CITY_OF_NEWARK_-_PROGRAM_YEAR_2025_2026_-_HOUSING_OPPORTUNITIES_FOR_PERSONS_WITH_HIV_AIDS_(HOPWA)_GRANT_-_REQUEST_FOR_PROPOSALS.pdf

REQUEST FOR PROPOSALS

2025-RFP-014

CITY OF NEWARK - PROGRAM YEAR 2025 2026 - HOUSING

OPPORTUNITIES FOR PERSONS WITH HIV/AIDS (HOPWA) GRANT

- REQUEST FOR PROPOSALS

City of Newark

47-63 Green Street, 1st Level

Newark, NJ 07102

RELEASE DATE: October 15, 2025

DEADLINE FOR QUESTIONS: October 29, 2025

RESPONSE DEADLINE: November 6, 2025, 10:30 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/newarknj https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Newark

CITY OF NEWARK - PROGRAM YEAR 2025 2026 - HOUSING

OPPORTUNITIES FOR PERSONS WITH HIV/AIDS (HOPWA) GRANT -

REQUEST FOR PROPOSALS

I. Legal Notice II. Introduction

III. Instruction to Proposers IV. RFP Standard Information V. Proposer Qualifications

VI. Project Details VII. Evaluation Criteria

VIII. Vendor Submissions

Attachments:

A - Federal Debarment Form

B - Letter_of_Qualification_and_Letter_of_Intent_ (1)

C - Vendor Submission Forms (2025)

D - W-9 (March2024)

E - 2025-2026 HOPWA RFP

Request for Proposals #2025-RFP-014 Title: CITY OF NEWARK - PROGRAM YEAR 2025 2026 - HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS

(HOPWA) GRANT - REQUEST FOR PROPOSALS

1. Legal Notice

2. Introduction

2.1. Summary

CITY OF NEWARK

DEPARTMENT OF HEALTH AND COMMUNITY WELLNESS

OFFICE OF HOMELESS SERVICES

HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS (HOPWA)

PROGRAM YEAR 2025-2026

TO IMPLEMENT ELIGIBLE ACTIVITIES PURSUANT TO THE REGULATIONS OF

THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT

PRINCIPALLY BENEFIT LOW AND MODERATE-INCOME NEWARK RESIDENTS OR CONTRIBUTE TO

THE PREVENTION AND ELIMINATION OF SLUMS AND BLIGHT.

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP ON OR BEFORE THE TIME AND

DATE SPECIFIED IN THE INSTRUCTIONS IS SOLELY AND COMPLETELY THAT OF THE PROPOSER.

THE CITY OF NEWARK, DEPARTMENT OF ADMINISTRATION WILL IN NO WAY BE RESPONSIBLE

FOR DELAYS OR LOSSES CAUSED BY THE U.S. POSTAL SERVICE OR ANY OTHER OCCURRENCE.

*This HOPWA RFP will also be used to solicit proposals for the reprogramming of any prior year funds.

The City of Newark, Department of Health and Community Wellness, Office of Homeless Services (OHS) is now accepting proposals from Newark organizations for inclusion in the City’s 2025-2026 HUD Entitlement

Programs. The City of Newark, NJ will ONLY receive RFP responses via the City's e-Procurement Portal for

2025-RFP-014, CITY OF NEWARK - PROGRAM YEAR 2025 2026 - HOUSING OPPORTUNITIES FOR PERSONS

WITH HIV/AIDS (HOPWA) GRANT - REQUEST FOR PROPOSALS. RFP responses will be received until 10:30 am on Thursday, November 6, 2025 and then publicly opened and read aloud. Any proposal received after

10:30 am shall not be accepted in the OpenGov system.

Only electronic proposals shall be accepted.

NOTE: It is important to note that this process should be completed well in advance of the bid deadline / bid opening. DO NOT WAIT UNTIL THE LAST MINUTE. The City's electronic procurement portal will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OpenGov bid submission page.

2.2. Background

HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS (HOPWA)

PROGRAM YEAR 2025-2026

TO IMPLEMENT ELIGIBLE ACTIVITIES PURSUANT TO THE REGULATIONS OF

THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT

PRINCIPALLY BENEFIT LOW AND MODERATE-INCOME NEWARK RESIDENTS OR CONTRIBUTE TO

THE PREVENTION AND ELIMINATION OF SLUMS AND BLIGHT.

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP ON OR BEFORE THE TIME AND

DATE SPECIFIED IN THE INSTRUCTIONS IS SOLELY AND COMPLETELY THAT OF THE PROPOSER.

THE CITY OF NEWARK, DEPARTMENT OF ADMINISTRATION WILL IN NO WAY BE RESPONSIBLE

FOR DELAYS OR LOSSES CAUSED BY THE U.S. POSTAL SERVICE OR ANY OTHER OCCURRENCE.

*This HOPWA RFP will also be used to solicit proposals for the reprogramming of any prior year funds

2.3. Contact Information

Project Contact:

Pamela McNeill

Senior Planner Housing Development and Integration of Services

110 William Street

Newark, NJ 07102

Email: mcneillp@ci.newark.nj.us

Phone: (973) 877-9476

Procurement Contact:

Pamela McNeill

Senior Planner Housing Development and Integration of Services

110 William Street

Newark, NJ 07102

Email: mcneillp@ci.newark.nj.us

Phone: (973) 877-9476

Department:

Administration

Department Head:

Eric Pennington

Business Administrator

2.4. Timeline

Release Project Date October 15, 2025 mailto:mcneillp@ci.newark.nj.us tel:(973)877-9476 mailto:mcneillp@ci.newark.nj.us tel:(973)877-9476

Question Submission Deadline October 29, 2025, 5:00pm

Submission Deadline November 6, 2025, 10:30am

3. Instruction to Proposers

3.1. Project Overview

The City seeks Proposals from qualified individuals or organizations with experience providing CITY OF

NEWARK - PROGRAM YEAR 2025 2026 - HOUSING OPPORTUNITIES FOR PERSONS WITH HIV/AIDS

(HOPWA) GRANT - REQUEST FOR PROPOSALS

3.2. Contract Term.

The contract term is one year - January 1, 2026 - December 31, 2026.

3.3. Single Point of Contact.

From the date this RFP is issued until a proposer is selected and the selection is announced by the

Purchasing Agent, proposers may not communicate with any City staff, commissioners or officials regarding this procurement, except at the direction of the Purchasing Agent in charge of the solicitation.

Any unauthorized contact may disqualify the proposer from further consideration. Contact information for the single point of contact can be found in the #Introduction.

3.4. Review RFP.

Proposers should carefully review all instructions, mandatory requirements, specifications, standard terms and conditions set out in this RFP and promptly notify the Purchasing Agent identified above in writing of any ambiguity, inconsistency , unduly restrictive specifications, or error which they discovered upon examination of this RFP. This should include any terms or requirements within the RFP that either preclude the proposer from responding to this RFP or add unnecessary cost.

This notification must be accompanied by an explanation and suggested modification and be received by the deadline for receipt of inquires set forth below. The City will make any final determination of changes to the RFP.

3.5. Form of Questions.

Proposers with questions or requiring clarification or interpretation of any section within this RFP must address these questions in writing, via the ProcureNow Question/Answer Tab via the City's e-

Procurement portal, on or before, Wednesday, October 29, 2025 by 5:00 pm. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.

3.6. City Response.

The City will provide written answers to proposers’ questions. Any other form of interpretation, correction, or change to this RFP will not be binding.

3.7. Pre-Proposal Conference

No pre-proposal conference is scheduled.

https://procurement.opengov.com/portal/newarknj/projects/205891/document?section=1926461

3.8. Acceptance of Standard Terms and Conditions/Contract.

By submitting a response to this RFP, proposer agrees to acceptance of the standard terms and conditions as set out in this RFP. Much of the language included in the standard terms and conditions reflects requirements of New Jersey law. Requests for additions or exceptions to the standard terms and conditions including any necessary licenses, or any added provisions must be submitted via the e-

Procurement Portal by the date for receipt of written questions and must be accompanied by an explanation of why the exception is being sought and what specific effect it will have on the proposer’s ability to respond to the RFP or perform the contract. Any material exceptions requested and granted to the standard terms and conditions language will be addressed in any formal written addendum issued for this RFP and will apply to all proposers submitting a response to this RFP. The City will make any final determination of changes to the standard terms and conditions.

3.9. Resulting Contract.

This RFP and any addenda, the proposer’s RFP response, including any amendments and any clarification question responses, shall be included in any resulting contract. The City’s contract contains the contract terms and conditions which will form the basis of any contract between the City and the selected proposer. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

3.10. Mandatory Requirements.

To be eligible for consideration, a proposer must meet the intent of all mandatory requirements. The

City will determine whether a proposer’s RFP response complies with the intent of the requirements.

RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive.

3.11. Understanding of Specifications and Requirements.

By submitting a response to this RFP, proposer agrees to an understanding of and compliance with the specifications and requirements described in this RFP.

3.12. Proposer’s Signature.

The proposals must be submitted by an individual authorized to legally bind the business submitting the proposal. The proposer’s submission of a proposal in response to this RFP guarantees that the offer bas been established without collision and without effort to preclude the City from obtaining the best possible supply or service. Proof of authority of the person signing the RFP response must be furnished upon request.

3.13. Offer in Effect for sixty (60) Days.

A proposal may not be modified, withdrawn or canceled by the proposer for a sixty (60) day period following the deadline for proposal submission as defined in the Schedule of Events and proposer agrees in submitting the proposal.

3.14. Pay-to-Play Disclosure.

Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.

19:44A-20.27, if they receive contracts in excess of $50,000.00 from public entities in a calendar year.

Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or www.elec.state.nj.us.

3.15. Submitting a Proposal.

A. Content of Proposal. Proposer should address all requests for information and qualifications set forth in this RFP.

B. Failure to Comply with Instructions. Proposers failing to comply with the instructions in this RFP may be subject to point deductions.

C. Copies Required and Deadline for Receipt of Proposals. Proposers must submit one (1) proposal to the City via the e-Procurement Portal prior to 10:30 am on Thursday, November 6, 2025.

D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the proposer’s sole risk to assure submission by the designated time. Late proposals will not be accepted in ProcureNow system.

3.16. Cost of Preparing a Proposal.

A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of their proposal or any other costs incurred by the proposer prior to execution of a contract.

B. All Timely Submitted Materials Become City Property. All materials submitted in response to this

RFP becomes the property of the City.

4. RFP Standard Information

4.1. Authority

This RFP is issued under the authority of the City of Newark. The RFP process is a procurement option allowing the award to be based on the attached Evaluation Criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.

4.2. Proposer Competition

The City encourages free and open competition among proposers. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies.

4.3. Public Information

All information received in response to this RFP, including copyrighted material, subject to public disclosure and may be made available for public viewing after the time for receipt of proposals has passed with the following four exceptions: (1) bona fide trade secrets meeting the requirements of the

Uniform Trade Secrets Act, Title 30, chapter 14, part 4, MCA, that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City; (3) any company financial information requested by the City to determine vendor responsibility, unless prior written consent has been given by the proposer and (4) other constitutional protections, or as otherwise not subject to disclosure according to OPRA guidelines.

4.4. Purchasing Agent Review of Proposals

Upon opening the proposals received in response to this RFP, the Purchasing Agent in charge of the solicitation will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met:

• Confidential information is clearly marked and separated from the rest of the proposal.

• The proposal does not contain confidential material in the cost or price section.

• An affidavit from a proposer’s legal counsel attesting to and explaining the validity of any trade secret claim asserted by the proposer.

Information separated out under this process will be available for review only by the Purchasing Agent, the evaluation committee members, and limited other designees. Proposers must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of an open public records request from another party.

4.5. Initial Classification of Proposals as Responsive or Non-Responsive

All proposals will initially be classified as either “responsive” or “non-responsive.” Proposals may be found non-responsive any time during the evaluation process if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by attached

Evaluation Criteria; or the proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to be non-responsive, it may be subject to point deductions.

4.6. Determination of Responsibility

The City will determine whether a proposer has met the standards of responsibility. Such a determination may be made at any time during the evaluation process if information surfaces that would result in a determination of non-responsibility. If a proposer is found non-responsive, the determination must be in writing, made a part of the procurement file and mailed to the affected proposer.

4.7. Evaluation of Proposals

The City will evaluate the proposals and recommend whether to award the contract to the firm determined to best meet the needs of the City or, if necessary, to seek discussion in order to determine the firm to be selected. All responsive proposals will be evaluated based on stated evaluation criteria.

The City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing quality and contractual factors. These will be used to determine the most advantageous offering to the City.

4.8. Completeness of Proposals

Selection and award will be based on the proposer’s proposal and other items outlined in this RFP.

Submitted responses may not include references to information located elsewhere, such as internet websites or libraries, unless specifically requested. Information or materials presented by proposers outside the formal response or subsequent discussion may not be considered.

4.9. Opportunity for Discussion and/or Oral Presentation/Product Demonstration

After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more proposers should clarification be necessary. Proposers may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, proposers should be prepared to send qualified personnel to the City of Newark to discuss technical and contractual aspects of the proposal. Oral presentations/demonstrations, if requested, shall be at the proposer’s expense.

4.10. Contract Award

Contract awards, if any, will be made to the proposer who the City determines who best can provide the services required and provides all required documents. Formal contracts incorporating this RFP, including attachments hereto, and the selected proposals, will be executed by all parties

4.11. Termination of Contract

The City reserves the right to terminate any contract entered into as a result of this RFP provided written notice has been given to the proposer at least thirty (30) days prior to such proposed termination date.

4.12. Excise and Sales Tax

The prices herein shall not include any Federal or Excise Taxes of Sales Tax imposed by any state or municipal government. All taxes must be deducted from prices quoted and must be shown separately under items where applicable. The City will not furnish Federal Tax Exemption certificates unless the tax is shown separately. The City's purchase order (Vendor's Copy) will serve as the State Tax Exemptions

Form.

4.13. Tariffs Surcharges

1. All applicable tariffs’ fees must be clearly itemized and supported by official documentation from the corresponding regulatory authority, for example the United States International Trade Commission, The Department of Commerce and the like.

2. The City shall not pay surcharges beyond tariffs’ fees established by regulatory agencies or guidelines.

3. Vendors must comply with all applicable tariffs regulations and provide proof of adherence upon request.

4.14. Statutes and Ordinance

No officer, or employee, elected or appointed in any municipality shall be interested directly, or indirectly, in any contract or job for work or materials, or the profits thereof, or services to be furnished or performed for such municipality (R.S. 40:69A 163 Chap.210--P.L. 1950).

Pursuant to P.L. 1971, c. 198 (40A:11-18) the proposer must agree to comply with the provision of

American goods and products to be used where possible.

On all contracts for public works, the respondent must comply with the provisions of R.S. 34:11-56, et.

seq., which law provides that laborers, workers and mechanics while engaged on work under the contract shall work not more than eight hours in any one day, except as otherwise provided for in said statute, and that the prevailing rate of daily wages in the locality where the work is performed shall be paid to the mechanics, workmen and laborers engaged in the work under the contract. It is understood and agreed by the Contractor that, in addition to the abovementioned provision, the said Contractor will obey and comply with the Laws of the State of New Jersey, and in the event said Contractor shall violate the provisions of New Jersey State Statutes Annotated, R.S. 34:11-56, and Chapter 213, Public Laws of the State of New Jersey 1962, or any other statutes of the State of New Jersey, then this contract shall be voided at the option of the City of Newark. The Contractor shall pay to all mechanics, workmen and laborers employed in the work contained under this contract the prevailing rate of wages pursuant to the provisions of New Jersey Statutes Annotated; R.S. 34:11-56 and shall further comply with all of the provisions of New Jersey Statutes Annotated; R.S. 34:11-56. The Contractor further agrees that he shall comply with Chapter 213, Public Laws of the State of New Jersey 1962. The provisions of same shall be considered part of these specifications. It is further understood and agreed that all labor employed by the Contractor on this project shall be such as will work with other trades employed on the project so that there will be no dissension between trades. All labor employed on this project shall conform to local labor Union practices.

Pursuant to Revised Statutes 10:2-1 et seq., Respondent agrees that:

• In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates.

• No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex.

• There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $ 50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract.

• This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

• This contract may be canceled or terminated by the City of Newark, and all money due or becomes due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.

All contracts and purchases of materials and supplies are subject to the provisions of Section 2:4-14 of the City Administration Code, Revised Ordinances of the City of Newark, New Jersey, which follows:

(a) All contracts hereafter made by or on behalf of the City of Newark or any of its departments or subdivisions with any corporation, person or persons for the performance of any kind of work or the sale, furnishing or delivery of any material or supplies of any nature shall contain a provision that the laborers, workers and mechanics engaged in said work or in the manufacture, sale or delivery of said material or supplies shall not work more than eight hours in any one day while so engaged; and that the said laborers, workers and mechanics shall be paid the prevailing rate of wages for the type of work to be done in the territory in which it is to be performed; and shall contain a further provision that the violation of the foregoing provision shall constitute a breach of the Contract, and that the said foregoing provision shall be considered to be a contractor for the benefit of said workers, laborers and mechanics upon which said laborers, workers and mechanics shall have the right to maintain action for the difference between the prevailing rate of wages and the wages actually received by them; and all such contracts shall contain the further provision that in case any dispute arises as to the amount of the prevailing rate of wage, said dispute shall be referred to the Commissioner of Labor of the State or to such person as will be designated by said Commissioner of Labor as an arbitrator to settle said dispute, the parties to be bound by decision of such arbitrator.

(b) All advertisements for Request for Proposals and all specifications in pursuance of any law requiring the advertisement for Request for Proposals shall include specific reference to this section.

4.15. City’s Rights Reserved

While the City has every intention to award contracts as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City to award and execute any contract. Upon a determination that such action would be in its best interest, the City, in its sole discretion, reserves the right to cancel or terminate this RFP; reject any or all proposals received in response to this RFP; waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal; not award if it is in the best interest of the City not to proceed with contract execution; or if awarded, terminate any contract if the City determines adequate funds are not available.

4.16. Non-Discrimination in Employment

The proposer shall agree to comply with all Federal and State legislation and regulations governing Fair

Employment Practice, including but not limited to Title VI of the Civil Rights Acts of 1964, Executive

Order 11246 September 1965 and the rules, regulations and relevant orders of the Secretary of Labor.

No employee of the City of Newark or a member of the immediate family of an employee of the City of

Newark may submit a proposal for this contract, nor should an employee of the City of Newark be an employee of the contractor submitting a proposal on this contract.

4.17. Indemnification and Insurance

The proposer shall indemnify, defend and hold harmless all City members and agents of the City against claims, demands, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) without limitation, and claims of personal or bodily injury or death. The proposer shall maintain for the duration of the contract, at its own expense, insurance as required in the Scope of Work.

4.18. Primary Insurance

The bidder’s insurance coverage shall be primary insurance with respect to the City of Newark, its officers, officials, employees, volunteers and program participants and shall apply separately to each project or location. Any insurance or self-insurance maintained by the city of Newark, its officers, officials, employees, volunteers and program participants shall be excess of the bidder/vendor’s insurance.

4.19. Additional Insured Status

The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing (A) and (B) below:

A. The following language on the face of the insurance certificate: The City of Newark is included as additional insured.

B. Provide the City with a copy of the Additional Insured Broad Endorsement Form.

4.20. Worker’s Compensation Insurance

Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and

N.J.A.C. 12:235-1.6.

4.21. General Liability Insurance

If the organization is selected as a sub-recipient, the[CEC1] organization becomes a sub-recipient and must provide a certificate of insurance from an insurer with a Best’s rating of no less than A- indicating compliance with the required coverage to the City of Newark. The SUB-RECIPIENT must notify the CITY immediately, of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. As part of the certificate of insurance submission a broad endorsement form/additional insured endorsement form that lists the City of Newark as additional insured must also be included (see Appendix 3 for an example of the form). The CITY reserves the right to require complete copies of insurance policies at all times.

A. General Requirements: The SUB-RECIPIENT shall maintain for the duration of the contracts, at its cost and expense, insurance against claims for injuries to persons or damages to property, including contractual liability, which may arise from or in connection with the performance of the work by the SUB-RECIPIENT , its agents, employees, representatives, assigns or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission and shall be in the amounts of $1,000,000 per occurrence and $2,000,000 aggregate.

B. Primary Insurance: The SUB-RECIPIENT ’S insurance coverage shall be primary insurance as respect to the CITY, its officers, officials, employees, agents, and representatives shall apply separately to each project or location. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the SUB-RECIPIENT ’S insurance and shall not contribute with it.

C. Workers Compensation Insurance: The SUB-RECIPIENT shall maintain for the duration of the contract, at its cost and expense, Workers Compensation Insurance in the statutory amounts pursuant to N.J.S.A. 34 et seq.

D. Additional Insured Status: The CITY must be listed as additional insured for liability arising out of activities performed by or on behalf of the SUB-RECIPIENT . As part of the certificate of insurance submission a broad endorsement form/additional insured endorsement form that lists the City of Newark as additional ensured must also be included (see Appendix 3 for an example of the form).

E. Special Conditions: The insurer must indicate on the Certificate of Insurance that it agrees to defend, indemnify, and hold harmless the City of Newark, NJ its agents, servants, and administrators from any and all complaints arising out of work or duties to be performed under this contract between the City of Newark and the SUB-RECIPIENT.

F. Amounts: All insurance shall be written up for the following limits of liability:

Bodily Injury Liability Insurance: $1,000,000.00 each person

$1,000,000.00 each occurrence

Property Damage Liability Insurance: $1,000,000.00 each person

Professional Liability: $1,000,000.00

4.22. Other Provisions

1. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and

Accountability act of 1996 (“HIPPA”) as may be amended from time to time, and the corresponding

HIPPA regulations for the confidentiality and security of medical information. If awarded the bid, the contract shall:

• Not share or disclose protected health information other than as permitted or required by law

• Use appropriate safeguards to protect the confidentiality of the information

• Report any use or disclosure not permitted

Proposer, by execution of the contract, shall thereby indemnify and hold the City of Newark harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of HIPPA or any other statute or case law protecting the privacy of persons using its services.

2. The City of Newark shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the City to the successful proposer (contractor) for the purpose of assisting the contractor in the performance of the contract. None of the documents and/or property shall, without the written consent of the City, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

3. Award of any contract pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.

4. Proposers shall comply with the applicable regulations of the Secretary of Labor, United States

Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat.

948:62 State. 862; title 18 U.S.C., Sec 874; and Title 40 U.S.C. Section 276c) and any amendments or modifications thereto.

5. Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the City of Newark.

4.23. Payment Terms

Although total contract costs will not be the determining factor, budget or allocations of funds will be considered.

• For the Services set forth in the Scope of Work, the Proposer shall submit a Rate Schedule for services related to the Proposal (cost details), including the hourly rate of each of the individuals who will be performing the services.

• The Proposer shall be paid hourly rates for typical classification of personnel for the program.

The Proposer shall provide with its statement of qualifications a list of all persons anticipated to provide work on the contract and their job classifications.

• The Proposer shall submit a detailed invoice, including hours of work performed, rates and disbursements, including incidental costs. Proposer shall execute the standard City purchase order as a requirement for payment.

5. Proposer Qualifications

5.1. References

Proposers shall provide a minimum of three (3) references that are using services of the type proposed in this RFP. The references may include the state, county government or municipalities where the proposer, preferably within the last three (3) years, has successfully completed three (3) contracts of this type. At a minimum, the proposer shall provide the entities name, the location where the services were provided, contact person(s), contact’s position, customer’s telephone number, a complete description of the service type, dates the services were provided, and cost of services. These references may be contacted to verify proposer’s ability to perform the contract. The City reserves the right to use any information or additional references deemed necessary to establish the ability of the proposer to perform the conditions of the contract.

5.2. Resumes/Company Profile and Experience

Proposer shall specify how long the individual/company submitting the proposal has been in the business of providing services similar to those requested in this RFP and under what company name. A resume or summary of qualifications, work experience, education, skills, etc., which emphasizes previous experience in this area should be provided for all key personnel who will be involved with any aspects of the contract.

5.3. Detail and Supporting Documentation

Contractor will provide sufficient detail, information, supporting documentation or examples of the following:

• Name of Individual assigned primary responsibility for the project.

• Names, addresses, and telephone numbers of anticipated sub-contractors.

• Organization’s experience with governmental agencies: Federal, State, County, and Local.

• Detail experience in administering similar projects. Explain the extent of your experience, how each element is addressed and whether the service is done in-house or contracted out.

• Describe how your firm ensures good communication with clients (client report mechanisms, etc.)

• Has contractor worked with New Jersey counties or municipalities on previous projects? Is contractor familiar with the terrain of the City of Newark?

5.4. General Abilities/Method of Providing Services

Proposer should provide a description of the work plan and the methods to be used that will convincingly demonstrate to the City what the proposer intends to do, the ability to accomplish the work, and how the work will be accomplished.

• The proposal submitted in response to the RFP may be used as an example of a professional document produced by the contractor.

• The contractor should have experience in all aspects of administering similar projects.

Contractor and staff must be familiar with Federal and State statutes, regulations, and procedures.

• The contractor must have the ability to work with the government agencies at various levels, Federal, State, and Local. History of good working relationships with counties and municipalities, specifically in New Jersey is helpful.

6. Project Details

6.1. Important Instructions for Electronic Submittal

The City of Newark is accepting electronic bid submissions. Bidders shall create a FREE account with

ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

6.2. Scope of Work or Project Details

Processing of Proposals

The City of Newark, Department of Health and Community Wellness, Office of Homeless Services is the intake office for all proposal submissions. OHS determines whether a proposal is eligible for

Housing Opportunities for Persons with HIV/AIDS (HOPWA) funding and meets national program objectives under federal regulations. OHS convenes a review committee to evaluate eligible proposals for federal and local program priorities, quality, and cost effectiveness.

The highest rated proposals will be considered and funded under the 2025 HUD entitlement awards. The 2025 Annual Action Plan is currently available for review. This RFP solicits proposals from organizations to deliver projects, services, or activities that are consistent with the HOPWA priorities and objectives identified in the City of Newark’s 2025 Annual Action Plan.

Program Overview

The Housing Opportunities for Persons with HIV/AIDS program is authorized by the AIDS Housing

Opportunity Act (42 USC 12901) as amended by the 1992 Housing and Community Development

Act. This program is designed “to provide resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of low-income persons with Acquired

Immunodeficiency Syndrome (AIDS) or related diseases and their families.”

The City of Newark (hereinafter referred to as the Grantee), has been officially notified by the U.S.

Department of Housing and Urban Development (HUD) of a formula grant allocation under the

Housing Opportunities for Persons with AIDS (HOPWA) program for program year 2025-2026. As the most populated city in the NEMSA, the City of Newark is responsible for making application for the use of funds and coordinating activities with other NEMSA jurisdictions and HIV/AIDS organizations. The purpose of this RFP is to solicit proposals for consideration in the planned use of these funds that will address the urgent housing needs of low-income persons and their families with HIV/AIDS who are homeless or at high risk of becoming homeless.

https://secure.procurenow.com/signup

Grant awards are made by (1) formula allocations to states and metropolitan areas with the largest number of HIV cases and incidence of AIDS and (2) competitive selection of projects proposed by state and local governments and nonprofit organizations. Grantees are encouraged to develop community-wide comprehensive strategies and to form partnerships with area nonprofit organizations to provide housing assistance and related services for eligible persons.

The City of Newark will enter into a contract as the grantee with the prospective sub-recipient to carry out housing assistance services that are designed to: prevent homelessness by providing long-term rental assistance. The period of performance for contracts awarded through this solicitation is January 1, 2026 through December 31, 2026.

24 CFR 574.120 It is the City of Newark’s responsibility to ensure that the HOPWA program serves the entire NEMSA. To the extent practicable, the City will seek to ensure that the HOPWA resources are fairly allocated across the NEMSA based on actual incidence of eligible persons living with

HIV/AIDS.

Grantee Options

As grantee, the City of Newark at its sole and absolute discretion may reject any and all proposals in part or entirety, re-advertise this RFP, postpone or cancel at any time this RFP process, or waive any irregularities in this RFP or in the proposals received as a result of this RFP. The submission of an application will be considered by the City of Newark as constituting a firm offer by the proposer to perform the required services at the stated fees. No modifications to a proposal will be permitted after the proposal has been submitted to the City of Newark. All expenses associated with the preparation and submission of proposals shall be borne by the proposer.

Level of Effort & Funding

All services requested in the RFP are on an “as needed” basis, and the dollar values referred to in no way constitute a guarantee of the level in this effort that may be requested of the selected proposer or guarantee a certain dollar amount to the proposer. Those selected to be sub-recipients must invoice the City of Newark for each individual service for which a contract is awarded, on a monthly basis, on or before the 15th day of each month following the month in which services are delivered. Reimbursement shall be on the basis of unit cost, fee for service or line item budget for all services and shall include monthly reports of service utilization data. If a sub-recipient is not spending at a rate, based on average monthly reimbursements, that indicates it will expend its full allocation within the contract period, the City of Newark reserves the right to reduce the dollar amount awarded to the sub-recipient for any category of service accordingly.

NOTE: The City of Newark reserves the right to increase or decrease funding based on a Sub-recipient’s rate of spending or lack thereof as delineated in their contract.

Special Notice for FY 2025 Funding

To continue to increase efficiency during the 2025 HOPWA Program Year, the City of Newark anticipates consolidating activities such as Long-Term Tenant Based Rental Assistance into a smaller number of sub-recipients and will only fund agencies providing direct services in-house.

Project based rental assistance under long term rental assistance as well as transitional housing under short term rental assistance, have also been eliminated.

Eligible Applicants

The only organizations that are eligible to apply as HOPWA sub-recipients (Project Sponsors) [24

CFR 574.3] are nonprofit organizations and governmental housing agencies. For the purposes of the HOPWA program, a nonprofit organization is defined as:

Any nonprofit organization (including a State or locally chartered, nonprofit organization) that:

A. Is organized under state or local laws;

B. Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual;

C. Has a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and

D. Has among its purposes significant activities related to providing services or housing to persons with Acquired Immunodeficiency Syndrome or related diseases.

Applications from any entity other than a nonprofit organization or governmental housing agency will not be considered for funding.

Eligible Persons

Persons who live within the NEMSA are eligible for HOPWA services. They include:

A. Persons who have Acquired Immunodeficiency Syndrome (AIDS) or related diseases, including infection with the Human Immunodeficiency Syndrome (HIV) virus, and who are homeless or at high risk of becoming homeless

1. To be certain that these resources are targeted toward the homeless or those at risk of homelessness, persons served through the Newark HOPWA program must meet the definition of ‘at risk of homelessness’ or ‘homeless’ found at 24 CFR 576.2 under the Emergency Solutions Grants program;

B. A person with HIV/AIDS or related diseases and their family members are eligible to receive housing assistance if they reside within the same household;

C. Eligible persons shall be provided with housing assistance only in localities within the

NEMSA that have a HUD-approved Comprehensive Housing Strategy (CHAS) and the sub-recipient has provided a certification of consistency with the same; and

D. Any person living in proximity to a community residence is eligible to participate in that residence's community outreach and educational activities regarding AIDS or related diseases, as provided in § 574.300(b)(9)

Eligible Services

SUPPORT SERVICES HAVE BEEN ELIMINATED FROM THE LIST OF ELIGIBLE SERVICES. Among the services that are NOT eligible for funding through this grant are: housing placement services, security deposits, moving/storage assistance, utility deposits, food/nutrition, and travel. Requests for these and related services will not be considered.

A. Tenant based (long-term) rental assistance Maximum monthly assistance for an eligible person may not exceed the difference between HUD approved subsidy standards and the eligible person’s required rent payment. The rents shall be established by the sub-recipient and shall not be more than the lesser of the published Section 8 fair market rent rates (FMR) for jurisdictions within the NEMSA or the reasonable rent. Funds will be paid directly to the property owner, not the client. (*Reimbursements shall be paid on line-by-line item.)

B. Operating cost for facility-based housing for agencies providing housing and transitional housing including maintenance, security, insurance, utilities, furnishings, equipment, supplies, and other incidental costs.

C. Administrative Expenses are allowed up to 7% of the amounts received (total program allocation) by the sub-recipient for its own administrative cost relating to carrying out the eligible activities under its HOPWA grant. Please note that 7% is the total administrative costs allowable for sub-recipients. If a proposer anticipates using other organizations as sub-grantees, the total administrative costs cannot exceed 7% of the total funding to the sub-recipient.

Additional considerations for applicants applying for long term tenant based rental assistance:

A. Eligible applicants seeking to provide long term tenant based rental assistance are responsible for providing housing assistance to the number of program beneficiaries indicated in their grant agreement with the City of Newark. This responsibility to provide assistance will remain in effect irrespective of delays in receiving funding. Eligible HOPWA program participants cannot be denied housing assistance due to cash flow or other program financing issues. HOPWA sub-recipients providing rental assistance will enter into rental assistance agreements with property owners that will require the sponsors to be responsible for their share of the rent for the duration of the assisted household’s occupancy.

B. All applicants seeking to provide rental assistance must:

1. Enter into a rental assistance agreement with the owner of the real property being leased.

a. The agreement must provide that the owner must give the rental assistance provider a copy of any notice to vacate the housing unit or any complaint used to commence an eviction action against the program participant.

The rental assistance provider is solely responsible for making timely payments to property owners. Pursuant to the rental assistance agreement, property owners who participate in the HOPWA rental assistance program are NOT permitted to charge any late fees or penalties.

No HOPWA funds may be used to cover any payments other than for rent and utilities.

Property owners must maintain assisted housing in conformity with housing quality standards found at: 24 CFR 574.310(b)

b. The rental assistance agreement must terminate and no further payments made under the agreement if:

i. The program participant moves out of the unit.

ii. The lease terminates and is not renewed.

iii. The program participant becomes ineligible to participate in HOPWA.

c. The agreement must specify the amount of payment to be made by the assisted tenant and the amount paid by the rental assistance provider. Upon recertification of the program participant, the sub-recipient will promptly notify the property owner of any changes in the amount of rental assistance provided.

4. Sub-recipients must enter into rental assistance agreements with program participants. The agreements must:

d. Indicate the amount of subsidy to be provided and the participant’s required rental payment.

e. Require the participant to promptly notify the sub-recipient of any changes in income.

f. Prohibit the addition of any persons to the households (except for birth, adoption, or court ordered custody) without the advance approval of the sub-recipient.

g. Require that the assisted unit be the sole residence of the participant and prohibit any sub-leasing.

h. Require that participant maintains the dwelling unit in a safe and sanitary manner and fulfills all other requirements of the lease.

i. Requires that participant will promptly notify the sub-recipient if landlord commences eviction or other adverse action.

j. Indicate that sub-recipient may only terminate assistance to program participants in accordance with 24 CFR 574.310(e)(2). Written notice of termination and an appeal process consistent with HOPWA regulations must be provided.

E. Severe funding constraints and programmatic considerations require that long term rental assistance be allocated to fewer sub-recipients. Sub-recipients will be expected to collaborate on assessment and intake into long term assistance to ensure that the most vulnerable homeless and at imminent risk of homeless persons living with HIV/AIDS are targeted.

Participation in Homeless Management…