Philadelphia Housing Development Corporation

REQUEST FOR QUALIFICATIONS—LEGAL SERVICES PROVIDERS (LABOR, EMPLOYMENT AND EMPLOYEE BENEFITS)

The Philadelphia Housing Development Corporation (“PHDC”) is issuing a Request for Qualifications (“RFQ”) from qualified attorneys and law firms to provide legal representation to PHDC primarily in the areas of labor, employment and employee benefits matters, including, but not limited to, grievance proceedings, employee arbitration hearings, employee-related litigation, contract negotiations with AFSCME, Local 1971, and the legal relationship between PHDC and its union staff.

Counsel will also be asked to provide advice and guidance to PHDC management in matters related to benefits provided by PHDC to its exempt and non-exempt employees; Federal and State employment law, regulations and codes; workplace rules and policies; employee pension issues and similar matters that arise in PHDC’s ordinary course of business; and related matters as may be required by the Executive Vice President.

One or more attorneys/law firms may be selected to perform legal services while acting as “outside legal counsel” for PHDC.

Interested attorneys and law firms may obtain an RFQ packet from the PHDC website at www.phdchousing.org, pick up an RFQ packet at the address below or contact Lowell L. Thomas, Esquire, General Counsel, at 215-448-3113 or [email protected].

An original and three (3) copies of the Proposal must be submitted no later than 4:00 p.m. on Friday, March 6, 2015, to:

Michael Koonce Executive Vice President Philadelphia Housing Development Corporation 1234 Market Street - 17th Floor Philadelphia, PA 19107

PHDC strongly encourages and promotes through its Anti-Discrimination Policy, cooperation and utilization of qualified Minority-Owned Business Enterprises (“MBE”), Women-Owned Business Enterprises (“WBEs”) and Disabled-Owned Business Enterprises (“DSBEs”) in all aspects of its procurement of goods and services.

1 PHILADELPHIA HOUSING DEVELOPMENT CORPORATION

REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES PROVIDER

I. INTRODUCTION

The Philadelphia Housing Development Corporation (“PHDC”), by way of this Request for Qualifications (“RFQ”), is soliciting proposals from qualified attorneys and law firms to provide legal representation to PHDC primarily in the areas of labor, employment and employee benefits matters, including, but not limited to, grievance proceedings, employee arbitration hearings, employee-related litigation, contract negotiations with AFSCME, Local 1971, and the legal relationship between PHDC and its union employees.

Counsel will also be asked to provide advice and guidance to PHDC General Counsel and management in matters related to benefits provided by PHDC to its exempt and non-exempt employees; Federal and State employment law, regulations and codes; workplace rules and policies; employee pension issues; similar matters that arise in PHDC’s ordinary course of business; and related matters as may be required by PHDC’s Executive Vice President.

One or more attorneys/law firms may be selected to perform legal services while acting as “outside legal counsel” for PHDC. (Such attorneys and law firms shall be referred to hereinafter as “legal services provider.”)

II. PHDC MISSION

PHDC is a nonprofit corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, that works closely with, and receives most if its funding from, Federal and State agencies and the City of Philadelphia (the “City). Its chartered and major purpose is to help make new and rehabilitated home ownership possible for families of modest financial means. Through the City’s Office of Housing and Community Development (“OHCD”), PHDC receives substantial grants from the Community Development Block Grant (“CDBG”) program and the Federal HOME Investment Partnerships Program funded by the U.S. Department of Housing and Urban Development (“HUD”). The City has also designated PHDC to be the direct recipient of funds from HUD and the Commonwealth of Pennsylvania (the “State”) for its Weatherization Assistance Program.

2 III. SCOPE OF WORK

The General Counsel of PHDC is responsible for providing legal representation and counsel to the directors, officers and employees of PHDC concerning all matters arising in connection with the exercise of their corporate duties, responsibilities and powers. Periodically, PHDC seeks legal services providers to assist with such legal work, or in the event of a conflict, to represent PHDC’s interests.

The contracting opportunity presented in this RFQ entails providing legal representation to PHDC in labor, employment and employee benefit matters, including grievances proceedings, employee arbitration hearings, employment-related litigation, contract negotiations with AFSCME, Local 1971, and the legal relationship between PHDC and its union employees.

Counsel will also be asked to provide advice and guidance to the PHDC General Counsel and management in matters related to benefits provided by PHDC to its exempt and non-exempt employees; Federal and State employment law, regulations and codes; workplace rules and policies; employee pension issues; similar matters that arise in PHDC’s ordinary course of business; and other related matters as may be required by PHDC’s Executive Vice President.

Minimum Qualifications

Applicants must be licensed and admitted to the bar in Pennsylvania and other applicable jurisdictions and tribunals and have demonstrated expertise, experience and available resources in the types of matters requiring services.

Compensation Rates

Applicants must submit the hourly billing rates for each attorney, paralegal and other assistant, if any, expected to perform services in connection with the legal services required under this RFQ. Also, applicants must identify all services or expenses (such as photocopying, telephone charges, postage, courier services, etc.) and related rates which will be billed in addition to the other hourly billing rates.

Applicants may present alternative billing arrangements for consideration, such as fixed fees for particular services or other non-hourly billing fee arrangements.

IV. ANTI-DISCRIMINATION PLAN

PHDC strongly encourages and promotes, through its Anti-Discrimination Policy, cooperation and utilization of qualified Minority Business Enterprises (“MBE”), Women Business Enterprises (“WBE”) and Disabled Business Enterprises (“DSBE”) in all aspects of its procurement of goods and services. All applicants shall submit as part of

3 their response an Anti-Discrimination Plan (“Plan”) which details specifically and unequivocally how they will engage qualified MBEs, WBEs and DSBEs in their response for any work being solicited in this RFQ. The Plan must also specifically identify, and contain a brief profile of, each such MBE/WBE/DSBE firm and/or individual that applicants propose to engage and specifically describe the services that each such firm and/or individual will perform, as well as their respective qualifications for performing any such services. PHDC strongly encourages MBE, WBE and DSBE firm/individual participation in any applicant’s response to this RFQ at a minimal aggregate level of 25% of the entire proposed scope of services to be provided and quoted amount of fees.

V. REQUIREMENTS FOR PROPOSALS

A. In order to be considered, applicants shall submit an original and three (3) typed copies of a complete response to this RFQ in the format provided hereinbelow. The original and copies must be mailed “Return Receipt Requested” or hand delivered with an acknowledgement of receipt to be signed upon receipt and received by no later than the deadline set forth in subsection C hereinbelow (the “Deadline”) by:

Michael Koonce Executive Vice President Philadelphia Housing Development Corporation 1234 Market Street – 17th Flr. Philadelphia, PA 19107

B. To qualify for consideration, the response shall be organized in the following manner:

1. Title Page:

State the full name and address of the attorney and/or law firm, principal office address, telephone number, and name of the contact person. The same information must also be provided for any individual(s) who applicants intend to assist with and/or perform any aspect of the required professional services.

2. Table of Contents:

Include a clear outline of the content of the written response by section and page number.

3. Letters of transmittal shall be limited to one or two pages and shall:

a. Briefly summarize the applicant’s understanding of the work to be performed and proposed approach to render such services.

4 b. State the proposed hourly billable rates for each attorney and paralegal that will provide, and any other fees, charges and costs attendant with the provision of, the required legal services. [Note: PHDC will not consider proposals containing attorney hourly rates in excess of $225.00 unless extraordinary or other extenuating circumstances are presented.]

4. Profile:

a. A copy of applicants’ individual or law firm resume, as well as one for each MBE/WBE/DSBE individual or law firm that applicant proposes to engage to perform any aspect of the required legal services.

b. A description of the range of all germane professional activities and services that applicant proposes to perform for PHDC.

5. Applicant’s Plan and the MBEC/WBEC/DSBEC Certification number for applicant, if applicable, and any MBEC/WBEC/DSBEC individual and/or law firm that applicant proposes to engage.

6. References for work performed by applicant similar to that required under this RFQ, especially those from former or current government clients.

7. A statement that applicant and its subsidiaries and affiliates, if any, have no pending or threatened legal or other proceedings or matters in conflict with the interests of PHDC or the City.

8. A statement that all taxes of applicant and its subsidiaries and affiliates, if any, are current and that applicant and its subsidiaries and affiliates, if any, are not currently, and shall not be at any time during the term of any contract with PHDC, indebted to the City or the Federal or any State or other local government for or on account of any delinquent taxes, liens, judgments, fees or other debts for which no appeal is pending or written agreement or payment plan satisfactory to PHDC has or shall be established.

9. Any other documentation or information requested by PHDC deemed pertinent to applicant’s proposal and/or response to the RFQ, but not specifically requested herein.

5 C. Proposal Deadline

All responses must be received by no later than 4:00 p.m. on Friday, March 6, 2015.

VI. EVALUATION OF RESPONSES

Responses submitted will initially be evaluated by PHDC based solely upon review of the written submission. For those responses deemed acceptable after this initial assessment, further evaluation will take place, which may include a face-to-face interview and/or presentation. The following criteria will be used to evaluate each response:

A. Demonstrated qualifications (including, without limitation, licensing), experience, knowledge, resources and ability of the person(s) and/or firm to perform the required legal services;

B. Proposed scope of services to be provided;

C. Demonstrated organization and responsiveness of the applicant, as well as proposed utilization of each member of the “team” that will perform any proposed services;

D. Demonstrated financial and technological capabilities;

E. Proposed MBE/WBE/DSBE participation and Plan;

F. Proposed compensation for each member of the “team” and charges, costs or fees for nonprofessional services to be provided;

G. Demonstrated ability to meet all insurance requirements;

H. Quality, conciseness, clarity and completeness of the written submission; and

I. Any other matters reasonably deemed relevant by PHDC to determine applicants’ ability to adequately perform the required legal services.

VII. SELECTION AND CONTRACT

A. Upon completion of the review and evaluation process and the obtaining of all necessary internal approvals by PHDC, a professional services agreement

6 may be prepared and submitted for execution to the selected applicant(s). The selected applicant(s) shall agree to abide by PHDC’s General Terms and Conditions, which will be attached to the agreement. Failure of any selected applicant(s) to execute their agreement within thirty (30) days of receipt, at PHDC’s sole discretion, may result in the withdrawal or rescission of their selection and PHDC’s offer to contract with any such applicant(s) may be deemed withdrawn or rescinded. In the event of any such withdrawal or rescission, PHDC shall have no further liability or owe any further duty or obligation of any kind with respect to such applicant(s) and another applicant(s) may be selected and tendered an agreement or, in the alternative, all other submissions from applicants may be rejected and new proposals may be solicited.

B. In the event a professional services contract is executed by any applicant(s) and PHDC, the applicant(s) shall procure from an insurance provider approved by PHDC, and maintain during the term of the agreement, Professional Liability (Malpractice) Insurance in the following amounts:

Each Occurrence $1,000,000.00 General Aggregate $1,000,000.00 Operations Aggregate $1,000,000.00

The selected applicant(s) shall also obtain General Liability, Automotive Liability, Professional Liability and Workers Compensation and Employers Liability Insurance from an insurance provider approved by PHDC in accordance with the amounts prescribed by PHDC and maintain such coverage during the term of any such agreement.

PHDC and the City shall be carried as additional insureds on all such liability policies, except Workers Compensation and Employers Liability and Professional Liability Insurance.

C. Upon entering any professional services agreement with PHDC, the selected applicant(s) shall indemnify, protect and hold harmless PHDC and/or the City from any and all losses, expenses, demands and claims against PHDC and/or the City sustained or alleged to have been sustained in connection with or to have arisen out of or resulting from the performance of work by the selected applicant(s) or any subcontractor employed by the applicant(s), or any of their directors, officers, agents, employees, agents or representatives. This agreement to indemnify and hold harmless shall not be limited to the limits of the insurance coverages required under this agreement.

D. The contract term of any professional services agreement with PHDC shall be for an initial period of twelve (12) months with any extensions permitted on an as needed basis.

E. PHDC shall have the right to terminate any such professional services agreement for its convenience by giving written notice of its election to do so and by specifying the effective date of such termination. In such event, PHDC will pay for

7 services rendered through to the effective date of such termination, less any setoffs. In addition, PHDC shall have the right to immediately terminate the agreement for the failure of an applicant to fulfill its obligations under the agreement. If the contract is terminated for this reason, PHDC shall service written notice of its election to do so and the applicant shall be paid only for work satisfactorily completed, less any setoffs.

VIII. MISCELLANEOUS

A. PHDC, in its sole discretion, reserves the right to reject any and all responses to this RFQ and is not bound to adopt any proposal submitted in response to this RFQ that is contrary to its best interests.

B. PHDC reserves and may exercise the right to accept or reject any and all proposals and to re-issue this RFQ at any time prior to execution of a final contract; issue a new RFQ with terms and conditions substantially different from those set forth herein; extend the time period for responding to this RFQ; or cancel this RFQ with or without another notice of RFQ. In addition, PHDC reserves and may exercise the following rights and options with respect to this selection process:

1. request supplementation, clarification, confirmation or modification to or of any information in the submission;

2. supplement, amend, substitute or otherwise modify this RFQ any time prior to selection of one or more applicants for negotiation, and to cancel this RFQ with or without issuing another RFQ;

3. request supplements to proposals based on the review of all proposals;

4. negotiate any aspect of the proposal, including price;

5. conduct personal interviews with applicants to assess compliance with the selection criteria;

6. terminate any negotiations at any time;

7. accept or reject at any time prior to the execution of a contract, all submissions and/or to withdraw this RFQ without notice;

8. expressly waive any defect or technicality in any proposal;

9. solicit new proposals;

8 10. rescind a selection prior to contract execution if PHDC determines in its sole discretion that the proposal does not conform to the specifications of this RFQ; and/or

11. rescind a selection prior to contract execution if PHDC determines that the specifications contained in this RFQ are not in conformity with law or that the process in selection of the applicant was not in conformity with law or with the legal obligations of PHDC.

By submitting a proposal in response to RFQ, an applicant affirmatively indicates acceptance of the terms and conditions of this RFQ.

C. Any selected applicant(s), and their directors, officers, employees, agents and representatives, shall perform services for PHDC as an independent contractor under any agreement between the parties and not as an employee of PHDC. They shall acknowledge that any such agreement shall not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties. In addition, they shall not be authorized to enter into or commit PHDC to any agreements, and they shall not represent themselves as the agents or legal representatives of PHDC. Further, any selected applicant(s) shall not be entitled to participate in any of PHDC’s benefits, including without limitation any health or retirement plans, and they shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in any professional services agreement entered into between the parties. PHDC shall not be liable for taxes, Worker’s Compensation, unemployment insurance, employers’ liability, employer’s FICA, social security, withholding tax, or other taxes or withholding for or on behalf of any selected applicant(s) or any other person consulted or employed by them in performing services under any professional services agreement entered into between the parties. All such costs shall be the responsibility of the selected applicant(s).

D. Subcontracting of any portion of the required legal services, except as disclosed in the response to the RFQ or the Plan, shall not be permitted without the prior written approval of PHDC.

If you require additional information, please contact Lowell L. Thomas, General Counsel, at 215-448-3113 or [email protected]