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§ 4916. Selection Procedures for Nonprofit Legal Services Providers.

25 CA ADC § 4916Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 3.5. Mobilehome Residency Law Protection Program
25 CCR § 4916
§ 4916. Selection Procedures for Nonprofit Legal Services Providers.
Currentness
(a)(1) The department shall issue a request for proposals to contract with one or more nonprofit legal services providers to provide legal advice and representation, as appropriate, to complainants referred pursuant to subsection (b) of Section 4914.
(2) The department, based on the amount of funds available, shall establish a maximum amount of funding for these services, the estimated costs of these services, and the anticipated number of cases to be referred each year. The maximum amount of funding shall be specified in each contract and approved by the department director or the director's designee.
(3) The amount of funding for each contract shall take into consideration the number of counties served and the number of mobilehome lots, or complaint cases in progress, or both, within those counties.
(4) Each contract shall be for three (3) years and may be amended in a written agreement signed by both parties. Each contract can be amended for a one-year extension, additional funding, or both.
(5) The request for proposals will explain the department's payment process, the anticipated procedures for review of contractor performance, and the requirements of contractor reporting, including specified periodic reports and a comprehensive summary of activities provided to the department no later than September 30, 2022.
(b) The request for proposals shall ask for the following:
(1) a description of how the nonprofit legal services provider will operate the project, how department funds will be used, and any additional funding or resources available to the provider;
(2) the information required by paragraphs (1) through (3) of subdivision (b) of Section 18803 of the Health and Safety Code;
(3) information related to experience in providing legal services under contract with other public entities, compliance with their administrative requirements, and references to those agencies;
(4) a detailed plan and schedule for implementing the project, including identification of any services which cannot be performed by the nonprofit legal services provider (e.g., representing undocumented persons, class action lawsuits, contingency lawsuits, etc.);
(5) evidence of or a certification of compliance with applicable federal or state laws and regulations including, but not limited to, eligibility for the IOLTA Program and employment of attorneys licensed to practice law in the jurisdictions subject to the department contract;
(6) a detailed budget, including estimates of costs for each function of the legal services provided (e.g., intake, review, complainant advice, correspondence, litigation, transportation, administrative overhead, administrative reporting to the department, etc.);
(7) authorization and approval of the proposal by authorized representatives of the proposer; and
(8) other information deemed necessary for the selection process by the department.
(c) The department shall have sole and absolute discretion in determining the eligibility and competitiveness of each proposal based on the criteria in this section. If the department concludes that the information in the proposal is inadequate, it may ask the proposer for additional clarifying information, or it may reject the proposal if it deems the deficiencies are material or cannot be cured within a reasonable time.
(d) The department shall rate the proposals and award funds based on the extent to which the proposal meets the criteria in subsection (b).
(e) The department may award contracts to more than one nonprofit legal services provider if it determines that coverage of the state requires multiple contractors.
(f) All proposers shall be notified of staff recommendations with regard to each proposal. The deputy director of the Division of Codes and Standards shall review the staff recommendations and approve, approve with amendments, or disapprove the proposed awards and provide those determinations to the department director. The decision of the department director or the director's designee to award the contracts shall be final. Written notification of an award shall constitute a conditional commitment, subject to compliance with State of California contracting requirements.

Credits

Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Section 18803, Health and Safety Code.
History
1. New section filed 6-25-2020 as an emergency; operative 6-25-2020 (Register 2020, No. 26). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 4-23-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-22-2021 as an emergency; operative 4-22-2021 (Register 2021, No. 17). Expiration date of emergency action extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 11-19-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2021 order, including amendment of subsection (a)(3), transmitted to OAL 3-24-2021 and filed 5-6-2021; amendments operative 5-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 25, § 4916, 25 CA ADC § 4916
End of Document