CITY OF TUCSON

REQUEST FOR PROPOSAL

270145

LICENSED REAL ESTATE BROKERS FOR CITY OF TUCSON

RESIDENTIAL HOME SALES

Due Date: Wednesday, September 16, 2026

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/291461

PUBLISH DATE: August 7, 2026 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 270145

BUSINESS SERVICES DEPARTMENT Page 2 of 40 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Raquel Duarte

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4469

Attachments:

A - Offer and Acceptance

E - HUD-5369-B

F - HUD-5370-C1 (MWRD > $250,000)

G - HUD-5370-C2 (MWRD > $2,000)

I - HUD-SECTION 3 (FY26)

BUSINESS SERVICES DEPARTMENT Page 3 of 40

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 270145

TITLE: Licensed Real Estate Brokers for City of Tucson Residential Home Sales

SUBMITTAL DUE DATE: Wednesday, September 16, 2026 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Friday, August 14, 2026

TIME: 10:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/286175678872236?p=qjoHvgqfMAv6MuWtkx Meeting ID: 286 175 678 872 236 Passcode: R4mk3LL2

QUESTIONS SHALL BE DIRECTED TO: Raquel Duarte

(520) 837-4469 raquel.duarte@tucsonaz.gov

Posted Date: Friday, August 7, 2026

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

BUSINESS SERVICES DEPARTMENT Page 4 of 40

B. INTRODUCTION

B.1. Summary

The City of Tucson Housing and Community Development Department seeks proposals from Licensed Real Estate Brokers with community development experience. Community development experience may be demonstrated by the following: aiming to improve communities through collaborative efforts, having an extensive knowledge of, and expertise on, issues of importance to the community, and having established working relationships with nonprofit organizations and local stakeholders with a specific understanding of down payment assistance program requirements. To ensure adequate coverage and flexibility, the City intends to award contracts to multiple Licensed Real Estate Brokers to market, manage and resale city owned Public Housing single family residential homes as a result of this solicitation.

This solicitation includes distinct categories for Brokerage Services and Asset Preservation. Offerors may submit proposals for one or more categories based on their qualifications and capacity.

B.2. Background

Licensed Real Estate Brokers will facilitate the resale of the properties acquired through various city, federal and state funding sources. They will coordinate with any approved agency and City of Tucson Staff to ensure a smooth and efficient sale of the property. Contractor and Contractor Personnel will comply with applicable provisions of 24 CFR Part 100 of the Fair Housing Act.

The City of Tucson is seeking to encourage participation by respondents who are Minority and Women Owned businesses and/or Section 3 business enterprises.

B.3. Contact Information

Raquel Duarte contract officer Email: raquel.duarte@tucsonaz.gov Phone: (520) 837-4469 Department:

Housing and Community Development mailto:raquel.duarte@tucsonaz.gov tel:(520)837-4469

BUSINESS SERVICES DEPARTMENT Page 5 of 40

C. SCOPE OF WORK

C.1. Listing Requirements:

1. The fee is for the listing only, which will not be allowed to affect the terms of the existing plans or the documents of the City necessary to comply with the plans, the Contractor will be provided with an Exclusive Right to Sell/Rent Listing Agreement with each listing submitted. Any terms in the Exclusive Right to Sell/Rent Listing Agreement in conflict with City/Federal documents thereunder are void.

2. The Contractor will review and electronically acknowledge all paperwork submitted during the transaction. The designated broker is required to review each listing agreement, or similar instrument within ten (10) business days of the date of execution by placing the designated broker’s initials and date of review on the same page as the signature of the parties. (Ariz.Rev.Stat. § 32- 2151.01(G)).

3. The property shall be listed on the AZMLS within 24 hours of receiving the request.

4. The Contractor will manage the filing, storing, and maintenance of the designated broker’s copies of transaction documents. The designated broker’s is required to keep records of all transactions handled by or through the designated broker, including copies of sales contracts and agreements; earnest money receipts; closing or settlement statements showing all receipts, disbursements and adjustments;

residential and/or nonresidential lease agreements; rental agreements; and, if applicable, a copy of the escrow instructions, listing agreement, employment agreements (property management, listing and buyer-broker agreements) and release of earnest monies. The designated broker is required to keep the records of each transaction for a period of at least five (5) years from the date of the termination of the transaction or employment. (Ariz.Rev.Stat. § 32-2151.01(A)). The designated broker is required to keep an original or copy of any document evidencing a rejected offer to purchase real property for at least one year OR five (5) years if a binding contract ultimately results. (Ariz.Rev.Stat. § 32- 2151.01(H)(1)). The designated broker will remain the Custodian of Records for the purpose of Arizona Public Records law.

A. The Contractor will review all advertising to ensure compliance with the Commissioner’s rules on advertising. (Ariz.Admin.Code § R4-28-1103(A) and R4-28-502(G)).

B. The Contractor will maintain an active Brokers/Company Real Estate License and continuing education requirements. Maintain an active Arizona Regional Multiple Listing Service ("MLSSAZ) subscription ("Flexmls/Monsoon"), and membership in the National Association of Realtors, Arizona Association of Realtors and Tucson Association of Realtors.

C. This is a Limited Agency relationship and Contractor will not represent the Seller in any resulting transaction, sell the property, procure or attempt to find a buyer, negotiate the sale, review or present offers, and is not a Broker/Client relationship as defined in Ariz.Admin.Code R4-28.

Seller waives the requirement that negotiations shall be conducted exclusively through the Contractor and that no licensed representative of the Contractor will be available for 24 hours to review or present offers. Scope of Work conducted exclusively through the Contractor and that no licensed representative of the Contractor will be available for 24 hours to review or present offers.

D. Seller to be primary contact for all Buyers Agents.

E. Seller agrees to pay the stated “Buyer's Agent Commission” on a transaction with any party who is represented by, introduced to, or shown the property by any buyer's agent, or a transaction arranged during the listing period or any extension, through any buyer's agent.

BUSINESS SERVICES DEPARTMENT Page 6 of 40

F. The Seller reserves the right to sell homes without listing them through the Contractor. Only sales that have been listed on the MLS system will be eligible for the flat listing fee.

G. Showings, key box codes, and alarm system codes are to be provided by the Seller to buyer’s agents.

H. Seller agrees to keep Contractor informed that it has accepted an offer, or any change in the sale status of the property, and to report changes within 24 hours, including:

I. acceptance of a “Contingent Offer”;

II. property sold “Subject To Inspection”;

III. property sold “Pending Closing”;

IV. property “Sold” and sale has closed; or

V. “Failed Sale”.

I. Seller to supply:

I. the identity of all parties;

II. price;

III. terms of sale.

J. Seller agrees to pay all fines imposed by the Multiple Listing Service due to City’s failure to report timely status changes to Contractor.

K. The Contractor will comply with all the rules of the Multiple Listing Service before posting, including reporting the terms of the sale to the Multiple Listing Service.

L. The Contractor is responsible for reviewing documentation, provided by the Seller, to ensure it complies with all applicable Multiple Listing Service requirements. Any fines imposed for infractions not identified by the Contractor prior to posting on Multiple Listing Service will be paid by the Contractor and not the Seller.

M. Seller authorizes Contractor to market the property on the internet. The Seller understands and agrees that the Property information, including photos, address, and phone number, may be displayed on some local, national, and other real estate companies’ websites. Seller further understands that Contractor has no control over the timing, quality, or content that will be displayed, or if some websites may exclude the Property entirely.

N. All photos are to be supplied by the Seller. The first photo to be the front of the Property and may not contain any text. The number of photos that can be submitted is limited by the Multiple Listing Service.

O. All changes to the listing must be made in writing. Contractor may make changes to the listing to comply with the Multiple Listing Service rules and regulations or as may be amended or changed by the Multiple Listing Service. The listing is subject to the terms and conditions of the Multiple Listing Service, not in conflict with HUD regulations.

P. Seller or Contractor may terminate this agreement with 48 hour written notice. If Contractor's cancel, Seller will receive a full refund of the “Fee” received by Contractor for then currently outstanding listings.

Q. Seller agrees:

BUSINESS SERVICES DEPARTMENT Page 7 of 40

I. that Contractor is not responsible for loss of or damage to personal or real property or person, whether attributable to use of a key box or a showing of the Property;

II. to take reasonable precautions to safeguard, protect, or ensure valuables that might be accessible during showings of the Property; and

III. to obtain insurance to protect against these risks. Contractor does not maintain insurance to protect City’s properties.

R. Seller acknowledges that it is the Seller's obligation to timely prepare and deliver to the buyer, among other things, a Residential Seller’s Property Disclosure Statement ("SPDS").

S. Should any court, mediator, or tribunal of alternate dispute resolution (ADR) find Contractor liable or negligent.

C.2. Brokerage Services:

A. View sites, develop scopes of services for appraisal firms, and obtain and manage appraisal services including completing and providing BPO's.

B. Prepare necessary documentation for processing escrows and closing transactions.

C. Participate in public meetings.

D. Make presentations to City staff and to Mayor and Council, if required, and make recommendations to City staff regarding the sale, marketing and listing of properties.

E. Obtain appraisal services and review appraisal services when required, utilizing the City of Tucson’s approved contract appraisal list.

F. Market the homes to individuals and families within the defined income limits.

G. Marketing the homes through all means available (MLS, Flyers, Open Houses, etc.).

H. Assisting the buyers and (if applicable) their agent through the process of home purchase.

I. Coordinating the resale of the home with the contracted agency, City of Tucson staff, title company, lender, buyer, and (if applicable) the buyer’s agent.

J. Showing the properties to purchase ready buyers.

K. Develop a complete understanding of the program requirements

C.3. Transaction Management:

Broker shall submit to the City, a copy of the closed sales file including the following items:

A. A fully executed Purchase Contract between the Buyer and the City

B. Any addendums to the Purchase Contract agreed to between the Buyer and the City

C. Any disclosures made by the Buyer

D. Any communication received or transmitted on behalf of the City or transaction

E. The title report for the property being purchased

BUSINESS SERVICES DEPARTMENT Page 8 of 40

F. The final closing statement prepared by the escrow company and signed by the Buyer or a certified copy without the Buyers signature

G. The contract log maintained by the Contractors agent

H. A copy of all advertising or marketing materials produced by the Contractor to market the City’s real property

I. A copy of the recorded Deed and any other recorded documents related to the transaction

J. Any other documentation that the Contractor believes the City may desire to retain or the City advises the Contractor to retain

K. Public facing online digital portal for the submitting of Offers and Purchase Documents with Seller access for review.

L. Online Transaction Management System with access for all participation parties with open transparency.

C.4. Asset Preservation

The selected firms will be expected to perform one or more of the following services:

A. Routine and emergency maintenance

B. Lawn care and debris removal

C. Winterization and de-winterization

D. Inspections (occupancy, condition, etc.)

E. Code compliance and violation correction

F. Minor and major repairs (roofing, plumbing, electrical, etc.)

G. Securing properties (boarding, lock changes, etc.)

H. Hazard mitigation (mold, pests, etc.)

I. Project management and reporting

BUSINESS SERVICES DEPARTMENT Page 9 of 40

D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director:The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

BUSINESS SERVICES DEPARTMENT Page 10 of 40

Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

https://procurement.opengov.com/portal/tucson-az

BUSINESS SERVICES DEPARTMENT Page 11 of 40

H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

BUSINESS SERVICES DEPARTMENT Page 12 of 40

If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system:

https://procurement.opengov.com/portal/tucson-az

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

BUSINESS SERVICES DEPARTMENT Page 13 of 40

D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at

(520) 791-4566 or email at license@tucsonaz.gov mailto:license@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 14 of 40

E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

1. Method of Approach

2. Qualifications and Experience

3. Price

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

BUSINESS SERVICES DEPARTMENT Page 15 of 40

E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within ten (10) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SUBMITTAL RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://procurement.opengov.com/portalucson-az/contracts

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and https://procurement.opengov.com/portalucson-az/contracts https://procurement.opengov.com/portalucson-az/contracts

BUSINESS SERVICES DEPARTMENT Page 16 of 40

E. The form of relief requested.

BUSINESS SERVICES DEPARTMENT Page 17 of 40

F. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Pricing Provide price proposal as requested on the Pricing Table.

N/A N/A

2. Qualifications & Experience Describe in detail experience in each of the areas mentioned in this section. Provide examples whenever possible. Include any supporting documentation.

A. Licensed with the State of Arizona (provide copy of current Brokerage Lic.)

B. Ten (10) years of experience selling residential real estate in Arizona (experience emphasis on residential Listing/Seller representation).

C. Three (3) years of knowledge and experience working with federal homebuyer assistance programs and buyer down payment assistance programs.

D. Provide resume, describing organization and background, including qualifications.

E. Provide a summary of knowledge and experience as it is related to carrying out the services described in this RFP.

F. Describe qualifications of the person(s) that will be performing services for this RFP.

G. Describe knowledge of local building codes and HUD/FHA property standards

H. Describe any experience you have had with government entities

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 18 of 40

3. Method of Approach

Listing Requirements: Describe in detail how you will provide support and services for each of the areas mentioned in this section.

Brokerage Services: Describe in detail how you will provide support and services for each of the areas mentioned in this section.

Transaction Management: Describe in detail how you will provide services in each of the areas mentioned in this section.

Provide examples. Include any technology/software being utilized.

Asset Preservation: Describe in detail how you will provide services in each of the areas mentioned in this section. Provide examples.

Provide any additional pricing for additional services offered.

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 19 of 40

G. PRICING

BROKERAGE SERVICES

Include costs/fees as it relates to this request

Line Item Description Number of Hours

Price No Bid

1 Fee to List Property (indicate percentage or flat amount, paid at close of escrow)

N/A

2 Buyer Broker Representation (indicate percentage or flat amount, paid at close of escrow)

N/A

3 Retainer fee (if applicable, can be for Sign and Lockbox install and photography)

N/A

4 BPO Evaluation Service (price is billed per hour)

5 Open House Hosting 2

6 Public meeting attendance, additional consultation (price is per hour billed)

ASSET PRESERVATION

Line Item Description Quantity Unit of Measure

Unit Cost Total No Bid

1 Labor rate for routine maintenance services (includes lock changes)

Hourly

2 Labor rate for emergency maintenance services (M-F before 7:00am, after 5pm & weekends)

Hourly

3 Labor rate for lawn maintenance and/or trash removal services

Hourly

BUSINESS SERVICES DEPARTMENT Page 20 of 40

Line Item Description Quantity Unit of Measure

Unit Cost Total No Bid

4 Labor rate for Winterization/De- Winterization services

Hourly

5 Labor rate for property inspections

Hourly

6 Board up services (Windows and/or Doors, includes labor)

Per Sq. Ft.

7 Exterior HVAC security (includes labor)

Per unit

8 Project Management Hourly

TOTAL

BUSINESS SERVICES DEPARTMENT Page 21 of 40

H. SPECIAL TERMS AND CONDITIONS

H.1. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

H.2. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

H.3. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 The Living Wage rates for the current calendar year can be found at the following link: https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living- Wage

H.4. PRICE ADJUSTMENT

At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to the Contract Officer a request for price adjustments based on documented increased Contractor costs and the City may, at its discretion, make price adjustments, which will apply during the extension term.

http://www.tucsonprocurement.com/coop_partners.aspx http://www.mesaaz.gov/home/showdocument?id=23638 https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage

BUSINESS SERVICES DEPARTMENT Page 22 of 40

H.5. HOUSING AND URBAN DEVELOPMENT (HUD) REQUIREMENTS

U.S. Department of Housing and Urban Development (HUD) funding may be utilized for the services under the resultant Contract. Therefore, the services under the resultant Contract are subject to the applicable HUD terms and conditions, included as attachments to this Solicitation. These terms and conditions cannot be modified or negotiated. By submitting a response, the Respondent agrees to abide by the applicable HUD terms and conditions included as attachments to this Solicitation and incorporated into the resulting Contract.

H.6. HOUSING AND URBAN DEVELOPMENT (HUD) MAINTENANCE WAGE

RATE DETERMINATION (MWRD)

Pursuant to Davis-Bacon and Related Acts (DBRA), all maintenance laborers and mechanics employed under contracts in excess of $2,000 for the operation and non-construction maintenance of the City of Tucson’s Public Housing Authority (PHA) units must be paid no less than prevailing wages determined or adopted by the U.S. Department of Housing and Urban Development (HUD). The HUD Maintenance Wage Rate Determination (MWRD) is included as an attachment to this Solicitation and is incorporated into the resultant Contract. Any revision to the MWRD will be made via an Addendum to this Solicitation or resultant Contract. In addition, the overtime requirements of the Contract Work Hours and Safety Standards Act (CWHSSA) are applicable to maintenance contracts in excess of $100,000. The Copeland “Anti-Kickback” Act also applies. By submitting an Offer, Offeror is thereby agreeing and verifying that they will not pay their employees at rates less than detailed within the HUD MWRD attached herein.

A. Reporting

1. Unlike construction contracts subject to Davis-Bacon wage provisions, the PHA maintenance contracts subject to HUD MWRD do not require the submission of weekly payroll reports. Contractors and subcontractors are still required to maintain payroll records and must make such records available to the PHA and/or to HUD, upon request (see Labor Relations Letter No. LR 2004-01).

B. Compliance

1. The Contractor and any/all subcontractors are responsible, on no less than a semi-monthly basis, for paying not less than the applicable wage rates to all maintenance laborers and mechanics in their employ and engaged in work under the contract. The Contractor is responsible for its own full compliance, and for the full compliance of any/all subcontractors, with all wage, overtime, and record keeping requirements included in the contract.

2. The PHA and/or HUD may conduct interviews with the laborers and mechanics on the jobsite to determine if the work performed and wages received are consistent with (a) the job classifications and wage rates contained in the applicable wage determination, and (b) the classifications and wages reported by the employer on certified payrolls.

3. For further information, please see Chapter 10, Section 10 of HUD Procurement Handbook for PHAs, 7460.8 REV 2 here:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handboo ks/pihh/74608.

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/pihh/74608 http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/pihh/74608

BUSINESS SERVICES DEPARTMENT Page 23 of 40

H.7. HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 3

A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD-assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

BUSINESS SERVICES DEPARTMENT Page 24 of 40

H.8. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of one (1) year year, unless terminated, canceled or extended as otherwise provided herein. The City may, at its sole option, extend the Contract's term for up to four (4) additional one-year periods or portions thereof.

BUSINESS SERVICES DEPARTMENT Page 25 of 40

I. INSURANCE REQUIREMENTS

I.1. REQUIRED INSURANCE POLICIES

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

I.2. COMMERCIAL GENERAL LIABILITY

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence: $2,000,000

B. General Aggregate: $4,000,000

C. Products & Completed Operations Aggregate: $2,000,000

D. Personal and Advertising Injury: $2,000,000

E. Blanket Contractual Liability: $2,000,000

I.3. COMMERCIAL AUTOMOBILE LIABILITY

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

I.4. WORKER'S COMPENSATION

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C. Disease Each Employee: $1,000,000

D. Disease Policy Limit: $1,000,000

E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor/LLC operating with only one agent form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

BUSINESS SERVICES DEPARTMENT Page 26 of 40

I.5. PROFESSIONAL LIABILITY (ERRORS & OMISSIONS)

Policy must have coverage limits no lower than:

A. Each Claim: $1,000,000

B. Annual Aggregate: $2,000,000

I.6. POLICY CHANGE NOTICE

Contractor will give the City 30 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

I.7. ADDITIONAL INSURED

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract. The coverage must be primary and any insurance carried by City is excess and not contributing.

I.8. CLAIMS-MADE COVERAGE

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

I.9. ADDITIONAL REQUIREMENTS

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

A. A waiver of subrogation endorsement in favor of the City, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

I.10. PUBLIC ENTITIES

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

BUSINESS SERVICES DEPARTMENT Page 27 of 40

I.11. SUBCONTRACTORS

Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

I.12. SUFFICIENCY OF COVERAGE

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

I.13. VERIFICATION OF COVERAGE

A. Contractor will give the City certificates of…