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HomeMy WebLinkAbout2010-035 Housing - Consultant Services Agreement - William Frank Newton Inc. signed 3/10/2010NORTH CAROLINA CONSULTING SERVICES AGREEMENT ORANGE COUNTY This Agreement, made and entered into this day of 2010, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and William Frank Newton, Inc, (hereinafter, the "Consultant"). WITNESSETH: WHEREAS, the County has a need for an experienced persons or firms qualified to develop the FY 2010-2015 Consolidated Plan for the countywide HOME Consortium and the Community Development Block Grant (CDBG) entitlement community of Chapel Hill, (hereafter described as the "Project"); and WHEREAS, the Consultant has offered to provide consulting services to develop a FY 2010- 2015 Consolidated Plan for the countywide HOME Consortium and the Community Development Block Grant (CDBG) entitlement community of Chapel Hili, and WHEREAS, County has decided to hire the Consultant to provide the services needed for the development of the Project, and in those phases of the Project to which agreement applies, to consult with and give advice to the County related thereto. NOW THEREFORE, in consideration of their mutual covenants that the County and Consultant, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Consultant Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to the development of the 2010-2015 Consolidated Plan for the countywide HOME Consortium and the Community Development Block Grant (CDBG) entitlement community of Chapel Hill ("Project"); 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. l .l .3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 below. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 Consultant agrees that Consultant and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Consultant's services under this Agreement. 2.2.8 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such 2 licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as specified in the County's "RFP: Preparation of 2010-2015 Consolidated Plan for the orange County Home Consortium including the Towns of Carrboro, Chapel Hill and Hillsborough, North Carolina ("RFP")" (Attachment A, Request for Proposal), Consultant's Response to the Request for Proposals: Preparation of 2010-2015 Consolidated Plan by E. Frank Newton, dated December 29, 2009 ("Proposal") (Attachment B) and Special Conditions (Attachment C) which are all attached and fully incorporated by reference. In the event a term or condition in any attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. 3.1.2 The Basic Services will be performed by the Consultant in accordance with the Project timeline schedule in Attachment D. In addition, the Consultant will provide a copy of the Project in draft form to the County by April 2, 2010 and a copy of the Project in final form to the County no later than April 22, 2010. 3.1.3 Should County reasonably determine that Consultant has not met the Project timeline dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to meet the Project timeline dates. The County, at its discretion may provide the Consultant seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet any Project timeline date the County may modify the Project timeline date schedule. Should Consultant or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule County may immediately terminate this Agreement in writing without penalty or incurring further obligation to Consultant. This section shall not be interpreted to limit the definition of breach to the failure to meet Project timeline dates. 3.1.4 Notwithstanding the foregoing, the Consultant agrees that the Consolidated Plan will be completed and delivered to the County in time to allow submission of the Consolidated Plan to the Greensboro office of the U.S. Department of Housing and Urban Development (HUD) no later than Apri122, 2010, so that the County may meet its May 14, 2010 deadline. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Article 3. 4.1.2 Should the County determine that the Consultant is behind schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be effective upon signing of this Agreement. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement including any authorized Reimbursable Expenses as provided in Attachment B. The maximum amount payable is Thirty-Five Thousand Dollars ($35,000). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Consultant will be compensated in two payments. Upon receipt of invoice, the first payment shall be disbursed after Consultant submits the Project in draft form to County on or before March 26, 2010. The second payment shall be disbursed upon receipt of invoice, after the Project has been submitted to the County in its final form and the County has indicated it has been satisfactorily completed on or before Apri122, 2010. 5.1.2 Once Consultant has satisfied its obligation as provided in section 5.1.1 above, payment will be made within 30 days of receipt of invoice and any supporting documents for reimbursable expenses as provided below. 5.2 Reimbursable Expenses 5.2.1 Reimbursable expenses are included in the maximum amount payable as provided in section 5.1.1 above and are reimbursable to the extent reasonable and actually incurred by the Consultant with respect to the Project. 5.2.2 The Consultant shall not be entitled to any mark-up on actual expenses which are incurred. 5.2.3 Reimbursable expenses shall be compensated by the County along with invoices for Basic Services provided by Consultant. Payment of Reimbursable Expenses shall be subject to Consultant's timely submission of valid receipts for any such expenses and approval by the County. Any additional charges not specified herein, must be mutually agreed to in advance by County and Consultant and documented in writing with a letter signed by authorized representatives for County and Consultant and, subject to budgeted funds. 4 ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated the Housing and Community Development Director to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks associated with Project timeline dates. Upon County's written determination to Consultant that a Task has been satisfactorily completed by its accompanying Project timeline date Consultant may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event, the amount of an invoice is disputed; County may withhold payment until the disputed is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE 7.1 General Requirements 7.1.1 The Consultant shall purchase and maintain and shall cause each of his Consultants to purchase and maintain, during the period of performance of this Agreement, insurance for protection from claims under workers' or workmen's compensation acts; Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Consultant or his agents, Consultants and employees. 7.1.2 The minimum insurance rating for any company insuring the Consultant shall be Best's A-. If the Consultant does not meet the insurance requirements, it is suggested that the County's Risk Manager be consulted prior to finalizing this Agreement. 7.2 Limits of Coverage 7.2.1 Minimum limits of insurance coverage shall be as follows: 5 INSURANCE MINIMUM REQUIRED COVERAGE DESCRIPTION Worker's Limits for Coverage A -Statutory State of N.C. Compensation Coverage B -Employers Liability $500,000 each accident and policy limit and disease each employee Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. Automobile Combined Single Limit $500,000 Liability Professional $2,OOO,OOOlimit Liability 7.2.2 All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides that the County shall receive not less than thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage. 7.3 Indemnity 7.3.1 The Consultant agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION AND SUSPENSION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Consultant shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with the County. 10.2 Limitation and Assignment 10.2.1. The County and the Consultant each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 7 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. 10.4 Dispute Resolution 10.4.1 Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 10.5 Extent of Agreement 10.5.1 This Agreement represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. 10.8 Non-Appropriation 10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Consultant of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County's legal authority. 10.9 Notices 10.9.1 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Consultant's Name Attention: Housing and Community Nick Autorina, Vice President Development Director 127 Church Street, Suite 225 P.O. Box 8181 Marietta, GA 30060 Hillsborough, NC 27278 Tax ID # 58-1411938 [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. CONSULTANT: W. Frank Newton, Inc. W. Frank Newton, President This instrument has been approved as to technical content. Tar ikes, Housing and Community Development Director This i strument s been approved as to form and legal sufficiency. Anne e M. Mo e, Staff Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~w ~~ Clarence Grier, Financial Services Director 10 COUNTY: Orange County REQUEST FOR PROPOSALS Preparation of 2010-2015 Consolidated Plan for the Orange County HOME Consortium including the Towns of Carrboro, Chapel Hill and Hillsborough, North Carolina 1. General Information a. Purpose & Scope The Orange County Housing & Community Development Department (County) seeks proposals from persons or firms (Consultant) that can develop the 2010-2015 Consolidated Plan (the Plan) for countywide HOME Consortium and the Community Development Block Grant (CDBG) entitlement community of Chapel Hill. The Plan will provide information for the Consortium area as a whole as well as for each constituent part as required. Orange County is the lead entity for the HOME Consortium and will administer this Agreement for Services. The specific deliverables for each section are detailed below. The proposal is due on or before 5:00 PM on Thursday, December 31, 2009. The Consolidated Plan shall be completed in draft form by March 26, 2010 and completed in final form by April 30, 2010. b. Contact Person Questions or comments concerning this request for proposals should be sent to: Tara L. Fikes Department of Housing & Community Development County of Orange, NC P.O. BOX 8181 Hillsborough, NC 27278 tfikesnco.oran eg nc.us (919) 245-2490 c. Method of Submitting Questions Questions concerning this Request for Proposals may be submitted in writing or via email at the addresses listed above. The County must receive questions not later than Wednesday, December 23, 2009. c~ Submittal Deadlines Proposals must be received by the County at the address listed in section lb above not later than SPM on Thursday, December 31, 2009. This is an in-hand deadline -the County is not responsible for proposals not delivered for any reason. No late proposals will be considered. e. Selection Process The County will assemble a team to review each of the proposals. All proposals will be screened, and one or more applicants may be interviewed in person or by phone conference call. Selection of firm(s) will be made within two weeks of the due date and service agreements executed prior to the end of January. 2. Scope of Services & Deliverables The following is a draft outline for the finished product(s). A final scope of services will be negotiated with the selected firm(s). a. 2010-201 S Consolidated Plan i. Scone The primary basis for the Plan begins with HUD guidelines. However, the Plan is not limited to HUD guidelines. The Plan shall be completed as to the directions given by the County. In particular, HUD guideline Title 24 Part 91: "Consolidated Submissions for Community Planning and Development Programs," will be used for guidance. The housing component of the Consolidated Plan will be prepared for the entire four jurisdiction HOME Consortium. The Non-Housing Community Development component will be prepared only for the Town of Chapel Hill CDBG Entitlement Community. The Consultant hired will implement afive-step process, which will ultimately address how the Consortium members intend to meet the three statutory goals (decent housing, suitable living environment, and expanded economic opportunities). Those five steps are as follows: 1) Provide current conditions data (including but not limited to census data, building conditions, comprehensive housing market study, homeless needs, and special populations needs). All conditions data must be provided for the entire Consortium and broken out for each jurisdiction within the Consortium. 2) Analyze current condition data and phase into a Statement of Needs (including completion of required data tables); 3) Provide a Priority Ranking of Needs 4) Develop detailed strategies for each jurisdiction addressing those Needs (i.e. what and how to accomplish them) Also see HUD's publications entitled, "Guidelines for Preparing a Consolidated Plan Submission for Local Jurisdictions", "Guidance on Preparing Consolidated Plans for Fiscal Year (FY) 2010 Funding Cycles " dated November 4, 2009, and The Consolidated Plan Questions and Answers -July 2004 ". ii. Required Elements 1. Executive Summary The Plan shall include an executive summary that outlines the basic findings of the Plan. It shall include information on both the consortium area as a whole and on the Town of Chapel Hill as a CDBG entitlement community in particular. 2 2. Relevant Public Policies The Plan shall include analysis of current public policies that have an impact on the subject matter covered. This includes any relevant local, state or federal policies. This shall be broken down into two large sub-categories, as follows. The first is to include any long-range plans, including area Comprehensive Plans, and the second is to include policies aimed at specific geographic areas or populations. 3. Housing Plan The Plan shall include all housing elements required by HUD guidelines, including the following. Wherever data on needs and conditions is presented, the information should be tabulated for the Consortium as a whole and for each member jurisdiction of the Consortium as the information is available: a. Affordable Housing Needs b. Homeless Needs c. Special Populations Needs d. Housing Market Summary e. Public and Assisted Housing Analysis f. Barriers and Incentives Analysis g. Housing Delivery Systems h. Housing Priorities and Strategies 4. Community Development Plan The Plan shall include aNon-Housing Community Development Plan for the Town of Chapel Hill. This element will include, at a minimum, the following elements: a. Economic Development b. Public Services c. Public Facilities The Consultant will work directly with Town of Chapel Hill Planning Department Staff to develop this plan. S. Public Involvement Plan/Comments The Consultant will be responsible for advising and coordinating with all member jurisdictions of the Consortium to ensure that the public involvement process for plan development is an inclusive one that meets the letter and spirit of HUD requirements. The public involvement process should include focus groups with program beneficiaries, non-profit organization partners, and the general public. The County and member jurisdictions will be responsible for public notices and providing logistical support for the public involvement process. The Consultant, as primary editor, will be responsible for assembling comments taken and coordinating them with the other parts of the document. At the discretion of the County, the Consultant may be responsible for preparation for and participation in public meetings. 6. Performance Measurement System The Consultant will develop a Performance Measurement System for the CDBG and HOME Programs in accordance with Community Planning and Development Notice 03-09 published in September 2003. iii. Timeframe The Consultant is expected to present the Plan, in draft form, by March 26, 2010. 3. Submission Requirements Each proposer shall submit one bound and one unbound copy of their proposal. All pages shall by 8 %2" by 11" single side sheets. Proposals shall be a maximum of ten pages (not counting exhibits and attachments). Exhibits and attachments referenced in the proposal may be submitted (one copy) but will not be copied for all reviewers and therefore should not be essential to evaluation of the proposal. Please be sure to quantify organization and key personnel experience with similar projects and/or show the relevance of your prior work to the subject proposal. Proposals shall be submitted in a manila envelope with the words "Response to 2010- 15 Consolidated Plan" printed on the outside of the envelope. Each proposal must include the following elements in the order stated below: 1) An introductory section including the following: a) The name, job title, address, phone number, fax number and email address of the primary contact for the applicant company. b) The name, job title, address, phone number, fax number and email address of the person responsible for contract negotiations, if different from above. c) A brief history of the proposer's organization, including the year organized ownership, and the total number of employees and the location of offices. d) If organization is a Minority or Women's Business Enterprise (M/WBE), please identify ownership category. 2) A description of the proposer's experience with similar assignments, including the specific experience of the project manager, primary research and analysis staff and report writer who are likely to be assigned to this project. 3) A description of the proposed process and methodology to be utilized to complete the project, including methods of involving the community, builders, service providers and other special interests for the Consolidated Plan component, 4) A description of any services or requirements referenced in this RFP that the proposer is unable or unwilling to fully perform, if any, and state reasons for the same. 5) A generalized timeline for completing the major stages of the project. 6) The proposed fee for each component being responded to, broken down by major stages of the project. All fees including travel expenses should be included. Final fee schedule shall be subject to negotiation. 7) A minimum of three references for similar work done by the applicant company within the last five years for each of the component sections being responded to, including the name and daytime phone number of the contact person most familiar with the work performed, dates services were provided and a brief description of the work completed for the client. Please include a statement of permission for the County to contact identified clients. 4 8) Provide information on any contracts of this Type that were terminated prior to completion in the last five years. Provide details of such circumstances. Proposals must be submitted in hard copy by mail or in person. Regardless of the method of delivery, the County assumes no responsibility for not receiving proposals and all parties should verify that their proposal has been received prior to the deadline. Applicants should send proposal packets to: Orange County Housing & Community Development Department P.O. BOX 8181 Hillsborough, NC 27278 Express delivery address is Orange County Housing & Community Development Department 300 West Tryon Street Hillsborough, NC 27278 (919) 245-2490 4. Consultant's Responsibilities The Consultant will be fully responsible for preparation of the draft Consolidated Plan. All such documents will be provided to the County in Microsoft Word compatible format, including all tables, charts, maps, etc. The Consultant will be responsible for all data collection and analysis, development of draft recommendations on priorities and strategies, and completing all revisions as determined through the public involvement process. It is expected that the Consultant will attend most of the public meetings and may conduct other meetings and key person interviews independently. 5. County Responsibilities The County will be responsible for preparing and executing the Service Agreements with the selected Consultants, and for overseeing the entire project. The Consortium member jurisdiction staffs will assist in scheduling and provide logistical support for primary public involvement meetings. Some geographical information system (GIS) mapping and data sets may be available from the County but the Consultant should not assume specific availability without verifying with the County. The County reserves the right to: • Waive minor deficiencies and irregularities; • Accept or reject any or all responses received as a result of this RFP; • Obtain information concerning any or all proposers from any source; • Select for negotiation or award, the proposal which best meets the selection criteria and/or best serves the public interest; and • Negotiate with the successful Consultant with respect to any additional terms or conditions of the Agreement for Services. 6. Selection Criteria Selection of Consultant(s) will be based, but not limited to, the following criteria: • Demonstrated prior experience authoring Consolidated Plans, particularly multi- jurisdiction consortium plans. • Strong background in current conditions data analysis. • Experience with Housing Market Studies. • Experience meeting with and working with a variety of constituencies, agencies, non- profits, and governmental bodies. • Thorough understanding of procedures as outlined in this request for proposals. • Reasonableness of projected expenses and allocated time. • Financial capability to carry out the work program. 7. Contracting Process and Schedule The County may contact one or more applicants for interviews after reviewing the proposals. The County will enter into an Agreement with the selected Consultant(s) by January 22, 2010. It is highly likely that federal funds will be used as a funding source for this contract. Selected Consultant(s) must meet federal contracting requirements. 6 WFN -.. _.. INC. Request for Proposals Preparation of 2010-2015 Consolidated Plan Prepared For: Tara L. Fikes Department of Housing & Community Development County of Orange, NC P.O. Box 8181 Hillsborough, NC 27278 Prepared By: W. Franl~ Newton, Inc. 127 Church Street Suite 225 Marietta, GA 30060 [770] 420-5634 wfninc C~ aol. com RESPONSE To 20 i 0-2015 CONSOLiDATT:D Pt.Aiv - DeCGMQER 2009 TABLE OF CONTENTS 1. WFN, Inc. Introduction .......................................................................................... a. Contact Information ............................................................................................1 c. WFN, Inc. -Project Performance and Experience ........................................... ..1 2. Specific Consolidated Plan Experience ............................................................... ..2 Client-Jurisdiction Experience .............................................................................. ..2 3. WFN, Inc. Scope of Services [Methodology] ...................................................... ..2 1. Preparation of the Consolidated S-Year Plan with ls` Year Action Plan ........... ..3 Scope of Services .................................................................................................. ..3 i) Subpart A: General Program Overview and Definitions - § 91.1 .................... ..4 2) Subpart B: Citizelz Participation and Consultation - § 9I.100 ......................... ..4 3) Subpart C: Local Governments; Contents of Consolidated Plan - § 91.200 ... ..5 A. § 91.205: Housing, Homeless, and Non-Homeless Needs [Including HOPWA] ....................................................................................................... ..5 Task 1: Housing Needs ....................................................................................... ..5 Task 2: Homeless Needs .................................................................................... ..5 Task 3. Non-Homeless Special Needs ............................................................... ..6 B. § 91.210: HOllslilg Mlrket Analysis .............................................................. ..6 C. § 9 i .21 S: Strategic Plan ................................................................................. ..8 Task 4: Strategic Plan to include 1st Year Action Plan ...................................... ..8 Task S: Other Recluireinents ............................................................................... ..8 S. Project Timeiine ................................................................................................... ..9 6. WFN, Inc. Fee Structure ...................................................................................... 10 7. WFN, Inc. References .......................................................................................... 10 8. Exhibits & Attachments ....................................................................................... 11 Attachment l: WFN, Inc. -Additional Background and Experience .................. 12 WFN, Inc. -Management Plan for the Service .................................................... 16 WFN, Inc. -Proposed Consultant Team: Qualifications ...................................... 16 General Conditions ................................................................................................ 25 Correction of errors and omissions .................................................................... 25 Insurance ............................................................................................................ 25 Indenulification .................................................................................................. 26 Litigation ............................................................................................................ 26 Nondiscriinination .............................................................................................. 26 Fiscal Capacity ................................................................................................... 27 Minority/Women Participatioii ........................................................................... 27 ~~~ ~ T ~ J~ 127 Church Street, Suite 225 ~/ `/ Marietta, GA 30060 __ _.. PH: [770]420-5634 A Management Consulting Ffrm for HUD Grant Programs Fax: (770] 420-5635 I N C • wtninc a aot.com December 29, 2009 Tara L. Fikes Department of Housing & Community Development County of Orange, NC P.O. Box 8181 Hillsborough, NC 27278 Dear Ms. Fikes: On behalf of WFN, Inc., please accept this proposal for the completion of the Orange County HOME Consortium's Five-Year Consolidated Plan, to include an Analysis of Impediments to Fair Housing Choice, to be submitted to the U.S. Department of Housing and Urban Development [HUD) by Friday, Apri130, 2010. Please review the contents of this proposal closely as we have included a member of proprietary data collection activities that would be critical to the long-term success of the implementation of the 5-Year Consolidated Plan for the Orange County HOME Consortium [including the Towns of Catrboro, Chapel Hill and Hillsborough, NCJ. After your review, our firm is prepared to discuss any questions you might have, and if approved by the reviewing committee, the Orange County Department of Housing and Community Development, County Manager and Board of Commissioners, WFN, Inc. world be ready to assume the research and development responsibilities necessary for a timely submission to HUD. We took forward to hearing from you. Sincerely, r~ /~ ~ ~ ~~ Nick Autorina Vice President WFN, Inc. 770-420-5634 wfninc @ aol.com l~ttp://www.wfnconsultin Rr,SPON$E TO 2010-20 ~ S CONSOLIDATED PLAN -DECEMBER 2009 1. WFN, Inc. Introduction a. Contact LZformntiorc Company Name: W. Frank Newton, Inc. Street Address: 127 Church Street, Suite 225 City: Marietta State: GA Zip Code: 30060 Telephone: (770) 420-5634 tax: (770) 420-5635 E-mail: wfninc@aol.com Name of Contact Person: Nick Autorina Title: Vice President Office Phone: (770)420-5634 Mobile: (678?467-1425 Business License in the State of G ot•~,ia: License #: 00049875 Renewed: 2/19/09 Proprietor (SS #): NSA rederal Tax ID Number: 58-1411938 c. WFN, bac. - P!•olect Performance aitcl Exyerience WFN, hie. has 38 years of adnunish•ation and management experience working with federal, state and local grant programs. WFN, Inc. collectively prepares four Action Plans annually for our four CDBG Program Management client jurisdictions, as well as fourteen Consolidated Plans over the past thirty-eight years. Our staff of 40 employees provides the company with a broad range of education and experience in various aspects of grants administration, including program planning, proposal writing, program development, program implementation, program evaluation, monitoring, financial management and legislation. In addition to these general adnunish'ative qualifications, WFN, Inc. employees also possess specific progranunatic technical qualifications, including construction management, housing rehabilitation, lead-base paint, NSP, CDBG, HOME, ESG, HPRP, HOPWA, econon-tic development, and community planning. WFN, Inc. has fulfilled plamting, implementation, monitoring and reporting responsibilities in administering State and Federal CDBG Programs and other HUD related grant programs in Cobb County, Georgia since 1982, Gwinnett County, Georgia since 1986, and Clayton County, Georgia since 1998. During the years that WFN, Inc. has administered Clayton County, Gwinnett Coultty and Cobb County's grant programs, WFN, Inc. has provided all aspects of program planning, design, implementation, and administration services. The programs have been managed efficiently through WFN, Ino,`s focus on innovation and sh'eamlined efficiency through its creative use of existing personnel. . Wh'N St~ecial CDBG Achievements Under WFN, htc.'s administration, Gwinnett's and Cobb's CDBG Programs have received eight HUD National Best Practices Bhte Ribbon Awards and HUD State of Georgia Awards: 1997: t. Gwimtett County Huntan Service Center at Buford and Norcross 2. Cobb Children's Center - A Comprehensive Approach to Child Abuse Treatment. 1998: 1. Gwinnett County Consolidated Plan -Creative Citizen Participation 2. Cobb County -Roosevelt Circle -Integrated Resources for Neighborhood Revitalizatio^ 3. Cobb Housing, Inc. Homeownership Access Program RESPONSE TO zt) t ~-2~I$ CONSDLtDATED PLAN - DECET•7BER 2t}O9 1999: 1. Cobb Family Resources - Integration of lob Training, Transitional Housing, and Supportive 2000: 1. Cobb - Housemate Match Program - Sewish Community Center 2. Gwimtett -Norcross Partnership for Children and Youth A'ole: HUD ceased the Best Practices Program rn:der the Bash Adi~rixisU•atiae iu 21101. WFN, Inc. understands that the preparation of the Consolidated Plan is designed to be a collaborative process, whereby a community establishes a unified vision for affordable housing and community development actions. The process of Consolidated Planning provides the Orange County HOME Consortium with an opportunity to mold the various housing and community development programs into effective, coordinated neighborhood and community development strategies. "The Consolidated Plan Process can also create the opportunity for strategic planning and citizen participation to take place in a comprehensive context, and to reduce duplication of effort at the local level." [htip:/hvww.huJ.eov/affrces/cps/abouUco~lanltoolsnndeuiJancdeuidrtnceJlocnl ~uidelines.~iocJ This collaborative Strategic Plan can build on the Orange County HOME Consortium's local assets, while simultaneously coordinating a response to the needs of the community. This planning process provides the County with an opportunity to integrate its economic, physical, environmental, community, and human development components into a comprehensive and coordinated effort in order to facilitate the conmzuttications among families and community agencies so titat they can work together and thrive. WFN, Ittc. will develop a strategic Comprehensive Plan that will establish program goats, specific objectives, annual goals, and benchmarks for measuring progress. 2. Specific Consolidated Plan Experience Since 1982, WFN, Inc. has completed all planning and tnattagement activities for the CDBG Programs in Clayton, Cobb and Gwinnett Counties and has completed 14 Consolidated Plans. In 2009, WFN, Inc. was awarded the contract to manage the City of Dalton, Georgia's CDBG Program, as well as complete the Housing Needs Assessment for Cumberland County and the City of Fayetteville, North Carolina and the Analysis of Intpedirn.ents to Fair Hortsing Choice for Wake County, North Carolina. Clie~tl-Jrcrisdictioia E~ie~tce The follotvrrrg is a stttrrntary of Three-Five Year Cotzsolidated Platt WFN, hrc. Staff has developed for the previously stated client jrrresdretiora references: Client-Jurisdiction: Cobb Count , GA Gwinnett Count ~ GA Cla ton Count , GA Years Cottsoliduted Plart 1995-1997 1995-1997 sttb»titted attd approved by 1998-2000 1998-2000 1998-2000 the U. S. Departnrertt of 2000-2002 2000-2002 2000-2002 Hortsrng ~rttd Ur•batr 2003-2005 2003-2005 2003-2005 Development 2006-2010 2006-2010 200G-2010 3. WFN, Inc. Scope of Services [Methodology] WFN, Inc. has established operational controls for the planning and preparation of the Five-Year Consolidated Plan, to include a ls`-Year Action Plan and Atutlysis of Irnpedimettts to Fair Hottsittg Choice, and will utilize this approach for the Orange County HOME Consortium and Chapel Hill. As such, WFN, Inc. relies upon experienced and well-trained personnel. Operating controls are established by WFN, Inc., in accordance with the various legislation, regulations, guidance, RESPONSE TO 2~ 10-201$ CONSDt.TDATTD PLAN -DECEMBER 2t)~9 directives, and policy memoranda published by HUD. This ensures that the Consolidated Plan wilt be prepared in a quality manner, fallowing alt operational policies for the CDBG, HOME, ESE, HOPWA, NSP, HPRP and CDBG-R Programs, as welt as the Orange County NOME Consortium's operational controls and policies. All grant activities, including the Consolidated Plan process, budgets, and amendments are subject to public review and comment through public hearings conducted by WFN, Inc. staff. It is the practice of WFN, Inc. to encourage public participation and t0 solicit the invohrement of the various Departments, residents and non-profit Agencies that provide facilities and deliver services to the residents of the Orange County HOME Consortium. 1. Preparation of the Cotasolidccted 5-YearPla~a with IS` Yeal•Actiola Plan WFN, Inc. has established a proprietary Performance Measurement System, which it uses in managing its CDBG Programs. The followiug summarizes the Consolidated Plan Preparation process that will be implemented to ensure WFN, Inc.'s maximum efficiency and effectiveness in our performance. WI+N, Inc.'s Consolidated Plan Activities - Preparation of the Consolidated Plan every five years, including the Strategic Plan [needs, goals objectives, strategies, outcomes], and activities which address high priority needs, in accordance with HUD statutory and regulatory requirements. - Conduct Public Hearings as outlined in the Orange County HOME Consortium's Citizen Participation Plata. - Maintenance of the Citizen Participation Plan consistent with the statutory and regulatory requirernertts required by HUD and the Orange County HOME Consortium. - Submission of the Consolidated Plan to the U.S. Department of Housing and Urban Development within the time limits established by HUD for approval. 4VCN, Inc. has provided a detailed flokvchart oettlining the Consolidation Plan preparalion process in Exhibit 1. Scope of Services As adopted by the Orange County Board of Commissioners and approved by HUD, WFN, Inc. will ensure the Five-Year Consolidated Plan [ConPlau] and IS` Year Action Plan will set forth the Consortium's existing policies, programs and measurable objectives for expenditure of various federal grants to include the CDBG, HOME as well as incorporate a Comprehensive Housing Affordability Sh•ategy [CHAS] for the HOME Program. WFN, Inc. will research, plan and prepare a Consolidated PIan that will provide a comprehensive strategy that addresses the Orange County HOME Consortium's housing and community development needs. WFN, Inc. will consider all funding sources available. WFN, Inc. will follow regulations set forth by Title 24 CFR Part 93 et seq., and in accordance with instructions prescribed by HUD, including tables and narratives. WFN, Inc. will comply with the Orange County HOME Consortium's recommended four-step process to prepare an analysis and report in accordance with the following regulations: 1. Subpart A: General Program Overview and Definitions - § 9I.1 2. Subpart B: Citizen Participation and Consultation - § 91.140 3. Subpart C: Locat Governments; Contents of Consolidated PIan - § 91.200 RESPONSE TO 2010-2015 CONSOLIDA7EDPLAN -DECEMBER 2009 1) Srrb»art A: General Prot~~c~rn Overview and Definitions - ~ 91.I Over the past 38 years, WFN, Inc. has worked with federal, state and local government grant programs in Metro-Atlanta, in particular, Cobb County, Georgia [since 1982], Gwinnett County, Georgia [since 1986] and Clayton County, Georgia [since 1998]. The overarching focus of the firm has been to ensure that services are provided to the taxpayers in the most efficient and cost effective manner. As stewards of the public trust, WFN, Inc. strives to maintain a balanced and fair approach in all of its grant management activities. We are dedicated to program integration and simplification, resulting in a streamlined approach to program administration with acost-conscious management process. WFN, Inc. believes that it is not necessary to create additions[ functional entities each time a new federal and state grant program is introduced. By combining resources to address similar needs, eliminating duplication of personnel and equipment and developing relevant processes, we are able to reduce administrative costs. This approach allows mote grant dollars to fund the actual facilities and services, thus serving more citizens. This approach has served our clients well. WFN, Inc. provides expert advice and up-to-date information to its clients to ensure that ptogratns are effectively implemented in a timely manner. The complexities of various grant programs require multiple reporting formats to provide status reports and grant activities at many levels. WFN, inc. provides ap-to-date information on all on-going projects to clients in a monthly management report along with monthly meetings to discuss program progress with the appropriate County-liaison staff. WFN, Ina has provided all aspects of program planning, design, implementation, and administration services for HUD-funded grant programs. This includes the preparation of each jurisdiction's Consolidated Plan and Annual Action Plan pteparatiar and submission to HUD. 2) Subpart B• Citizen Pmtici»ation and Consultation - ¢ 91.100 WFN, Inc. will collaborate with the agencies that provide: housing and social services; fair housing services; homeless services; health services; chronically homeless services; Lead-based Paint services, as well as collaborate with adjacent State [non-housingj, County, metropolitan planning agencies and the local public housing authority. WFN, Inc. will also collaborate with neighborhood- serving organizations located with the Orange County HOME Consortium. In addition to services required as Program Management Consultants for Clayton, Cobb, Gwinnett and Henry Counties and the City of Dalton, WFN, Inc. has also performed the following tasks: 1. Creation of the Cobb Collaborative jA group of over 40 non-profits and public service agencies that works with community organizations to facilitate the sharing of ideas, expertise and resources to meet the needs and resolve issues to assist ail individuals, famiiics and communities in Cobb County]; 2. Interaction with the Cla}'ton Collaborative and Gwinnett County Human Services Coalition; 3.A-td, meets regularly with Chairmen, County and City Managers and liaison personnel with grantee agencies. In order to maximize citizen participation, WFN, Inc. will conduct Public Hearings, a Fair Housing Survey and a Nerds Assessment Survey for residents, non-profits, and community advocates. WFN, Inc. will interview local non-profit housing and non-housing agencies serving the Orange County HOME Consortium. RESPONSG TO 2010-2OI $ CONSOLIDA'rTD PLAN - DECErvIBER 20179 3) SuLpctr•t C: Locrcl Governments; Contents of Consolirlrrted Pla,a - ¢ 9L200 WFN, Inc. will prepare a Consolidated Plan which provides a concise summary of the Orange County HOME Consortium's estimated housing needs projected for the ensuing five-year period. Hauling data included in this portion of the plan shall be based on U.S. Census data, as updated by any properly conducted 3oca1 study, or any other reliable sources that [he jurisdiction clearly identifies, and should reflect the consultation with social service agencies and other entities conducted in accordance with §91.100 and the citizen participation process conducted in accordance with §91.105. A. 91.205: Housing, Homeless, and Non-Homeless Needs 1Ltcludine HOPWA Task 1: Hottsint= Needs WFN, Inc. will review the Orange County HOME Consortium's 2005-2010 Consolidated Plan and Fair Housing-related documentation, Continuum of Care and past homeless studies prior to engaging in further housing needs research [if available]. This infor-rnation wilt provide a background analysis for the Orange County HOME Consortium. WFN, Inc. will address specific housing needs in the form of a "housing market analysis" to establish priorities, goals and measurable outcomes based upon the needs derived from the analysis of the information collected. This analysis will address specific housing issues to include an "affordability snapshot" which will address the cost burdens associated with rental prices and the affordability of homeownership within the Orange County HOME Consortium. The "affordability snapshot" will provide "Cost of Living" scenarios that will detail the average monthly costs for Orange County HOME Consortium families jone and four-person households] at four distinct income levels; varying from the "high" income bracket [120% of the area median income] down to the "very tow/low" income brackets (30% and below, 3i%-50% and 51% - 80% of the area median income]. The propose of these scenarios is to detail "affordable" cost of living snapshots for families at different income levels itt the Orange County HOME Consortium. We will also provide an aggregate listing of rental housing [at various income levels] to depict surplus and/or deficiencies that exist at various income levels for residents of the Orange County HOME Consortium. The income levels will be adch•esses in the categories of very low income [30% and below AMI], low income households [31-50% AMI], moderate income [51-80% AMIj and "middle income [81 - 120% AMl]. This analysis will also encompass a review of substandard living conditions, as well as overcrowding. The models WFN, Inc. will provide will result in an affordability/availability format. WFN, Inc. will use housing-based census records to include current data sources, documents and field surveys to estimate current and projected housing needs for the next five years. If requested, WFN, Inc. will also include a "barriers analysis" which will provide a discussion regarding any racial or ethnic group that have a disproportionately greater need in a specific income category compared to the overall needs of that particular income category. Taslc 2: Homeless Needs WFN, Inc. will review the Orange County HOME Consortium's most recent sheltered and unsheltered surveys, and point-in-time homeless survey prepared by the local Continuum of Care [if available]. This information will provide a background analysis for the Orange County HOME Consortium's homeless needs. WFN, Inc. will survey local non-profits specializing itt emergency, transitional, and permanent housing and shelter programs in order to identify and describe the need for facilities and services for the homeless population. This survey wilt include needs assessments for sub-categories of the RTiSPONSE TO 2010-2015 CONSOLIDATED PLAN - DECEktQER 2009 homeless population to include persons living with AIDS, families with children, the disabled, victims of domestic violence and the mentally i11. This process may also involve coordination with local non-profit organizations, in ot'der to receive a "point-in-time" homeless count. By combining resoucrces and fostering a collaborative effort with local non-profits, ~VFN, Inc. will describe and define the linkages between the availability of homelessness assistance and other private resources with the numbers of persons actually served. This will also implement a narrative description of the nature and extent of homeless by racial/ethnic group. WFN, Inc. will use census and other data to produce maps that will depict the following demographics: Y Overcrowded owner-households - Low & moderate income areas - Overcrowded renter-households - Services & facilities by type - Caucasian population - Schools and parks - Hispanic population - Persons in poverty - Black population - Unemployed persons - Asian population Taslc 3. Non-Homeless Special Needs WFN> Inc. will identify the size and characteristics of the Orange County HOME Consortium's non- hotneless special needs population. By combining resources and fostering a collaborative effort with local non-profits, WFN, Inc. will estimate [to the extent practicable] the number of persons in various subpopulations that are not homeless but may require housing or supportive services, including the elderly, frail elderly, persons with disabilities [mental, physical, developmental, persons with HIV/AIDS and their families], persons with alcohol or other drug addietiort, victims of domestic violence, public housing residents, and any other categories the jurisdiction may specify and describe their supportive housing needs. B & 91.210: Housint* Market Analysis WFN, Inc. will review the Orange County HOME Consortium's most recent County-wide housing conditions survey and available market studies and feasibility report provided by the Orange County HOME Consortium [if available]. This information will provide a background analysis for the Orange County HOME Consortium's housing market. WFN, Inc. will complete a housing market analysis to focus specifically on two major issues: affordability and availability. This will require atwo-step process to first define what is affordable [at various income levels and various household sizes] via an "affordability snapshot", and secondly, to find available rental and homeowner units based on the "affordability" findings. This "affordable/available" inventory listing will also be "broken" daevn into sub-segments of the Orange Cotmty HOME Consortium's "special needs" population to also detail accessibility. The following list wilt be provided: 1. WFN, Irte. will describe the significant characteristics of the housing market in terms of supply, demand, CORdttlolt, the cost of housing, and the housing stock available to serve persons with disabilities. 2. ~VFN, Inc. will provide an estimate, to the extent information is available, of the number of vacant or abandoned buildings and whether units in these buildings are suitable for rehabilitation. 3. WFN, Inc. will coordinate with local Housing Authority and/or Community Housing Development Organization [CHDO] to discuss topics pertaining to Public and Assisted Housing. WFN, Inc. will research and determine the needs of public housing, to include: 6 RESPONSE TO 2010-201 S CONSOLiDA'rBtJ PLAN - DECEl<•1BER 2009 - The number of public housing units ur the jurisdiction; - The plrysical condition of such units; - The restoration and revitalization needs of public housing projects within the jurisdiction; - The number of families on public housing and tenant-based Section 8 waiting lists; and - Results from the Section 504 needs assessment of public housing projects located tivithin its boundaries [i.e. assessment of needs of tenants and applicants on waiting list for accessible units as requil-ed by 24 CFR 8.25]. 4. WFN, inc. will provide an available/affordable inventory listing to describe fire number and targeting [income level and type of household served] of units currently assisted by local, state, or federally funded programs, and an assessment of whether any such units are expected to be lost from the assisted housing inventory for any reason, [i.e. expiration of Section 8 conh•acts]. 5. WFN, Ine.'s inventory listing {and narrative description] will include a sutnrnary of the existing facilities and services that assist homeless persons and families with children and subpopulations to include out-•each and assessment services, emergency shelters and services, transitional housing, permanent supportive housing, access to permanent housing, and activities to prevent low-income individuals and families with children [especially extremely low-income] from becoming homeless. This inventory of facilities should include [to the extent it is available to the Orange County HOME Consortium] an estimate of the percentage or number of beds and supportive services programs that are serving people that are chronically homeless. b. WFN, Inc. will describe the supply versus demand of housing in the Orange County HOME Consortium, as tivel] as general market conditions and hoasitrg trends with an emphasis on the changes in: - Socioeconomic, employment, population, and income characteristics; - Housing land use trends and general absorption analysis [for rent and for sale]; - Lnpedimelrts /opportunities created by the market conditions for: o Promoting new home ownership o Producing rental housing o Alleviating overcrowding o Meeting the needs of underserved populations 7. WFN, Inc. will also provide a description of overall demand for housing to include: - identification and description of the demalyd/needs for home ownership by first-time holnebuyer [describe constraints and trends). - An aggregate analysis [the new demands for additional units by type/tenure of units] - And, to rite degree practical, identification of any potential need for additional units by income category and type of family [elderly, large family, small family, and sitrgle persons]. 8. WFN, Inc. will identify and describe the concentration of low-income areas, as well as concentrations of nunorities within the Orange County HOME Consortium. WFN, Inc. will provide maps to depict this information, as well as a nan•ative summary. 9. WFN, Inc. will identify and describe the government assisted affordable housing nulltifanrily complexes [non Public Housing Authority [PHA]] within the County to include: - the name of project; - address; - number of units; - average rent structures; - nature of assisted financing; and, - nature of supportive services. RESPONSE TO 2010-2015 CONSOLIDATED PLAN -DECEMBER 2009 tO.Finally, WFN, Inc. will determine if any government-assisted housing is at-risk of going free market or being lost from the inventory. This determination will include the name of each housing development, the type of complex, and the number of units, applicable assisted program, address, and potential conversion date. C. & 91.215: Strategic Plan Taslc 4: Stratet;it: Play to include 1st Year Action Plan WFN, Inc. will review [with the Orange County HOME Consortium] the completed Housing Market Analysis and work with the County to develop a strategy for providing services to the "target group[s]" in a collaborative effort to assist in creating the Orange County HOME Consortium's Strategic Plan. WFN, Inc. will prepare a Strategic Plan, to include a 15` Year Annual Action Plan, that will detail how the Orange County HOME Consortium intends to provide new or improved availability, affordability, and sustainability of decent housing, suitable living environment, and economic opportunities, principally for extremely-low, low and moderate income residents with the use of federal fulids for Fiscal Years 2010-2014. WFN, Inc. will publish Public Notices, and host Public Hearings in order to meet the Orange County HOME Consortium's Citizen Participation Process in preparing and submitting the Strategic Plan and 1s1 Year Action Plan. WFN, Inc. staff members are trained on the use of the Consolidated Plan Management Process [CPMP] Tool, and have completed Annual Action Plans, CAPERS and Consolidated Plans for our four client jurisdictions utilizing this toot since 2004. Taslc 5: Ot1~er Requirements After preparing the draft Consolidated Plan, WFN, Inc. will address all comments and/or recommendations by County staff, Consortium members, County Commissioners, the public or other stakeholders. WFN, Inc. will prepare and track all revisions made to the draft[s] as requested by County personnel. WFN, Inc. will provide the County with five sets of the draft [and final] Consolidated 5-Year Plan and Analysis of Impediments to Fair Housing Choice accompanied by an electronic compact disc (CD], completed in Microsoft Office Word [2003] fozmat. WFN, Inc, will include both a bibliography, ancE a resource binder to include all data sources, copies of data collected, and any other records or supporting documentation used in the compilation and development of the Consolidated S-year Plan and Analysis of Impediments to Fair Housing Choice. WFN, Inc. will assist Orange County HOME Consortium personnel in preparing alt Public Notices, Memorandums, Advertisements, and announcements/updates for inclusion on the County's website in English, Spanish, and any other appropriate languages 5. Project Timeline WI^N, Inc. will complete a draft version of the Orange County HOME Consortium's Consolidated Five-Year Plan, to include an Analysis of Impediments to Faix Housing Choice, by March 26, 2010. The following Gantt Chart outlines the timeline WFN, Inc. will complete the steps outlined in the Scope of Services, assuming the contract award date of January 22, 2010. Proposed Schedule for GonP~an and A. ~. Preparation If~i~~`s}aifi~~ ii.. :(y, ...ti.. lie~c~.. ,~ ~~f{za?Y>~,) :yarn„~ ,~ - _)anuaC.y ~ F~Bru~ry-., . _ _' ~ t•t~rCh ~ , _. ~pcil _ •.~ ;Sian contract as a~.•;arded c n<uitzn and be~~~n research fcr COnGOIIaGLCd 5-Year I ~ '' ; ~ , Fla! anL-; :~.nalysis of irnNed;ments ;o ~a:r KCt:Si^c unGiCp ~ .. ______ -._.__...-__.._...__ -.______ ' __~.....---...._..t__._....__ ' r ... ,~, eVtoUSiy C~mpIBiBC ~vn~:an ,:no .,. I. ' Con<cc, local nen-aref:;s tar inaut into "n•aevs assessment" se~:~inns _._ Fr3ra a public nG~iC2;` ~+,: i ... ,.<~,,.• c1.~.C-rt~sc,:~~.^.. ,C: ~t:i..."t .:v, ~t... ~,~Jn QT COnPlan ord r.. I. !FI"CpzrcntlrfR i i I "."'_._.__._... T..._ _.__.~ r,nai~ze d~nagrarhiC d+ara and Ccnscruct rnG ., re:ati•fe to tt:e Scope ui Services ~ 'fOr both -h? ~, _ tionc~:an cnG :;. L. ___.._._ ---.__..__.._.. _.._.. ......_ _..._____. . _ __ _ _ _ _.._ ._ _ ._._.._w... .._.___..____,_....___.__._..~.... ~~_._......__..._.__....._._.._ n, ___.____ 1 OSi P;;bIiC Ftearng[S; LG gQ;her "tBC-ds c 5s~... ant dGt6 trOm reSidB -S .?f i~Z' ~ ~ ~ ommsrni`~ ---- --- ~ - ~ ConduC< on-link c?rnm„ni,y-•raide sun~e~,r ::~ ,r~ 'z,~,;:,ing profGSS'ranais in iht' Gubii~ ; ~ i4r.d pri:~aC~ srctcrs :o :n_io.,~ ,cnaing ,.rCr-wcsr~n2ls; real es.a.•,: professionals, nano fi, pro`essionG:s, arld ~C''rcrn^~ent ctt r alp .;, ascertain perc~pt;o>>°s cf :he 2„ hausina rnarh end `'tG:s,n*~ rei~tec s ~ cis __ _ ~ __~. ...___.-.._...-. _ '-~~ ~ I ~ v,~ntl,tue r@S°arCn U+. ~7_;nQ :raSGUrrr~'.04~5 tv ~t..i!.uC~ Z7DiJ wn5U5 lJC7id, `dr ,i-io«5irtq ?lanni.ng G«3G`e., "iJ~'5 Cui~;:in@5 f^v" P:'~j:3rtnG ConFlaz 5U(Jf"1iSSicns i•er I l_CCc~.I 'Uri54iCt!OnS, Cv:~0~5~ research Gn 'tC«SI'14 ' 8ndsr any S°qr?^yc'C;Gn ""-_ ------- .___....__.._._. iPrevar~ drab Copies of ConP;an, is Year ~~*..:er~.Fian, and ,=.nalysis of ~_ I -,~;fd.rn nt~ to i=a;~r HousinK ;..ascc for City parscnna; + _ ......... ... .......... ..... ........ ........ _. ~l - -eti~ ?'Atln^y i7^,a G, Gl~ rt"~C.....rUVli~n i)Gi C-'t.~-..ir?i .I~Z.i!°n,. 1Gr trI:IZC riY; l .~~Iw11 ,n ~ -- // h Lvrf ~~Gn Gnd ti,. ~. prep2r3~tGn ~ I'.~ce~ti~c fe~d.,ac~ `ro,~, ..y =sor:ium ano p~era _ visions as rCq;:e~i~d b•; • , °~_~'is•~i'Cli:T1 TTT°r"IvC-rS ~. ~;,mpiata final draft c, ~o.~Pian anC ~.. i. an,. ,~..bm ~ ;ivr copies and one ~,•. .. . 1Y; Cro;,~C .Cpy t4 tC"c t„°an~~ CoU^ ~.. So Win' iCr . "tdi SubtnisSiCr. i,G ~1Uu ........ _.._......................___., Assuming a 30-day comment period to satisfy the Orange County HOME Consortium's Citizen Participation requirement in preparing and finalizing the 5-Year Consolidated Plan. 9 6. WFN, Inc. Fee Structure WFN, Inc. Fixed Price Contract WFN, Inc. has prepared this Proposal for the preparation of the Orange County HOME Consortium's Five-Year Consolidated Plan to include an Artnlysis of hnpedi~irents to Fair• Housing Choice. As such, WFN, Inc. will work closely with the appropriate Consortium personnel, housing professionals, nonprofits, and all other local, state and federal agencies to ensure the most accurate and up-to-date information for inclusion in this report. As such, WFN, Inc. proposes a $20,000 fixed-rate fee for the research, developtent, and implementation of the Orange County HOME Consortium's 5-Year Consolidated Plan to include a Housing Market Analysis, Housing and Notr-housing Comtmunity Development Needs Analysis, Three to Five-Year Strategies and Objectives, Required Charts, Data Tables and Supporting Materials fora $15,000 fixed-rate fee for the research, development and preparation of the Analysis of Impediments to Fair Housing Choice. All budgetary line-items and information provided are "Not to Exceed" this $35,000 budget. Cost Proposal Schedule )Jmployee HoiErs Rate Total Indirect Supplies Tra~~el Total Administrator/President 9 $ 200.00 $ 1,800.00 $ - $ - $ - $ 1,800.00 Program Manager 50 $ 175.00 $ 8,750.00 $ - $ - $ 3,000.00 $ 11,750.00 Senior Conunmtity Planner 85 $ 150.00 $ 12,750.00 $ - $ - $ 3,000.00 $ 15,750.00 Researct>lSupport 57 $ 100.00 $ 5,700.00 $ - $ - $ - $ 5,700.00 Totat: 201 $ - $ 29,000.00 $ - $ - $ 6,000.00 $ 35,000.00 7. WFN, Inc. References The following references are current WFN, Inc. clients in which our staff provides fitll services for HUll Program Grout Administration [to include the preparation of a S-Year Consolidated Plan]: Cobb County Government Office of Economic Development Mr. Michael Hughes, Director 100 Cherokee Street Marietta, Georgia 30090 mhlrughes C~ cobbcourrty. org 770-528-1510 Gwinnett County Government Department of Finance Ms. Tanikia Jackson, Grants Manager Gwinnett Justice and Administration Ctr. 75 Langley Drive Lawrenceville, GA 30046-6900 Tanikia.jackson C~ gwinnetteounty.com 770-822-7863 Clayton County Government Clayton County Board of Commissioners Chairman Eldrin Bell 112 Stnith Street Jonesboro, Georgia 30236 770-472-8122 Eldrin.Bell @co.clayton.ga.us City of Dalton, Georgia Department of Finance Ms. Cindy Jackson, Finance Director City Hall 300 West Waugh Street Dalton, GA 30720 CJackson @cityofdalton-ga.gov 706-529-2460 to Exhibit C SPECIAL CONDITIONS "Contractor" in this section refers to W. Frank Newton, Inc.. I. Federal Provisions 1. Reporting Requirements: 1.1. In accordance with 24 CFR 85.36(1)(7), the COUNTY and Contractor will comply with all requirements and regulations pertaining to reporting, specifically those parts listed under 24 CFR 85.40 and 24 CFR 85.41. 2. Patent Rights: 2.1. In accordance with 24 CFR 85.36(1)(8), the COUNTY and Contractor will comply with all requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is invented in the course of or under such contract. 3. Copyrights: 3.1. The United States Department of Housing and Urban Development reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 4. Record Retention and Access to Pertinent Information: 4.1. In accordance with 24 CFR 85.36(1)(11), the COUNTY shall retain all pertinent books, documents, papers and records pertaining to this contract in accordance with 24 CFR 85.42 for a period of five years after the date of final payment and all other pending matter are closed. All accounts and records shall be maintained, including personal property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary to assure proper accounting for all project funds, both Federal and non-Federal shares. In accordance with 24 CFR 85.36(1)(10), the Contractor, and his subcontractor, if any, shall retain all pertinent books, documents, papers and records involving transactions relating to this contract for three years from the date of final payment under this contract. The Contractor shall make such records available to the COUNTY, the Comptroller General of the United States, the U.S. Department of Housing and Urban Development, or their duly authorized representatives, for the purpose of making audit, examination, excerpts and transcriptions. The periods of access and examination described above, for records which related to litigation or the settlement of claims arising out of the performance of this contract, or costs and expenses of this contract as to which exception has been take by the COUNTY, the Comptroller General of the United States, the U.S. Department of Housing and Urban Development, or their duly authorized representatives, shall continue until such litigation, claims, or exceptions have been disposed of. 5. Nondiscrimination Clause -Section 109, Housing and Community Development Act of 1974: 5.1. No person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 6. Equal Employment Opportunity Clause - Executive Order 11246 Clause: (Applicable to all construction contracts awarded in excess of $10,000 by grantees and their contractors or subcontractors.) 6.1. During the performance of this contract, the contractor agrees as follows: The Contractor will not discriminate against any employee or applicant, for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, to transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration of employment without regard to race, color, religion, sex or national origin. The Contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency's contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such director by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7. Section 504 of the Rehabilitation Act of 1973, as amended -Nondiscrimination on the Basis of Handicap: 7.1. No qualified handicapped person, on the basis of handicap, shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. 8. Age Discrimination Act of 1975, as amended -Nondiscrimination on the Basis of Age: 8.1. No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. 9. Section 3 Clause -Compliance in the Provision of Training, Employment and Business Opportunities: 9.1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties of this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of this applicant or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation or regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation or regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors or assigns to those sanction specified by the grant or loan agreement of contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 10. Conflict of Interest: 10.1. No member, officer, or employee of the COUNTY, or its agents, no member of the governing body of Orange County, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during this tenure of for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The COUNTY and Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. 11. Interest of Contractor: 11.1.1 The Contractor covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the project area of any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. 12. Certificate of Eligibility: 12.1. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 29 CFR 5. 12(a)(1) or to participate in HITD programs pursuant to 24 CFR Part 24 or, if applicable, by virtue of Section 3(s) of the Davis-Bacon Act. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 29 CFR 5. 12(1)(1) or to participate in HUD programs pursuant to 24 CFR Part 24, or, if applicable, by virtue of Section 3(a) of the Davis-Bacon Act. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 and 18 U.S.C. 1010. 13. Debarred and Suspended Parties 13.1 The COUNTY and Contractor must not make any award or permit any award (subgrant or contract) at any time to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". By entering into this contract, the Contractor certifies that it is not currently debarred or suspended, or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspensions". 14. Disputes, Default, and Termination 14.1 Disputes. In the event of dispute arising under this Contract, the Contractor shall notify the COUNTY promptly in writing of their contentions and submit the claim. If the dispute arises before performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Contractor shall proceed with such work in compliance with the instructions of the COUNTY; such compliance shall not be a waiver of the Contractor's rights to make a claim, provided they have notified the COUNTY in writing as above stipulated. 14.2. Default and Remedies. Default shall consist of any failure by the Contractor to perform under this contract or written amendments thereto or any breach of any covenant, agreement, provision or warranty provided by the Contractor as a part of this contract. Actions which constitute a default include, but are not limited to: A. Failure to submit to the COUNTY reports which are required pursuant to this contract or the submission of required reports that are incorrect or incomplete. B. Submission of requests for payment or reimbursement of amounts that are incorrect or incomplete. C. The failure of the Contractor to accept any additional conditions which may be provided by law, by executive order, by regulation or by other policy announced by the COUNTY, the state or any federal agency. D. Failure to perform any activity required by this contract. Upon occurrence of any default, the COUNTY shall advise the Contractor in writing of the action constituting the default, and specify the actions that must be taken to cure the default. The COUNTY may suspend payment under the contract. If a default is not cured within 30 days from receipt of written notice of such default by the Contractor, the COUNTY may continue the suspension or, by written notice of termination, may terminate the contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the COUNTY for damage sustained by the COUNTY by virtue of any default or breach of the contract; and the COUNTY may deduct the amount of damages from any outstanding payments to the Contractor or may withhold payments until such time as the exact amount of the damages is determined. 14.3. Termination. A. If federal funding for this project is terminated and no other funding is available for continuation of this project, the COUNTY will not be obligated to continue funding for the services contained in this contract and may terminate the contract. B. In the event of termination, all property and finished or unfinished documents, data, studies, surveys, drawings, maps, models; photographs and reports prepared by or purchased with CDBG/HOME funds by the Contractor under this contract shall, at the option of the COiJNTY, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. WFN INC . Attachment D Business Development Group 127 Church Street, Suite 225 Marietta, GA 30060 A Management Consulting Firm for HUD Grant Programs PH: (770) 420-5634 Fax: (770) 420-5635 wfninc@aol.com Schedule for Completion of 5-Year Consolidated Plan and Analysis of Impediment to Fair Housing Choice Orange County, NC Phase I: Research, Data Collection and Interviews February 8 -March 19, 2010 x Initial Meeting with Orange County personnel to discuss forthcoming Consolidated Plan and Analysis of Impediments to Fair Housing Choice Engagement (Proposed date include: Tuesday, February 9, 2010 at 1:OOpm) x Contact and Interview local agencies and non-profits regarding housing and homeless issues (February 22 - 26 -with physical presence February 23 - 24, 2010) x Compile and Analyze HMDA data for Orange County from 2005 - 2008 and all relevant Census and Housing data (Proposed Completion Date: March 1, 2010) x Draft of Demographics and Housing Marketing Analysis (March 1, 2010) x Conduct assessment survey to potentially identify any impediments (Starting February 12, 2010 with deadline for submittal of March 19, 2010) + Survey will be conducted to include all elected officials, government officials, banking professionals, real estate, mortgage companies, and non-profits in Orange County. Phase II: Public Comment and Completion of Drafts March 11, 2010-April 2, 2010 x Conduct Public Meeting for resident feedback on Needs Assessment and Impediments to Fair Housing Choice (Week of March 1 S, 2010) x Compilation and Analysis of Survey Results (March 26, 2010) x Completed Draft of ConPlan/AI (April 2, 2010) Phase III: Public Presentation of Draft/Finalization of AI & Consolidated Plan April 2010 x Conduct Final Public Meeting to present draft of the AI for review and comment (April 14, 2010 -proposed) x AI Revisions and Final Draft Created (April 22, 2010) x Delivery of 5 bound copies of Final Consolidated Plan and AI with electronic versions included (May 12, 2010)