RFP-CD01-25 Community Development Consulting Services .pdf

ORANGE COUNTY, NEW YORK

Department of General Services PO Box 218, 255-275 Main Street Goshen, New York 10924

RFP TITLE: Community Development Consulting Services RFP-CD01-25

RFP Shell 7/2024

Community Development Consulting Services

PO Box 218, 255-275 Main Street Goshen, New York 10924

TABLE OF CONTENTS

NOTICE TO OFFERORS

INSTRUCTIONS TO OFFERORS

INSURANCE REQUIREMENTS

BONDING REQUIREMENTS

PURCHASES BY OTHER LOCAL GOVERNMENT AND DISTRICTS

SCOPE

SPECIFICATIONS

TERM

PRICING

PAYMENT

SUBMISSION OF PROPOSALS

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

BASIS OF AWARD

ANTICIPATED RFP TIMELINE

PROPOSAL FORM………………………………………………………………………………………………………………………………………..21-22

QUESTIONS

NON-COLLUSION CERTIFICATION

IRAN DIVESTMENT ACT CERTIFICATION

DISCLOSURE OF NON-RESPONSIBILITY DETERMINATIONS

INFORMATION SHEET

NON-OFFEROR'S RESPONSE

APPENDIX

AGREEMENT FOR CONSULTANT SERVICES

SUPPLIER FORMS

PAY-TO-PLAY FORMS

ACH FORM

PO Box 218, 255-275 Main Street Goshen, New York 10924

NOTICE TO OFFERORS

Proposals for the County of Orange RFP-CD01-25 Community Development Consulting Services will be received by the undersigned Commissioner of the Department of General Services, in her office at 255-275 Main Street, Goshen NY 10924, up to and including Thursday, October 16, 2025, at 4:00 P.M., prevailing time.

Copies of the Request for Proposals may be obtained beginning Wednesday, September 24, 2025 at the above address between the hours of 9:00 A.M. and 4:45 P.M., Monday through Friday (with the exception of County-observed holidays), as well as through https://www.bidnetdirect.com/new-york/county-of-orange.

September 24, 2025 Renee Arnold-O’Regan, Commissioner https://www.bidnetdirect.com/new-york/county-of-orange

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSTRUCTIONS TO OFFERORS

Unless a Request for Proposal (RFP) is solicited directly by another County department, the only official distribution source for this RFP is through the Department of General Services. Additionally, most RFP documents issued by the Department of General Services are distributed through BidNet which can be accessed through https://www.bidnetdirect.com/new-york/county-of-orange. If you have obtained this RFP from a different source, you are encouraged to contact the Department of General Services to receive an official copy. You may not receive addenda or important information regarding this RFP if you are not registered with the Department of General Services as having obtained a copy of this RFP through the Department or through BidNet.

By submitting a Proposal, you are asking the County to accept your offer for the sale of goods and/or services. It is important that you READ and UNDERSTAND all terms and conditions in this RFP, as well as understand the laws that govern Public Contracts in New York State. If you do not agree with the terms and conditions contained in this RFP, you should not submit a Proposal.

Your Proposal will be considered by the County if the following conditions are met:

1. Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between the County and an Offeror during the procurement process. An Offeror is restricted from contacting other than designated staff from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the County Executive ("Restricted Period") unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). County employees are required to obtain certain information when contacted during the Restricted Period. The designated staff contact is the Commissioner of General Services or her representative, telephone (845) 291-2792. Offerors responding to this RFP must familiarize themselves with these State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the Proposal Form.

2. Applicable Not Applicable A pre-proposal conference and site visit will be held at [location] on [date] at [time], prevailing time. Attendance is strongly recommended. The County shall not be liable for, nor shall it review proposed change orders, contract amendments, etc. for inadequate pricing, labor, materials, time or similar issues in Vendor/Consultant's contract with the County resulting from Vendor/Consultant's failure to attend and obtain information provided at the pre-proposal conference, site visit and/or any addenda issued afterward.

3. Offerors are responsible for reporting in writing any errors, omissions or ambiguities found in this RFP. All such reports, requests for information, questions, etc. shall be either faxed to the Department of General Services on the Questions Form found in this RFP at (845) 378-2365 or emailed to GeneralServices@orangecountygov.com with questions typed in the body of the email, and the subject line “RFP Questions”. No questions will be entertained by any other means. All questions must be submitted by Wednesday, October 1, 2025, at 3:00 P.M., prevailing time. Questions received after this time may not be addressed. Please be patient, questions will be answered in an Addendum/Addenda to be shared with all interested Offerors. Questions will not be responded to individually.

4. Unless otherwise specified herein, all Proposals shall be made upon forms furnished in this RFP, if any, and as may be modified by addenda, contained in sealed envelopes clearly marked on the outside packaging with RFP-CD01-25 Community Development Consulting Services addressed to Renee Arnold-O’Regan, Commissioner, https://www.bidnetdirect.com/new-york/county-of-orange mailto:GeneralServices@orangecountygov.com

PO Box 218, 255-275 Main Street Goshen, New York 10924

Department of General Services, PO Box 218, 255-275 Main Street, Goshen, NY 10924 and received up to and including Thursday, October 16, 2025, at 4:00 P.M., prevailing time. If NOT sending your Proposal via U.S. Mail, (i.e., using FedEx, UPS, hand delivery, etc.) please use the following address: Orange County Department of General Services, 255-275 Main Street, Goshen NY 10924. It is the Offeror’s responsibility to clearly mark the outside of their mailing package with the RFP title and number. Faxed / E-mailed Proposals are not permitted. NO LATE

BIDS WILL BE ACCEPTED - NO EXCEPTIONS!

5. ONE (1) UNBOUND, SINGLE-SIDED SET OF WHICH MUST CONTAIN ORIGINAL SIGNATURES including completed copies of any forms or certifications required in this RFP and two (2) UNBOUND, SINGLE-SIDED sets of all Proposals shall be submitted. Forms, if any, included in this RFP shall be completely filled in, in ink or by typing, on the original, unbound form. Failure to respond to this RFP on any official form(s) included in this RFP, may result in disqualification of a Proposal as non-responsive. No Proposal Form will be accepted which contains any modification to the template, additional information not specifically requested, omissions or erasures. Each Proposal Form shall be signed by a duly authorized individual on behalf of the Offeror. Illegible and unsigned Proposals will be rejected as non-responsive.

6. Permission will not be given to modify or explain any Proposal after it has been opened, unless clearly specified in this document (e.g. interviews). Permission to withdraw a Proposal prior to opening will be at the discretion of the County and no replacement Proposal may be submitted without authorization from the Commissioner of General Services. Opened Proposals which required a deposit for plans and specifications may not be withdrawn until forty-five (45) days after opening.

7. Basis of Award provisions vary with each RFP, please read that section carefully. Some RFPs may be awarded to more than one entity. The County reserves the right to waive any informality, reject any and all Proposals, or, if noted in the Basis of Award section of this RFP, accept any Proposal in whole or in part, if deemed to be in the best interest of the County.

8. Any award shall be subject to the execution of a contract (and, if applicable, license or other agreements) between the Offeror and the County in the form attached to this RFP. The County's contract obligation is contingent upon execution of the contract between the County and selected Vendor/Consultant, provision of required Pay-to- Play forms, insurance certificates and bonds, as applicable, by the Vendor/Consultant, and the availability of appropriated funds for the contract. No legal liability on the part of the County for payment of any money shall arise unless and until a contract is executed by both parties, funds are appropriated and made available in each year of the term of the contract, and all performance requirements for each payment are met. The County shall have no responsibility or liability for any of Offeror's costs related to preparation of Proposals, attendance at interviews, etc.; all such costs are solely at Offeror's risk and expense.

9. Offeror(s) awarded a contract agree to execute the contract in the same form as the template enclosed in this RFP in the timeframe, if any, indicated in this RFP. Any supplemental agreement(s) (e.g. licensing or maintenance agreements) requested by an Offeror must be included in the Proposal and are subject to the discretionary approval of the County Attorney and the County Executive. For any software required in the scope of services, include any proposed license or maintenance agreement(s) with your Proposal. Failure to reach agreement on contract terms and conditions may result in rejection of a Proposal, rescission of an award and/or retention of Proposal Security by the County.

PO Box 218, 255-275 Main Street Goshen, New York 10924

10. The County maintains a unilateral right to cancel or extend the contract in accordance with the terms of any contract resulting from this RFP. If a Vendor/Consultant fails to perform or otherwise breaches the contract, in addition to any other rights and remedies the County may have, the Vendor/Consultant may be listed as non-responsible and may be ineligible for future contract awards.

11. If Bid (Proposal) Security is required by this RFP; it must be included in the Proposal. If Performance and/or Payment Bonds are required by this RFP, Proposals must include a letter from the Offeror's bank or surety stating that the required letter of credit or bond(s) will be provided in the event of a contract. The letter of credit or bond(s) shall be provided for each year or relevant portion of the contract, as may be applicable.

12. Offerors should be properly registered to do business in the State of New York and furnish applicable certificates of authority/incorporation/partnership/dba, etc. with their Proposal.

13. The County encourages submission of Proposals by certified Minority- and/or Women-Owned Business Enterprises (MWBE) and/or Disadvantaged Business Enterprises (DBE).

14. A Non-Collusion Certification, Disclosure of Non-Responsibility Determination and Iran Divestment Act Certification are included in this RFP. Offerors must complete and submit a signed original of each and the applicable number of copies of each with each Proposal.

15. Supplier Forms are provided with this RFP. Offerors that have not received a purchase order in the last twelve

(12) months from the County must submit completed and signed Supplier Forms prior to execution of a contract by the County.

16. Please be advised that this solicitation is subject to Orange County Local Law No. 13 of 2013, as amended, known as the "Pay-to-Play Law". Pay-to-Play Forms will be made available with this RFP. All Pay-to-Play Forms should be submitted with your Proposal and will be required if you are awarded a contract. The Pay-to-Play Forms are required from the Vendor/Consultant (unless exempted by the law) prior to execution of a contract by the County.

17. Pursuant to New York’s Freedom of Information Law (“FOIL”) (Public Officers Law, Article 6, Sections 84-90) all government records are presumptively open for public inspection unless specifically exempted from disclosure under FOIL. Offerors who have a good faith belief that information contained in their Proposal is exempt from disclosure under FOIL must, at the time of their submission, request the exemption in writing, setting forth the basis for the claimed exemption. In addition, the Offeror must mark each page of its submission claimed to be exempt from disclosure under FOIL with the following legend: “THE OFFEROR BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW.” Neither the Offeror’s classification of materials as exempt under FOIL, nor the County’s acceptance of Offeror’s Proposal with the claimed exemption(s), should be considered a final determination as to whether the designated materials are exempt from disclosure under FOIL. Any and all determinations as to the propriety of claimed exemptions will be made by the County and/or a court of law in accordance with applicable law.

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSURANCE REQUIREMENTS

During the term of the contract, or longer if required, Vendor/Consultant shall maintain, at its expense, Worker's Compensation, Disability and liability insurance policies of the types and minimum coverages specified in the enclosed contract template (e.g., Agreement for Vendor Services), as applicable. Certificates of insurance evidencing Vendor’s/Consultant's compliance with these requirements shall be required prior to execution of the contract by the County. Award is conditional upon submission of insurance documents within the time specified in the Notice of Award. Failure to do so may result in disqualification of the Offeror as non-responsive and/or the County's retention of any Proposal Security.

BONDING REQUIREMENTS

No bond is required for this contract.

PURCHASES BY OTHER LOCAL GOVERNMENTS AND DISTRICTS

New York State General Municipal Law §103(3), §103(16), County Law §408-a, and County Procurement Policy allow New York State political subdivisions and districts to make purchases through County contracts open to such procurements by the County. THE AWARD OF ANY CONTRACT UNDER THIS RFP SHALL BE OPEN TO SUCH PROCUREMENTS. OFFERORS WHO DO NOT WISH TO ACCEPT THIS AS A CONDITION OF CONTRACT SHOULD NOT

SUBMIT A PROPOSAL.

1. The Department of General Services shall make award information on any contract resulting from this RFP available to other political subdivisions.

2. Other political subdivisions or districts will issue purchase orders directly to Vendor/Consultant within the specified contract period referencing the County’s contract and shall be solely liable and responsible for all payments due on under the contract for that political subdivisions or district’s use of the Contract. The County shall not be liable or responsible for any debts incurred by other users of any contract resulting from this RFP.

3. All purchases shall be subject to audit and inspection by the County.

4. Necessary deviations from the County’s specifications in the award of a participant contract, for example quantities or delivery points, shall be resolved between the successful Offeror and the other political subdivisions or districts. However, at no time shall any change to price and product specifications be permitted, except where an item has been replaced by another item due to obsolescence or pricing is contingent on an outside factor (e.g.

fuel at market rates) pursuant to the terms of the contract, and/or the Vendor or Consultant offers reduced pricing to any participant, which then must be made immediately available to all participants. If a product specification requires modification due to obsolescence, the County must approve a change of product in writing in order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be lower than the originally awarded price. Any reduced pricing shall be applicable to all other participants’ quantities ordered on or after the date such reduced pricing became effective for the initial participant receiving such pricing.

PO Box 218, 255-275 Main Street Goshen, New York 10924

SCOPE

The County of Orange (County) is seeking to enter into a contract with one or more competent professionals (each, an “Offeror” or “Consultant”), with demonstrable experience in and understanding of the U.S. Department of Housing and Urban Development (HUD) rules and regulations as they relate to the Community Development Block Grant (CDBG) program, HOME Investment Partnerships (HOME) program, including HOME-ARP (American Rescue Plan), Emergency Solutions Grant (ESG) program, Community Development Block Grant Disaster Recovery (CDBG-DR) program, Community Project Funding (CPF), and Neighborhood Stabilization Program (NSP), to provide technical assistance and guidance to the Orange County Office of Community Development (OCD), located in Goshen, New York, as more particularly described in the “Specifications” Section below.

SPECIFICATIONS

1. Introduction and Programs Description

The Orange County Office of Community Development (OCD) currently administers CDBG and HOME federal entitlement grants for Orange County, as an entitlement grantee, received directly from HUD. OCD at the present time does not directly administer the ESG grant. The County, however, may determine at a later date that it is in the best interest of the County to resume direct administration of the ESG program therefore Offeror’s knowledge of the ESG program is desired. In addition, the County received an NSP award in 2008 relating to the subprime mortgage and financial crisis of 2008 and a CDBG-DR award in 2012 relating to Hurricane Irene and Hurricane Sandy.

In 2021, the County received a HOME-ARP award. In 2023, the County received a CPF award. The County’s federally funded CDBG, HOME, ESG, HOME -ARP, CDBG-DR, CPF and NSP programs are hereinafter, collectively, referred to as the “federal programs”.

The HUD funded federal programs serve the municipalities that make up the CDBG Urban County Consortium and the HOME Consortium. Every municipality in Orange County currently participates in the CDBG Urban County Consortium, except for the Cities of Newburgh, Middletown, and Port Jervis, the Village of Kiryas Joel and the Town of Palm Tree. Members of the HOME Consortium include every municipality participating in the CDBG Urban County Consortium and the Cities of Newburgh, Middletown, and Port Jervis.

The County is annually awarded federal funding from the CDBG and HOME Entitlement Programs totaling approximately $2.7 million (CDBG $1.6 million; HOME $1.1 million). The CDBG and HOME funds are used primarily to provide subgrants to local municipal governments for improvements to public infrastructure, facilities, and services as well as funding to profit and not-for-profit developers of multi-unit rental housing and affordable homeownership projects.

HUD requires grantees to prepare Annual Action Plans outlining funded activities for each program year and Consolidated Annual Performance and Evaluation Report (CAPER) to report on accomplishments achieved in each program year. The County is required to develop the Annual Action Plan and CAPER in consultation with those intended as the primary beneficiaries of these HUD programs. The completed reports must comply with all applicable HUD regulations and be submitted within the timeframe set by HUD.

The Fair Housing Act (FHA), passed as part of the Civil Rights Act of 1968, prohibits housing discrimination based on race, color, religion, sex, disability, familial status or national origin. It also requires federal agencies and recipients of federal housing funds to affirmatively further fair housing. As part of demonstrating that an entitlement https://www.justice.gov/crt/fair-housing-act-1

PO Box 218, 255-275 Main Street Goshen, New York 10924 community is affirmatively furthering fair housing, the 2021 Affirmatively Furthering Fair Housing (AFFH) rule required grantees to prepare an Analysis of Impediments to Fair Housing Choice, or AI, which identifies any impediments to fair housing choice and what steps the entitlement community will take to affirmatively further fair housing. The County previously prepared an AI in Spring 2023. HUD recently terminated the 2021 AFFH rule which mandated the completion of complex jurisdictional and regional analysis by grantees. A grantee’s certification that it has affirmatively furthered fair housing in accordance with the Fair Housing Act is, at the present time, may be deemed sufficient. Offerors must be familiar with the AFFH rules and current requirements and be up to date on all relevant legislation and regulatory requirements.

A. Community Development Block Grant (CDBG) Program

Orange County has been awarded CDBG funds on an annual formula basis since the inception of CDBG program in 1974 to provide households with low and moderate income (LMI) with viable communities, including decent housing, a suitable living environment and expanded economic opportunities. HUD defines LMI as a household with income that is less than 80% of area median income. Eligible activities include community facilities and improvements, public infrastructure, and public services, with 20% of each funding year entitlement reserved for planning and administration.

To continue participation in this program, the County contractually agrees with HUD to implement the Housing and Community Development Act of 1974 and related CDBG program regulations contained in 24 CFR 570 as well as all cross-cutting regulations. The program is authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended 42 U.S.C.-530.1 et seq. HUD provides guidance on the CDBG Program through CPD Notices and Policy Memoranda, all of which can be found at https://www.hudexchange.info/programs/cdbg/cdbg-laws-and-regulations/.

B. Home Investment Partnerships (HOME) Program

Since 1992, HOME funds have been allocated annually to Orange County from HUD on a formula basis. The HOME statute is contained in Title II of the Cranston-Gonzalez National Affordable Housing Act. HUD provides guidance on the HOME program through HOME CPD Notices, HOME Policy Memos, HOME fires, and HOME FACTS all of which can be found at https://www.hudexchange.info/programs/home/home-laws-and-regulations/. HUD published a Final Rule in the Federal Register on July 24, 2013 (24 CFR Part 92) to amend the HOME Program regulations (2023 HOME Final Rule).

HOME Program provides formula grants to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership to people with low incomes. HOME funds are typically used in partnerships with private developers, local nonprofit groups, and community housing development organizations (CHDOs), to finance a variety of affordable housing production activities. According to HOME regulations, at least 15% of each Program Year funding must be set aside for projects owned, sponsored and/or developed by Community Housing Development Organizations (CHDOs) and 10% is reserved for administration and planning.

HUD published the new HOME Final Rule on January 6, 2025 (HOME Final Rule), with an original effective date of February 5, 2025, but the implementation was delayed to April 20, 2025. Further delays have been implemented for specific provisions which are now scheduled to become effective on October 30, 2025. The HOME Final Rule makes several significant changes to the implementation of the HOME program and represents the first major regulatory update since the 2013 HOME Final Rule. The HOME Final Rule revises the HOME program regulations to http://portal.hud.gov/hudportal/HUD/program_offices/comm_planning/communitydevelopment/rulesandregs/laws/sec5301 https://www.hudexchange.info/programs/cdbg/cdbg-laws-and-regulations/ https://www.hudexchange.info/programs/home/home-cpd-notices https://www.hudexchange.info/programs/home/home-policy-memos https://www.hudexchange.info/programs/home/homefires https://www.hudexchange.info/programs/home/home-facts

PO Box 218, 255-275 Main Street Goshen, New York 10924 update, simplify, or streamline requirements, better align the program with other Federal housing programs, and implement recent amendments to the HOME program statute. The HOME Final Rule also includes minor revisions to the regulations for CDBG and Section 8 Housing Choice Voucher programs consistent with the changes to the HOME program. Major provisions include tenancy addenda that create tenant protections for residents of HOME-assisted rental housing and recipients of HOME tenant-based rental assistance, changes to maximum per-unit subsidy limits, changes to periods of affordability, updated guidance and policy changes for HUD-assisted homebuyer housing, and several provisions intended to streamline participation in the HOME program (24 CFR Parts 91, 92, 570, and 982).

C. Emergency Solutions Grants (ESG) Program

ESG funds may be used for five program components: street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and HMIS; as well as administrative activities (up to 7.5% of a recipient’s allocation can be used for administrative activities). All applicable ESG laws, rules and notices can be found at https://www.hudexchange.info/programs/esg/esg-law-regulations-and-notices/#laws and 24 CFR 576. The County did not receive its FY-2025 allocation of the ESG funds but may consider administering the ESG program in the future within the time frame relevant hereto.

HUD made certain rule changes and announcements affecting the CDBG and ESG programs in 2025.

In April 2025, HUD announced an interim final rule revising the regulations for the Fair Housing Act, which affects the administration of the ESG program.

D. Community Development Block Grant – Disaster Recovery (CDBG-DR) Program

In response to extraordinary impacts from disasters, U.S. Congress has from time-to-time appropriated additional funding for the CDBG program. Unlike other recovery assistance programs, CDBG-DR assistance is not permanently authorized. In response to Presidentially declared disasters, Congress may appropriate additional funding for the CDBG program as Disaster Recovery grants to rebuild the affected areas and provide crucial seed money to start the recovery process. CDBG-DR assistance may fund a broad range of recovery activities to help communities and neighborhoods that otherwise might not recover due to limited resources, subject to availability of supplemental appropriations. CDBG-DR appropriation statutes typically grant the Secretary of HUD the authority to waive statutes or regulations administered by HUD, except for requirements related to fair housing, nondiscrimination, labor standards, and the environment. Statutory requirements of CDBG-DR appropriations, recovery needs of grantees, and waivers granted by HUD may change from one disaster to the next. CDBG-DR grants are subject to Title I of the HCD Act, (42 U.S.C. § 5301 et seq.) which governs all CDBG programs; CDBG regulations at 24 CFR Part 570, unless modified by waivers; The Federal Register Notice allocating funds to that grantee and any subsequent Notice providing additional waivers and alternative requirements; 2 CFR Part 200, which provides the Federal government’s guidance on administrative requirements, cost principles, and audit requirements; Section 312 of the Stafford Act (42 U.S.C. 5121 et seq.), which can be found at https://www.hudexchange.info/programs/cdbg-dr/

HUD made certain rule changes and announcements affecting the CDBG and ESG programs in 2025. Key updates include the CDBG-DR Universal Notice, issued in January 2025 and updated in March 2025 to align with Administration Executive Orders. HUD also released revisions to its Fair Housing Act regulations in April 2025, impacting CDBG and ESG rules.

https://www.hudexchange.info/programs/esg/esg-law-regulations-and-notices/#laws https://www.hudexchange.info/programs/cdbg-dr/ https://www.google.com/search?sca_esv=c86351f7882d4df3&rlz=1C1GCEB_enUS991US991&cs=0&q=CDBG-DR+Universal+Notice&sa=X&ved=2ahUKEwiA6Pilv-CPAxWoGVkFHVCEIj8QxccNegQIAhAC&mstk=AUtExfDX_nY2b-6_TUfoErmMu7RWAYX0J1w9YD6UBcR69WHkFToAJkF5qW6B0zR0HhwE0TfXv7u_vWbgJp2VjvArKvM9y_-S9vwTjt8C8bN1SeIcMWW4vsHGcwYbWTZVwx35Zmg&csui=3 https://www.google.com/search?sca_esv=c86351f7882d4df3&rlz=1C1GCEB_enUS991US991&cs=0&q=Administration+Executive+Orders&sa=X&ved=2ahUKEwiA6Pilv-CPAxWoGVkFHVCEIj8QxccNegQIAhAD&mstk=AUtExfDX_nY2b-6_TUfoErmMu7RWAYX0J1w9YD6UBcR69WHkFToAJkF5qW6B0zR0HhwE0TfXv7u_vWbgJp2VjvArKvM9y_-S9vwTjt8C8bN1SeIcMWW4vsHGcwYbWTZVwx35Zmg&csui=3

PO Box 218, 255-275 Main Street Goshen, New York 10924

E. Neighborhood Stabilization (NSP) Program

NSP, as a component of the CDBG Program, provides emergency assistance to state and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities. NSP provides grants to purchase foreclosed or abandoned homes and to rehabilitate, resell, or redevelop these homes in order to stabilize neighborhoods and stem the decline of house values of neighboring homes. The program is authorized under Title III of the Housing and Economic Recovery Act of 2008.

The Housing and Economic Recovery Act of 2008 provided a first round of formula funding to States and units of General local government and is referred to herein as NSP-1. The American Recovery and Reinvestment Act provided a second round of funds in 2009 awarded by competition and is referred to herein as NSP-2. The third round of funding, NSP-3, was provided in 2010 as part of the Dodd-Frank Wall Street Reform Act and was allocated by formula. The CDBG regulatory structure is the platform used to implement NSP. The regulations created by the Office of the Assistant Secretary of Community Planning and Development that pertain to Community Development programs are contained within 24 CFR part 570 – Community Development Block Grants. NSP is governed by CDBG regulations except where specifically waived.

F. Community Project Funding (CPF) Program

CPF grants provide investment in a wide variety of projects such as housing, homelessness prevention, workforce training, public facilities, parks, resilience planning and other critical infrastructure and services.

The County received $4,000,000 of CPF funds from HUD for the demolition and construction of the Newburgh Landing Pier; 20% will be used for administration. Orange County anticipates entering into a $3,200,000 subrecipient agreement with the City of Newburgh to demolish the existing pier, construct a new landing platform, and build an extended fixed pier for large commercial boats with spud barge for small commercial boats, and a floating dock for smaller recreational vessels.

G. HOME- ARP Program

Notice CPD-21-10: Requirements for the Use of Funds in the HOME-ARP Program establishes requirements for funds appropriated under Section 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) for HOME to provide homelessness assistance and supportive services.

Orange County was awarded $4,253,870 in HOME-ARP funds from HUD which will be used to address the County's homeless assistance needs by creating affordable housing units, increasing developer capacity, and providing supportive services. The County has reserved 15% of the HOME-ARP funds for eligible administrative expenses related to this specific grant award.

2. Scope of Services

The County seeks the services of one or more qualified individuals/firms to provide support to OCD as follows:

A. General HUD Programs Technical Assistance Consultant(s) will assist the Office of Community Development with the management and administration of the federally-funded CDBG, HOME, ESG (if applicable), CDBG-DR, HOME-ARP, CPF, and NSP programs and provide support for all activities and requirements of the programs including, but not limited to, environmental reviews, monitoring, subsidy layering review, request for payment/reimbursement, contract management, labor http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=24:3.1.1.3.4&idno=24 https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-10cpdn.pdf

PO Box 218, 255-275 Main Street Goshen, New York 10924 relations/Davis-Bacon Act and Section 3 compliance, Build America, Buy America preference, Integrated Disbursement and Information System Online (IDIS) and Disaster Recovery Grants Reporting System (DRGR) maintenance and reporting, as more particularly described below. Additionally, the services shall include, but are not limited to, the following assistance:

i. Provide general guidance, assistance and recommendations to OCD staff in matters relating to the management and administration of the County’s federal programs, including but not limited to staff training, program updates, internal project file monitoring, implementation services, and project activity support.

ii. Assist with closing out the NSP grant and any other federal assistance that the County needs to close out.

iii. Review and revise OCD’s existing policies and procedures for the County’s federal programs and assist in the development of new policies and procedures as needed to meet the requirements of regulations governing the programs.

iv. Assist OCD staff in the preparation of Substantial Amendments to reallocate previous years unspent funds, cancel non-viable projects and allocate funding to new projects.

v. Assist OCD with developing financial and project management systems in accordance with federal regulations.

vi. Review, organize and provide proper file documentation for all federal programs.

vii. Periodically meet with OCD staff to review progress and program requirements.

viii. Compile eligibility documentation in accordance with HUD regulations for current program year funded projects, including National Objectives.

ix. Assist OCD staff with developing systems for compliance monitoring of on-going federally assisted projects per HUD requirements.

x. Assist in the preparation of a system of reporting and recordkeeping that includes the periodic updating of data in the IDIS and the establishment and maintenance of activity records sufficient to demonstrate that each activity meets the regulatory requirements of the programs.

xi. Prepare for and, if necessary, be present at HUD monitoring of the programs.

xii. Determine eligibility of Community Housing Development Organizations (CHDOs).

B. Part 58 Environmental Review Record Consultant will prepare Environmental Review Records (ERR) in the HUD Environmental Review Online System (HEROS) acceptable for HUD approval and release of Community Development Program funds. The Environmental Review Record will include, as applicable:

i. A description of the project or activity to which it relates.

ii. Documentation showing each step in the Environmental Review process as follows:

- Determination of existing conditions;

- Identification of environmental impacts;

- Examination of identified impacts;

- Consideration of project modification; and

- Consideration of alternative projects.

iii. Documentation that the findings have been made and are supported by the Environmental Review Record.

iv. Documentation that the required steps in the Environmental Review process have been followed.

v. Description of the existing environmental conditions.

vi. A copy of the publication of Notice of Request for Funds

vii. A copy of the Request for Release of Funds.

We anticipate 8 to 10 CDBG funded projects per year, 1 to 3 HOME funded rental and/or Homeownership development projects per year, as well as ERRs for public services, administrative activities and other CENST

PO Box 218, 255-275 Main Street Goshen, New York 10924

Expenses (24 CFR 58.34(a) and 24. CFR 58.35(b)). Most CDBG funded infrastructure projects are replacement in kind (for example, repairing sidewalks, paving roads, installing ADA accessible doors are ramps). Most projects do not anticipate new ground disturbance or tree cutting. We occasionally have Environmental Assessment (EA) level activities that are new construction (installation of sidewalks where none currently exist, or expansion of a facility by 20% or more). Many of our projects that are subject to Part 58.5 (CEST) end up converting to exempt as none of the laws/authorities/statutes apply once the review is complete. All of our prior program year projects have had ERRs completed to date. The proposed fee for ERR should be per one (1) year of environmental reviews.

Consultant will also draft the required public notices on behalf of the County (FONSI, Notice of Intent to RROF, floodplain notices, etc.). The County will arrange/pay for publication of notices drafted by the Consultant at no expense to the Consultant.

C. Annual Action Plan(s) Starting with the 2026 Action Plan, Consultant will assist in the preparation of the Annual Action Plans to be submitted at a time specified by HUD. The Annual Action Plan will list the specific actions, activities, and programs the County will undertake during the Program Year to address the priority needs and specific goals identified by the County’s Consolidated Plan. The Annual Action Plan format includes Citizen Participation, Inclusion of all Financial Resources, Annual Objectives, Description of Activities including development of performance measures and outcomes, Annual Affordable Housing Goals (Public Housing, Homeless and Special Needs, Barriers to Affordable Housing, Program Specific Requirements, Maps, Tables). Consultant will assist in the preparation of subsequent Program Year Annual Action Plans as requested by OCD.

D. Consolidated Annual Performance and Evaluation Report(s) (CAPER) Consultant will prepare, update and/or review each Program Year CAPER in a format acceptable for HUD approval.

The purpose of the CAPER is for grantees to report on accomplishments and progress toward Consolidated Plan goals in the prior year. Consultant will assist in the preparation of the 2025 CAPER and subsequent Program Year CAPERs as requested by the County.

E. HOME Underwriting and Subsidy Layering Review In connection with all rental and homebuyer development projects, funded in part or in whole with HOME funds, direct homebuyer assistance, and homeowner rehabilitation assistance loans for which funds are committed on or after August 23, 2013, Consultant will perform an analysis of project assumptions and risks to ensure that the project will meet affordability requirements; determine what level of HOME assistance is necessary and is reasonable; perform an analysis of market assessment and developer capacity to ensure viable and sustainable projects. The County usually funds 1 to 3 HOME projects each year.

F. HUD Monitoring and Subrecipient Monitoring Consultant will assist OCD staff with the preparation for, and may be required to attend, HUD Project Monitoring of the County as well as the County’s monitoring of subrecipients. Additionally, Consultant will assist OCD staff with preparation of responses and provide technical assistance to any Findings and Concerns noted in HUD Project Monitoring, if applicable.

G. Training and Contracts

Consultant shall keep OCD staff up to date on all changes and updates in the regulatory and program requirements and issuance of relevant new guidance by HUD. From time to time, Consultant may be asked to review the existing contract templates and forms used by OCD and suggest revisions due to changes in the law and/or rules and

PO Box 218, 255-275 Main Street Goshen, New York 10924 regulations to ensure compliance with HUD requirements. Consultant may be asked to create/provide annual training plan for subrecipients and members of the County CDBG and HOME Advisory Committees and provide technical assistance as needed for subrecipients throughout program year.

H. Citizen Participation Plan Consultant will assist OCD staff in updating Citizen Participation Plan as needed to ensure compliance with public notice documentation in accordance with HUD regulations.

I. Policies and Procedures Consultant will assist OCD staff in updating, as needed, policies and procedures for HUD funded programs as needed to ensure compliance with HUD regulations.

J. Language Access and Assessment of Fair Housing Plan Consultant will assist OCD staff with updating, as needed, and implementing the Language Access Plan and Assessment of Fair Housing Plan in accordance with HUD requirements.

K. Labor Relations/Davis-Bacon Act Consultant will assist OCD staff in updating County’s labor compliance policies and procedures.

3. Consultant’s Qualifications

A. Individual Offerors and/or corporate Offerors’ staff assisting the County must have a college degree in planning, public administration, engineering, GIS, governmental affairs, community development, or the equivalent thereof.

B. Offerors must have at least five (5) years of experience as a consultant for HUD funded programs at an entitlement community or experience in administering CDBG, CPF, HOME, CDBG-DR, ESG, and NSP programs for an entitlement community such as a County, State, City, Town, or Village.

C. Offerors must have experience working successfully with the HUD offices in charge of CDBG, HOME, CPF, ESG, NSP and CDBG-DR funds and have a thorough knowledge of all applicable federal statutes and HUD regulations.

D. Offerors must be thoroughly familiar with IDIS, SAGE, HEROS, DRGR, and other HUD systems necessary for the above scope of work.

E. Offerors must have proven experience in developing more than two (2) Con Plans, five (5) Annual Action Plans, and three (3) CAPERS prior to submitting a proposal in response to this RFP.

F. Funding for the services sought under this RFP is subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards issued by the Federal Office of Management and Budget. As such, Offerors must demonstrate thorough understanding of all applicable provisions set forth in Title 2 of the Code of Federal Regulations, Subtitle A, Chapter II, Part 200 (which can be viewed at https://ecfr.io/Title-02/cfr200_main ), the terms of which are incorporated into and made part of the Scope and Specifications of this RFQ by reference.

4. Special Conditions

A. Offerors must submit a suggested Scope of Services.

B. Offeror will report to the Director of Community Development and her designees. Offeror shall develop in collaboration with the Director of Community Development a consistent schedule for the delivery of Services. Services shall be provided as needed. Offeror is responsible for providing appropriate staffing to https://ecfr.io/Title-02/cfr200_main

PO Box 218, 255-275 Main Street Goshen, New York 10924 timely provide Services at the agreed upon schedule, barring unforeseen emergencies. Failure to provide adequate staffing is grounds for termination of the Contract.

C. Offeror shall be solely responsible for the payment of all taxes, salaries, and insurance necessary or required to provide the Services.

D. Offeror shall be responsible for the delivery of all Services and all persons that deliver Services, including employees and subcontractors. Offeror shall comply and cause its employees and subcontractors to comply with all reasonable standards. Offeror may not subcontract for any Services without the County’s prior written approval of the subcontractor.

E. All services of the Consultant shall be completed in accordance with timing requirements of the program and the directives of HUD.

TERM

The County anticipates that the term of this contract will be for 1 year. The County reserves the right to extend the contract for up to four (4) additional one (1) year period(s), under no less favorable terms and conditions as the terms and conditions of the original RFP, unless alternate terms are specified in this RFP and/or the contract for renewals/extensions.

Upon expiration of the original term or any renewal thereof, if authorized by the County as above, this contract may be extended unilaterally by the County for an additional period of up to two months upon notice to the Consultant with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such extension), prices, and delivery requirements. With the concurrence of the Consultant, the extension may be for a period of up to three months in lieu of the up to two month period.

PRICING

1. We do not accept any conditional Proposals (i.e.: minimum quantities, minimum dollar amount orders).

2. Pricing must be submitted on the provided Proposal Form.

3. The prices submitted shall be exclusive of federal and state sales taxes (or other taxes inapplicable to government entities) and must not include any tax for which the Offeror may claim exemption because of doing business with the County.

4. Unless otherwise indicated in this RFP, prices shall be net, including transportation and delivery charges fully prepaid by the successful Vendor to the destination indicated in the purchase order. Prices are to be listed as FOB Delivered: ORANGE COUNTY, NY. No freight and/or handling or fuel surcharges will be accepted, unless otherwise agreed to in the purchase order. Delivery of all products will be made free of transportation charges, the prices offered by Vendor being delivered prices.

5. At no time shall any change to price and product specification be permitted for the entire term of the award, except where an item has been replaced by another item due to obsolescence. In this instance, the County must approve a change of product in a written change order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be equal to or lower than the originally awarded price.

PO Box 218, 255-275 Main Street Goshen, New York 10924

6. The proposed Scope and Specifications are not a guarantee, were developed based on past or anticipated needs, and are as accurate as the County can ascertain at the time of issuance of this RFP. When an anticipated volume or other quantities or goods or services are listed, the County has listed these either based upon a history of usage over a previous period or anticipated need. The County in no way guarantees that the actual quantities listed will be ordered. When volume or quantities are listed, the Offeror should understand that the actual volume or quantities may be more or less, depending on the actual needs of the County. The Offeror shall hold the County harmless against any damages because of estimated volume or quantities. In the event quantities exceed the estimate, the County shall receive the price as listed in the award or, if a better price is available at that time, that price shall be passed on to the County.

PAYMENT

1. Payment shall be made in accordance with the payment/compensation provisions of the contract template provided with this RFP.

2. The County is able to offer the payment choices listed below. The payment time in standard County contracts is typically 30 days for Public Improvement Projects and 60 days for all other contracts. Generally, the County is able to process payments more quickly than those stated timeframes. However, the options for payment choices below are listed in order of speed:

a. Electronic Funds Transfer (EFT) via Automated Clearing House (ACH) – Please complete the form enclosed with this RFB.

b. Check

PO Box 218, 255-275 Main Street Goshen, New York 10924

SUBMISSION OF PROPOSALS

Unless otherwise noted below, one (1) UNBOUND signed original (as applicable to the document type) and the number of copies specified in Item #5 of the Instructions to Offerors, of each of the following items should be submitted in your Proposal package- It is NOT necessary to include a copy of the entire RFP in your Proposal package only the items required below. Proposals must include:

1. Completed and signed Proposal Form

2. Background and Experience: Provide a brief history of your business and experience with similar projects.

Identify proposed project staffing and include copies of resumes/C.V.'s for all personnel as well as any applicable certifications, licenses, etc.

3. Proposal Narrative: Proposals must include information in a brief narrative that clearly and concisely describes the anticipated organization and approach to the contract including, but not limited to, the Offeror’s availability, best practices and ability to support the County in the management and administrative work as stated in the SPECIFICATIONS Section of this RFP.

4. Pricing: Offeror must indicate in the Proposal Form Offeror’s pricing for each service Offeror proposes to provide, providing a remuneration schedule showing hourly rates for project team members and a lump sum fee where applicable. Hourly rates shall be inclusive of all costs, such as travel, etc. County will consider billing increments of one -tenths (0.1) of an hour (6-minute increments). Double billing (two consultants doing the same work on the same matter) will be rejected. It is the responsibility of the awarded contractor to provide detailed invoicing that reflects number of hours and minutes, and a description of the work performed during these hours/minutes (e.g. IDIS/DRGR#, Monitoring, Subsidy Layering Review, or Technical Support). All documents will be reviewed by the Director of OCD for accuracy. Non-Reimbursable Expenses include (but are not limited to): Travel Time, Mileage, Tolls, Parking, Train Tickets, Airfare, or Hotel, except when pre-approved in writing by the Director of the Office of Community Development. Consultant will not be compensated for commute time (e.g. from home/office to work site/project site).

5. References: Offeror should include a minimum of three (3) references of similar services performed within the last three (3) years.