Home_Investment_Partnerships_American_Rescue_Plan_Program_(Addendum_#1_Revision).pdf

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City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Home Investment Partnerships American Rescue Plan Program

25-P-00228

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. GENERAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. CONTENT OF PROPOSALS

6. EVALUATION

7. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

8. ATTACHMENTS & EXHIBITS

Attachments:

A - Form MBD-30 Payments

B - Form MBD-40 Letter of Intent

C - Form MBD-70 Procurement Guidelines

D - EBO-Form-71-for-RFQ-Evaluation-Points-V2

E - AFFIDAVIT OF COMPLIANCE

F - Insurance Requirements

M - Sub Contracting and Payment Form

1. NOTICE

1.1. REQUEST FOR PROPOSALS

Sealed proposals for Home Investment Partnerships American Rescue Plan Program, RFP # 25-P-00228 will be received by the

Director of Purchasing, City of Tampa, until Monday, June 2, 2025; 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 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, May 12, 2025, at Purchasing Deptartment Second Floor

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 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 rental housing projects for qualifying populations and other eligible beneficiaries. Qualified proposers who are non-profit or for-profit developers who can demonstrate its 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: May 2, 2025

Pre-Proposal Conference (Non-Mandatory): May 12, 2025, 1:00pm

Agenda

Purchasing Deptartment Second Floor Conference

Room 2555 E Hanna Ave Tampa, FL 33610

Question Submission Deadline: May 23, 2025, 12:00pm

Response Submission Deadline: June 2, 2025, 4:00pm

2.2. BACKGROUND

The aim of this project is to add to the City's available affordable housing inventory. Preference will be given to projects involving new construction on vacant land, conversion of commercial space to residential, or rehabilitation of uninhabitable housing. 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. Project funds may be used to cover up to 100% of eligible costs associated with a project, as specified within the RFP.

2.3. RFP Background

The City of Tampa is soliciting proposals, on behalf of the City’s Housing and Community Development (“HCD”), for the supply and/or development of affordable rental housing for HOME-ARP Qualifying Populations (as defined below in Section I. (SCOPE OF SERVICES), https://teams.microsoft.com/meet/2416518404911?p=zF36Iv9GOt9HKGLA8E

Subsection 13. (ELIGIBLE BENEFICIARIES), Subsection 13.1 (Qualifying Populations)) and other eligible beneficiaries (as described below in Section I. (SCOPE OF SERVICES), Subsection 13. (ELIGIBLE BENEFICIARIES), 13.2 (Low-Income Households)).

Award funds may be made available by the City to the successful proposer(s) (“Awardee(s)”), at below market interest rate loans, for the acquisition, rehabilitation, and/or construction and related development costs of HOME-ARP rental housing projects for Qualifying

Populations and other eligible beneficiaries (“HOME-ARP Project(s)”). Each proposal will be evaluated in accordance with criteria set forth in Section I. (SCOPE OF SERVICES), Subsection 27. (EVALUATION CRITERIA) below, 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).

Qualified proposers who are non-profit or for-profit developers who can demonstrate its ability to supply, acquire, rehabilitate, and/or construct, and operate and manage affordable housing developments for people experiencing homelessness, and/or other Qualifying

Populations (as set forth in Section I. (SCOPE OF SERVICES), Subsection 4. (PROPOSER PREREQUISITES)) below, are encouraged to submit a proposal in response to this RFP.

As further described in Section II. (GENERAL CONDITIONS), Subsection 32. (ADDITIONAL CONTRACT TERMS), Subsection 32.1 (Basis of Award) below, proposers’ and its proposals which rank the highest in accordance with the evaluation criteria set forth in Section I

(SCOPE OF SERVICES), Subsection 27. (EVALUATION CRITERIA) shall be considered for award. All awards shall be subject to applicable funding as described in Section I. (GENERAL CONDITIONS), Subsection 2. (HOME- ARP PROJECT FUNDING) below 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.

2.4. HOME-ARP Project Funding

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

(CFDA #14.239) and HUD Requirements. The City estimates the total HUD HOME-ARP loan funds available for any award(s) resulting from this RFP to be up to 5.3 million dollars, 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, 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 are subject to The City of Tampa’s City Council approval. IfHOME- 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 in

Section I. (SCOPE OF SERVICES), Subsection 12. (FUNDS PAYMENT SCHEDULE AND TERMS) below and the award document(s) resulting from this RFP. Awardee loan repayment schedule and terms shall be set forth in Section I. (SCOPE OF SERVICES), Subsection

12. (FUNDS PAYMENT SCHEDULE AND TERMS) and the award document(s) resulting from this RFP.

In addition to proposers including the utilizing of HUD HOME-ARP funding in its HOME-ARP Project proposal, a proposer may leverage 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”.

2.5. Proposer Prerequisites

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)

a. Proposers for HOME-ARP funds 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 rental housing units; (ii) operations and management of 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 in proposal response to this RFP, funded by federal funds, and furnished under contract.

b. During the time period described in Section I. (SCOPE OF SERVICES), Subsection 4. (PROPOSER PREREQUISITES), paragraph (a) immediately 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 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.

2.6. Supply, Acquisition, Rehabilitation, Construction of HOME-ARP Projects

The City shall have no ownership interest in any HOME-ARP 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 Project property in which the City has provided funding to an

Awardee to acquire, rehab, and/or construct property as further described in Subsections 5.2., 5.3., and 5.4. below 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 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. 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 acquired, rehabbed or 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 market rate rentals and/or other purposes (e.g., retail, units available for resale).

Proposers may supply affordable housing units in its proposed HOME-ARP Project in any of the following methods:

1. Acquisition of Land, Housing Units, and/or Acquisition of Property to Convert to Affordable Rental Housing Units;

o Proposers may provide in its proposal plans to purchase land, housing units and/or other use-property with plans to convert into affordable housing units.

2. Rehabilitation of Housing Units and Rehabilitation/Conversion of Property to Convert to Rental Units; and/or o Proposers may provide in its proposal plans to rehabilitate housing units and/or the conversion of other use- property into affordable housing units.

3. New Construction of Rental Housing Units.

o Proposers may provide in its proposal plans to construct affordable housing units on land it already owns and/or on land it plans to acquire as described in Section I. (SCOPE OF SERVICES), Subsection 5.2. (Acquisition of Land, Housing Units, and/or Acquisition of Property to Convert to Rental Housing Units) immediately above.

Proposers may NOT propose any existing housing units it holds in its portfolio that does not require any rehabilitation and/or renovation to serve as affordable housing units in its proposal. 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) for such Awardee’s existing rental housing portfolio that does not require rehabilitation.

The required information and documentation for proposers to submit in its proposal for the supply, acquisition, rehabilitation, and/or construction of HOME-ARP Projects are described in Section I. (SCOPE OF SERVICES), Subsection 26. (PROPOSAL SUBMITTAL) below.

Preference will be given to proposed HOME-ARP projects which will add to the City’s available housing inventory (e.g., new construction on vacant, uninhabited land, conversion of commercial space to residential (e.g., motel, school, warehouse, rehabilitation of uninhabitable housing) as opposed to acquiring/rehabilitating properties with existing tenants that may not be eligible under the

HOME-ARP project guidelines.

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.

2.7. HOME-ARP Project Site/Property Conditions

All HOME-ARP Projects shall as of the opening date and time of this RFP:

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

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

3. Have sites currently under proposer’s ownership and control or to be under proposer’s ownership and control within a timeline acceptable by the City after receipt of an award resulting from this RFP

4. Contain a design, plan and budget appropriate for the proposed site

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

6. Include disclosure of any applicable historic preservation requirements

7. For any proposed HOME-ARP project involving acquisition of a property, current appraisal must be provided. Eligible

HOME-ARP Project rental housing types includes “housing” as defined at 24 CFR 92.2, including but not limited to manufactured housing, single-room occupancy (“SRO”) units, and permanent supportive housing. Emergency shelters, hotels, and motels (including those currently operating as non-congregate shelters), nursing homes, residential treatment facilities, correctional facilities, halfway houses, and housing for students or dormitories do NOT qualify as eligible HOME-ARP Project housing types. However, HOME-ARP Project funds may be used to acquire and rehabilitate such facilities to convert them into eligible HOME-ARP Project rental housing types. HOME-ARP Project rental units may consist of SRO units. For the purposes of

HOME-ARP Project rental units, an SRO unit is defined as a unit that is the primary residence of the occupant(s) and must at least contain sanitary facilities but may also contain food preparation facilities. A HOME-ARP Project SRO must comply with the

City’s zoning and building code laws. For any existing apartment units that are being acquired, rehabbed, or converted as part of a proposed HOME-ARP project, the City will examine the general conditions of the property and surrounding area to ensure that they are consistent with the HOME-ARP project submittal.Federal rules and regulations apply to all properties assisted with HOME ARP funding, including but not limited to Davis Bacon, Section 3, Environmental Review and the Unifor

Relocation Act for occupied properties where existing tenants reside.

2.8. HOME-ARP 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 I. (SCOPE OF SERVICES), Subsection 4. (PROPOSER PREREQUISITES), paragraph (a) above 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, foreman, 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 as further described in Section I. (SCOPE OF SERVICES), Subsection 26. (PROPOSAL

SUBMITTAL) below 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 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

Project.

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

2.9. HOME-ARP Project Operations and Management

Awardee(s) shall be responsible for all things necessary for the operations and management of the HOME-ARP Project affordable housing units and property including, but not be limited to, marketing available units to Qualifying Populations and other 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 Project reside in a property and/or development with non-HOME-ARP Project units, Awardee(s) shall also be responsible for such necessary operations and management for the non-HOME-ARP Project units.

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

2.10. HOME-ARP Project Budget

Proposers shall include in its proposal its required budget to supply, acquire, rehabilitate, and/or construct HOME-ARP Project housing units and its annual costs to operate and manage the HOME-ARP Project housing units. The budget shall be an itemization of all hard and soft costs related to the development of the HOME-ARP 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 I. (SCOPE OF

SERVICES), Subsection.18. (MINIMUM COMPLIANCE PERIOD) below. All proposer budgeted costs shall be reasonable and appropriate to its proposed HOME-ARP 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 HOME-ARP Project will reside on property that contains non-

HOME-ARP Project units, such proposer shall clearly distinguish its portion of costs for HOME-ARP Project housing units from non-

HOME-ARP Project units. For the avoidance of doubt, only eligible costs as described in Section I. (SCOPE OF SERVICES), Subsection

2319. (ELIGIBLE COSTS) below shall be eligible for HOME-ARP Project funding; proposer’s costs for non-HOME-ARP Project units are not eligible for funding.

In the event a proposer will fund its HOME-ARP Project with additional funds from other sources, such proposer shall include the name of source and amount of the additional funds in its budget. Proposers shall also provide funding commitment letters from the additional fund sources in its proposal.

2.11. HOME-ARP Project Timeline

1. Supply and Completion of HOME-ARP Project Property:

Awardee(s) shall supply/complete construction/renovation of the HOME ARP affordable housing units and make available for occupancy under this HOME-ARP Project no later than twenty-four (24) months after receipt and/or full execution of the award document(s) resulting from this RFP.

2. Operations and Management of HOME-ARP Project:

Awardee(s) shall be responsible for the operations and management of the HOME-ARP Project funded housing units as set forth in

Section I. (SCOPE OF SERVICES), Subsection 8. (HOME-ARP PROJECT OPERATIONS) above for a period of time equal to the timeline described in Section I. (SCOPE OF SERVICES), Subsection 10.1. (Supply and Completion of HOME-ARP Project Property) immediately above and the minimum compliance period set forth in Section I. (SCOPE OF SERVICES), Subsection 18. (MINIMUM COMPLIANCE

PERIOD) below.

2.12. HOME-ARP Displacement

The City strongly encourages proposers proposed HOME-ARP Projects not to result in the displacement of existing residents. In the event an Awardee’s HOME-ARP Project will result in the 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”), Statue 92.206(f), 24 CFR, Statue 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.

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.

2.13. Funds Payment Schedule and Terms

The City shall disburse funds to the Awardee(s) in accordance with a draw payment schedule that complies with Awardee progress milestones mutually agreed upon by the parties and the payment terms set forth in the HUD Requirements and written funding agreement as approved by City Council. The City shall not issue any draws to an Awardee more than once in a given month.

2.14. Eligible Beneficiaries

1. Qualifying Populations

A. 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:

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

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

I. 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;

II. 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

III. 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.

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

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

II. No subsequent residence has been identified; and

III. 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

c. 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:

I. 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);

II. 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;

III. 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

IV. 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.

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

a. An individual or family who:

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

HUD;

II. 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 13.1 (Qualifying Populations), Paragraph 1 (Homeless); and

III. 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.

b. A child or youth who does not qualify as "at risk of homeless" under this Subsection 13.1 (Qualifying

Populations), Paragraph 2. (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

c. A child or youth who does not qualify as “at risk of homeless” under this Subsection 13.1 (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).

iii. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD.

a. 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.

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

I. 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);

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

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

IV. 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

V. 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

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

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

II. 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.

d. 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.

e. 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:

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

II. Suffer substantial emotional distress.

f. 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:

I. 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

II. 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.

iv. Other Populations where providing supportive services or assistance under section 212(a) of 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:

a. 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.

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

I. Has 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

II. Has 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 I. (SCOPE OF SERVICES), Subsection 13. (ELIGIBLE BENEFICIARIES), Subsection 13.1. (Qualifying Populations), Paragraph (2)(a)(iii)

(At risk of Homelessness) above.

v. Veterans and Families that include a Veteran Family Member that meets the criteria for one of the Qualifying

Populations described above are eligible to receive HOME-ARP assistance.

As described in Subsection 8. (HOME-ARP PROJECT OPERATIONS AND MANAGEMENT) above, 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 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 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 Subsection 18. (MINIMUM COMPLIANCE PERIOD) below, the unit will be considered temporarily out of compliance. Changes in tenant income are described in Section I. (SCOPE OF SERVICES), Subsection 16. (RENT LIMITATIONS) below.

In accordance with 24 CFR 92.252(h), the income of each low-income household must be determined by 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 Subsection 18. (MINIMUM COMPLIANCE PERIOD) below.

As described in Subsection 8. (HOME-ARP PROJECT OPERATIONS AND MANAGEMENT) above, Awardee(s) shall be responsibility 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 Project units.

2.15. Qualifying Populations Preference

Proposer’s HOME-ARP Projects that propose to restrict at least thirty percent (30%) of rental housing as part of the Qualifying

Populations described in Section I. (SCOPE OF SERVICES), Subsection 13. (ELGIBILE BENEFICIARIES), Subsection 13.1 (Qualifying

Populations), Paragraph 1. (Homeless) shall be eligible to receive ten (10) preference points as set forth in Section I. (SCOPE OF

SERVICES), Subsection 27. (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 I. (SCOPE OF SERVICES), Subsection 5. (SUPPLY, ACQUISTION, REHABILITION, CONSTRUCTION OF HOME-ARP

PROJECTS) above. Please see the examples below demonstrating potential tenant populations proposers may propose to house in its

HOME-ARP Projects to meet the Qualifying Populations preference in this Subsection 14. Please note these examples (a) are provided solely for illustrative purposes of possible acceptable tenant population combinations to meet the Qualifying Populations preference in this Subsection 14; (b) are not exhaustive of all possible tenant population combinations in a HOME-ARP Project acceptable by the City to meet the Qualifying Populations preference in this Subsection 14; and (c) do not represent the City’s desired/preferred HOME-ARP

Project tenant population combination, proposals will be evaluated based on the evaluation criteria set forth in Section I. (SCOPE OF

SERVICES), Subsection 27. (EVALUATION CRITERIA) below.

HOME-ARP Project Example 1:

Line

Number

Tenant Population Type Quantity of Units Percentage of Total Units Notes

1 Homeless* 3 30% A Qualifying Population; meets minimum percentage for Qualifying

Populations preference described in this Subsection 14.

2 At Risk of Homelessness* 2 20% A Qualifying Population

3 Fleeing/Attempting to Flee

Domestic Violence*

2 20% A Qualifying Population

4 Low-Income Households 3 30% Maximum percentage permitted to be occupied by low-income households who do not qualify as a Qualifying Population

Total 10 100%

*Line Items 1, 2, and 3 are Qualifying Populations and aggregate percentage of units are equal to the required minimum of seventy percent (70%) of HOME-ARP Project units to be restricted for tenancy by Qualifying Populations.

HOME-ARP Project Example 2:

Line Number Tenant Population Type Quantity of Units Percentage of Total Units Notes

1 Homeless* 50 50% A Qualifying Population; meets minimum percentage for Qualifying

Populations preference described in this Subsection 14.

2 At Risk of Homelessness* 10 10% A Qualifying Population

3 Fleeing/Attempting to Flee

Human Trafficking*

10 10% A Qualifying Population

4 Market-Rate Rentals 30 30% Maximum percentage permitted to be occupied by non-Qualifying

Populations

Total 100 100%

*Line Items 1, 2, and 3 are Qualifying Populations and aggregate percentage of units are equal to the required minimum of seventy

HOME-ARP Project Example 3:

1 Homeless* 36 100% A Qualifying Population; meets minimum percentage for Qualifying

Populations preference described in this Subsection 14.

Total 36 100%

*Line Item 1 is a Qualifying Population and percentage of units is greater than the required minimum of seventy percent (70%) of

HOME-ARP Project units to be restricted for tenancy by Qualifying Populations.

HOME-ARP Project Example 4:

1 Homeless* 76 40.4% A Qualifying Population; meets minimum percentage for

Qualifying

Populations preference described in this Subsection 14.

2 At Risk of Homelessness* 57 30.3% A Qualifying Population

3 Low-Income Households 30 16% Less than maximum percentage (30%) permitted to be occupied by low-income households who do not qualify as a Qualifying

Population^

4 Market Rate Rentals 25 13.3% Less than maximum percentage (30%) permitted to be occupied by non-Qualifying Populations^

Total 188 100%

*Line Items 1 and 2 are Qualifying Populations and aggregate percentage of units are greater than the required minimum of seventy

^Aggregate percentage of low-income households who do not qualify as a Qualifying Population and other non- Qualifying Populations cannot exceed thirty percent (30%).”

2.16. Limiting/Reserving Tenancy to Qualifying Populations - Subpopulations

HOME-ARP Projects may be reserved for tenancy to a specific subpopulation of a Qualifying Population identified in Section

I. (SCOPE OF SERVICES), Subsection 13. (ELIGIBLE BENEFICIARIES), Subsection 13.1. (Qualifying Populations) of this RFP above, 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 (described in Section I. (SCOPE OF SERVICES), Subsection 13. (ELIGIBLE

BENEFICIARIES), Subsection 13.1. (Qualifying Populations), Paragraph 1. Above) and at risk of homelessness households (described in

Section I. (SCOPE OF SERVICES), Subsection 13. (ELIGIBLE BENEFICIARIES), Subsection 13.1. (Qualifying Populations), Paragraph 2.

Above).

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 in Section I. (SCOPE OF SERVICES), Subsection 13. (ELIGIBLE BENEFICIARIES) above (e.g., domestic violence services, persons with disabilities). However, no otherwise Qualified Population eligible 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 Rehabilitation Act, HUD’s Equal Access Rule, and the Americans with Disabilities Act, as applicable.

2.17. 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 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

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…