SECTION 1. SCOPE OF SERVICES
1.1 The City of Lancaster, an Ohio municipal corporation (“City”), by and through its Community
Development Department (“CDD”) is issuing this Request for Proposals (“RFP”) to seek proposals
from qualified organizations to administer the Community Housing Investment Program (CHIP)
grant, pursuant to the guidelines set forth by The Ohio Department of Development, Office of
Community Enhancements, Program Policy Notice: OCD 15-02. The purpose of this RFP is to solicit
proposals for the management and distribution of the CHIP grant funds to ensure that affordable
housing is developed and preserved in the Lancaster, Ohio area.
Upon review of all qualified proposals submitted, a consultant will be selected by the City
(“Contractor”) who shall function as a contractual agent of the City pursuant to the terms of this
RFP, which shall be memorialized in a contract to be executed by the parties at a later date
(“Agreement”).
1.2 The expected product of Community Housing Impact and Preservation Program shall meet, at a
minimum, the requirements of the U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) Program (Small Cities Program) and the
Department’s HOME Program, as well as, the Ohio Department of Development, Office of
Community Enhancements (OCE).
1.3 A more detailed scope of services is included in this RFP under the title “Detailed Specifications.”
SECTION 2. TERM
2.1 The services of the Consultant will begin upon the signing of the contract and will terminate
following the preparation of the final request for release of funds needed under the PY 2023 CHIP
Program for the City of Lancaster.
SECTION 3. OPTIONAL RENEWAL PERIODS
3.1 There is no option for renewal.
SECTION 4. TERMINATION
4.1 Termination for Cause. If the Contractor, for any reason, fails to timely and properly perform as
required under the Agreement, or if the Contractor violates any of the covenants or conditions of
the Agreement, the City shall have the right to terminate the Agreement upon providing the
Contractor with thirty (30) days written notice. In such event, all finished or unfinished
documents, data, studies and reports prepared by the Contractor under the Agreement shall, at
the option of the City, become property of the City and the Contractor shall be entitled to receive
equitable compensation for any work satisfactorily completed. Notwithstanding the above, the
Contractor shall not be relieved of liability for damages suffered by the City by virtue of any breach
of the Agreement by the Contractor, and the City may withhold any payments to the Contractor
in satisfaction of those damages until such time as the exact amount of damages due the City
from the Contractor is determined.
SECTION 5. COMPENSATION AND METHOD OF PAYMENT
5.1 The City shall make payments to the Contractor in accordance with the “Fee Schedule” listed in
Section 16 below titled “Pricing,” upon the Contractor’s submission of a “City of Lancaster, Claim
Voucher – Invoice” specifying the required services that have been performed, accompanied by
data satisfactory to the City to document entitlement of payment.
SECTION 6. SUBCONTRACTING
6.1 None of the work or services covered by the Agreement shall be subcontracted to a third party
without prior written approval from the City. Any work or services subcontracted hereunder shall
be specified, in writing, and approved by the City before execution, and any subcontractor
contract shall expressly provide that it is subject to the terms of the Agreement.
SECTION 7. ASSIGNABILITY
7.1 The Contractor shall not assign or transfer any right or interest under the Agreement without the
prior written consent of the City; provided, however, that the claims for money due or to become
due the Contractor from the City under the Agreement may be assigned to a bank, trust company,
or other financial institution. Notice of any such assignment or transfer shall be timely furnished
to the City.
SECTION 8. COMPLIANCE WITH LAWS, POLICIES AND GOVERNMENTAL REGULATIONS
8.1 In performance of services under the Agreement, the Contractor shall comply with any and all
applicable statutes, ordinances, regulations and rules set forth under federal, state or local law.
8.2 The Agreement is subject to the provisions of the City’s Equal Employment Opportunity Program.
8.3 Any notices, approvals, authorizations, waivers, instructions or determinations that are required
under the Agreement shall be effective only when given either (1) in writing and signed by the
City or (2) by general issuance or regulations issued from time-to-time by the City.
8.4 The contractor agrees to comply with all applicable federal, state, and local laws prohibiting
discrimination on the basis of race, color, religion, sex, national origin, familial status, disability,
and age in the performance of this contract, including the Fair Housing Act, and shall not
discriminate in any manner against any person in the employment practices or in the provision of
goods or services related to this contract.
8.5 The consultant shall agree that its performance of administering the CHIP program is in
compliance with the various Federal and State regulations as they relate to the scope of services
rendered, including but not limited to application provisions of:
(a) The Davis-Bacon Act as amended (40 U.S.C. 3141-3148);
(b) The Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708);
(c) The Equal Employment Opportunity provisions of 41 CFR Part 60;
(d) The Debarment and Suspension provisions set forth in Executive Orders 12549 and 12689
including checking the System for Award Management (SAM);
(e) The Byrd Ant-Lobbying Amendment (31 U.S.C. 1352);
(f) The Clean Air Act (42 U.S.C. 7401-7671);
(g) The Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements provisions of 37 CFR
Part 401;
(h) The Federal Water Pollution Control Act (33 U.S.C. 1251-1387);
(i) The Solid Waste Disposal Act Section 6002;
(j) The prohibitions on certain telecommunications and video surveillance services or
equipment provisions at 2 CFR 200.216;
(k) Section 109 of the Community Development Act of 1974;
(l) Section 504 of the Rehabilitation Act of 1973;
(m) Title I of the Civil Rights Act of 1964;
(n) The Copeland Anti-Kick Back Act (18 U.S.C. 874); and 15) Section 3 of the Housing & Urban
Act of 1968, as amended by, 12 U.S.C. 170, and regulations issued pursuant thereto by
the Secretary of Housing & Urban Development set forth in 24 CFR, Part 135.
In addition, preferences shall be given for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products.
Moreover, the selected consultant will take all necessary affirmative steps to assure that minority
businesses, women’s business enterprises, and labor surplus area firms are used when possible,
per 2 CFR 200.321. Also, contractor must ensure compliance with Section 3 Requirements of the
Housing and Urban Development Act of 1968 per 24 CFR 135 to provide economic opportunities
to low and very low income persons.
SECTION 9. HOLD HARMLESS
9.1 The Contractor will indemnify, defend, protect and hold the City harmless from any of its acts,
errors, or omissions that result in any loss, claim, expense, action, cause of action, damages,
and/or obligations, financial or otherwise, incurred by the City arising from the Contractor’s
performance under the Agreement, be it through its work or its agents, employees, licenses, or
invitees.
SECTION 10. REPORTS, INFORMATION, AND AUDITS
10.1 The Contractor, at such times and in such form as the City may require, shall furnish the City with
monthly reports pertaining to the work or services undertaken pursuant to the Agreement, the
costs and obligations incurred or to be incurred in connection therewith, or any other matters
covered by the Agreement. The Contractor shall retain all financial and administrative records for
a minimum of three (3) years following completion of the Agreement and shall permit the City or
any of their representatives or auditors’ access to such records.
SECTION 11. CONFLICT OF INTEREST
11.1 No officer, employee, or agent of the City who otherwise has a fiduciary duty to the City, nor any
immediate family member, close business associate, or organization which is about to employ
any such person, shall have any pecuniary or financial interest, direct or indirect, in the Contractor
or in the Agreement. The Contractor shall take reasonable and appropriate steps to assure
compliance with this provision.
11.2 The Contractor agrees that it will not contract with any subcontractor in which it has any financial
interest, direct or indirect. The Contractor further covenants that in the performance of the
Agreement no person having any conflicting interests shall be employed.
SECTION 12. INSURANCE
12.1 It shall be the responsibility of the Contractor to protect the Contractor, subcontractors, and the
City from liability claims that may arise from the Contractor’s acts, omissions, or operations
carried out in connection with the Agreement.
12.2 The Contractor shall secure and bear sole responsibility for any required insurance coverage,
including but not limited to Workers Compensation Insurance, Public Liability Insurance, as well
as any other insurance which the Contractor and City mutually determine to be necessary to carry
out the provisions of the Agreement. Neither the insurance coverage to be obtained hereunder
nor the insurance carrier may be changed or canceled unless the City is notified in writing no less
than thirty (30) days prior to such change or cancellation. If any part of the Agreement is
subcontracted, the Contractor is responsible for the part sublet being adequately covered by
insurance as specified herein. Proof of coverage shall be provided to the City by one of the
following:
(a) Policy or policies naming the Contractor, its subcontractors and the City as
insured; or,
(b) Certificate of Insurance, executed by the insuring company or its authorized agent
indicating that the Contractor has the specified coverage with the City as an
additional insured under the public liability insurance policy pursuant to the
terms and conditions of the Agreement.
SECTION 13. SEVERABILITY
13.1 In the event that any provision of the Agreement is declared or determined to be unlawful, invalid
or unconstitutional, such declaration shall not affect, in any manner, the legality of the remaining
provisions of the Agreement, and each provision of the Agreement will be and is deemed to be
separate and severable from each other provision.
SECTION 14. OWNERSHIP RIGHTS
14.1 Ownership rights to all Systems, programs, manuals, forms, or development work done by the
Contractor shall remain with the City as the owner of the CHIP grant.
SECTION 15. FORCE MAJEURE
15.1 The Contractor shall not be liable for any delay or failure in the performance of its obligations
hereunder caused by strikes or other labor disputes or other public disorders, or governmental or
legal regulations or prohibitions, fire or other casualty, or other causes beyond its control.
SECTION 16. PRICING & CRITERIA
16.1 The City prefers an uncomplicated fee structure. Fees may be based on the number of EMS runs
invoiced, dollars collected, a combination of the two methods or another method proposed by
the bidder. Bidders shall use the space below to identify their method of calculating fees and the
method of calculating the fee structure.
16.2 The City reserves the right to increase its fee structure during the term of the Agreement.
16.3 The estimated number of CHIP projects to be completed with allotted funds is five; all to be
completed in 2025.
16.4 Proposed Fee Structure and Method for Calculating fees:
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If additional space is required, please attach document(s) to this page as necessary.
16.5 In addition to any other rights set forth in the Agreement, the City reserves the right to:
a) Waive formalities required in the RFP;
b) Request additional information from bidders;
c) Reject any and all bids and to accept or reject components of any bid;
d) Supplement, amend, or otherwise modify the terms or schedules set forth herein; and
e) Conduct all investigations and background checks necessary for adequate evaluation.
16.6.1 Awarding Criteria. In addition to other factors, the City shall consider the following factors in
awarding this contract:
a) Demonstrated experience managing federal and/or state housing development and rehabilitation
programs, including grant administration and compliance;
b) Knowledge of federal, state, and local regulations related to affordable housing, including labor
standards, environmental reviews, and financial management;
c) Size of accounts serviced;
d) References;
e) Proven ability to develop and maintain relationships with government agencies, contractors, and
community stakeholders
f) Capacity to provide ongoing technical assistance and project oversight to multiple grantees or
sub-recipients.
g) Completeness of proposal;
h) Maintenance of office within Ohio capable of promptly addressing issues that may arise in
connection with the Agreement and meeting all requirements hereunder; and
i) The ability to address customer and public concerns courteously and promptly regarding the
Agreement and its implementation.
SECTION 17. CONTRACT EXECUTION
17.1 The successful bidder shall be notified of the City’s selection by delivery of a “Notice of Award”
from the City. Accompanying the “Notice of Award” will be a copy of the Agreement, which must
be properly executed and returned to the City within ten (10) business days of receipt of the
“Notice of Award.” No modification of the Agreement will be permitted.
SECTION 18. MODIFICATION
18.1 The City will be bound only by the written terms and conditions of the Agreement, which together
with the bid documents constitute the entire agreement between the parties, unless modified.
The Agreement may not be modified be verbal statements or agreements. Any modification
proposed after the Agreement is executed shall be in writing signed by the parties.
SECTION 19. FISCAL FUNDING
This page summarizes the opportunity, including an overview and a preview of the attached documents.