Analysis: Analyze and evaluate proposals and ensuring alignment with FRH’s goals and legal requirements.

Real Estate Financing

· Prepare business term sheets

· Provide legal opinions and recommendations.

· Coordinate legal aspects of financial closings, ensuring all documentation meets regulatory and lender standards.

· Real Property Transactions:

· Provide legal services for the acquisition, disposition, or leasing of real property, including due diligence, title examinations, and consolidated title opinions compliant with Colorado law.

· Draft and negotiate purchase agreements, easements, and related documents.

C. REGULATORY AND COMPLIANCE SERVICES

The selected firm(s) will ensure FRH adheres to its public entity obligations and supports its strategic initiatives:

· Public Records and Meetings:

· Advise on compliance with the Colorado Open Records Act (CORA), including responding to public records requests and protecting proprietary or confidential information.

· Counsel on the Colorado Open Meetings Act, ensuring lawful conduct of FRH Board meetings and public proceedings.

· Instrumentalities:

· Provide legal support for FRH-affiliated entities, such as Partnerships, Special Limited Partnerships, Non-Profits, or other instrumentalities established to develop and manage housing or community development programs.

· Draft formation documents, governance policies, and inter-entity agreements.

· Procurement and Grants:

· Review procurement processes and contracts to ensure compliance with HUD procurement standards and Colorado law.

· Assist in drafting grant applications and ensuring compliance with grant terms, including HUD funding conditions.

· Risk Management: Identify potential legal risks in FRH operations and recommend strategies to mitigate liability, including insurance coverage reviews.

D. PERFORMANCE REQUIREMENTS

· Availability: Provide legal services on an as-needed basis, with the ability to respond promptly to urgent requests (e.g., within 24 hours for emergencies).

· Coordination: Work closely with FRH staff, including property operations, development teams, and executive leadership, to align legal support with organizational goals.

· Documentation: Maintain thorough records of all legal work performed, including opinions, filings, and correspondence, and provide copies to FRH upon request.

· Reporting: Submit periodic summaries of ongoing legal matters, as requested by FRH, to facilitate oversight and budgeting.

· Customer Service: Deliver services with professionalism, responsiveness, and a commitment to FRH’s mission and values, ensuring clear communication with staff and stakeholders.

3. PROPOSAL FORMAT:

3.1. The Authority intends to retain the successful proposer pursuant to a “Best Value” basis, not A “Low Bid” basis only. Therefore, so that the Authority can properly evaluate the offers received, all proposals submitted in response to this RFP must be formatted in accordance with the sequence detailed below. None of the proposed services may conflict with any requirement the Authority has published herein or has issued by addendum.

Please submit a response that includes the following elements. Proposals must be numbered in accordance with the numbered items below:

1. Statement of interest and service understanding

2. References

3. Detailed Flat Rate Fee proposal corresponding with Section 3 overview and requirements.

3.2. Proposal Submission: All proposals must be received by the Authority through the Bidnet/Rocky Mountain e-Purchasing System - https://www.bidnetdirect.com/colorado by no later than the submittal deadline stated here or within any ensuing addendum. Proposals should be in Adobe Format with all attachments in one single PDF.

3.3. Submission Responsibilities: It shall be the responsibility of each proposer to be aware of and to abide by all dates, times, conditions, requirements, and specifications set forth in all applicable documents issued by the Authority, including the RFP document, the documents listed within the RFP, and any addenda and required attachments submitted by the proposer. By virtue of completing, signing, and submitting the completed documents, the proposer is stating his/her agreement to comply with all conditions and requirements set forth in those documents. Written notice from the proposer not authorized in writing by the Authority to exclude any of the Authority requirements contained within the documents may cause the proposer to not be considered for award.

3.4. Proposer's Responsibility-Contact with the Authority: It is the proposer’s responsibility to address all communication and correspondence pertaining to this RFP process to the aforementioned email address only. Proposers may not make inquiry or communicate with any other Authority staff member, contracted consultants, or official (including members of the Board of Commissioners) pertaining to this RFP. Failure to abide by this requirement may be cause for the Authority to not consider submitted proposal.

4. PROPOSAL EVALUATION

4.1. Evaluation Method: The Authority will evaluate each proposal submitted in accordance with the RFP procedures shown within the Authority’s Procurement Policy.

4.1.1. Proposals shall be reviewed and evaluated by Authority staff which may include contracted expertise.

4.1.2. Restrictions: All persons having familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a proposer entity will be excluded from participation on the Authority evaluation panel. Similarly, all persons having ownership interest in and/or contract with a proposing entity will be excluded from participation on the Authority’s evaluation panel.

4.1.3. An evaluation committee shall review and rank the submittals based on the evaluation criteria outlined in Section 4.1 of this RFP. Based on the submittals and the results of price negotiations, Procurement will issue the official award letter to the selected proposer(s).

4.2. Evaluation Criteria: The following factors will be utilized by the evaluation personnel appointed by the Authority to evaluate each proposal submittal received.

· Awarded Contingent upon any due diligence required by the Authority for finalization of the Authority’s Agreement and requirements as listed in the Solicitation and Agreement.

· The Authority will determine which overall proposal is awarded once proposals are viewed.

· The award will be based on proposed price, overall plan presented by proposing company, relevant experience in all areas requested, and most reasonable process from implementation through ongoing management.

· Initial ratings will be based on Proposed Fees, Relevant Experience, and Process as assessed by the Authority selection team. References may be contacted, and further interviews may be required to make a final selection.

5. CONTRACT AWARD

5.1. If a contract is awarded pursuant to this RFP, the following detailed procedures will be followed:

5.1.1. Upon final completion of the proposal evaluation process, the evaluation panel will forward the completed evaluations to the designated Authority staff. The designated staff will formulate and forward to the Authority’s CEO for consideration and approval of a written award recommendation. The CEO may choose to approve the award or may take the award recommendation to the Authority’s Board of Commissioners at a scheduled board meeting for approval (required procedure for contracts with a total value greater than $200,000). If so, the Authority’s Board of Commissioners will then make its determination and may or may not follow the panel’s recommendation. If the recommendation is followed and the top-rated proposer is approved for award, all proposers will receive a Notice of Results of Evaluation. Contract price negotiations may, at the Authority's option, be conducted prior to or after the Board’s approval.

5.1.2. In conjunction with the current timeline of the project, the Authority may accelerate the approval process to accommodate the requirements of the project.

5.2. Contract Conditions: The following provisions are considered conditions of any contract award made by Authority pursuant to this RFP:

5.2.1. Contract Form: The Authority intends to enter into a contract with the selected bidder based on a negotiated version of the Authority’s Service contract. By submitting a proposal, the successful proposer agrees to negotiate in good faith a mutually agreeable form of contract. It is the responsibility of each prospective proposer to notify the Authority in writing prior to submitting a proposal, of any contract clause that the proposer is not willing to include in the final executed contract and abide by. The Authority will consider and respond to such written correspondence, and if the prospective proposer is not willing to abide by the Authority's response (decision), then that prospective proposer shall be deemed ineligible to submit a proposal.

5.2.2. Assignment of Personnel: The Authority shall retain the right to demand and receive a change in personnel assigned to the work if the Authority believes that such change is in the best interest of the Authority and the completion of the contracted work. Contractor shall select and employ the replacement personnel.

5.2.3. Unauthorized Sub-Contracting Prohibited: 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 Authority’s CEO. Any purported assignment of interest or delegation of duty, without the prior written consent of the CEO shall be void. It may result in the cancellation of the contract with the Authority or may result in the full or partial forfeiture of funds paid to the successful proposer as a result of the proposed contract; as determined by the CEO.

5.3. Contract Period: The Authority shall retain the right to contract with the successful proposer for any amount of time that, in the opinion of the Authority, it takes to conclude any matter that the successful proposer may begin work on not to exceed the maximum five (5) year contract period.

5.3.1. Included with provisions among agreement will be Certification that the awarded Contractor does not knowingly employ or contract with an illegal alien, and Contractor will participate in the E-Verify Program

5.4. Licensing and Insurance Requirements: Prior to award (but not prior to submission of the proposal) the successful proposer will be required to provide:

5.4.1. The contractor shall provide to the Authority with copies of any required current City, State and/or Federal licenses. Failure to maintain these licenses in a current status during the term(s) of this contract shall constitute a material breach thereof.

5.4.2. If applicable, a copy of the proposer's license issued by the State of Colorado licensing authority allowing the proposer to provide the services detailed herein.

5.4.3. W-9

5.4.3.1. Intenially deleted.

5.4.3.2. Intentially deleted.

5.4.4. Performance & Payment Bonds: Intentionally deleted.

5.4.5. Right to Negotiate Final Fees: The Authority shall retain the right to negotiate the amount of fees that are paid to the successful proposer. The fees proposed by the top-rated proposer may, at the Authority's option, be the basis for the beginning of negotiations. Such negotiations shall begin after the Authority evaluation panel has chosen a top-rated proposer. If such negotiations are not, in the opinion of the Authority’s CEO, successfully concluded within five (5) business days, the Authority shall retain the right to end such negotiations and begin negotiations with the next rated proposer. The Authority 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 next-rated following until a successful negotiation is reached).

5.4.6. Contract Service Standards: All work performed pursuant to this RFP must conform to and comply with all applicable local, state, and federal laws.

7 COLORADO OPEN RECORDS ACT (CORA)

Please note that when providing proposals to the Authority in any format, the Authority is subject to the spirit of the Colorado Open Records Act (CORA) and any information provided by your company may be provided to the public. Please mark any proprietary information included in your submittal.

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