Low_Income_Housing_Tax_Credit_RFP.pdf

REQUEST FOR PROPOSAL (RFP)

FOR

REAL ESTATE DEVELOPMENT

Low-Income Housing Tax Credit (LIHTC) Program

TAX CREDIT APPLICATION

ISSUED: APRIL 1, 2025

DUE BY: May 2, 2025 AT 5:00 PM

Table of Contents

INSTRUCTIONS TO DEVELOPERS

I. SCOPE OF SERVICES

GENERAL INFORMATION

ESSENTIAL ELEMENTS FOR CONSIDERATION

SITE CONSIDERATIONS

PROCESS

SUSTAINABLE DEVELOPMENT

ROLE OF THE DEVELOPER

II. EVALUATION OF PROPOSALS

A. SELECTION CRITERIA AND POINTS

SUBMISSION REQUIREMENTS

III. EVALUATION/SELECTION PROCESS

A. INTRODUCTION

PROPOSAL EVALUATION

IV. SUBMITTAL REQUIREMENTS

A. THRESHOLD REVIEW CHECKLIST

COMPANY OWNERSHIP INFORMATION

REFERENCES

ADDITIONAL FINANCIAL INFORMATION

V. PROJECT PROPOSALS

A. SUBMITTAL FORMAT REQUIREMENTS

SUGGESTED GUIDELINES FOR PREPARING PROPOSAL

REQUIRED DOCUMENTS FOR SUBMITTAL

VI. GENERAL CONDITIONS

A. GENERAL INFORMATION

FLORIDA PUBLIC RECORDS LAW

CITY OF TAMPA ETHICS CODE

WMBE PARTICIPATION

SLBE PARTICIPATION

INCURRED EXPENSES

PROPOSALS BINDING

GOVERNING LAW/VENUE

COMPLIANCE WITH LAWS

CONTRACT TERMINATION

EQUAL OPPORTUNITY

EMPLOYEE VERIFICATION

INDEPENDENT CONTRACTOR STATUS

SCRUTINIZED COMPANIES

CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME)

NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT

ASSIGNMENT AND SUB-CONTRACTING

QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS

COMMUNICATION POLICY

PROCUREMENT PROTEST PROCEDURES

PROPOSER’S CRIMINAL HISTORY SCREENING PRACTICES

INDEMNIFICATION

Z. INSURANCE

INFRASTRUCTURE PLANNING

VII. FORMS

INSTRUCTIONS TO DEVELOPERS

Developers responding to this RFP must complete ALL items requested in the RFP package.

PROPOSALS MUST BE RECEIVED NO LATER THAN 12:00 PM (EST), May 2, 2025. The proposal must be submitted through the OpenGov procurement portal. Where indicated original signatures shall be in BLUE INK. Incomplete proposals or proposals submitted after the published deadline will not be considered.

A TECHNICAL ASSISTANCE WORKSHOP will be held in-person and virtually on April 15, 2025. The link and address to the Technical Assistance Workshop will be placed on the City’s website where the RFP Announcement is located.

After the Technical Assistance Workshop, Questions shall only be submitted through the OpenGov platform, no other inquiries will be responded to.

Clarification questions are due by April 21, 2025. Responses will be provided on or before

April 24, 2025.

Questions received via email regarding the RFP will not be addressed by the City, and answers will only be provided via OPENGOV. Any changes made to this RFP will be done by Addendum per the schedule noted above. The City reserves the right to notify the Developer by Addendum that the City will no longer allow additional questions regarding the RFP.

Attached are important instructions and specifications regarding responses to this RFP. Failure to follow these instructions may result in Developer disqualification.

Submission of Proposals will be accepted through the OPENGOV portal. No submissions will be received by mail, fax, email, or in person. For questions, please contact the Procurement contact identified in section 1.3..

No proposals shall be accepted after the time and date specified above. The Proposal Opening shall be open to the Public. Proposals received after the due date and time shall be rejected. Offers by telegram, telephone, transmitted by facsimile (FAX) machine or electronic mail (email) are not acceptable. No proposal may be withdrawn or modified after the time fixed for the opening of the

RFP.

I. SCOPE OF SERVICES

GENERAL INFORMATION

The City of Tampa’s Housing and Community Development (HCD) Department seeks to support the development of multi-family housing to address the needs outlined in the City’s Consolidated Plan and Local Housing Assistance Plan (LHAP).

The low-income housing tax credit (LIHTC) program is the federal government’s primary policy tool for encouraging the development and rehabilitation of affordable rental housing. The program awards developers federal tax credits to offset construction costs in exchange for agreeing to reserve a certain fraction of units that are rent-restricted and for lower-income households. There are two types of LIHTCs available to developers. The 9% credit is generally reserved for new construction and is intended to deliver up to a 70% subsidy. The 4% credit is typically used for rehabilitation projects utilizing at least 50% in federally tax-exempt bond financing and is designed to deliver up to a 30% subsidy.

The 9 % LIHTC plays a vital role in the production and rehabilitation of affordable rental housing across the United States and is an extremely successful and efficient method for facilitating the production and rehabilitation of affordable housing. On average, 50 % of the total financing for 9 % LIHTC projects comes from equity derived from the credit. Many states have used the 9 % LIHTC as their primary tool to facilitate the production and rehabilitation of affordable rental housing. In areas with high area median incomes and high rents, the 9 % LIHTC can effectively create new and preserve existing rental housing with below-market rents. Because of the higher incomes in these areas, LIHTC developments are financially feasible since LIHTC rents, while below-market, are tied to the Area Median Income (AMI) of the metropolitan area and as such will be higher in these areas than in areas with lower median incomes, leading to better cash flows for the property.

Under this RFP, the City of Tampa is seeking to award Geographic Area of Opportunity/Small Area Difficult to Develop Area (SADDA) funding in an amount not to exceed the Minimum required by FHFC. For purpose of this RFP please assume $750,000.

The City of Tampa may provide a letter of support and a financial commitment to proposed development projects that address the need for affordable housing while de-concentrating areas of poverty, affirmatively further Fair Housing and Housing Choice objectives, meets one or more of the goals and objectives of the City’s Consolidated Plan and Local Housing Assistance Plan, and effectively achieves the essential elements for consideration noted below.

The City will provide HOME or SHIP funds to support the selected project(s). There will be only one selection for the 9% tax credit application. Applicants not selected may be considered for the 4% tax credit application depending on the City of Tampa’s available funding.

The letter of support will be valid for the current Florida Housing Finance Agency Tax Credit and Bond applications due on or before late summer 2025 (estimated). The letters of commitment will be valid for one year from the date of issuance and may be renewed at the City’s discretion. During the one-year period a formal agreement must be negotiated and approved by the City Council.

ESSENTIAL ELEMENTS FOR CONSIDERATION

Following are essential elements that are strongly recommended to be considered in the design of this development.

• Demonstrated history of the applicant team in effectively dealing with regulatory compliance associated with the use of federal and/or state housing-related funds, especially HOME or SHIP program funds.

• Inclusion of a preliminary environmental review.

• Evidence that the affected community has successfully been engaged in the development process.

• Estimate of the total project cost, including design, planning, hard and soft construction cost, property acquisition, infrastructure, furniture, fixtures and contingencies, etc.

• A narrative description of the project to include the following information:

o Population to be served.

o Project benefits (i.e. # of affordable housing units, increase in tax base, job creation, green building elements, handicap accessibility, homeless units set aside, etc.).

o Status of funding commitments (all Sources and Uses).

o Project timeline (completion and lease-up). Include all key dates, including anticipated timing of permits and credit underwriting, Housing Credit closing date, completion of construction, rent up, and stabilization.

• A detailed description of the nature of the project to be constructed and/or rehabbed, including acres, square feet, number of stories, number of units, unit size, amenities, etc.

• General site plan showing building positioning on site, right-of-way ingress, egress, access points and circulation, location of nearest bus stop and transit routes.

• Demonstration that the property is appropriately zoned or is currently pursuing necessary zoning.

• Map showing other affordable housing projects in the area within a 5-mile radius.

• Renderings and photos of the proposed project.

It is understood that the project proposed has not yet been fully developed; we are seeking concise documents that provide the pertinent information. The proposal should provide sufficient information to enable the City to assess how well the project will meet the goals outlined in the City’s Consolidated Plan, the City’s Local Housing Assistance Plan (LHAP), and community’s needs. Each Application shall be reviewed for feasibility and ability of the Applicant to proceed with construction of the Development.

SITE CONSIDERATIONS

The Development should be sensitive to, and compatible with, the surrounding neighborhoods in both design and scale, while achieving the optimized housing goals and community benefits. The development must also comply with all land use, zoning, comprehensive plan, and future land use designations. Amenities for bicyclists and pedestrians to connect to HART’s transit system is highly encouraged.

PROCESS

The City seeks developers, development firms, and development teams to submit sufficient information to enable the City to select qualified development entities. These developers may be invited to participate in a secondary proposal presentation process to enable a final selection.

Community engagement with quarterly updates is required. Employment Business Opportunities and commitments as a part of the development and build process is strongly encouraged.

The City of Tampa shall review and provide a recommendation to the City Council for approval of the selected development plan prior to the selected Developer proceeding to the development stage.

SUSTAINABLE DEVELOPMENT

The selected developer acknowledges and agrees that it will comply with the City of Tampa’s rules, regulations, and ordinances pertaining to constructing sustainable buildings that conserve the community’s natural resources, save taxpayer dollars, reduce operating expenses, and create a healthier built environment for employees, tenants, and visitors. The Development must be designed to achieve LEED Silver, with possible substitution for comparable standards as appropriate.

The City of Tampa is building toward a more resilient and sustainable future; therefore, it is expected that the housing units will incorporate energy efficiency measures and the design will encourage recycling, gardening, composting, and a healthy lifestyle. This development should be not only transformational in its appearance and uses but also transformational in the equity/wealth of the residents and the area.

ROLE OF THE DEVELOPER

The selected developer must:

• Assume overall responsibility for implementation of the development

• Recommend the property disposition with supporting rational

• Make provision for meaningful performance and completion guarantees

• Design and construct the project(s) in accordance with the terms and specifications presented by the City and memorialized in a Development Agreement

• Pay damages if the project(s) are not completed on the timelines memorialized in the

Development Agreement

• Maintain appropriate insurance policies at levels specified in the Development Agreement which must name the City as an additional insured and indemnify the City.

II. EVALUATION OF PROPOSALS

The City will be under no requirement to complete the evaluation by a specific date and reserves the right to cancel, suspend, or postpone the evaluation process due to budget constraints, time constraints, or other factors as directed by the City. It is anticipated that the review/evaluation process will be completed in a timely manner.

A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct an evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The City reserves the right to reject any and all proposals, and potential inclusion of a Developer into the interview process shall in no way be deemed to create a binding contract or agreement between the Developer and the City.

Proposers are advised that the City intends to select the developer that the City determines is the most responsive and responsible proposal.

A. SELECTION CRITERIA AND POINTS

CRITERIA POINTS

Cover Letter Threshold Organizational Capacity 5 points Environmental Review 10 points Project Description 15 points Project Readiness/Program Implementation Schedule 15 points Financial Capacity – Leverage, Budget 20 points WMBE Participation 20 points Community Engagement 15 points

TOTAL POINTS 100 points

SUBMISSION REQUIREMENTS

All responses to this RFP must include the following:

1. Cover Letter/Concept Proposal (Threshold): An introductory cover letter signed by Respondent, identifying the lead firm, the primary contact mailing address, email and phone number. The cover letter must also include:

a. The lead firm’s Federal Taxpayer Identification Number

b. Type of Organization. (Sole Proprietorship, General Partnership, Limited Partnership, Corporation, Subchapter S Corporation, Limited Liability Company, Joint Venture, Trust, etc.) and Date Organization established.

c. List of Florida Counties where Developer is licensed and/or has done business during the previous five (5) years.

d. A statement that the respondent has reviewed this RFP including a list of all specific addendums that the City may subsequently issue

e. Evidence of completion of at least three affordable rental housing developments, and at least one project that was financed utilizing low income housing tax credits.

2. Organizational Capacity (Maximum 5 points)

a. Describe anticipated team structure and staff.

b. Identify key project management and planning team members.

c. Describe the specific role/responsibility each would play in the project as well as experience these individuals have in similar projects.

d. Describe your staff and team’s capacity to complete similarly sized projects in a timely and efficient manner, while providing high quality workmanship and organization.

Provide client references.

e. Provide resumes of key personnel of the team.

f. Identify current and previous development experience of the team regarding comparable developments in size, magnitude and use. This information should include project descriptions, photos, renderings, or plan copies (if available), dates completed, proposer’s role, financing sources, duration of development process and other key information.

3. Environmental Review (Maximum 10 points) An environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The environmental review process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users.

a. Identify if any potential environmental impacts exist that may delay the development of implementing the project. Provide any Phase I or assessment documents.

4. Project Description (Maximum 15 points)

a. Respondent should describe its approach to managing the planning, design approvals, financing, phasing, development, construction, and operation of other similar development projects.

b. Include preliminary development concepts for the site.

c. Describe sustainable construction practices that you will/do follow.

d. Describe your marketing plan.

e. Describe additional energy savings designs, systems and/or equipment that will be incorporated into your project that are not included in the LEED Silver requirements.

f. If available, include existing renderings of model homes proposed to be used for the project.

g. Cost per unit breakdown.

h. Ratio of low-moderate units.

5. Project Readiness/Program Implementation Schedule (Maximum 15 points)

a. Provide an estimated project schedule that includes design phase, city approvals, financial closings, site work, construction, lease up schedule for rental units and absorption for for-sale units.

b. Identify any barriers to implementing the project and how these barriers will be overcome or eliminated.

6. Financial Capacity, Leverage, Budget (Maximum 20 points)

a. Describe the financial capacity in place to undertake the development activities contemplated in this RFP. While a price proposal is not required at this stage, respondent should provide evidence and supporting documentation of the development team’s financial condition and capability to finance the proposed development.

b. The City will be interested in financial resources used for similar past projects, financing sources, and capital stack of past projects, as well as experience developing affordable housing.

c. The Proposer must include a preliminary financing plan showing the budget for he proposed development.

d. The Proposer must include match and leverage identified for the proposed development.

7. WMBE and SLBE Evaluation Points (Maximum 20 points)

a. A maximum of twenty (20) rating points may be awarded when the Proposer is a City of

Tampa Certified WMBE firm deemed underutilized within the industry category established by the RFQ.

b. A maximum of fifteen (15) rating points may be awarded when the Proposer is a City of Tampa certified SLBE with meaningful participation by City certified WMBE/SLBE sub-contractors/consultants.

c. One to Fifteen (1-15) rating points may be awarded when the Proposer is not a City of Tampa certified WMBE/SLBE prime contractor but utilizes either Underutilized WMBE and/or SLBE certified firm(s) as sub-contractors/consultants and assigned to perform meaningful segments of the contractual services detailed herein and documented on the enclosed MBD Form 10-20.

d. A maximum of seven (7) “discretionary” rating points may be awarded when the Proposer provides WMBE/SLBE participation from an external agency recognized by the City.

Discretionary points may be awarded for ancillary participation (see definition). The point values for ancillary participation may be subordinate to weighted values outlined in categories a, b and c above.

NOTE: *WMBE participation is narrowly tailored (per policy) to target underutilization of affected groups in specific trade/industry categories. Any WMBE/SLBE achievement that was not designated on MBD Form 70 is considered ancillary. Ancillary participation may be counted with overall participation and credited to your rating points when underutilization criteria are met.

The maximum number of points available for WMBE and/or SLBE participation will not exceed a total of twenty (20) points. The evaluation process of WMBE and SLBE participation will be evaluated by the City of Tampa’s Equal Business Opportunity Department Office. The Selected developer will be required to execute MBD Form 40 (Letter of Intent-LOI) with their subcontractors/sub-consultants prior to award.

8. Community Engagement (Maximum 15 points)

a. Describe the process used for informing the community of your proposed design and obtaining community support for your proposed development.

b. Describe the process you will use to keep the community informed of progress through the development process.

c. Identify existing activities or participation with other agencies or organizations that operate in the area surrounding the site.

d. Describe how the proposal will create minority and Section 3 employment opportunities.

e. Describe how your proposal will continue community engagement during the post construction phase the development process.

III. EVALUATION/SELECTION PROCESS

A. INTRODUCTION

Following the opening of the proposal packages, the proposals will be evaluated by an Evaluation/Selection Committee. The committee will be comprised of appropriate City personnel from multiple departments and members of the community, with the appropriate experience and/or knowledge, striving to ensure that the Committee is balanced with regard to race, ethnicity, and gender.

It is the Proposer’s responsibility to ensure that the proposal is complete. Proposals will be scored based on point totals and not a percentage factor. Contract award will be based on Technical Quality.

PROPOSAL EVALUATION

The Evaluation/Selection Committee will first evaluate and rank responsive proposals on the Evaluation Criteria listed below. The criteria are itemized with their respective weights for a maximum total of 100 points. The scores will be evaluated based on the best rated proposal providing the highest quality of service to the City of Tampa; scores in clusters; significant breaks in scoring; and/or maintaining competition.

If the Evaluation/Selection Committee chooses to request oral presentations, then the Proposers on a short list will be contacted and scheduled for oral presentations by the Evaluation/Selection Committee. Upon completion of the oral presentations, the Committee may re-evaluate, re-rate, and re-rank the proposals remaining in consideration based upon the written documents combined with the oral presentation. See Scoring Criteria Table on next page.

Rest of page left Blank Intentionally

Scoring Criteria MaxPoints available

Points awarded

Comment

A. Organizational Capacity (Maximum of 5 points)

• Management Team

• Grant administration capabilities

• Organizational History of Providing Affordable Housing

• Experience Working on HUD Funded Program

B. Environmental Review (Maximum of 10 points)

• Environmental Review Complete No Issues (no further action required)

• Environmental Review Mitigation Needed

C. Project Description (Maximum of 15 points)

• Describe the project

• Population Served

• Project Benefits (job creation, homeless set-aside, increase tax base, handicap accessibility, green building)

• Project is located near essential amenities o Cost per unit breakdown.

o Ratio of low-moderate units

D. Project Readiness/Program Implementation Schedule (Maximum of 15 points)

• Schedule is feasible and reasonable

• Zoning/land use

• Schedule fits with funding cycle

E. Financial Capacity/Leverage/Budget (Maximum of 20 points)

• Financial capacity of organization

• Cost Per unit

• Leverage % of total

• Detailed Budget/Sources and Uses

F. WMBE (Maximum of 20 points)

G. Community Engagement (Maximum of 15 points)

Total

IV. SUBMITTAL REQUIREMENTS

A. THRESHOLD REVIEW CHECKLIST

The Housing and Community Development Department utilizes standards set out in its Threshold Review Checklist to evaluate the proposals submitted by each Developer and assess the Developer’s standing and status to carry out work.

Listed below is the Threshold Review Checklist. This checklist will be used to evaluate the following information:

o Are you or any member of your team on the following lists?

Federal Government’s list of “Excluded Parties” City’s list of Barred Companies State of Florida’s suspended vendors list or scrutinized vendors list, convicted vendors list, or discriminatory vendor list Federal debarred and suspended lists o Does your Company or any member of your team have any outstanding complaints on workmanship issues? Please explain in detail.

o Has your Company or any member of your team ever performed any repair or construction work for employees of the Growth & Development Department during the time the employee is/was assigned to the Growth & Development Division? Please disclose any and all details of such activities.

o Have you or any of your Company’s employees ever been convicted of a felony or are now under charges for any offense? Please provide all details.

COMPANY OWNERSHIP INFORMATION

o List of all Principals or Organization Chart. (Ownership Information – Partners –

Stockholders and % of Business Owned by each.).

o Developer EEO Information – is required to comply with Federal and City of Tampa Equal

Employment Opportunity Requirements. Please indicate whether or not 51% or greater of the firm is owned by a Female, Black, Hispanic, American Indian, Asian or Other Minority Designation recognized by the Federal Government. Date Organization established under present name, and list of any former business names, if applicable, during the previous five (5) years.

o Parent Company information, if applicable.

o If “Yes” to any of the four questions below, please provide detailed information:

Have you or any of your affiliates ever filed for bankruptcy?

Do you have any judgments, liens, or pending lawsuits?

Have you or any of your business affiliates discontinued business operations with outstanding debts?

Have you been a principal in any other entities over the last five (5) years?

REFERENCES

• List your projects completed within the past five (5) years to include: Location, and Total

Development Cost

• List of sub-contractors and material suppliers you work with on a regular basis: Include the Firm name, Address, Subcontracting Firm Contact Name with Telephone and Fax Number. (Indicate any WMBE and /or SLBE certification(s) where applicable)

NOTE: Both local references and references from outside the Tampa Bay area may be verified.

ADDITIONAL FINANCIAL INFORMATION

The City reserves the right to request a detailed statement of the Developer’s Financial Resources, to the extent necessary to establish the company’s ability to carry on the proposed work, if it sees fit to do so.

V. PROJECT PROPOSALS

A. SUBMITTAL FORMAT REQUIREMENTS

a. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Developer's ability to fulfill the requirements of the RFP.

b. All proposals are to be submitted through the City’s procurement software in OpenGov.

c. All documents that must be executed by the Developer must be executed in blue ink.

SUGGESTED GUIDELINES FOR PREPARING PROPOSAL

o Verify that your proposal is complete and that you have completely responded to all proposal items and compliance documents in the RFP.

o Make sure your proposal is well-organized and easy to read.

o Responses to questions should be brief and concise.

REQUIRED DOCUMENTS FOR SUBMITTAL

1. Uniform Review: In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be organized in the following manner and identified with tabs:

Please place each attachment in a numbered tab.

Title Page. Type the name of Applicant’s agency/firm, address, telephone number, name of contact person, email address, date, and the title of the RFP.

Table of Contents. Include a clear identification of the written material by section and by page number.

Tab #

1. Developer Experience and Capacity including at a minimum Tax credit projects completed last 5 years, history with FHFC applications, diversity that exists in the community for development.

2. Site info including at a minimum Folio numbers, acreage, current use, description of submarket

3. Map showing Project site in proximity to other Affordable Housing, Transit, Schools, Community Services, Employment centers.

4. Conceptual Site Plan and Elevations

5. Summary of due diligence such as Environmental, Geotech, Title, Survey, Drainage

6. Project description including at a minimum: unit types, bldg types, amenities, green features, M/WBE, community partnerships, populations served, community benefits, neighborhood impact, funding request.

7. Schedule through Stabilized operations

8. Proof of Site Control – THRESHOLD

a) Site Control must be demonstrated by the APPLICANT:

b) Eligible Contract

c) Deed or Certificate of Title

d) Lease

e) Provide evidence of Site Control

9. Proof of Zoning – THRESHOLD

a) Is the site appropriately zoned for the proposed Development: No ___ Yes ___

If the site is not currently zoned for the development indicate expected time frame for zoning:

b) Indicate current zoning designation (s):

c) Is the project permit ready (will permitting issue a letter stating): No ____ Yes ____

d) Current zoning permits units per acre, or for the site:

e) Total Number of Units in Development:

10. Financial model showing at a minimum: Rental rates, AMI levels, ancillary income, vacancy loss rate, operating expenses, Net Operating Income, Sources and Uses, 15-year operating proforma.

11. Project summary to include project name, number of affordable units, project address, cost per unit, other public funds, proposer funding(leverage/match) and total project cost.

12. Letter of interest from Tax Credit Syndicator and First Mortgage Lender Note: Provide evidence that the proposed use is permitted.

END OF PROPOSAL CONTENT

VI. GENERAL CONDITIONS

A. GENERAL INFORMATION

Proposal Due Date. Sealed proposals will be received no later than the date and time indicated the front of this document. Proposals will not be accepted after this time.

Addendum and Amendment to RFP. If it becomes necessary to revise or amend any part of this RFP, the City will provide notification of the addendum to all prospective Proposers who received the initial RFP. The City will not accept incomplete RFP responses.

It will be the responsibility of the Developer to contact the City prior to submitting their proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return the executed addenda with the RFP response.

FLORIDA PUBLIC RECORDS LAW

In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Developers should be aware that the Proposal and the responses thereto are in the public domain and are available for public inspection and copying. If the Developer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the Developer is required to do the following: (1) identify, with specificity, the information which the Developer asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the Developer's other Proposal documents, (3) clearly label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Developer's name and the Proposal number marked on the outside, and (4) specifically cite the applicable Florida Statute(s) and/or Federal Law that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations.

The envelope that contains the Developer's confidential/proprietary/exempt information must be submitted with the Developer's other Proposal documents. Developer is advised that failure to follow the aforementioned instructions may result in Developer's alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this Proposal will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the Contract will become the exclusive property of the City. *

Be aware that the designation of an item as exempt from public disclosure by a Developer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disclosure, Developer agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Developer’s designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure.

*NOTE: The City will not accept Proposal submittals when the entire submittal is labeled as exempt from public disclosure. Developer’s References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Proposal submittal as “non-responsive”.

i. In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

ii. In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies.

iii. The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Successful Developer agrees to comply with Florida’s Public Records Law, including the following:

a. Successful Developer shall keep and maintain public records required by the City to perform the services;

b. Upon request by the City, provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

c. Ensure that records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if Contractor/Awardee/Successful Developer does not transfer the records to the City;

d. Upon completion (or earlier termination) of the contract, Successful Developer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Contractor/Awardee/Successful Developer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Developer transfers all public records to the City upon completion (or earlier termination) of the contract, Successful Developer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor/Awardee/Successful Developer keeps and maintains public records upon completion (or earlier termination) of the contract, Successful

Developer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.

e. The failure of Successful Developer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Successful Developer until records are received as provided herein.

f. IF SUCCESSFUL DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO SUCCESSFUL PROPOSER’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT 813-274-8351,AND MAILING ADDRESS OF PURCHASING

DEPARTMENT, HANNA CITY CENTER BUILDING, 2ND FLOOR, 2555 E. HANNA AVE,

TAMPA, FLORIDA 33610.

Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under Section III, Content of Proposal, Tab 2.

CITY OF TAMPA ETHICS CODE

The Developer shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522)

• Moreover, each Developer responding to this Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any Contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such Contract or obligation. The Developer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2- 514(d))

• Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link:

http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa’s municipal codes published online by the Municipal Code Corporation at the website link:

https://www.municode.com/library/fl/tampa/codes/code_of_ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page.

WMBE PARTICIPATION

WMBE Participation. The City of Tampa administers the Women/Minority Business Enterprise (WMBE)

Program to promote the inclusion of WMBE Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified WMBE Companies deemed underutilized. To obtain a list of the City’s Certified WMBE Companies, visit the Equal Business Opportunity Office website at http://www.tampagov.net/ebo. Under Programs and Services select WMBE and SLBE Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names.

http://www.tampagov.net/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances http://www.tampagov.net/ebo

NOTE: In accordance with the Equal Business Opportunity Program Chapter 26.5, City Code, The City of Tampa’s WMBE policies are narrowly-tailored to identify underutilized WMBEs by Industry Category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process. Refer to MBD Form 70 to identify underutilized WMBEs by Industry Category and Section 4. Evaluation of Proposals for the WMBE Participation scoring criteria for this RFP. For this RFP the underutilized WMBE Industry Categories are Construction and Construction-Related Services.

SLBE PARTICIPATION

In an effort to promote increased opportunities for Small Local Business Enterprises (SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City’s Certified SLBE Companies, visit the Equal Business Opportunity Office website at http://www.tampagov.net/ebo.

Under programs and Services select WMBE and SLBE Directories. These directories include SLBE Certified Companies which are listed by Type of Services and by Company Names.

NOTE: In accordance with the Equal Business Opportunity Program, Chapter 26. 5, City Code, SLBE vendors are eligible for weighted points in the selection process. Refer to Section 4. Evaluation of Proposals for the SLBE participation scoring criteria for this RFP.

INCURRED EXPENSES

The City is not responsible for any expenses which Developers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs associated with travel, accommodations, interviews or presentations of proposals.

PROPOSALS BINDING

All proposals submitted shall be binding for 180 calendar days following the opening.

GOVERNING LAW/VENUE

The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida.

COMPLIANCE WITH LAWS

The Developer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida, Hillsborough County, and the City of Tampa. It shall be the responsibility of the Developer to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Failure to comply with all applicable laws, ordinances and codes may lead to termination of the Contract.

http://www.tampagov.net/ebo

CONTRACT TERMINATION

When deemed to be in the best interest of the City, the City may cancel any award resulting from this specification by the following means:

• 10-day written notice with cause; or

• 30-day written notice without cause.

EMPLOYEE VERICATION

In accordance with Section 448.095, Florida Statutes, the Successful Developer agrees to register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the award/contract for the services specified in the award/contract. The Successful Developer must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the award/contract term. If the Successful Developer enters into a contract with a subcontractor, the subcontractor must provide the Successful Developer with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Successful Developer shall maintain a copy of such affidavit for the duration of the award/contract. If the City has a good faith belief that the Successful Developer has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Successful Developer, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the award/contract was terminated. The Successful Developer is liable for any additional costs incurred by the City as a result of the termination of the award/contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Successful Developer has otherwise complied with the law, the City shall promptly notify the Successful Developer and order the Successful Developer to immediately terminate the award/contract with the subcontractor.

INDEPENDENT CONTRACTOR STATUS

The Developer agrees that its status shall be that of an Independent Contractor during its performance of this Contract. The Developer and Developer’s employees and agents have no employer-employee relationship with the City. The City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments; nor will the City furnish any medical or retirement benefits or any paid vacation or sick leave.

SCRUTINIZED COMPANIES

Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria.

A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount.

A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more.

Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met.

If the City determines the Successful Proposer submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the Successful Proposer has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Successful Proposer notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes.

CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME)

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a proposal on a Contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, Subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($10,000.00 and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute

287.133 (2)(a)]

NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT

The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa (City).

The Successful Developer shall comply with the following Statement of Assurance:

During the performance of this Contract, the Successful Developer herein assures the City, that said Successful Developer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida

Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Developer does not on the grounds of race, color national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said Successful Proposer’s employees or applicants for employment.

The Successful Developer understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered material breach of this Contract. Furthermore, the Successful Developer herein assures the City that said Successful Developer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved.

This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.

The Successful Developer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this Contract. The Successful Developer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No. 2008-89.”

For additional information contact the Equal Business Opportunity Department Office at 813/274- 5543 or 813/274-5512 or http://www.tampagov.net.

ASSIGNMENT AND…