REQUEST FOR PROPOSAL Asset Management Services for Neighborhood Stabilization Program (NSP) Issuing Agency: Purchasing Department Henry County, Georgia 140 Henry Parkway Suite 209 McDonough, Georgia 30253 Phone: 770-288-6027 Fax: 770-288-6047 Issue Date: April 15, 2009 Contact: Michael E. Sabine msabine@co.henry.ga.us Proposal Number: NSP-002-051509-9 Proposal Closing Date: May 15, 2009 Proposal Closing Time: 4:00 PM REQUEST FOR PROPOSAL: Henry County is requesting proposals from qualified entities to provide asset management services for the Neighborhood Stabilization Program (NSP). The Contractor shall furnish all materials, labor, tools, equipment and services necessary in the performance of this RFP. Proposals will be received by the Purchasing Department, 140 Henry Parkway, Room 209, McDonough, Georgia 30253 until 4:00PM local time on Friday, May 15, 2009. Late proposals will not be considered nor returned. Proposals will be formally accepted and acknowledged at the County Administration Building by staff personnel. Each bidder shall examine and thoroughly familiarize themselves with all existing conditions, including all laws, ordinances, rules and regulations that will affect the work prior to submitting a proposal. Please note that the Neighborhood Stabilization Program (NSP) is a federally-funded initiative, coordinated at the state-level by the Georgia Department of Community Affairs. Accordingly, federal procurement guidelines and federal program guidelines shall apply as applicable. Proposal documents and specifications are available for inspection at the Henry County Purchasing Department, 140 Henry Parkway, Room 209, McDonough, Georgia; phone 770-288-6027 or fax 770-288-6047. The documents are also available for inspection and download at the county website: www.co.henry.ga.us >departments >purchasing >bids.
Proposals may not be withdrawn for sixty (60) days after the time and date set for closing, except as allowed by OCGA. Henry County reserves the right to reject any and all proposals, to waive any technicalities, and to make any other decision deemed in the best interest of Henry County. 1. ABOUT THIS DOCUMENT 1.1. This document is a Request for Proposal. It differs from an Invitation to Bid/Quotation in that the County is seeking a solution, not a bid/quotation meeting firm specifications for the absolute low bid. Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability may be overriding factors, and the lowest price (cost) submitted may not be definitive in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards which measure how well a vendor s approach meets the desired requirements and needs of the County. The County will thoroughly review all proposals received. The County reserves the right to select, and subsequently recommend for award, the proposal which best meets its required needs, quality levels, and budget constraints. The County also reserves the right to negotiate with the highest-ranked vendor relative to scope/cost adjustments based upon program budget constraints. 1.2. Henry County will not be responsible for any expenses incurred by any vendor in the development of a response to this RFP, including any interviews, presentations, or supplemental information provided, submitted, or given to Henry County or its representatives. Further, the County will not be responsible for any fees associated with any challenge (administrative, judicial or otherwise) to the determination of the highest-ranked vendor and/or award of contract and/or rejection of proposal. By submitting a proposal, each vendor agrees to be bound in this respect and waives all claims to such costs and fees. 2. SCOPE 2.1 The intent of this Request for Proposal is to obtain competitive responses from qualified entities to provide asset management services for the Neighborhood Stabilization Program (NSP) in Henry County, Georgia. Henry County is one of the counties in Georgia identified by the U.S. Department of Housing & Urban Development (HUD) as having a significant number and percentages of foreclosures of single-family owner occupied homes. As a result of the large number of foreclosures in Henry County, HUD has recently announced that Henry County will receive a one time grant under the Neighborhood Stabilization Program (NSP) to acquire and repair abandoned and foreclosed homes in Henry County, and then sell them to eligible low and moderate income families and individuals. Eligible homebuyers can have incomes up to 120 percent of HUD-defined area median income. 2
The objective of the this RFP is to create a partnership by and between the Henry County Neighborhood Stabilization Program and one or more Asset Management firms to implement elements of Henry County s NSP. Under this RFP, it is anticipated that for-profit organizations, nonprofit organizations, and housing authorities may choose to create a team of relevant professional personnel to carry out a comprehensive approach to effectively carrying out the Henry County NSP. This program will involve the Asset Management firm organizing a team of professional members who can acquire, rehabilitate and sell foreclosed homes in areas designated by Henry County as being considered high priority as determined by data-sets provided by HUD. A map of the Henry County high priority areas is attached to this document. The selected Asset Management firm(s) must be able to carry out all initial NSP activities within an eighteen (18) month time period. HUD has placed a requirement on Henry County that all NSP grant funds must be obligated within eighteen (18) months. Henry County desires to move even more expeditiously, if at all possible, so that program income [sales of acquired and repaired homes] can be generated and additional foreclosed homes can be acquired, repaired, and sold. This process could result in Henry County and its designated Asset Management firm(s) being able to continue operations for three to four years by generating revenue (program income) from the sales of foreclosed homes to eligible NSP homebuyers. Henry County seeks one or more experienced Asset Management firms which are capable of carrying out all relevant asset management activities under the Henry County s NSP. These activities include, but are not necessarily limited to, the following: 1. Assemble an Asset Management team, consisting of appropriate professional real estate, financial, and other members as needed. Key members of the team will be subject to Henry County review and approval. 2. The Asset Management Team will work in collaboration with the Henry County Neighborhood Stabilization Program Office in carrying out the NSP Program. The Henry County NSP Office will be responsible for program management, training, technical assistance, monitoring of NSP performance, and general oversight of the Asset Management Team s operations in conducting foreclosure acquisitions, repairs, and sales of homes to eligible NSP homebuyers. 3. Work with all community groups and organizations to gain support for the Henry County NSP Program and to work with local banks, financial institutions, realtors, Homebuilders Association s, the Henry County Chamber of Commerce, Housing Authorities, non-profit organizations, and other relevant agencies to identify eligible foreclosed homes which might be 3
acquired under the NSP, and to conduct outreach efforts to obtain lists of potentially income eligible NSP homebuyers. 4. Search Henry County s geographic areas of greatest need to identify potential foreclosed homes which can be acquired under the NSP. 5. Coordinate with the Henry County NSP Office, and its designated NSP Housing Inspector(s) to obtain prior approval of detailed work write-ups and construction cost estimates which will serve as the basis of Henry County meeting its local housing rehabilitation standards, and the basis of an agreement of housing rehabilitation contract fees materials, labor, overhead and profit. Please note that Henry County shall provide rosters of prescreened/pre-qualified Housing Inspectors, Repair/Rehab Contractors, and Appraisers for Asset Management firms to offer Bid Opportunities and competitively procure necessary services/ deliverables. Henry County shall administer NSP bid/procurement opportunities on behalf of asset management firms, provided that direction/supervision and project management responsibility shall be retained by the selected asset management firm(s). Any administrative services provided by Henry County in conjunction with NSP program services shall not be construed to conflict with the role of the asset management firm, nor shall it relieve the asset management firm of the duties/responsibilities solicited herein. 6. Secure eligible NSP homebuyers for each foreclosed home acquired and repaired under Henry s NSP. Homebuyers must be identified by three (3) income categories: (1.) 50% or lower AMI, (2.) 51%-80% AMI, and (3.) 81%-120% AMI. A minimum of 25% of all NSP grants funds must be spent on eligible NSP homebuyers, whose incomes are 50% or less of area median income. 7. Prepare and utilize a marketing sales program to meet the requirements under Number 6, herein. 8. Maintain all acquired foreclosed properties during the time that they are placed on the market for sale until the home is sold; this shall be accomplished utilizing a roster of approved maintenance services solicited by the NSP Program, in accordance with federal procurement requirements and county procurement procedures. 9. Prepare all necessary periodic performance financial and program reports, as deemed necessary by the Henry Neighborhood Stabilization Program Office and DCA/HUD. 4
10.Work with eligible NSP homebuyers to make certain they meet the HUD NSP requirement for homebuyer counseling. 11.Carry out all other Henry NSP activities which are needed to effectively and efficiently carry out the role of the Asset Management firm. This task includes all necessary coordination with county staff assigned to the NSP Program and any contract technical assistance personnel retained by Henry County. 2.2 If awarded, the County intends to award two or more asset management contracts as a result of this RFP. 2.3 After Contract award, the Contractor shall furnish all materials, labor, tools, equipment and services required to complete performance according to the terms and conditions of this RFP. 2.4 The selected Contractor will be required to assume responsibility for all services offered in the proposal whether or not they directly possess them within their organization. Further, Henry County will consider the selected Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 3. SUBMISSION OF PROPOSALS 3.1 Sealed proposals will be received by the Henry County Board of Commissioners, Purchasing Department until 4:00PM local time on May 15, 2009. Late proposals will not be considered nor returned. 3.2 Each bidder shall examine and thoroughly familiarize themselves with all existing conditions, including all laws, ordinances, rules and regulations that will affect the work prior to submitting a proposal. No vendor/entity that is in a debarred status from federal procurement opportunities or a suspended status from federal procurement opportunities shall be eligible to respond to this RFP solicitation. 3.3 Questions may be submitted in writing and addressed to Michael Sabine, c/o Henry County Purchasing Department, 140 Henry Parkway, McDonough, Georgia 30253; questions may be sent via fax, 770-288-6047, or e-mail msabine@co.henry.ga.us. 3.4 Each proposal submission must include the following documents/forms: Proposal Response Form RFP Narrative/Proposal Narrative Supply/Service Contract Form Contractor Affidavit & Agreement Subcontractor Affidavit CDBG/NSP Certifications 5
3.5 By executing the Supply Service Agreement, the bidder acknowledges that he/she has read and understands this RFP and agrees to be bound by its terms and conditions. 3.6 The County may revise the proposal documents by issuing a written addendum prior to the proposal closing time. If issued, the written addendum must be returned with the proposal documents. Failure to bid or propose in accordance with an addendum may be cause for rejection. In unusual circumstances, the County may postpone an opening in order to notify vendors to give them sufficient time to respond to the addendum. Any change which is not issued through the Purchasing Department as a written addendum shall not be binding upon the County. 3.7 Proposals may be submitted by mail, common carrier, or delivered in person. Fax or electronic (e-mail) proposals are not acceptable. All proposals must be received in the Purchasing Department prior to the date and time specified. 3.8 Proposals must be returned to Henry County, Purchasing Department, 140 Henry Parkway, Room 209, McDonough, Georgia 30253. All proposal packages, envelopes, etc. must be clearly marked with Sealed Proposal: NSP Asset Management Services. 3.9 The Purchasing Department shall not be responsible for proposals which are not properly addressed or directed to any other department. Proposals which are not received in the Purchasing Department by the time and date specified shall be considered late and shall not be considered for award. 3.10 Vendors are cautioned that any documentation submitted with or in support of a bid or proposal will become subject to public inspection under the Georgia Open Records Act. Labeling such information Confidential, Proprietary, or in any other manner will not protect this material from public inspection upon request. All records become subject to public inspection only after award of the contract or purchase order. 3.11 Proposals may not be withdrawn after the time and date set for proposal closing, but shall remain open for acceptance for a period of sixty (60) days following such time. All proposals become property of the County and shall not be returned to the vendor(s). 3.12 No proposal shall be accepted from a Vendor/Contractor that is debarred from receipt of federal procurement opportunities or receipt of federal funds. 3.13 Vendor shall furnish one (1) original and two (2) copies of the proposal and all documentation. All forms must be typewritten or printed in ink. Any changes or corrections must be initialed by the person signing the proposal documents. 6
4. PRICING 4.1 Prices shall include all charges that may be incurred in fulfilling the terms of this Request for Proposal. Pricing may be submitted in either of two formats: a) guaranteed lump sum per month; or b) hourly cost plus reimbursable expenses up to guaranteed price ceiling per month. No other pricing arrangements shall be considered. 5. INTERPRETATION OF BID 5.1 All inquires regarding purchasing/bidding/proposal procedures or technical specifications should be directed to: Michael Sabine, Assistant County Manager, 140 Henry Parkway, McDonough, Georgia 30253-6696; telephone 770-288-6027; facsimile 770-288-6047. 5.2 Such contact is to be for clarification purposes only. Material changes, if any, to the technical specifications or bidding procedures will be transmitted solely by written addendum. 5.3 No oral order, objection, claim or notice by any party to the other either before or after execution of a contract shall affect or modify any of the terms or obligations contained in any of the documents comprising this proposal. 6. ORDER OF PRECEDENCE 6.1 In the event of conflict, the Acceptance Agreement and the Special Provisions of this RFP shall take precedence over the General Conditions and Instructions to Bidders included herein. 7. AWARD 7.1 Henry County reserves the right to reject any and all bids/proposals; to waive any technicalities, informalities or irregularities in bids/proposals; and to negotiate separately the terms and conditions of all or any part of the bids/proposals as determined to be in the County s best interest at its sole discretion. 7.2 If awarded, the County intends to award a single contract as a result of this RFP. Any contract awarded as a result of this RFP shall be funded solely by Neighborhood Stabilization Program (NSP) funds. 7.3 The County reserves the right to award the contract to the next most qualified vendor/firm if the successful vendor/firm does not begin contracted services within the prescribed number of days stated in the contract. 7.4 Henry County is exempt from excise taxes, including transportation and sales tax. Any applicable taxes otherwise imposed by a governmental body must be shown as a separate item. 7.5 It is agreed by the parties hereto that delivery by the supplier to the common carrier does not constitute delivery to the County or any political subdivision or department thereof. It is agreed that the County accepts title only when received regardless of F.O.B. point. 7
8. PURCHASE ORDER 8.1 A Purchase Order for the items listed in this RFP will be issued shortly after contract award and will become an integral part of the resulting contract. 8.2 The purchase order does not supersede any provision of the resulting contract. Performance time and dates are determined solely by the contract and any modifications thereto. 9. DELIVERY POINT 9.1 After contract award, all work shall be coordinated with the Project Manager; all work shall be completed at the job site. 10. CONTRACT ADMINISTRATION 10.1 The Contractor shall assign, in writing, a Contract Administrator throughout the life of this contract as the primary point of contact for the various departments of the County. The departments and user personnel shall direct all contract resolutions through the Contract Administrator, which includes specifications, pricing, shipping, reports, etc. The Contract Administrator may designate personnel within the company to provide requested information. However, the County shall not contact other personnel with the company that is not familiar with the terms and conditions of the contract. The Contract Administrator shall be listed on the Financial Response Form attached. 10.2 The County recognizes that changes will occur during the life of this contract. Therefore, if a change in the Contract Administrator is necessary, the contractor shall notify the Henry County Purchasing Department, in writing, within five (5) business days. The following information shall be submitted for the new Contract Administrator: Name, Title, Phone Number, Fax Number and e-mail address. 11. LISTING OF EXCEPTIONS 11.1 All exceptions to contract specifications must be itemized on the proposal response form. Details concerning the exception must be clearly explained. Each exception will be considered by the County as to the degree of impact and total effect on the bid. 11.2 The County assumes that silence to exception indicates that the proposal(s) will comply with specifications/requirements detailed in this Request for Proposal and submitted materials. Should any work product or vendor claim not comply, and the exception is not indicated, then the work product or vendor claim shall be rejected when presented. All items shall be given a general inspection for material accuracy and compliance with specifications/requirements prior to acceptance. Should the item not comply, and an exception not taken, the Contractor shall be held responsible to fulfill that specification. Acceptance is not final until all specifications, with concurrence to exceptions, are met. 8
Note: The submission of literature or brochures will neither constitute the taking of an exception nor will it be construed as any specification change(s). 12. COMPLETION OF PERFORMANCE 12.1 Unless otherwise amended through Written Approval, Contractor shall complete its performance of this contract within the format specified in this Request for Proposal and submitted proposal narrative/documents submitted in response to this RFP. 13. DELAYS BEYOND CONTROL OF CONTRACTOR 13.1 In the event that completion of the contract shall be delayed because of any labor strike or work stoppage, injunction, or interference of any public authority, or by reason of any cause or circumstances beyond the control of the Contractor and for which he could not have taken reasonable precaution, the completion date may be extended as shall be determined in each instance at the discretion of the County. 13.2 However, the granting of any such extension(s) shall not be considered as a waiver of the requirement of timely completion or deemed to affect the importance of timely completion. 13.3 Notice of Delays: Whenever the Contractor receives notice or obtains knowledge of any event or condition which will delay, or is likely to delay, the completion of Contractor s performance under this contract beyond the specified completion date, the Contractor shall notify Henry County (specifically the assigned project contact) in writing within fifteen (15) calendar days after receiving such notice or obtaining such knowledge of the nature of the delay and its estimated duration; otherwise, the Contractor shall not be entitled to any extensions of the completion date. 14 ACCURACY OF WORK 14.1 The Vendor shall be responsible for the accuracy of the work performed and shall promptly correct its errors and omissions without additional compensation. 14.2 Initial acceptance of the work by the County will not relieve the Vendor of the responsibility of subsequent correction of errors or the costs associated with any additional work caused by negligent acts, errors, or omissions by the Vendor. 14.3 The Contractor shall guarantee all work and comply with federal and Georgia DCA NSP program requirements. The Contractor also certifies that the services to be rendered pursuant to this contract shall be performed in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services. 9
15 PAYMENT 15.1 Invoices shall be paid within 30 days after approval by the Project Manager, unless the Project Manager disputes in writing the nature of a respective submitted charge or invoice. All disputed charges shall be resolved promptly. 15.2 If applicable, the Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, the amount to which said subcontractor is entitled. The Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to subcontractors in similar manner. 15.3 Neither the Owner nor the Project Manager shall be obligated to pay or ensure the payment of money to a subcontractor except as otherwise may be required by law. 15.4 Payment to material suppliers shall be treated in a manner similar to that provided in sections 15.2 and 15.3. 15.5 The Contractor shall provide proof of timely payment as described under this section to Subcontractors and materials suppliers when requested by the County. 16. OWNERSHIP OF DOCUMENTS 16.1 Reports and all relevant data such as diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the Services required by this Contract shall be the absolute property of Henry County and shall not be used by the Contractor for purposes unrelated to this Contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the Project except that the Contractor shall retain exact copies of the same. 16.2 With respect to retention of records and related program files, the Contractor/Vendor (Sub-Recipient) shall retain records/files for a minimum of three (3) years after completion of project work subject to this RFP and notification that close-out procedures are completed from Georgia DCA. In the event that any litigation/claim/audit is undertaken pertaining to these retained records, subject records shall be retained for the duration of the respective action or three (3) years, whichever is longer. Henry County, the Georgia Department of Community Affairs (DCA), the U.S. Department of Housing and Urban Development (HUD), and the Comptroller General of the United States shall have the right of access and inspection of program files and project records at any time during either the performance of requested work or the post-project file retention period. 10
17. NEWS RELEASES BY VENDOR 17.1 As a matter of policy, the County does not endorse the products or services of a Contractor. News releases concerning any contract or work product resulting from this solicitation shall not be made by a Contractor without the prior written approval of the County. 18. SEVERABILITY/CANCELLATION 18.1 It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held illegal or in conflict with any law of the State where made or having jurisdiction over any of the parties hereto, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provisions held to be invalid. 18.2 This Contract shall be construed and governed in accordance with the laws of the State of Georgia. Any controversy or claim rising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association at a hearing in Henry County, Georgia. A judgment of a court having jurisdiction may be entered upon the arbitrator s award. The prevailing party, in addition to all other sums to which it may be entitled, may call upon the other party to pay their reasonable expenses, including legal fees, relevant to the claim. 19. NON-COLLUSION 19.1 By signing the Supply Service Agreement, vendor certifies that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. Bidder understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. 20. INDEMNIFICATION AND HOLD HARMLESS 20.1 The vendor who is selected as the Contractor shall, at its own expense, protect, defend, indemnify, and hold harmless Henry County and its elected and appointed officers, employees and agents from all claims, damages, lawsuits, costs and expenses, including, but not limited to all costs from administrative proceedings, court costs and attorney fees that Henry County and its elected and appointed officers, employees, servants and agents may incur as a result of the acts, omissions or negligence of the Contractor or its employees, servants, agents or subcontractors that may arise out of the agreement. The contractor s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimburse to the County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor. 11
21. CONFLICT OF INTEREST 21.1 By signing the Supply Service Agreement form, I certify that the vendor and employees of the vendor performing work on this Contract shall comply with the requirements of Section 3-2-4 of the Code of Henry County pertaining to Conflicts of Interest. 21.2 No employee of Henry County shall be directly interested financially, or have any direct personal beneficial interest, in the purchase or contract for any materials, equipment or supplies furnished to Henry County as a result of the Supply Service Agreement. 21.3 The principles of the Georgia Code of Ethics for Government Service (OCGA 45-10-1) shall apply to the maximum extent applicable, in accord with Georgia DCA policies and procedures. 21.4 Additionally, 24 CFR Part 570.489 (h) regarding Conflict of Interest provisions shall apply to all NSP activities, including the performance of services/work procured by this RFP. 22. DRUG-FREE WORKPLACE CERTIFICATION 22.1 By signing the Supply Service Agreement form, I certify that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the Drug-free Workplace Act, have been complied with in full. The undersigned further certifies that: A. A drug-free workplace will be provided for the Contractor s employees during performance of the contract; and B. Each Contractor who hires a subcontractor to work in a drug-free work place shall secure from that subcontractor the following written certification: As part of the subcontracting agreement with (Contractor s name), (Subcontractor s name) certifies to the Contractor that a drug-free workplace will be provided for the subcontractor s employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3. C. The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract. 23. COMPLIANCE WITH STATUTES 23.1 The Contractor shall comply with all present laws, ordinances, rules and regulations of any governmental entity pertaining to the provision of any services or deliverables pursuant to this RFP and any resulting Contract. 24. LICENSES/CERTIFICATIONS 24.1 The Contractor shall be responsible for coordinating with Owner and obtaining at Contractor s own cost, any professional licensure or certifications that may be required for the project. The Contractor, and subcontractors, shall comply with all Federal and State laws, rules and regulations in the performance of this project. 12
25. RESERVED (N/A) 26. INSURANCE REQUIREMENTS 26.1 The Contractor shall be responsible for his work and every part thereof, and for all materials, tools, equipment, appliances, and properties of any and all description used in connection therewith. The Contractor assumes all risks of direct and indirect damage or injury to the property of persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work. 26.2 The Contractor shall, during the continuance of all work under the Contract, provide the following: A. Maintain statutory Worker s Compensation and employer s liability insurance to the extent required under Georgia law. B. The Contractor agrees to maintain comprehensive general liability insurance to protect the Contractor, its subcontractors, and the interest of the County, against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form Property Damage Liability endorsement. 26.4 Contractor shall notify the Owner, in writing, as soon as possible to any change in insurance coverage, including cancellation, nonrenewal, etc. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate shall result in suspension of all payments until the new certificate is furnished. 26.5 Insurance coverage required in these specifications shall be in force throughout the Contract term. Should the Contractor fail to provide acceptable evidence of current insurance within five (5) days of written notice at any time during the Contract term, the Owner shall have the absolute right to terminate the Contract without any further obligation to the Contractor. Further, the Contractor shall be responsible for the cost of procuring the uncompleted portion of the Contract at the time of termination. 26.6 Contractual and other Liability insurance provided under this Contract shall not contain a supervision, inspection, or engineering services exclusion that would preclude the Owner from supervising and/or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 13
26.7 The Contractor and all subcontractors shall comply with the Occupational Safety and Health Act of 1970, and amendments, as it may apply to this Contract. 27. RESERVED (N/A) 28. PERFORMANCE OF DUTIES 28.1 Upon written Notice of Award, the Contractor shall initiate work within thirty (30) days of the date of Notice of Award. Initiation of work is defined as retention of qualified program administration and technical assistance staff sufficient to undertake the approved scope of work as well as the maintenance of a physical office sufficient to support work activities. 28.2 Should the Contractor fail to initiate the work within the time specified above in Section 28.1 or as amended by Written Notice from Henry County, liquidated damage charges shall be assessed against any money due or that may become due the Contractor at the rate of fifty dollars ($50.00) per business day. 28.3 The parties hereto agree that the above liquidated damages are a reasonable pre-estimate and/or estimate of the probable loss or damages to the County due to any delay by Contractor in completing its performance in a timely fashion. Such liquidated damages are intended to be the County s damages for delay in performance by the Contractor, and the parties hereby agree that such damages are reasonable in light of the anticipated or actual harm caused by such delay or breach, the difficulties of proof of loss and/or the difficulty or impossibility of accurately estimating such loss, and inconvenience or non-feasibility or otherwise obtaining an adequate remedy. Such damages are hereby agreed to be damages rather than a penalty. 29. BREACH OF CONTRACT 29.1 In the event of a material breach of this Contract by Contractor which shall continue for ten (10) or more calendar days after written notice of such breach (including a reasonably detailed statement of the nature of such breach) shall have been given to Contractor by County, and Contractor does not either cure or commence to cure such breach within such ten (10) calendar day period, County shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise limited under the terms of this Contract) and either: A) suspend performance of its payment obligations under the Contract for as long as the breach continues uncorrected; or B) terminate this Contract by written notice to Contractor if the breach remains uncorrected. 29.2 In the event of: A) any failure of County for ten (10) or more calendar days to make any payment when due, or B) any other material breach of this Contract by the County which shall continue for ten (10) or more calendar days after written notice of such breach (including 14
reasonably detailed statement of the nature of such breach) shall have been given to the County by the Contractor, and the County does not either cure or commence to cure such breach within such ten (10) calendar day period, the Contractor shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise limited under the terms of this Contract) and either A) suspend performance of its obligations under this Contract for as long as the breach remains uncorrected; or B) terminate this Contract by written notice to the County if the breach remains uncorrected. 30. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT 30.1 Henry County is subject to the requirements of the Georgia Security and Immigration Compliance Act. Accordingly, the requirements of O.C.G.A. 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of this contract. Compliance with these requirements shall be attested by the execution of the Contractor Affidavit attached hereto, which shall become a part of the awarded contract. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the awarded contract, the Contractor shall secure from such subcontractor(s) attestation of the subcontractor s execution of the Subcontractor Affidavit attached hereto, which shall also become a part of the awarded contract and also a part of the contractor/subcontractor agreement. Contractor shall maintain records of such attestation for inspection by Henry County at any time. Contractor shall be required to provide copies to Henry County upon request. Failure to comply with these rules will result in the rejection of the bid proposal and/or termination of any awarded contract where it is subsequently determined that there has been a violation of any provision of the Act or implementing rules and regulations. 31. SELECTION CRITERIA 31.1 The selection process will be based on the responses to this Request for Proposal. Vendors will not be compensated for any part of the proposal submitting process. 31.2 The review committee will select the proposal which is the most beneficial/advantageous to the County. Henry County reserves the right to select, and subsequently recommend for award, the proposed equipment/service which best meets its required needs. 31.3 Evaluation of vendor proposals will be based as follows: The County will use a specific set of criteria for the qualitative evaluation of competitive proposals. The structure of the evaluation will be to assign points to each response in a number of categories. A non-response to a specific category will result in no points being awarded for that category. Final rankings will be based on a combination of price and qualitative factors. 15
The specific categories shall include the following: 1. Staffing Evaluation of the list of personnel specifically assigned to the proposed project, including their qualifications, overall experience and recent experience on projects of similar nature and complexity to the proposed project. (90 points) 2. Experience/Performance Review of past performance on projects of similar nature and complexity as the proposed project; evaluation of client references whether included in the proposal response or not; overall responsiveness to County s needs. (105 points) 3. Approach Evaluation of the overall understanding of the scope of the proposed project; completeness, adequacy and responsiveness to the required information of the request for proposals. (45 points) 4. Availability Evaluation of the work load of the proposing firm and the staffing to be assigned to the proposed project; time schedule of the proposer in relation to that of the proposed project location of the offices or facilities from which the services are to be provided to the County. (45 points) 5. Financial Stability Evaluation of the overall financial position of the firm as determined from financial information required by the Request for Proposal or Qualifications or from other independent sources. Evaluation of this category also specifically includes any additional financial leverage/program resources a respective Contractor/Vendor can bring to NSPeligible activities. (45 points) 6. Cost Evaluation of the overall cost of the required services as submitted in the Request for Proposal, where applicable. (120 points) ** Please note that all costs for asset management services (a/k/a project delivery costs) provided herein shall not exceed amounts/thresholds authorized by the Georgia Department of Community Affairs. Current amounts/thresholds for asset management services (a/k/a project delivery costs) are detailed in the Georgia DCA NSP Recipients Manual; please reference Georgia DCA NSP PDC Schedule. 16
Proposals received before the deadline for receipt of proposals shall be scored based on the above criteria. Submitted proposals may receive a maximum score of 450 points. All proposal requirements must be met, or capable of being met by the responding firm or the proposal will be disqualified as non-responsive. It is extremely important that project schedules are met. Only those firms or teams with the necessary resources and a commitment to complete all project work on schedule should submit a Proposal. 17
PROPOSAL RESPONSE FORM NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ASSET MANAGEMENT SERVICES NAME OF FIRM: CONTACT: ADDRESS: PHONE: FAX: E-MAIL: PLEASE INCLUDE COST INFORMATION IN NARRATIVE; COST PROPOSALS MUST ADHERE TO NSP PROGRAM REQUIREMENTS FOR ASSET MANAGEMENT DELINEATED BY GEORGIA DCA OR HUD. ANY EXCEPTIONS TO PROPOSAL DOCUMENTS? NO YES [IF YES, PLEASE STATE EXCEPTION(S) IN SPACE BELOW] RETURN THIS FORM WITH PROPOSAL; PLEASE INCLUDE PROGRAM/PROPOSAL NARRATIVE 18
SUPPLY/SERVICE CONTRACT NSP ASSET MANAGEMENT SERVICES It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by the Henry County Board of Commissioners, Henry County, Georgia, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and Henry County, Georgia. It is understood and agreed that we have read the County s specifications shown or referenced herein and this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included in this proposal meet or exceed any and all such County specifications. We further agree, if awarded a contract, to provide services and deliverables which meet or exceed the specifications. NAME AND ADDRESS OF FIRM: Telephone No.: Fax Number: E-mail: Federal Identification No.: State of Georgia Reg. No.: (if applicable) CHECK ONE: INDIVIDUAL PARTNERSHIP CORPORATION State in which incorporated Vendor Legally Authorized Signature Date (Impress Corporate Seal Here) Print Name and Title ACCEPTANCE AGREEMENT Henry County, Georgia (This is not an order) CONTRACT NUMBER: DATE: Accepted as to Items (s) Indicated: ------------------------------------------------- Chairman, Board of Commissioners RETURN THIS FORM WITH PROPOSAL 19
CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91,stating affirmatively that the individual, firm or corporation that is contracting with Henry County, Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10- 91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Henry County, Georgia, contractor will secure from each subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each verification to Henry County, Georgia at the time the subcontractor(s) is retained to perform such service. EEV/Basic Pilot Program* User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) Title of Authorized Officer of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 20 Notary Public My Commission Expires: *As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the EEV/Basic Pilot Program operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). RETURN THIS FORM WITH PROPOSAL 20
SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of Henry County, Georgia, has registered with and is participating in a federal work authorization program* [or any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. EEV/Basic Pilot Program* User Identification Number BY: Authorized Officer or Agent (Subcontractor Name) Date Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 20 Notary Public My Commission Expires: *As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the EEV/Basic Pilot Program operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). RETURN THIS FORM WITH PROPOSAL 21
CDBG/NSP CERTIFICATIONS Vendors: Please review this document and sign on page 21. The following CDBG/NSP Grant Certifications apply to this proposal. Please complete the required information and submit with your proposal or bid. If you have any questions, please contact Michael Sabine at 770-288-6027. CDBG Certifications Applicable To This Proposal: The Scope of Work for this activity will be conducted and administered in compliance with: 1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et sec.); and 2. The Fair Housing Act (42 U.S.C. 3601-20); To the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph (n) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants 1 and contracts under grants, loans, and cooperative 22
agreements) and that all subrecipients shall certify and disclose accordingly; It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee be engaged in the performance of the grant will be given a copy of the statement required by Paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 23
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 6. Making a good faith effort to continue to maintain a drugfree workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. 7. The firm must insert in the space provided below the site(s) for the performance of work done in connection with the specific project/activity: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here; and It will comply with the other provisions of the Act and with other applicable laws. It will also comply with relevant provisions incorporated into the attached Appendix (Appendix to CDBG/NSP Certifications). Signature Date Title RETURN THIS FORM WITH PROPOSAL 24
APPENDIX TO CDBG/NSP CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the contractor is providing the certification set out in paragraph (o) detailed above. 2. The certification set out in paragraph (o) is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For contractors other than individuals, Alternate I applies. (This is the information to which entitlement grantees certify). 4. For contractors who are individuals, Alternate II applies. (Not applicable to CDBG Entitlement grantees.) 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drugfree workplace requirements. 25
C. Additional Provisions Required Under the NSP Program in Georgia Before disbursing any NSP funds to any entity, Henry County must enter into a written agreement with that entity. Before disbursing any NSP funds to any entity, Henry County must either directly or indirectly oversee the execution of written agreements with that entity, including sub-recipients, contractors, and property owners, that ensure the proper use of funds and compliance with applicable regulations. Sub-recipients (e.g. Contractors/Vendors) and administrative agencies must also enter into, or oversee the execution of, written agreements with or between any contractors, property owners, or other entities, prior to disbursing NSP funds. This section delineates these provisions required by the Georgia Department of Community Affairs, as may be applicable to this RFP. The following shall be covered in all written agreements; please note the specific provisions relevant to this RFP: A. Sub-Recipient Agreements. A sub-recipient is a public agency or nonprofit organization selected to administer all or a portion of the NSP Recipient s program. Whenever the NSP Recipient is passing funding through a local Sub-Recipient, the NSP Recipient must enter into an agreement covering, at minimum, the following items: 1. Use of the NSP funds. The agreement must describe the use of the NSP funds, including the task to be performed, a schedule for completing the tasks, and a budget. These items must be in sufficient detail to provide a sound basis for the State to effectively monitor performance under the agreement (or contract); Provisions relevant to this RFP: Use of NSP funds for these eligible activities is detailed in the main RFP document. Specific tasks to be performed shall be enumerated in the Contractor/Vendor s response to this RFP; Schedules for accomplishing these tasks shall be enumerated in the Contractor/Vendor s response to this RFP; Proposed Budget for Contractor/Vendor shall be also enumerated in the Contractor/Vendor response. All elements of the selected Contractor/Vendor s Response shall be construed as binding upon the selected Contractor/Vendor. 2. Affordability and other Project Requirements. The agreement must require housing assisted with NSP funds to meet the NSP affordability requirements, as applicable, and must require repayment of the funds if the housing does not meet the affordability requirements for the specified time period; Provisions relevant to this RFP: Contractors/Vendors must adhere to the aforementioned affordability requirements in project work, as applicable. 26
3. Program Income. The agreement must state if program income is to be remitted to the State, NSP Recipient, or kept by the Sub-recipient for additional eligible activities; Provisions relevant to this RFP: Program Income generated as a result of the Agreement/Contract awarded through this RFP shall be remitted to Henry County for additional eligible activities. 4. Uniform Administrative Requirements. The agreement must require the Sub-Recipient to comply with applicable uniform administrative requirements, as described at 24 CFR Part 85. Provisions relevant to this RFP: Contractor/Vendor must agree to comply with applicable uniform administrative requirements, as described in 24 CFR Part 85. 5. Other Program Requirements. The agreement must detail which responsibilities are being passed down to the Sub-Recipient or administrative agent, including but not limited to Affirmative Marketing and MBE/WBE Outreach requirements. The agreement must require the Sub-Recipient to carry out each activity in compliance with all Federal laws and regulations, except that the Sub-Recipient does not assume the NSP Recipient s responsibilities for release of funds under 24 CFR Part 58. Provisions relevant to this RFP: Contractor/Vendor (Sub-Recipient) shall agree to the aforementioned provisions specifically that the Sub- Recipient shall carry out its work activities in compliance with all Federal laws and regulations. 6. Reserved. 7. Reversion of Assets. The agreement must specify that upon expiration of the agreement, the Sub-Recipient must transfer to Henry County (Participating Jurisdiction) any NSP funds on hand at the time of expiration and any accounts receivable attributable to the use of NSP funds. Provisions relevant to this RFP: Contractor/Vendor must upon expiration of the Agreement/Contract awarded as a result of this RFP transfer to Henry County any NSP funds on hand at the rime of expiration and any accounts receivable attributable to the use of NSP funds, including but not limited to program income. 8. Records and Reports. The agreement must specify the particular records that must be maintained and the information or reports that must be submitted in order to assist the Recipient in meeting its recordkeeping and reporting requirements to DCA; 27
9. Enforcement of the Agreement. The agreement must provide for a means of enforcement of affordable housing requirements including deed restrictions, covenants, and loan agreements. In addition, the agreement must specify remedies for breach of the NSP requirements. The agreement must specify that suspension or termination may occur if the subrecipient or beneficiary fails to comply with any term of the agreement. Provisions relevant to this RFP: Contractor/Vendor must incorporate responsive provisions relative to enforcement of affordable housing provisions in Contractor/Vendor s RFP response. Contractor/Vendor shall enforce affordable housing requirements, in accord with their RFP response, throughout the life of any Contract/Agreement resulting from this RFP. 10. Duration of the Agreement. The agreement must specify a time limit for funding that conforms to limits placed on the SR by DCA. In addition, depending on the type of program and responsibilities passed down to the Sub-Recipient, the agreement must specify the length of time the Sub-Recipient is responsible for any long term monitoring, reporting, and recordkeeping functions. Provisions relevant to this RFP: Relative to duration of agreement/funding time frames, Contractor/Vendor shall refer to the main RFP document. Please keep in mind that time is of the essence in the Neighborhood Stabilization Program (NSP) and progress must be demonstrated on a monthly/quarterly basis. With respect to retention of records and related program files, the Contractor/Vendor (Sub-Recipient) shall retain records/files for a minimum of three (3) years after completion of project work subject to this RFP and notification that close-out procedures are completed from Georgia DCA. In the event that any litigation/claim/audit is undertaken pertaining to these retained records, subject records shall be retained for the duration of the respective action or three (3) years, whichever is longer. 28