Request for Proposals

For the 2020 Affordable Housing Plan and

2010 – 2014 Consolidated Housing and Community Development Plan

 

 

Deadline:          May 9, 2008

 

 

 

                                   

Town of Cary

316 North Academy Street

Cary, North Carolina 27513

 

Planning Department

(919) 469-4082

 

 

www.townofcary.org

 

 

 

Table of Contents

 

I.                    Introduction

II.                 Project Background: The Affordable Housing Plan

III.               Project Background: 2005 – 2009 Consolidated Housing and Community Development Plan

 

IV.              Project Description

V.                 Scope of Services

VI.              Project Approach

VII.            End Product

VIII.         Content and Format of Proposals

IX.              Method of Evaluation

X.                 Selection Process and Schedule

XI.              Copyright Release

XII.            Indemnification

XIII.         Additional information: Relevant Plans and Ordinances

A.     2007 Population Report

B.     2008 Annual Action Plan

C.     2003 Land Development Ordinance

XIV.         Federal Terms and Conditions

 

 

 

 

 

 


I.                   Introduction

 

 

The Town of Cary, North Carolina, is requesting proposals for consulting services from a select group of individuals and/or firms with proven expertise and understanding of the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program as it relates to the Consolidated Housing and Community Development Plan and Affordable Housing.  The proposal will highlight the firm’s capability to develop a thorough and comprehensive revision/update of the Town’s 2000 Affordable Housing Plan and a five-year Consolidated Housing and Community Development Plan that will establish goals and strategies for housing and community development initiatives in Cary. 

 

In compliance with HUD regulations, the Consolidated Housing and Community Development Plan is adopted and submitted every five years. The Consolidated Plan includes an assessment of community development needs as they relate to housing, demographics, market analysis, acquisition, housing rehabilitation, new rental construction, homeownership assistance and infill housing construction.  The 2010 – 2014 Consolidated Housing and Community Development Plan should establish a holistic approach while successfully incorporating the national objectives of the CDBG Program and the Town’s goals.

 

The Affordable Housing Plan was adopted by Town Council on May 11, 2000.  The Town has since made considerable strides towards preserving and creating affordable housing for low- and moderate-income individuals and families.  The updated 2020 Affordable Housing Plan should consider issues related to the assessment and preservation of existing affordable units, as well long- and short-term strategies to address the creation of additional, sustainable affordable housing opportunities. It is anticipated that the Plan also include an implementation plan to set priorities and explicitly define strategies and action items to address future needs. Examples may include zoning and compliance ordinances and/or amendments.

 

II.  Project Background and Description

 

The Affordable Housing Plan

 

Since the 1980s, the Town of Cary has experienced a tremendous amount of growth and development.  The population grew from 1,141 (in 1940) to 122,643 as of July 2007.  In 1998, the Town commissioned a Growth Management Task Force to examine implications to this increase in population and its impact on housing.  It became evident that the rising price in real estate was beginning to have an adverse affect on the accessibility and affordability of housing.

     

Despite the rising costs in housing, the Town Council recognized the added-value and benefits of providing affordable housing options for many citizens living and working within the city limits of Cary. By assessing the housing inventory, examining the population trends and evaluating the rising costs in housing, the Task Force recommended the development of an Affordable Housing Plan to Town Council.  The Plan included an analysis of the Town of Cary’s housing market, goals and strategies to preserve and create affordable housing.  However, much of the data and needs assessment that formed the basis of the Plan has become outdated since its May 11, 2000 adoption.  This plan along with our adopted housing goals may be found on the Town’s website:

 

http://www.townofcary.org/depts/dsdept/P&Z/affordablehousing/plancolor.pdf

 

 

III.       Project Background:

 

2005-2009 Consolidated Housing and Community Development Plan

 

The Town of Cary was designated by the U.S. Department of Housing and Urban Development as an Entitlement Community on July 1, 2004.  As a Community Development Block Grant (CDBG) Entitlement Community, the Town of Cary was required to prepare and adopt a five-year Consolidated Housing and Community Development Plan for Fiscal Years 2005 – 2009. This Consolidated Plan identifies the Town’s housing and community development needs and proposes strategies for addressing those needs.  An Annual Action Plan is prepared each year that identifies the funding priorities to implement the Consolidated Plan.   Fiscal Year (FY) 2009 which begins July 1, 2008 is the fifth and final year covered by our existing Consolidated Plan.  Subsequently a new five-year plan must be developed for FY 2010 – 2014 that meets all requirements of the US Department of Housing and Urban Development for the Town to continue to receive its CDBG entitlement grant.  The 2005- 2009 Consolidated Plan may be found at the following link:

 

http://www.townofcary.org/depts/dsdept/P&Z/affordablehousing/chcdplan.pdf

 

HUD guidelines for preparing a Consolidated Plan may be found at:

 

http://www.hud.gov/offices/cpd/about/conplan/

 

 

IV.       Project Description

 

The 2020 Affordable Housing Plan and 2010 – 2014 Consolidated Housing and Community Development Plan should be completed within nine (9) months of the contract award.  The final product will result in a comprehensive plan to maximize the use of existing resources and to cost-effectively provide for future housing and community development needs.  The chosen strategy and approach should support the Town’s adopted affordable housing goals and execute an effective program to implement community development initiatives.

 

V.        Scope of Services

 

By utilizing the 2000 Affordable Housing Plan, 2005 – 2009 Consolidated Housing and Community Development Plan, 2007 Population Report, 2008 Annual Action Plan, and 2003 Land Development Ordinance (with subsequent amendments up to year 2007) as points of reference, the update should address and include the following elements:

 

  1. Clearly convey the intent of the Affordable Housing and Consolidated Plan to a broad audience, explaining the purpose the plan serves, the strategies, goals and the approach needed to execute community development initiatives.

 

  1. Conduct an analysis of Cary’s housing market and illustrate comparisons with other municipalities in the county and region.

 

  1. Assess and measure the affordable housing needs among various groups of populations in the community; such as low- and moderate income senior citizens, minority populations, mentally and/or physically handicapped, single parents, families, and individuals.

 

  1. Conduct an analysis of barriers to affordable housing and impediments to the Fair Housing Act, Americans with Disabilities, and the Civil Rights Laws for renters and potential homeowners.

 

  1. Determine the sustainability of affordable housing in Cary relative to the housing market analysis and economic trends.

 

  1. Examine zoning and compliance ordinances that may support affordable housing development and sustainability and be applicable in Cary.

 

  1. Recommend a comprehensive implementation strategy for addressing any current or projected housing needs which is consistent with the intent and goals of the Affordable Housing Plan and Consolidated Housing and Community Development Plan.  Also, present concise short- and long-term strategies that take into consideration the following:

 

    1. An assessment of the Town’s affordable housing efforts and initiatives;

 

    1. The impact of population and demographic shifts that may affect affordable housing needs;

 

    1. The sustainability of affordable housing compared to the housing market trends;

 

    1. The internal processes and external influences that may negate the support and development of affordable housing;

 

    1. The analysis of the Town’s capacity to build consensus among various stakeholders to expand, preserve and create affordable housing partnerships;

 

    1. The examination of community development models that foster a thriving holistic approach toward housing while defeating NIMBYism;

 

    1. And, the feasibility and price points associated with mixed income projects which include components of affordable housing.

 

While this list is not intended to be a comprehensive itemization of plan components or areas to be studied, it is the Town’s expectation that the consultant comprehensively address strategies in the development and execution of both Plans.

 

 

VI.       Project Approach  

 

The approach proposed for this project should incorporate the following elements, in addition to any other elements or tasks that may be deemed necessary:

 

  1. Public Involvement Process

Based on their professional expertise, the project scope and desired timeframe, the consultant should propose an inclusive and dynamic process for public involvement that engages the following stakeholder groups: (1) Residents of Cary; (2) Cary’s developer focus group; (3) Planning and Zoning Board; (4) Town of Cary staff; (5) Cary Town Council; (6) and the general public. The consultant may wish to explore focus groups with targeted populations and/or areas. A stake holder’s group will be formed specifically to work with the Town staff and consultant on this project and process. The recommended process may include a combination of techniques and formats that foster transparency and consensus building.

 

  1. Close Coordination with and feedback from Town Staff

The approach suggested by the consultant should include steps that ensure that the final product will be developed in close coordination with Town staff, and will include opportunities for interactive feedback from staff as the work proceeds. The consultant should be available for a sufficient number of meetings with Town staff to ensure successful coordination and completion of the project.  It is suggested that the consultant and Town staff meet at the outset of the project to finalize and coordinate the project schedule and approach.

 

  1. Final Revisions

The project approach should allow for final revisions to the 2020 Affordable Housing and 2010 – 2014 Consolidated Housing and Community Development Plan and its elements, if needed, based on the feedback obtained at any proposed review meetings and through consultation with staff.

 

 

  1. Town Council Meeting

The 2020 Affordable Housing and 2010 – 2014 Consolidated Housing and Community Development Plans will be presented at a Town Council work session and a Town Council meeting to obtain official endorsement of the plan and its recommendations.

 

VII.     End Product

 

The 2020 Affordable Housing and 2010 – 2014 Consolidated Housing and Community Development Plan should conform to the Project Approach as described above.  Technical and professional jargon should be kept to a minimum. When technical language must be used, clear definitions should follow. 

 

All items are to be submitted in accordance with the terms as specified in this RFP.  All deliverables and data will become the property of the Town of Cary, and the Town will hold copyright on the deliverables.

 

Number of Copies and Formats for Deliverables:

 

§         All drafts of the 2020 Affordable Housing and 2010 – 2014 Consolidated Housing and Community Development Plan or its constituent elements (e.g., drawings, illustrations, text, etc.) submitted to the Town for review should be delivered as twelve (12) sets of hard copies as well as a digital version of the same, unless otherwise agreed to by the Town.  The digital version should be in a digital format acceptable to the Town, so that the Town can make additional copies as necessary.

 

§         For the full meeting with the Town Council, in addition to the numbers and formats of deliverables as described above, the consultant shall deliver individual tables, drawings, illustrations, graphs and graphics in a digital format that enables Town staff to include the images as needed in a PowerPoint presentation for Town Council.

 

§         Twelve (12) hard copies of the final deliverable should be provided to the Town at the conclusion of the project.  They should be delivered in the native format of the software packages used by the consultant, if any, in addition to the Microsoft Word format.

 

Web Site Accessibility and Americans with Disabilities Act

 

With the Internet serving as the Town’s primary communication vehicle, the Town of Cary is committed to making information on its web site (www.townofcary.org) accessible to the widest variety of users, including those with disabilities.  In this regard and keeping with the Americans with Disabilities Act, it is expressly agreed and understood that the consultant will provide HTML-ready version of- and concurrently with its delivery of-any draft report, final report, brochure, or other written document required under the scope of this Agreement.  In addition, any graphics, photos, or other images part of the HTML file must be identified with an appropriate alternative text tag of no more than 32 characters.

 

Town of Cary Responsibilities

 

The Town of Cary will be responsible for:

 

Arranging, scheduling, and providing facility space for meetings, including meetings with public officials.

 

Stakeholder and community notification for all meetings and interviews.

 

Providing the consultant with comprehensive geographic information for the study area, as either hard-copy plots to scale, or as GIS-based digital data.  Geographic information that is available includes, but is not limited to, parcel lot lines, cadastral property data, floodplains, wetlands, stream buffers, topography, slopes, aerial photography, density plotting, and so forth.

 

Providing the consultant with relevant Town Plans, studies, analyses, ordinances, public and private approved and pending development plans, as well as build-

out projection by block, and including projected additional dwelling units.

 

Project Budget, Compensation and Time Frame

 

Project Time Frame

 

Work on the project should commence within two (2) weeks of notice to proceed.  Work should not exceed nine (9) months from commencement of the project to submittal of materials for the Town Council meeting, approximately one month prior to that meeting.  If necessary, the proposal may suggest a modification of the time frame, with an explanation of the reasons to do so.

 

Budget and Compensation

 

The work will be performed on a fixed price basis.

 

 

VIII.    Content and Format of Proposals

 

Proposals should be bound (8.5”x11”) such that they lay flat when opened.  The following shall be addressed as a minimum, with sections tabbed with numbers as follows:

 

  1. Introductory Letter

§         Firm Name

§         Address

§         Contact Person

§         A clear and concise response as why the Town of Cary should select your firm for this work.

 

  1. Statement of qualifications of firm:

 

Firm experience and workload

§         A detailed description of similar projects successfully completed by the firm in the past three to five years and a detailed description of results of that work; include the name and telephone number of a contact person for each client who can verify the information provided;

§         Listing of all projects completed for the Town of Cary within the past five years;

§         Listing of current projects and percent complete.

 

Firm personnel experience

§         Name of project manager along with a resume and experience record.

§         A flow chart of team personnel who will actually be assigned to perform substantial amounts of the work on this project and the role of each.

§         Provide a resume and experience record for each person, including years of experience, education and anticipated amount of time each will actually work on this project and the location of each person.

 

Sub-consultant personnel experience

§         Names and addresses of any outside consultants or associates proposed to be involved with this project.

§         Include each proposed sub-consultants’ experience and qualification as described above for firm’s personnel.

 

  1. Project Approach

The proposal should be a detailed description of how the firm proposes to approach this project, including sufficient discussion of proposed methodologies, techniques, and procedures for each work item.  Provide a breakdown and description of tasks assigned per project team member. Describe the hierarchy of project management.  The work program should indicate the formats and number of meetings with Town staff that will be provided, and the timing and purpose of those meetings.

 

  1. Project Schedule

A proposed schedule and a method of assuring how it is met, including the name of the person responsible for schedule management. Include time frames for completion of the key tasks in each phase. If the proposed schedule is more than nine months, include an explanation for the extension.

 

  1. Budget Proposal

The Town of Cary will consider fee in its overall evaluation of the proposals.  The Town has exempted this project from the provisions of North Carolina General Statute 143-64.31 as it is in the best interests of the Town of Cary and its citizens to procure these services through a process of open competition.  In a separately sealed envelope, provide a not-to-exceed cost for all services including fees and expenses.  The budget proposal should break the not-to-exceed cost into several components:

    1. Itemized costs for the elements listed in the Project Description and Project Approach above.
    2. Costs for travel, meals, and lodging (for consultants traveling from outside the Raleigh-Durham metro area).
    3. If additional items beyond those outlines in the RFP are incorporated in the proposal, the estimated budget shall list those items separately.

 

Provide a separate fee schedule for supplemental charges that may be assumed at the discretion of the Town and through a future contract addendum.  These could include: fees for conducting additional public meetings, additional meetings with Town staff, additional stakeholder or community meetings, additional iterations or revisions, etc.

 

  1. Insurance

For the selected firm(s), the Town of Cary requires that the final approved contract for professional services specify that the selected firm shall maintain at all times during the term of the contract, at its sole expense:

 

    1. Statutory worker’s compensation in accordance with the laws of the state where such compensation would be payable.  Employers’ liability (Coverage B) with limits of not less than $500,000 per accident.
    2. Automobile liability insurance on any owned, non-owned or rental vehicle with the limits of at least $2,000,000 per occurrence combined single limit bodily injury and property management.
    3. Comprehensive general liability, including products liability, completed operations liability, blanket contractual liability, broad form  property damage and personal injury liability insurance with limits of at least $2,000,000 per occurrence combine single limit.
    4. Professional services liability for a limit of not less than $1,000,000 per occurrence.

 

The Town of Cary shall be named as additional insured and be provided with a certificate of insurance prior to the effective date of the contract or any renewal contract.  The Town of Cary shall be provided with all renewal certificates within 30 days of the expiration date of any and all policies listed on the certificate of insurance.

           

Questions regarding insurance requirements can be directed to Nicole Hussey, Risk Management Specialist, Town of Cary Finance Department, at (919) 462-3977.

 

IX.       Method of Evaluation

 

A panel of Town of Cary staff members will review the submitted proposals based on the evaluation factors noted.

 

1.      Firm experience/reputation/workload: Experience of the firm in similar work and record of success results.  Specifically, firms are expected to demonstrate experience in the following areas:

 

§         Planning affordable housing and knowledge of the CDBG Program.

§         Policies and strategies for working with consensus building with a focus around housing and community development initiatives.

§         Demonstrated understanding of inter-related concepts that may involve land use, zoning and compliance ordinances, and holistic community development and housing.

§         Ability to complete the project based on its current workload.

§         Demonstrate understanding of the Town’s goals and purpose for this project.

§         Clearly convey a specific management approach and in how the firm proposes to achieve the project’s time goal.

§         Ability to offer the breadth and quality of services required for the project will also be considered.

 

2.      Experience of the personnel assigned to the project team:  The Town of Cary will place considerable weight on the individual qualifications of the project team members who will be assigned the work on this project.  Considerations will include qualifications of key personnel, project team member’s individual experience and other qualifications, project manager’s experience, sub-consultants’ (if any) individual experience and other qualification.

 

3.      Response to the project objectives outlined in the RFP: This includes demonstrated understanding of scope of project, innovative suggestions that may increase the value of this project, demonstrated ability to present technical data in a user-friendly format with appropriate use of graphics.

 

4.   Adherence to the proposed format.

 

5.   Schedule: The proposed schedule for performing the work for the project. The selected firm must be in a position to begin work within two weeks for notice to proceed.

 

6.   Fee Proposal: The Town of Cary will consider the fees in the overall evaluation of the proposals.

 


X.        Selection Process and Schedule

 

Town of Cary staff will review all submitted proposals to determine those firms which will be granted an interview.  Following the interviews, staff will attempt to negotiate an agreement with the top ranked firm.  If an agreement cannot be reached with the top ranked firm, that firm shall be considered and staff will proceed with discussions with the second ranked firm. This process may be repeated as many times as necessary until an agreement can be negotiated that is satisfactory to both parties.

 

The Town reserves the right to reject any or all bid proposals, waive technicalities, and to be the sole judge of the suitability of the proposed services for its intended use and further specifically reserves the right to make the award in the best interests of the Town.

           

Mailing address and contact information:

 

Individuals responding to this solicitation should mail eight (8) hard copies and one digital copy of their proposal and direct all inquiries to:

 

Ms. Tracy Stone-Dino, Senior Planner  Phone:              (919) 380-2782

Town of Cary Planning Department                   Facsimile:         (919) 388-1103

316 N. Academy Street

Cary, NC 27513                                 

 

E-mail:  tracy.stone-dino@townofcary.org

 

 

 

 

In order to be considered, all proposals must be received no later than 5:00 p.m. on Friday, May 14, 2008.

 


XI.       Copyright Release

Those firms responding to the RFP shall supply a copyright release in order for staff to make copies of any copyrighted materials submitted.

 

XII.     Indemnification

For the selected firm(s), the Town of Cary requires that the final approved contract for professional services specify that the consulting firm agrees to indemnify and hold the Town of Cary harmless from and against any and all claims, losses, liabilities, costs, expenses, charges, and damages arising from, or related to, the contractual agreement, including but not limited to attorney’s fees, with respect to any cause arising out of, resulting from, or in connection with (a) any breach by the consulting firm of any clause, condition or provision of the contract; (b) any breach or violation by the consulting firm of any applicable criminal or civil law; or (c) any other cause resulting from any act or failure to act by the consulting firm in accordance with the contract. The consulting firm shall promptly assume the defense of any claim, suit or action within the scope of this indemnification at its expense, upon being notified thereof.

 

 

XIII.    Additional Information: Relevant Plans and Ordinance

 

2007 Population Report

The Town of Cary’s population report is prepared annually to provide greater detail on vital statistics, including: historical and current population data, population forecasts, demographics, and income characteristics.  It also contains the most current population and housing data available from the 2000 decennial census and annual count performed by the Town.  The 2007 Population Report is available online at http://www.towofcary.org/depts/dsdept/P&Z/populationreport.pdf

 

Land Development Ordinance

The Town of Cary Land Development Ordinance (LDO) addresses all aspects of development, including zoning, dimensional standards (height, bulk, setback, etc.), landscaping and buffer standards, appearance standards, and so forth.  The LDO is available online at http://www.townofcary.org/depts/dsdept/P&Z/ldo/ldooverview.htm

 

2008 Annual Action Plan

The Town of Cary is designated an Entitlement Community by the U.S. Department of Housing and Urban Development (HUD). The Town submits an Annual Action Plan each year that describes its funding priorities as it relates to the CDBG Program under Title I of the Housing and Community Development Act of 1974.  To obtain a copy of the 2008 Annual Action Plan, please contact the Planning Department.

 

 

 

 

 

XIV.        Federal Terms and Conditions for Professional Services

Section 1.         Compliance with Applicable Rules, Regulations and Laws

 

The Consultant and sub-consultants shall comply wit the applicable laws, ordinances and codes of the federal, state and town governments. The federal regulations include, but are not limited to the following:

 

A.                 OMB Circular A-110:  Uniform Administrative Requirements, which includes requirements for bonding and insurance, record retention, financial management systems, procurement, and conflict of interest prohibitions.

 

B.                 Titles VI and VII of the Civil Rights Act of 1964, which prohibit discrimination on the basis of race, color, or national origin.

 

C.                 Housing and Community Development Act of 1987, Section 109, which prohibits discrimination on the basis of race, color, national origin or sex for participation in any activity funded in whole or in part with Community Development funds.

 

D.                 Age Discrimination Act of 1975, which prohibits discrimination based on age in any activity funded in whole or in part with federal financial assistance.

 

E.                  Rehabilitation Act of 1973, Section 504, which requires federal grantees to make their programs and jobs accessible to disabled people.

 

F.                  American Disabilities Act, which prohibits employment discrimination against qualified individuals who have a physical or mental impairment that substantially limits one or more major life activities, by employers with 15 or more employees.

 

G.                 Drug-Free Workplace Act of 1988, which requires certification of drug-free workplace and specific procedures to ensure compliance.

 

 

Section 2.         APPLICABILITY OF CONTRACT PROVISIONS

 

The Consultant shall include or cause to be included in each sub-consultant covering any of the work covered by the contract, the provisions and conditions of the contract, and a clause requiring its sub-consultants to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made.  The Consultant is fully responsible for ensuring compliance.  The Consultant shall provide two (2) copies of any subcontract covering any of the work covered by the contract to the Town prior to reimbursement of funds expended under the contract. 

 

Section 3.         SHIFT OF FUNDS

 

Funds may be shifted between line items of the contract budget with upon notice to the Town, only to the extent that such action does not exceed ten percent (10%) of the total contract budget. If the cumulative total amount of such transfer exceed ten percent (10%), prior written Town approval is required.

 

Section 4.         Contract Amendment/Assignment

 

The duties and responsibilities set forth in the Consultant’s contract will not be modified or extended without written consent of the parties to this agreement.  Such modification shall be in the form of a contract amendment executed by the parties to the contract.

The Consultant shall not assign any interest in the contract or part thereof without the expressed written approval of the Town.

 

Section 5.         Reporting

 

The Consultant shall prepare and submit on an as-needed basis, but not more frequently than once a month or less frequently than once per quarter, a report of financial and performance activity.  This report shall be submitted on form CD-1, Activity/Expenditure Report; copies and instructions for completion of the form will be provided by the Town.  All costs for which reimbursement is requested on the CD-1 form will be in accordance with OMB Circular A-110, Uniform Administrative Requirements and supported by appropriate documentation.  Any item not substantiated will be deleted by the Town and the sum subtracted from the requested total.

 

Section 6.         Maintenance and Retention of Records

 

The Consultant shall maintain such records and accounts as are deemed necessary by the Town of Cary and HUD in accordance with OMB Circular A-110 to assure a proper accounting for all project funds.  The Consultant shall, as often as deemed necessary by the Town, HUD or the Office of the Inspector General of the United States, permit the Town, HUD, the Inspector General or any of their duly authorized representatives to have full access to and the right to examine any pertinent books, documents, papers and records of the Consultant involving transactions related to the contract, during the period of the contract and for three (3) years from the date of final payment, except as follows:

 

(a)                Financial records, supporting documents, statistical records, and all records pertaining to this contract shall be retained for three (3) years from the date of the final expenditure report or until after all litigations, claims, or audit findings started before the expiration of the 3-year period, have been resolved.

 

Financial records are to be maintained in such a manner as to provide for:

 

(a)                Records for cash receipts and payment that would enable auditors to track project expenditures for commitment through disbursement.

(b)               Grant by grant accountability for receipts and expenditures.

(c)                Filing system for maintaining original and supporting documentation, such as invoices, canceled checks, purchase orders, fee calculations, insurance and bonding, as required.

 

Section 7.         Procurement Standards

 

This paragraph provides standards for use by the Consultant in establishing procedures for the procurement of supplies, equipment, and other services with the funds made available under the provisions of the contract.

 

(a)                The Consultant shall be responsible for following the standards and guidelines for the procurement of supplies, equipment, and services set forth in the Office of Management and Budget Circular A-110, Subpart C, governing procurement practices for projects utilizing federal funds.  Consultant services provided under an independent contractor relationship are governed by Procurements Standards of OMB Circular A-110.  Consultants shall receive no more than a reasonable rate of compensation.

 

Section 8.         Conflict of Interest

 

No employee, officer or agent of the Consultant shall participate in the selection, award or administration of a sub-contract in which federal funds are used, where, to his knowledge he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment, has a financial or other interest in the firm selected for award.  The Consulting firm’s officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors.

 

With respect to Community Development programs, including the acquisition and disposition of real property, or the rehabilitation, preservation, and other improvements of private properties or facilities, or grants, loans and other assistance to businesses, individuals, and other private entities, no employee, agent, consultant, officer, or elected official or appointed official of the Consultant, or any designated public agencies or subcontractor, with respect to CDBG activities assisted with federal funds or who are in a position to participate in the decision-making process or gain inside information with regard to such activities, may obtain a personal financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. 

 

All parties to the contract and each of their agents and employees shall comply with all provisions of 24 CFR 570.611 and the OMB Circular A-110 (Uniform Administrative Requirements).

 

Section 9.         SECTION 3: Employment Opportunities for Businesses and Lower Income Persons

 

The work to be performed under the contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. Section 1701u).  Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

 

The parties to the contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued there under prior to the execution of the contract.  The parties to the contract certify and agree that they are under no contractual or other impediment which would prevent them from complying with these requirements. 

 

Non-compliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of the contract for default, and disbarment or suspension from future HUD-assisted contracts.

 

Section 10.       Equal Employment Opportunity Goals

 

During the performance of the contract the Consultant agrees as follows:

 

(a)                The Consultant shall not discriminate against any employee, or applicant for employment, because of race, religion, color, sex or national origin.  As used here, the words “shall not discriminate” shall mean and include without limitation the following:

 

Recruited, whether by advertising or other means; compensated, whether in the form of rates of pay, or other forms of compensation; selected for training, including apprenticeship; promoted; upgraded; demoted, downgraded; transferred; laid off; and terminated.

 

The Consultant agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Recipient’s officers setting forth the provisions of the EEO clause.

 

(b)               The Consultant shall, in all solicitations or advertisements for employees, placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin.

(c)                The Consultant shall take such action with respect to any subcontractor as the Town may direct as a means of enforcing the provision of paragraphs (a) through (d) herein, including penalties and sanctions for noncompliance. 

(d)               The Consultant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, federal contracts pursuant to said executive order and will carry out such sanctions and penalties for violations of the equal opportunity clause as may be imposed upon contractors or subcontractors by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the executive order.  In addition, the Consultant agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee, refrain from extending any further assistance to the Consultant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Consultant; and refer the case to the Department of Justice for appropriate legal proceedings.

 

 

Section 11.       Nondiscrimination under Title VI of the Civil Rights Act of 1964

 

The Contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (PL 88-352) (the Act) and HUD regulations promulgated under the Act (including those under 24 CFR Part I) (the Regulations).  The Act and Regulations provide that no person(s) shall on the grounds of race, sex, color, religion or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.  The Consultant in undertaking its obligation under this Agreement hereby agrees to adhere to the provisions of the Act and Regulations and to take all measures necessary to assure compliance with the Act and Regulations by their firm and all subcontractors acting under the recipient of the contract. 

 

 

Section 12.       Reversion of Assets

 

Upon the expiration or termination of the contract, all Community Development Block Grants (CDBG) funds remaining on hand and any accounts receivable attributable to the use of CDBG funds, shall be transferred to the Town of Cary CDBG program, excepting funds which are to be retained by the Consultant for specific purposes and in accordance with procedures set forth in the contract.