HOME-American_Rescue_Plan-II.pdf

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City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

HOME-American Rescue Plan-II

26-P-00002

Housing & Community Development

Arian Cora, Procurement Analyst

2555 E. Hanna Ave

Tampa, FL 33610

Phone: (813) 274-5743

Table Of Contents

1. NOTICE

2. SCOPE OF SERVICES

3. PROPOSER REQUIREMENTS

4. GENERAL CONDITIONS

5. INSURANCE REQUIREMENTS

6. CONTENT OF PROPOSALS

7. EVALUATION

8. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

9. ATTACHMENTS & EXHIBITS

Attachments:

A - DMI-30-Form-Payment-Package-or-Final-with Invoices_SLBE_ADA

B - DMI-40-Form-LOI-Letter-of-Intent_SLBE_ADA

C - DMI-71-Form-for-RFQ-RFP-Evaluation-Points-V5-SLBE_ADA

D - ADA Requirements

1. NOTICE

1.1. REQUEST FOR PROPOSALS

Sealed proposals for HOME-American Rescue Plan-II, RFP # 26-P-00002 will be received by the Director of Purchasing, City of

Tampa, until Monday, May 18, 2026; 3:00 pm: then to be opened.

In accordance with the Americans with Disabilities Act (“ADA”) and Section 286.26, Florida Statutes, persons with disabilities needing a reasonable accommodation to participate in these public hearings or meetings should contact the City of Tampa’s ADA Coordinator at least 48 hours prior to the proceeding. The ADA Coordinator may be contacted by phone at 813-274-3964, email at

TampaADA@tampagov.net, or by submitting an ADA - Accommodations Request online form available at https://tampagov.net/ADARequest. Please note that the City of Tampa may not be able to accommodate any request received less than 48 hours before the scheduled hearing or meeting.

Attached are important instructions and specifications regarding responses to this Request for Proposals. Failure to follow these instructions may result in Proposer’s disqualification.

Questions regarding Vendor Registration, accessing RFP documents or submission assistance within the OpenGov eProcurement Portal shall be directed to procurement-support@opengov.com. Reference RFP # and name in email subject line. Questions pertaining to the

RFP document/specifications will be accepted up to ten business days prior to the scheduled opening date and time and shall be submitted within the OpenGov Portal. Per the City of Tampa’s Communication Policy during any solicitation period including any protest and/or appeal, there should be no contact with City officials or employees, other than Arian Cora (arian.cora@tampagov.net) permitted from any Proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal.

Proposals shall be accepted no later than the time and date specified above. The RFP Opening shall be thereafter and published on the

OpenGov portal. All proposals received after the due date and time shall be rejected. Offers by mail, hand delivery or express mail, telephone, email or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the OpenGov eProcurement Portal. No file shall have a special character. No proposal may be withdrawn or modified after the time fixed for the opening of proposals.

Electronic submittals shall be performed in the OpenGov Portal via link https://procurement.opengov.com/portal/cityoftampa. To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Proposer submit their documents with adequate time allowed prior to the deadline. Proposer shall receive an email confirmation of their proposal submittal after clicking on the "Submit" button in the portal. The Proposer shall be responsible for confirming that their submittal is received by the deadline. Any submittal received after the closing date and time will not be considered.

1.2. PRE-PROPOSAL CONFERENCE

A PRE-PROPOSAL CONFERENCE will be held at 1:00 pm,Monday, April 20, 2026, at 3rd Floor Large T&I conference room, 2555 E Hanna Ave, Tampa, FL 33610 to discuss the above referenced subject.

BRING A COPY OF THIS RFP TO THE MEETING.

City of Tampa buildings are controlled access buildings, and all visitors are required to obtain a Visitor's Pass prior to entering.

1.3. INSTRUCTIONS

City of Tampa solicitations are issued electronically via the OpenGov eProcurement Portal. Obtaining solicitations through the portal will ensure that proposers will have the following capabilities: receipt of solicitation documents electronically, track the status of solicitation award activity, receive addenda, receive the results of solicitation awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than OpenGov are cautioned that the solicitation packages may be incomplete.

The City will not accept incomplete proposals. Contact OpenGov at procurement-support@opengov.com for more information.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the OpenGov eProcurement Portal. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication and solicitation submittals between the City and its proposers. OpenGov is an independent entity and is not an agent or representative of the City. Communications to OpenGov does not constitute communications to the City. Contact OpenGov at procurement-support@opengov.com for more information.

mailto:TampaADA@tampagov.net https://tampagov.net/ADARequest mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa mailto:procurement-support@opengov.com

Proposers discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFP, shall immediately notify the City of such error in writing and request modification or clarification of the RFP within the OpenGov eProcurement Portal. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who received an original RFP from OpenGov

(those who are on the Plan Holders List). Addenda will be posted and disseminated by OpenGov at least five days prior to this RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the offer or it shall be deemed waived.

Tabulations (results) will be posted in the OpenGov eProcurement Portal and made available to proposers after the scheduled public opening of the sealed proposals.

The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations.

The Proposer is expected to carefully examine the entire solicitation package, including but not limited to all the provisions, terms, and conditions. Failure to do so will be at the Proposer’s risk.

2. SCOPE OF SERVICES

2.1. INTRODUCTION/SUMMARY

The City of Tampa is seeking proposals for the supply and/or development, operations, and management of affordable rental housing for HOME-ARP II qualifying populations. Award funds will be made available by the City to the successful proposers at below-market interest rate loans for the acquisition, rehabilitation, and/or construction and related operations and management costs of HOME-ARP

II rental housing projects for qualifying populations and other eligible beneficiaries. Qualified proposers who are non-profit or for-profit developers who can demonstrate their ability to supply, acquire, rehabilitate, and/or construct, and operate and manage affordable housing developments for people experiencing homelessness, and/or other Qualifying Populations are encouraged to submit a proposal in response to this RFP.

Timeline:

Release Project Date: April 6, 2026

Pre-Proposal Conference (Non-Mandatory): April 20, 2026, 1:00pm

3rd Floor Large T&I conference room, 2555 E Hanna

Ave, Tampa, FL 33610

Question Submission Deadline: May 4, 2026, 12:00pm

Response Submission Deadline: May 18, 2026, 3:00pm

2.2. Purpose/ Scope of Services

The City of Tampa is seeking proposals for the supply and/or development, and/or the operations and management of affordable rental housing for HOME-ARP-qualifying populations under the Home Investment Partnerships Program (HOME). Award funds will be made available by the City to the successful proposer(s) at below-market interest rate loans for construction and related development costs of HOME-ARP and HOME eligible rental housing projects for qualifying populations and other eligible beneficiaries. Qualified proposers who can demonstrate their ability to construct, operate, and manage affordable housing developments for people experiencing homelessness, HOME-ARP Qualifying Populations (as defined herein), or other HOME-eligible beneficiaries are encouraged to submit a proposal in response to this RFP.

This RFP aims to add to the City's available affordable housing inventory. The City requires that HOME-ARP project funds be used to primarily benefit individuals and families in specified Qualifying Populations, including but not limited to Homeless, At Risk of

Homelessness, Fleeing Domestic Violence, and Low-Income households. The City requires that HOME project funds be used for individuals at or below 80% AMI.

Proposers may submit proposals for HOME- ARP funding, HOME funding, or a combination of both, in accordance with the requirements of this RFP.

Each proposal will be evaluated in accordance with the criteria outlined in this RFP, and funding will be determined based on alignment with priorities established in the City of Tampa’s Consolidated Plan (“Consolidated Plan”; linked here:

https://www.tampa.gov/document/tampa-2022-2026-consolidated-plan-115916).

The proposers and their proposals that rank the highest in accordance with the evaluation criteria shall be considered for award. All awards shall be subject to applicable funding and Housing and Urban Development (“HUD”) requirements linked here: HUD Notice The

Office of Community Planning and Development (“CPD”) CPD-21-10: Requirements for the Use of Funds in the HOME-ARP Program

(https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-10cpdn.pdf) and its Appendix: Waivers and Alternative Requirements for

Implementation of the HOME-ARP Program (the “HUD” Requirements”)

(https://www.hud.gov/sites/dfiles/OCHCO/documents/cpdWaiverHOMEARP.pdf). For the avoidance of doubt, any applicable effective change in HUD Requirements (if any) after the issuance of this RFP by the City shall be applicable to this RFP and the award document(s) resulting from this RFP.

Any reference to the “area” herein shall mean the city of Tampa, Florida.

2.3. Project Funding

HOME-ARP Project Funding:

Award(s) resulting from this RFP will be subject to the funds made available by the HUD HOME Investment Partnership and HOME ARP

Program (CFDA #14.239) and HUD Requirements. The City estimates the total HUD HOME funds available for any award(s) resulting from this RFP to be up to $2.6 million, in the aggregate. Such loan funds are subject to availability.

All HOME-ARP Project awarded loan funds by the City to Awardee(s) shall be subject to HCD’s approval, underwriting requirements, negotiation of a funding agreement acceptable to the City, and recommendation of funding to the City of Tampa’s City Council. All recommended funding for HOME-ARP Projects by HCD to the City of Tampa’s City Council is subject to the City of Tampa’s City Council approval. If HOME-ARP Project funding is approved by the City of Tampa’s City Council, funds will be disbursed by the City to the

Awardee in accordance with the draw schedule set forth below and the negotiated funding agreement resulting from this RFP. Awardee loan repayment schedule and terms shall be outlined in the Submittal and the award document(s) resulting from this RFP.

A proposal may include leveraged funding resources of its own that may include but not be limited to, private equity, loans from lending institutions, and/or funds from Federal, State, or local programs such as “Low-Income Housing Tax Credits” (“LIHTC(s)”), “Tax-

Exempt Multifamily Housing Revenue Bonds”, “Supportive Housing Program”, “Federal Home Loan Bank Affordable Housing Program” and/or the “Florida Housing Trust Fund”.

HOME Project Funding:

Award(s) resulting from this RFP will be subject to the funds made available by the HUD HOME Investment Partnership and HOME ARP

Program (CFDA #14.239) and HUD Requirements. The City estimates the total HUD HOME funds available for any award(s) resulting from this RFP to be up to $2.6 million, in the aggregate. Such loan funds are subject to availability.

All HOME Project awarded loan funds by the City to Awardee(s) shall be subject to HCD’s approval, underwriting requirements, negotiation of a funding agreement acceptable to the City, and recommendation of funding to the City of Tampa’s City Council. All recommended funding for HOME Projects by HCD to the City of Tampa’s City Council is subject to the City of Tampa’s City Council approval. If HOME Project funding is approved by the City of Tampa’s City Council, funds will be disbursed by the City to the Awardee in accordance with the draw schedule set forth below and the negotiated funding agreement resulting from this RFP. Draws shall not occur more than once a month. Awardee loan repayment schedule and terms shall be outlined in the Submittal and the award document(s) resulting from this RFP.

A proposal may include leveraged funding resources of its own that may include but not be limited to, private equity, loans from lending institutions, and/or funds from Federal, State, or local programs such as “Low-Income Housing Tax Credits” (“LIHTC(s)”), “Tax-

Exempt Multifamily Housing Revenue Bonds”, “Supportive Housing Program”, “Federal Home Loan Bank Affordable Housing Program” and/or the “Florida Housing Trust Fund”.

2.4. Construction of Project

The City shall have no ownership interest in any HOME-ARP/HOME Project awarded as a result of this RFP, unless otherwise provided herein. However, (a) the City shall hold a mortgage and note on any HOME-ARP/HOME Project property in which the City has provided https://www.tampa.gov/document/tampa-2022-2026-consolidated-plan-115916) https://www.tampa.gov/document/tampa-2022-2026-consolidated-plan-115916) https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-10cpdn.pdf https://www.hud.gov/sites/dfiles/OCHCO/documents/cpdWaiverHOMEARP.pdf) funding to an Awardee to construct property as further described herein and (b) prior to funding by the City of Tampa, proposer shall record a land use restriction agreement in the Official Records of Hillsborough County, Florida, restricting the use of the HOME-

ARP/HOME Project as set out in this RFP, to include but not be limited to, income restrictions, rental rate restrictions, and residency restrictions. Such land use restriction agreement shall be subject to the approval of the City of Tampa prior to recording.

• For HOME-ARP Projects: Each proposer’s proposed HOME-ARP Project shall consist of a minimum of ten (10) units reserved exclusively for tenancy by Qualifying Populations. At least seventy percent (70%) of units constructed in a HOME-

ARP Project with HOME-ARP funds shall be reserved for tenancy by households in the Qualifying Populations. No more than thirty percent (30%) of housing units shall be used for LMI or market rate rentals and/or other purposes.

• For HOME Projects: Each proposer’s proposed HOME Project shall consist of units reserved for tenancy by individuals at or below 80% AMI.

Proposed projects funded pursuant to this RFP must be new construction of affordable rental units.

For the avoidance of doubt, award funds resulting from this RFP are not eligible for and shall not be utilized/applied by an Awardee to any pre-existing costs and expenses (e.g., land cost, construction costs, unit purchase cost, rehabilitation costs).

In the event of an applicant’s proposed site/property becoming unavailable prior to notice of award due to no fault of the proposer

(e.g., property is purchased by another buyer, seller is no longer interested in selling property), such proposer upon demonstrated proof of its proposed site/property being unavailable may either (a) propose another site/property in accordance with the RFP specifications for the City’s consideration or (b) rescind its proposal/application.

All proposed projects must meet the following requirements:

1. Be located within the city limits of the City of Tampa, Florida

1. The property to contain the proposed project shall be currently under the proposer’s ownership and control, or be under the proposer’s ownership and control within a timeline acceptable to the City after receipt of an award resulting from this RFP

2. Be no more than a quarter (¼) mile away from an existing Hillsborough Area Regional Transit Authority (“HART”) bus stop and/or streetcar system stop (currently known as “TECO Line Streetcar”)

3. Comply with existing City zoning requirements and/or include a reasonable plan to obtain City zoning approval for any non-compliant items

4. 10% of units included in the project must be 2-3 bedrooms.

5. HOME-ARP/HOME Project rental units must comply with all property standards applicable to rental projects required in 24 CFR

92.251 paragraphs (a), new construction.

*The proposed project must receive a certificate of occupancy within thirty-six (36) months after full execution of the negotiated funding agreement.

2.5. Project Operations and Management

Awardee(s) shall be responsible for all things necessary for the operations and management of the HOME-ARP/HOME funded affordable housing units and property including, but not be limited to, marketing available units to Qualifying Populations and other eligible beneficiaries, educating prospective tenants on Qualifying Population and other eligible beneficiaries eligibility requirements and the application process, screening tenants for tenancy and performing other leasing operations, and performing preventive and emergency property maintenance.

In the event housing units for a HOME-ARP/HOME Project are located in a property and/or development with non-HOME-ARP/HOME

Project units, Awardee(s) shall also be responsible for such necessary operations and management for the non-HOME-ARP/HOME

Project units.

Minimum Compliance Period: All HOME-ARP/HOME Project rental units must comply with the HOME rental requirements set forth herein during construction and for a minimum of fifty (50) years from the date Project obtains a certificate of occupancy, irrespective of the amount of HOME-ARP/HOME funds awarded by the City for an Awardee’s Project or the activity undertaken by an Awardee. If a rental assistance or Housing Assistance Payments (“HAP”) contract is awarded by a third-party housing agency to an Awardee’s HOME-

ARP/HOME Project, the minimum compliance period shall be to the greater of fifty (50) years from date HOME-ARP/HOME Project units are made available for occupancy and the applicable term of the awarded HAP contract (including any renewal and/or extension periods).

HOME-ARP/HOME Project units funded hereunder must comply with the requirements of HUD throughout the minimum fifty (50)-year compliance period, including, but not limited to:

HOME-ARP Project units restricted for Qualifying Populations must be occupied by households that met the definition of a Qualifying

Population at the time of initial occupancy. The Qualifying Population household’s contribution towards rent during this minimum compliance period must be affordable in accordance with section VI.B.14 of the HUD Requirements. The rent charged by the Awardee for these units must comply with the rent limitations established in the aforementioned HUD Requirements, including the rent provisions specified in 24 CFR 92.252(i)(2) for Qualifying Population households whose income increases above eighty percent (80%) of area median income and whose contribution to rent complies with the requirements in section VI.B.15 of the HUD Requirements.

1. HOME-ARP/HOME Project units available for low-income households must be solely occupied by households who met the applicable income requirements set forth herein at the time of initial occupancy. The rent charged by the Awardee for these units must comply with the rent limitations established in the HUD Requirements, including the rent provisions specified in 24

CFR 92.252(i)(2) for households whose income increases above eighty percent (80%) of the area median income.

2. HOME-ARP/HOME Project units must comply with the ongoing property condition standards of 24 CFR 92.251(f) throughout this minimum compliance period as demonstrated by an on-site inspection performed by the City within twelve (12) months of the Project completion and an on-site inspection performed by the City at least once every (1) years thereafter as required by

24 CFR 92.504. The Awardee shall make the HOME-ARP/HOME Project units available for the City’s required on-site inspections at no cost to the City.

3. Each Qualifying Population and/or low-income household that occupies a HOME-ARP/HOME Project unit shall execute a lease with the Awardee that complies with the tenant protections required in section VI.B.19 of the HUD Requirements.

All HOME-ARP/HOME Projects shall be subject to all applicable monitoring and reporting requirements of the City of Tampa and HUD throughout the entire affordability period.

2.6. Project Budget

Proposers shall include in their proposal the required budget to construct HOME-eligible affordable rental housing units and their annual costs to operate and manage the funded housing units. The budget shall be an itemization of all hard and soft costs related to the development of the Project. Proposer must provide a 20-year Pro-Forma that includes operating costs to provide adequate maintenance during the minimum compliance period described in Section 2.5 (Minimum Compliance Period) below. All proposer budgeted costs shall be reasonable and appropriate to the proposed project design and necessary to supply the affordable housing units. Proposer’s budget shall meet and/or exceed the City’s underwriting requirements. In the event a proposer’s Project will reside on property that contains non-HOME-ARP/HOME Project units, such proposer shall clearly distinguish its portion of costs for HOME-

ARP/HOME Project housing units from non-HOME-ARP/HOME Project units. For the avoidance of doubt, only eligible costs as described in Section 4.5 (Eligible Costs) below shall be eligible for HOME-ARP/HOME Project funding; proposer’s costs for non-HOME-ARP/HOME

Project units are not eligible for funding.

In the event a proposer will fund its Project with additional funds from other sources, such proposer shall include the name of the source and the amount of the additional funds in its budget. Proposers shall also provide funding commitment letters from the additional funding sources in their proposal to be considered match/leveraged funds.

*The City’s funding of the total HOME-ARP/HOME proposed project will not exceed 75% of the total project cost.

2.7. Eligible Beneficiaries

HOME-ARP Qualifying Populations

1. The City requires that HOME-ARP Project funds be used to primarily benefit individuals and families in the following specified

Qualifying Populations (as defined below). Any individual or family who meets the criteria for Qualifying Populations are eligible to reside in a unit funded through HOME-ARP Project funds without meeting additional criteria (e.g., additional income criteria). “Qualifying Populations” include:

A. Homeless, as defined in 24 CFR, Statute 91.5 (Definitions) (1), (2), or (3):

i. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

a. An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;

b. An individual or family living in a supervised, publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals);

or

c. An individual who is exiting an institution where he or she resided for ninety (90) days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

ii. An individual or family who will imminently lose their primary nighttime residence, provided that:

a. The primary nighttime residence will be lost within fourteen (14) days of the date of application for homeless assistance;

b. No subsequent residence has been identified; and

c. The individual or family lacks the resources or support networks (e.g., family, friends, faith- based, or other social networks) needed to obtain other permanent housing

iii. Unaccompanied youth under 25 years of age or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:

a. Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 United States Code

(U.S.C.) 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against

Women Act of 1994 (42 U.S.C. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966

(42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);

b. Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the sixty (60) days immediately preceding the date of application for homeless assistance;

c. Have experienced persistent instability as measured by two (2) moves or more during the sixty (60)-day period immediately preceding the date of applying for homeless assistance; and

d. Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment.

B. At risk of Homelessness, as defined in 24 CFR 91.5, at risk of homelessness

i. An individual or family who:

a. Has an annual income below thirty percent (30%) of the median family income for the area, as determined by

HUD;

b. Does not have sufficient resources or support networks (e.g., family, friends, faith-based or other social networks) immediately available to prevent them from moving to an emergency shelter or another place described in this Subsection 2.7 (Qualifying Populations), Paragraph 1 (Homeless); and

c. Meets one of the following conditions:

I. Has moved because of economic reasons two (2) or more times during the sixty (60) days immediately preceding an application for homelessness prevention assistance;

II. Is living in the home of another because of economic hardship;

III. Has been notified in writing that their right to occupy their current housing or living situation will be terminated within twenty-one (21) days after the date of application for assistance;

IV. Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by

Federal, State, or local government programs for low-income individuals;

V. Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the

United States (U.S.) Census Bureau;

VI. Is exiting a publicly funded institution, or system of care (e.g., health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or

VII. Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in The City of Tampa Consolidated Plan.

ii. A child or youth who does not qualify as "at risk of homeless" under this Subsection (Qualifying Populations) (At Risk of Homelessness), but qualifies as "at risk of homeless" under section 387(3) of the Runaway and Homeless Youth

Act (42 USC 5732a(3)), section 637(11) of the Head Start Act (42 USC 9832 (11)), section 41403 (6) of the Violence

Against Women Act of 1994 (42 USC 14043e-2(6)), section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C.

254b(h)(5)(A)), section 3(l) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(l)), or section 17(b)(15) of the

Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(15)); or

iii. A child or youth who does not qualify as “at risk of homeless” under this Subsection 2.7 (Qualifying Populations), Paragraph 2., but qualifies as “at risk of homeless” under section 725(2) of the McKinney- Vento Homeless Assistance

Act (42 U.S.C. 11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her or him).

C. Fleeing, or attempting to flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD.

i. For HOME-ARP Project units, this population includes any individual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking. This population includes cases where an individual or family reasonably believes that there is a threat of imminent harm from further violence due to dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return or remain within the same dwelling unit. In the case of sexual assault, this also includes cases where an individual reasonably believes there is a threat of imminent harm from further violence if the individual remains within the same dwelling unit that the individual is currently occupying, or the sexual assault occurred on the premises during the ninety (90)-day period preceding the date of the request for transfer.

ii. Domestic violence, which is defined in 24 CFR 5.2003, includes felony or misdemeanor crimes of violence committed by:

a. A current or former spouse or intimate partner of the victim (the term “spouse or intimate partner of the victim” includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship);

b. A person with whom the victim shares a child in common

c. A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;

d. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving HOME-ARP funds; or

e. Any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction

i. Dating violence, which is defined in 24 CFR 5.2003, means violence committed by a person:

a. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

b. Where the existence of such a relationship shall be determined based on a consideration of the following factors:

I. The length of the relationship;

II. The type of relationship; and

III. The frequency of interaction between the person(s) involved in the relationship.

ii. Sexual assault, which is defined in 24 CFR 5.2003, means any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the victim lacks capacity to consent.

iii. Stalking, which is defined in 24 CFR 5.2003, means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

a. Fear for the person’s individual safety or the safety of others; or

b. Suffer substantial emotional distress.

i. Human Trafficking includes both sex and labor trafficking, as outlined in the Trafficking Victims Protection Act of 2000

(TVPA), as amended (22 U.S.C. 7102). These are defined as:

a. Sex trafficking means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

b. Labor trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

D. Other Populations where providing supportive services or assistance under section 212(a) of the Cranston-Gonzalez

National Affordable Housing Act (“NAHA") (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability. HUD defines these populations as individuals and households who do not qualify under any of the populations above but meet one of the following criteria:

i. Other Families Requiring Services or Housing Assistance to Prevent Homelessness is defined as households (i.e., individuals and families) who have previously been qualified as “homeless” as defined in 24 CFR 91.5, are currently housed due to temporary or emergency assistance, including financial assistance, services, temporary rental assistance or some type of other assistance to allow the household to be housed, and who need additional housing assistance or supportive services to avoid a return to homelessness.

ii. At Greatest Risk of Housing Instability is defined as a household that meets either sub-paragraph (i) or (ii) immediately below:

a. Has an annual income that is less than or equal to thirty percent (30%) of the area median income, as determined by HUD, and is experiencing severe cost burden (i.e., is paying more than fifty percent (50%) of their monthly household income toward housing costs); or

b. Has an annual income that is less than or equal to fifty percent (50%) of the area median income, as determined by HUD, AND meets one of the following conditions from Section 2 (SCOPE OF SERVICES), Subsection 2.7. (ELIGIBLE BENEFICIARIES), Subsection 2.7 (Qualifying Populations), Paragraph (2)(a)(iii) (At risk of Homelessness) above.

E. Veterans and Families that include a Veteran Family Member who meets the criteria for one of the Qualifying Populations described above are eligible to receive HOME-ARP assistance.

Awardee(s) shall be responsible for screening Qualifying Populations to maintain compliance with the applicable HUD Requirements and provisions set forth herein for HOME-ARP Project units.

2. Low-Income Households

Up to thirty percent (30%) of units assisted with HOME-ARP funds and 100% of units assisted with HOME funds can be occupied by households defined as low- income (80% AMI or below). Such units are subject to income targeting and rent requirements established under the HOME-ARP/HOME rental program rules set forth in the HUD Requirements and are only permitted in HOME-ARP Projects with at least seventy percent (70%) of rental units restricted for occupancy by Qualifying Populations.

At initial occupancy, units restricted for low-income households must be occupied by households that meet the definition of low-income in 24 CFR 92.2. If a tenant’s income increases above the applicable low-income limit during the minimum compliance period described in Section 2.5, the unit will be considered temporarily out of compliance. Changes in tenant income are described in Section 16 (Rent

Limitations) below.

In accordance with 24 CFR 92.252(h), the income of each low-income household must be determined by the Awardee initially in accordance with 24 CFR 92.203(a)(1)(i), and each year following the initial determination in accordance with the aforementioned CFR during the minimum compliance period described in Section 2.5 (Minimum Compliance Period).

As described in Section 2.5 (Project Operations and Management) above, Awardee(s) shall be responsible for screening low-income household incomes and other applicable low-income household occupancy requirements to maintain compliance with the applicable

HUD Requirements and provisions set forth herein for HOME-ARP and HOME Project units.

HOME Eligible Beneficiaries

A. Individuals At or Below 80% AMI

2.8. Qualifying Populations Preference *(APPLICABLE TO HOME-ARP Applicants Only)

Proposer’s HOME-ARP Projects that propose to restrict at least thirty percent (30%) of rental housing for the Homeless shall be eligible to receive ten (10) preference points as set forth in the Evaluation Criteria. To receive all ten (10) preference points, proposer’s HOME-

ARP Projects must propose to dedicate at least thirty percent (30%) of all HOME-ARP Project units for persons experiencing homelessness as referenced above.

For the avoidance of doubt, for proposer eligibility for the Qualifying Populations preference, the required minimum of thirty percent

(30%) of HOME-ARP Project units restricted for Qualifying Populations experiencing homelessness may be inclusive of the required minimum of seventy percent (70%) of HOME-ARP Project units reserved for tenancy for households in the Qualifying Populations as described in Section 5 (Construction of HOME-ARP Projects) above.

2.9. Limiting/Reserving Tenancy to Qualifying Populations – Subpopulations (APPLICABLE TO HOME-ARP Applicants Only)

HOME-ARP Projects may be reserved for tenancy to a specific subpopulation of a Qualifying Population identified in this RFP, so long as any Awardee leasing activity does not discriminate against any protected class under federal nondiscrimination laws in 24 CFR 5.105

(e.g., tenancy may be limited to homeless households and at-risk-of-homelessness households).

Awardees may limit tenancy to or provide a preference for HOME-ARP Project(s) rental housing to households who need any of the specialized supportive services described above (e.g., domestic violence services, persons with disabilities). However, no otherwise qualified population, including individuals with disabilities or families including an individual with a disability, may be excluded on the grounds that they do not have a “particular” disability.

Awardees must follow all applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). This includes but is not limited to the Fair Housing Act, Title VI of the Civil Rights Act, Section

504 of the Rehabilitation Act, HUD’s Equal Access Rule, and the Americans with Disabilities Act, as applicable.

3. PROPOSER REQUIREMENTS

3.1. Proposer Experience

a. Proposers shall have at least two (2) years of continuous experience immediately prior to the opening date and time of this RFP as a business engaged in each of the following services: (i) the supply, acquisition, rehabilitation, and/or construction of affordable rental housing units; (ii) operations and management of affordable rental housing units; and (iii) affordable housing services to Qualifying

Populations and low-income individuals for government agencies and/or non-profit organizations similar in scale to the services proposed in its proposal response to this RFP, funded by federal funds, and furnished under contract.

b. During the time period described above, proposers shall have satisfactorily performed or shall be performing under at least one (1) contract for another government agency and/or non-profit organization requiring a similar scope of services to those set forth herein.

Such a determination of satisfactory performance shall be in the City’s sole discretion.

c. In the event a proposal is submitted by a joint venture, the immediately foregoing prerequisites will be considered with respect to such proposal as follows: the prerequisites in paragraphs (a) and (b) above will be considered satisfied if the joint venture itself, or any of its participants individually, can meet the requirements. The prerequisite in subparagraph (c) above will be considered satisfied if the annual gross income of the joint venture itself meets the prerequisite or the gross income of the participants in the joint venture cumulatively meets the prerequisite.

3.2. Project Personnel

Proposer’s staff, either employed directly on the proposer’s payroll or as engaged as a sub-contractor, shall be experienced in the services described in Section 3.1 (Proposer Experience) for a minimum of two (2) years immediately prior to the opening date and time of this RFP. Proposer’s staff shall include, but not be limited to (as applicable): licensed general contractors, licensed architects, interior designers, project managers, zoning specialists, permit expeditors, engineers, foremen, construction tradespersons, plumbers, electricians, carpenters, estimators, safety managers, housing counselors, community outreach specialists, leasing agents, property managers, and mechanics.

Proposers shall disclose in its RFP response the staff positions and quantity of staff positions currently in its workforce (including its sub-contractor’s) at the time and date of this RFP opening available to be utilized for its proposed HOME-ARP/HOME Project and the staff positions and quantity of staff positions such proposer would need to hire upon receipt of the awarding document(s) from this RFP for its proposed HOME-ARP/HOME Project.

All sub-contractors engaged by a proposer/Awardee to perform services hereunder shall be subject to the pre-approval of the City in each instance.

3.3. General Requirements

Displacement

The City strongly encourages proposed HOME-ARP/HOME funded Projects not to result in the displacement of existing residents. In the event an Awardee’s Project will result in the temporary or permanent displacement of existing residents, such Awardee shall be responsible for providing the existing residents relocation assistance and documentation (i.e., General Information Notice under the

Uniform Relocation Act) as set forth in Title 24, Code of Federal Regulations (“24 CFR”), Statute 92.206(f), 24 CFR, Statute 92.353, and described in HUD Requirements. The Awardee shall provide such documentation to the affected residents immediately upon the City’s notice of award. All existing tenants must be reviewed for eligibility under the HOME ARP/HOME program funding requirements prior to application.

In the event that the proposed project has existing tenants, demographic and income data for all units must be provided with the submission of the response to this RFP.

3.4. Rent Limitations

HOME-ARP Project(s) Units Restricted for Tenancy by Qualifying Populations: In no case shall the HOME-ARP Project(s) unit monthly rent exceed 30% of the adjusted monthly income of a household whose total annual income is equal to or less than fifty percent

(50%) of the median income for the area, as determined by HUD, with adjustments for a number of household members and bedroom size.

Notwithstanding the foregoing in the paragraph immediately above, a Qualifying Population that receives a Federal or state project-based rental subsidy and pays as a contribution to rent no more than thirty percent (30%) of the Qualifying Population’s adjusted income, an Awardee may charge the Qualifying Population tenant the rent amount allowable under the Federal or state project-based rental subsidy program(i.e., the Qualifying Population rental contribution plus the rental subsidy allowable under the applicable Federal or state program). Notwithstanding the foregoing in paragraph immediately above, if a Qualifying Population receives tenant-based rental assistance, the rent amount chargeable by the Awardee to the Qualifying Population tenant shall be the rent amount permissible under the applicable rental assistance program (i.e., the tenant applicable rental contribution plus the rental subsidy allowable under the applicable rental assistance program).

HOME-ARP Project(s) Units for Low-Income Households: HOME-ARP Project(s) rental units occupied by low-income households must comply with the rent limitations in 24 CFR 92.252(a) (i.e., the lesser of the fair market rent for existing housing for comparable units in the area, as established by HUD, and a monthly rent amount equal to thirty percent (30%) of the annual income of a family at sixty-five (65%) or below of the median income for the area, as determined by HUD, with adjustments for the number of bedrooms in the

HOME-ARP Project(s) unit). Notwithstanding the immediately foregoing, when a low-income household receives a form of Federal tenant-based rental assistance (e.g., housing choice vouchers), the rent chargeable by an Awardee to a low-income household shall be the rent permissible under the applicable Federal rental assistance program (i.e., the tenant rental contribution plus the rent subsidy allowable under the Federal rental assistance program). The rent limits (as applicable) for HOME-ARP Project(s) units for low-income households shall include the rent plus the utility allowance established and published annually by HUD. HUD will publish the HOME rent limits (with utility allowances) on an annual basis linked here https://www.hudexchange.info/resource/6500/home-arp-rent-limits/.

HOME Project(s):

Per 24 CFR Part 92.252, HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lesser of:

1. The fair market rent for existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or

2. A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions.

In rental projects with five or more HOME-assisted rental units, twenty (20) percent of the HOME-assisted units must be occupied by very low-income families and meet one of following rent requirements:

1. The rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD provides the HOME rent limits which include average occupancy per unit and adjusted income assumptions. However, if the rent determined under this paragraph is higher than the applicable rent under 24 CFR 92.252(a), then the maximum rent for units under this paragraph is that calculated under 24 CFR 92.252(a).

2. The rent does not exceed 30 percent of the family's adjusted income. If the unit receives Federal or State project-based rental subsidy and the very low-income family pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project-based rental subsidy) is the rent allowable under the

Federal or State project-based rental subsidy program.

SRO Units:

If a HOME-ARP/HOME Project contains SRO unit(s) and such SRO unit(s) have both sanitary and food preparation facilities, the maximum rent chargeable by an Awardee to a Qualifying Population or low-income household tenant for an SRO unit shall be based on the zero-bedroom (efficiency) fair market rent set forth by HUD. If a HOME-ARP/HOME Project SRO unit has only sanitary facilities (and no food preparation facilities), the maximum HOME-ARP Project rent chargeable by an Awardee to a Qualifying Population or low-income household tenant for an SRO unit shall be based on seventy-five percent (75%) of the zero-bedroom (efficiency) fair market rent set forth by HUD. The rent limits for HOME-ARP/HOME Project SRO(s) for Qualifying Population or low-income tenants shall include the rent plus the utility allowance established and published annually by HUD. HUD will publish the HOME rent limits (with utility allowances) on an annual basis linked here https://www.hudexchange.info/resource/6500/home-arp-rent-limits/.

Changes In Qualifying Populations and Low-Income Household Tenant Income and Over-Income Tenant Households: A household that met the definition of one of the HOME-ARP/HOME Project Qualifying Populations and/or qualified as a low-income household at initial occupancy and whose annual income at the time of income recertification is now above fifty percent (50%) of median annual income for the area but at or below eighty percent (80%) of the median annual income for the area must pay the rent to the Awardee in accordance with the applicable rent rate in 24 CFR 92.252(a).

HOME-ARP/HOME Project units restricted for Qualifying Populations and/or low-income households continue to qualify as HOME-

ARP/HOME rental housing despite temporary noncompliance caused by increases in the income of existing household occupants if actions satisfactory to HUD are taken by the Awardee so that all vacancies are filled by the Awardee in accordance with HOME-

ARP/…