Request for Proposals No Place Like Home (“NPLH”) Competitive Round 4 and Non-Competitive Allocation

The Sonoma County Community Development Commission (Commission) is soliciting proposals from qualified Respondents for the planning, design, construction and long-term management of facilities that will provide Permanent Supportive Housing for persons living with a serious mental illness that are Chronically Homeless, Homeless, or At-Risk of Chronic Homelessness.  The Commission intends to identify and select Respondents and projects to jointly submit applications to Round 4 of the NPLH program of the California Department of Housing and Community Development.  The Commission also will be awarding a Non-Competitive Allocation of $3,935,834.
Qualified Respondents will demonstrate organizational capacity and experience with successful, high-quality affordable housing developments, property management and providing services to people experiencing and transitioning from homelessness.
This document contains background information about the No Place Like Home Program, and the parameters of the selection process that will be used to identify potential partners and projects for submission to both Round 4 and the Non-Competitive Allocation.
Proposals may be submitted immediately and will be accepted until the deadline for the Noncompetitive Allocation or January 31, 2022, and any time after that until funds are exhausted.

Background Information

On July 1, 2016, Governor Brown signed landmark legislation enacting the No Place Like Home program to dedicate up to $2 billion in bond proceeds to invest in the development of permanent supportive housing for persons who are in need of mental health services and are experiencing homelessness, chronic homelessness, or who are at risk of chronic homelessness. The bonds are repaid by funding from the Mental Health Services Act (MHSA). In November 2018 voters approved Proposition 2, authorizing the sale of up to $2 billion of revenue bonds and the use of a portion of Proposition 63 taxes for the NPLH program.
Key features of the program include:

• Counties are eligible applicants (either alone or with a housing development sponsor).
• Funding for permanent supportive housing must utilize low barrier tenant selection practices that prioritize vulnerable populations and offer flexible, voluntary, and individualized supportive services.
• Counties must commit to provide mental health services and help coordinate access to other community-based supportive services.

Program and Project Objectives

The loss of nearly 5,500 homes in the City of Santa Rosa and Sonoma County as a result of the fire disasters of October 2017 and October 2019 exacerbated an already existing housing shortage, especially for low- and very low-income households.  Sonoma County is also experiencing a severe shortage of Permanent Supportive Housing units that serve those experiencing homelessness, chronically homeless individuals, and those at risk of chronic homelessness.  The Commission and the Sonoma County Board of Supervisors have prioritized production of housing with special emphasis on low- and very-low-income households and housing for people experiencing homelessness.
The objective of this Request for Proposals is to identify and select the most qualified Respondents and projects to participate as co-applicants with Sonoma County in the third competitive NPLH funding round to expand the number of Permanent Supportive Housing units serving the Target Population (as defined, below).

Scope of Services

The following section describe the purpose and objectives of the program. Qualified Respondents will demonstrate that they can carry these objectives out successfully.

Purpose

To acquire, design, construct, rehabilitate, or preserve permanent supportive housing for persons who are experiencing homelessness, chronic homelessness and who are at risk of chronic homelessness, and who are in need of mental health services.

Target Population

Adults with serious mental illness, or children with severe emotional disorders and their families and persons who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality or violence and who are homeless, chronically homeless, or at risk of chronic homelessness.
At risk of chronic homelessness includes persons who are at high risk of long-term or intermittent homelessness, including persons with mental illness exiting institutionalized settings with a history of homelessness prior to institutionalization, and transition age youth experiencing homelessness or with significant barriers to housing stability.

Affordability

The NPLH program units must be affordable at 30% of AMI.
The program guidelines require a Respondent to elect and disclose whether the project will seek to participate in an application to the California Tax Credit Allocation Committee.
Submissions should explain how affordability will be achieved, including sources of financing other than 4% and 9% tax credits.

Collaboration with the Commission

The Commission will consider applications where the Respondent is the Development Sponsor and jointly applies with the County.  A Development Sponsor is defined as an individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, or other legal entity, or any combination thereof, certified by the California Department of Housing and Community Development as qualified to own, manage, and rehabilitate a Rental Housing Development. A Development Sponsor may be organized for profit, limited profit or be nonprofit, and includes a limited partnership in which the Development Sponsor or an affiliate of the Development Sponsor is a general partner.

Property Management and Support Services

The Lead Service Provider may be the County, Respondent, or a partner agency.  The Lead Service Provider must have three or more years of experience serving persons in the Target Population.  It must include either experience serving persons in permanent supportive housing, and/or helping persons address barriers to housing stability or providing other support services related to housing retention.

Respondent Qualifications

Overall Capacity

The Commission seeks Respondents with substantial financial capacity, access to credit, and real estate development experience; property management experience with affordable housing and permanent supportive housing; and experience acting as or partnering with a Lead Service Provider for facilities that serve persons suffering from a serious mental illness who are Chronically Homeless, Homeless or At Risk of Chronic Homelessness.

Financing and Development

Interested parties should submit financial statements and other evidence of bank relationships sufficient to demonstrate financial strength. Respondent should identify any documents that are proprietary, so as to ensure that they are not subject to disclosure as public records.

Lead Service Provider

Respondents should clearly identify the background and qualifications of the Lead Service Provider.

Track Record with Quality Development Projects

Respondents should provide information and descriptions of past development projects, including photographs, sample project data, examples of financial modeling, and how such past projects or buildings have performed since initial construction. Information that clearly demonstrates the ability to execute quickly should be highlighted.

Successful Property Management Experience

The Commission is seeking Respondents with experience effectively managing completed properties, whether in-house or in partnership with a qualified third-party property management company. This includes affirmatively marketing available units to historically under-served and non-English speaking populations, demonstrating a clear commitment to the principals of fair housing, and designing lease requirements to ensure that a peaceful and safe environment is maintained for tenants and neighbors of the property.

Development Standards and Entitlement

Each Respondent must clearly demonstrate the current zoning, general plan conformance, and entitlement status of the proposed project site that is the subject of their application.  The Respondent shall also present the status of the proposed project with respect to the California Environmental Quality Act (CEQA) and their proposal for securing CEQA clearance.  To the extent that there may be federal funds involved in the project, respondents should also present the status of the project with respect to the National Environmental Policy Act.

Summary of Respondent and Commission Responsibilities

The Commission and the successful Respondent shall collaborate to compile and submit the NPLH applications by the applicable deadlines (January 21, 2022 for Round 4 and February 1, 2022 for the Noncompetitive Allocation.

Upon successful award from the NPLH, the Commission anticipates that the successful Respondent will undertake the following:

• Establish an effective and collaborative partnership with the Commission.
• Work collaboratively with the community during the planning and development process.
• Prepare a development plan which meets the Commission’s development objectives and incorporates input from the applicable jurisdiction.
• Lead and manage the land use and environmental entitlement process.
• Negotiate and execute a Standard Agreement and a Memorandum of Understanding.
• Secure all regulatory permits for the proposed project from local planning and entitlement jurisdiction.
• Close escrow and secure the subject property (in the event that the property is not already owned or controlled by the Respondent).
• Design, permit and construct the improvements including design review and building permit approval from the applicable jurisdiction and other relevant public agencies.
• Provide property management services for the facility.
• Act as the Lead Service Provider or execute an agreement with a Lead Service Provider.

To assist and support the successful Respondent, the Commission shall:

• Work with Respondents to prepare, negotiate, and execute all agreements
• Support the Respondent’s efforts in community outreach, permitting and entitlements and other project activities.

Submission Requirements

General Instructions:

To receive consideration, proposals shall be made in accordance with the following general instructions:

• The completed proposal shall be without alterations or erasures.
• No oral or telephonic proposals will be considered.
• The submission of a proposal shall be an indication that the proposer has investigated and satisfied him/herself as to the conditions to be encountered, the character, quality and scope of the work to be performed, and the requirements of the CDC, including all terms and conditions contained within this RFQ.

Due Date

Applications will be accepted on a first come basis up until the deadline for submittal to HCD for the Non-Competitive Allocation of January 31, 2022, and any time after that until funds are exhausted. Applications will be acceptedin the following formats:

• One (1) emailed copy to Paul.Osmundson@sonoma-county.org

For questions or issues regarding the submission of this proposal, please contact:

Paul Osmundson
Special Projects Director
Paul.osmundson@sonoma-county.org\

Format and Contents

For ease of review and to facilitate evaluation, the Proposal for this project should be organized and presented in the following order:

1. Signed Cover Sheet

2. Proposal Overview

   The proposal should include a description of the conceptual plan of the development being proposed which should include the following:

   • Descriptive narrative, including the proposed resident population being targeted.
   • Appropriate services to be provided by the Lead Service Provider.
   • Development size and density, property description, number and type of units.
   • Proposed process for obtaining community support and/or undertaking community design process.
   • Development timeline, and strategies to expedite delivery of the Project.
   • Property management approach and experience, including fair housing affirmative marketing strategies.

3. Financing Plan, Cost Assumptions and Project Economics

   • The proposal should include all development sources and uses, including funding sources and amounts of funding anticipated to be used to develop the project (and information regarding restrictions on such funds).  Sources should include permanent financing, owner equity, 4% and 9% tax credits, other public funding sources.
   • Indicate what other funding sources, including any federal, state or local funding which can be accessed to create additional affordable housing.  Describe in detail the timing and implementation of these funds.

4. Project Affordability

   • Indicate the mix of affordable and market rate units using the following format:

   	Sq. Ft.	30%
   Studio
   1 Bedroom
   2 Bedroom
   3 Bedroom

5. Organizational Information

   • Provide specific information concerning the applicant organization, including the legal name, address and telephone number, and the type of entity (sole proprietorship, partnership, or corporation and whether public, non-profit or private). Include the name and telephone number of the person(s) in the company authorized to execute any proposed agreement, and designate a person to be the point of contact for the Commission for this process.
   • Identify the development team that will be assigned to this project, and include their resume.
   • Debarment or other disqualification: Disclose any debarment or other disqualification as a vendor for any federal, state or local entities. Describe the nature of the debarment/disqualification, including where and how to find complete information on any such debarment or disqualification.

6. Disclosure of ongoing litigation

   • Please clearly describe any ongoing litigation involving your organization.
   • The nature of ongoing litigation will be weighed on a case-by-case basis and may be taken into consideration in the evaluation of your proposal.

Timeline

The following schedule is subject to change. If the timeline is changed, all known recipients of the original RFP will be notified of new dates, and any such changes will also be posted on the Commission’s website

Selection Criteria

All proposals received by the specified deadline will be reviewed by the Commission for content, including but not limited to fee, related experience and professional qualifications of the bidding consultants.
All proposals received by the specified deadline will be reviewed by the Commission for content and completeness using the following scoring criteria: 

Corrections and Addenda

• If a Respondent discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Respondent shall immediately notify the contact person of such error in writing and request clarification or modification of the document.  Modifications will be made by addenda as indicated below to all parties in receipt of this RFP.
• If a Respondent fails to notify the contact person prior to the date fixed for submission of proposals of a known error in the RFP, or an error that reasonably should have been known, the Respondent shall submit a proposal at their own risk, and if the Respondent is awarded a contract they shall not be entitled to additional compensation or time by reason of the error or its subsequent correction.
• Addenda issued by the Commission interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated in the proposal.  The proposer shall submit the addenda cover sheet with the proposal and deliver them to the Commission.  Any oral communication by the Commission’s designated contact person or any other Commission staff member concerning this RFP is not binding on the Commission and shall in no way modify this RFP or any obligations arising hereunder.

Additional Information

The Commission may, during the evaluation process, request from any Respondent additional information which the Commission deems necessary to determine the Respondent’s ability to perform the required services.  If such information is requested, the Respondent shall be permitted three (3) business days to submit the information requested.

Reservation of Rights

The issuance of this RFP does not constitute an agreement by the Commission that any contract will actually be entered into by the Commission. The Commission expressly reserves the right at any time to:

• Waive or correct any defect or informality in any response, submittal, or submittal procedure.
• Reject any or all submittals.
• Re-issue an RFP or change deadline dates.
• Modify all or any portion of the selection procedures, prior to the submission deadline, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the submittals.

The Commission reserves the right to select the proposal(s) which in its sole judgment best meets the needs of the Commission and to award to only one or multiple qualified submittals.  The proposed cost is neither the sole nor the primary criterion for recommending contract award.  The Commission also makes no guarantee of any or equal amounts of work.
All data and information furnished by Commission or referred to in this RFP are furnished for the respondent’s convenience. The Commission does not guarantee that such data and information are accurate and assumes no responsibility whatsoever as to its accuracy or interpretation. Respondents shall satisfy themselves as to the accuracy or interpretation of all such information and data.
The Commission reserves the right to negotiate any price or provisions and accept any part, or all parts of any or all submittals, whichever is in the best interest of the Commission.
All respondents submit their statements to the Commission with the understanding that the final approval of any agreement is contingent upon and subject to review and final approval by the Board of Supervisors.

Confidentiality

All submittals shall be deemed public records with the exception of financial statements and other evidence of bank relationships sufficient to demonstrate financial strength referenced in the Developer Qualifications section above.  In the event that a Respondent desires to claim portions of its submittal exempt from disclosure, it is incumbent upon the Respondent to clearly identify those portions with the word “confidential” printed on the lower right-hand corner of the page. The Commission will consider a Respondent’s request for exemption from disclosure; however, the Commission will make a decision based upon applicable laws. Assertions by a Respondent that the entire submittal or large portions are exempt from disclosure will not be honored. If The Commission rejects a request for exemption from disclosure, the Commission shall notify Respondent of such rejection prior to evaluation of responses. The Respondent may elect in writing to withdraw its submittals prior to evaluation of responses by County, or, if no such election is made, Respondent shall be presumed to have elected to proceed without exemption from disclosure. All responses to this RFP shall become the property of the Commission and will be retained or disposed of accordingly.
The Commission will endeavor to restrict distribution of material designated as confidential to only those individuals involved in the review and analysis of the proposals. Respondents are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Respondents are advised that the Commission does not wish to receive confidential or proprietary information and those proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any proposal submitted are labeled confidential or proprietary, the proposal shall include the following clause:

• [Legal name of Respondent] shall indemnify, defend and hold harmless the Sonoma County Community Development Commission, its officers, agents and employees from and against any request, action or proceeding of any nature and any damages or liability of any nature, specifically including attorneys’ fees awarded under the California Public Records Act (Government Code §6250 et seq.) Arising out of, concerning or in any way involving any materials or information in this proposal that [legal name of Respondent] has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record.

Non-liability of County

The Commission shall not be liable for any pre-contractual expenses incurred by any respondent. The Commission shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.

Proposal Alternatives

Respondents may not take exception or make material alterations to any requirement of the RFP. Alternatives to the RFP may be submitted as separate proposals and so noted on the cover of the proposal. The Commission reserves the right to consider such alternative proposals, and to award an agreement based thereon if it is determined to be in the Commission’s best interest and such proposal satisfies all minimum qualifications specified in the RFP. Please indicate clearly in the proposal that the proposal offers an alternative to the RFP.

Lobbying

Any party submitting a proposal or a party representing a proposer shall not influence or attempt to influence any member of the selection committee, any member of the Board of Commissioners, or any employee of the Sonoma County Community Development Commission or the County of Sonoma, with regard to the acceptance of a proposal. Any party attempting to influence the RFP process through ex-parte contact may be subject to rejection of their proposal.

Form of Agreement

No agreement with the Commission shall have any effect until a contract has been signed by both parties. Pursuant to Sonoma County Code Section 1-11, Commission personnel are without authorization to waive or modify agreement requirements. A sample of the agreement is included as Attachment A hereto. Proposers must be willing to provide the required insurance and accept the terms of this sample agreement. With few exceptions, the terms of the Commission’s standard agreement will not be negotiated. Indemnification language will not be negotiated.
Proposals submitted shall include a statement that (i) the proposer has reviewed the sample agreement and will agree to the terms contained therein if selected, or (ii) all terms and conditions are acceptable to the proposer except as noted specifically in the proposal. A proposer taking exception to the Commission’s sample agreement must also provide alternative language for those provisions considered objectionable to the proposer. Please note that any exceptions or changes requested to the Agreement may constitute grounds to reject the proposal.
Failure to address exceptions to the sample agreement in your proposal will be construed as acceptance of all terms and conditions contained therein. Submission of additional contract exceptions after the proposal submission deadline may result in rejection of the consultant’s proposal.

Duration of Proposal; Cancellation of Awards; Time of the Essence

All proposals will remain in effect and shall be legally binding for at least ninety (90) days.
Unless otherwise authorized by the Commission, the selected Respondent will be required to execute an agreement with the Commission for the services requested within ninety (90) days of the Commission’s notice of intent to award. If agreement on terms and conditions acceptable to the Commission cannot be achieved within that timeframe, or if, after reasonable attempts to negotiate such terms and conditions, it appears that an agreement will not be possible, as determined at the sole discretion of the Commission, the Commission reserves the right to retract any notice of intent to award and proceed with awards to other consultants, or not award at all.

Withdrawal and Submission of Modified Proposal

A Respondent may withdraw a proposal at any time prior to the submission deadline by submitting a written notification of withdrawal signed by the proposer or his/her authorized agent. Another proposal may be submitted prior to the deadline. A proposal may not be changed after the designated deadline for submission of proposals.
Notice of Intent to Award and Protest Period
Any directly affected party who is aggrieved in connection with this award may file a protest regarding the action.  Such protest must be filed in writing with:
Sonoma County Community Development Commission
Attn: Interim Executive Director
1440 Guerneville Road
Santa Rosa, CA 95403
Protests must be filed within seven (7) calendar days from the date of the Notice of Intent to Award. Failure to timely file a protest shall constitute a waiver of any right to protest. Untimely protests will not be accepted or considered. Any protest shall:

• State in detail each and every ground asserted for the protest, citing to the law, rule, local ordinance, procedure or bid provision on which the protest is based; and
• Identify the remedy sought.  Any party submitting a proposal or a party representing a proposer shall not influence or attempt to influence any member of the selection committee, any member of the Board of Supervisors, or any employee of the County of Sonoma, with regard to the acceptance of a proposal.  Any party attempting to influence the RFP process through ex-parte contact may be subject to rejection of their proposal.

Attachments

• Sample Insurance Requirements
• No Place Like Home Round 4 Notice of Funding Availability (NOFA)
• Amended Noncompetitive Allocation Notice of Funding Availability (NOFA)
• Development Sponsor Authorizing Resolution Format
• HCD NPLH