ATTACHMENTS TO RFP

ATTACHMENT 1: FORM OF NOTICE OF RFP TO BE PUBLISHED PER SEC. 163.380(3)(A),

FLORIDA STATUTES

ATTACHMENT 2: ACCEPTANCE OF BASIC L EASE TERMS

ATTACHMENT 3: PROJECT DESCRIPTION AND QUALIFICATIONS

ATTACHMENT 4: PROPOSED LEASE PREMISES BUSINESS TERMS

ATTACHMENT 5: PROPOSED BUSINESS TERMS FOR VACANT LOTS

ATTACHMENT 6: FINANCIAL CAPACITY

ATTACHMENT 7: CITY OF TAMPA INSURANCE REQUIREMENTS

ATTACHMENT 8: PROPERTY SPECIFIC INFORMATION – FLOOR PLAN

ATTACHMENT 9: ORDINANCE 2000-19, ORDINANCE 2000-29, AND SITE PLAN

ATTACHMENT “1”

FORM OF NOTICE OF RFP TO BE PUBLISHED PER SEC. 163.380(3)(A), FLORIDA STATUTES

ATTACHMENT “2”

ACCEPTANCE OF BASIC LEASE TERMS

• The availability of the Centro Espanol is tentatively estimated as February 2030. The final date will be determined based on the date the facility is vacated by the current tenant. The

Proposer must be ready to assume lease and occupancy of the building upon vacating by the current tenant.

• The “Lease Premises” shall include Centro Español (the main building, the theatre, and the paved parking and retention area surrounding the north and west sides of the building) and the North Lot.

• The Vacant Lots, which shall serve as ancillary parking for Centro Español only, are unimproved. Should Proposer's use of either or both vacant lots not comply with the building code requirements as it pertains to parking lots, Proposer shall make all necessary improvements to the Vacant Lots in order to comply with the Parking Requirements and with the Planned Development as provided in Ordinance 2000-19 and 2000-29.

• The lease shall be Triple Net with the Proposer responsible for all operating expenses, capital costs, repairs and maintenance expenses, taxes, special assessments, janitorial, security, utilities, insurance and indemnification in amounts specified by the City of Tampa (see

Attachment 7). This includes imminent repairs or replacement needed for HVAC and roof.

• The Property shall be provided As-Is.

• The building is on the National Registry of Historic Places and is designated as a Local

Landmark. All plans for renovation, restoration, or alteration of the structure are subject to approval of the Architectural Review Commission and/or Commission staff and must also adhere to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for

Rehabilitating Historic Buildings.

• Improvements desired by the Proposer to the building structure, roof, façade, systems and/or historic elements shall be made by the Proposer consistent with the historic character of

Centro Español. The Proposer shall submit to the City written plans, budget, and evidence of its ability to fund improvements and secure approval and permits from the City prior to the commencement of any improvements, renovations, or alterations to the Centro Español.

• Improvements desired by the Proposer for the purpose of interior remodeling shall be at

Proposer’s sole expense and only with the prior written consent of the City whose consent can be withheld at the City’s sole discretion.

• The Proposer shall submit the proposed lease term and rent in the format provided in the

Centro Español Proposed Lease Premises Business Terms Form (see Attachment “4”).

• The initial term of the lease shall be for ten (10) years, with two (2) options to renew for five

(5) years each.

• The lease may not be assigned without the prior written consent of the City of Tampa, whose consent may be withheld at the City’s sole discretion.

• Proposer shall not mortgage, lien or encumber the property.

• Property insurance shall be maintained by the City to cover all risk to the Lease Premises, including but not limited to fire, lightning, flooding, extended coverage sprinkler damage, theft, vandalism, malicious mischief, or any other catastrophe in an amount adequate to cover 100% of the total replacement cost of the Lease Premises. Cost of the insurance will be invoiced annually for a 12-month period and shall be paid by Proposer.

• Proposer shall maintain in a separate account cash reserves in an amount not less than

$50,000 and provide City with year-end banking statement evidencing activity of expenditures and replenishment.

• Proposer shall comply w ith the CDBG Use Restrictions and shall use the building in compliance with CDBG regulations outlined in Section B(3) o f the RFP. This restriction is permanent and any deviation from the intended uses described ab ove shall be cause for lease termination. Proposer shall provide reports specified by the City of Tampa to document compliance with CDBG program regulations.

• During the term of the lease the City will exercise some oversight over Proposer’s activities, including applicable provisions of the City’s Ethics Ordinance as may be modified from time to time.

• Subleases are prohibited without the express written consent of the City of Tampa which can be withheld at the City’s sole discretion.

• Should funding become available during the term of lease for the restoration of the theatre, the City will work with the Selected Proposer regarding temporary accommodations during construction.

• Proposer Comments regarding these proposed terms or any other significant related terms:

The Proposer hereby acknowledges and accepts the basic lease terms specified above.

By:

Name:

Title:

Date:

The City reserves the right to accept or reject any and all proposals, either in whole or in part, with or without cause, waive any informality of proposals, cancel the request for proposals and to make the award in the best interest of the City, subject to City Council approval.

ATTACHMENT “3”

PROJECT DESCRIPTION AND QUALIFICATIONS

1. Proposer(s) Information:

Legal Name as filed with the State of Florida:

Tax ID Number:

Tax Exempt Status:

Address:

Website:

List the names, addresses, telephone numbers, and email addresses of all parties (officers, principals, and members) germane to the redevelopment and lease of the local landmark.

Name:

Address:

Telephone:

Email:

Name:

Address:

Telephone:

Email:

Name:

Address:

Telephone:

Email:

List the names, addresses, telephone numbers, and email addresses of all parties authorized to represent the Proposer, such as developers, company officers, attorneys, real estate agents, mortgage loan officer, lending company, title company, etc.

Name:

Agency/Capacity:

Address:

Telephone:

Email:

Name:

Agency/Capacity:

Address:

Telephone:

Email:

Name:

Agency/Capacity:

Address:

Telephone:

Email:

Please state whether the Proposer or any member of the Proposer’s team (including any officer or principal of the Proposer or (as applicable) third-party architect, engineer or general contractor engaged by Proposer) are listed on the Federal Government’s list of “Excluded Parties” or on Florida State’s “Scrutinized Vendor List”, “Convicted Vendor List”, “Suspended Vendor List”, or the “Discriminatory Vendor List”.

Please state whether any of Proposer’s officers or employees have ever been convicted of a felony or are currently charged with any offense? Provide any relevant details.

Please state whether the Proposer or any of its affiliates have ever filed for bankruptcy, or have any outstanding liens? If so, please provide any relevant details.

2. Proposer’s Prior Experience:

Please provide a summary of any relevant experience of the proposer in connection with the lease at facilities similar to the Lease Premises. Such summaries of relevant experience shall meet the minimum proposer prerequisites set forth Section 5 of the RFP.

Description of operations and services provided for the past three (3) years, including a description of proposer’s benefit to the community and services provided to the community.

Please identify previous experience in property redevelopment and/or rehabilitation of historic buildings.

During the time period described in Section A(5)(a) of the RFP, proposers shall have satisfactorily performed or shall be performing under at least one (1) lease or license for another government agency and/or private company requiring similar services to those set forth herein. Such a determination of satisfactory performance shall be in the City’s sole discretion. A copy of the lease or license shall be attached to the response.

[ ] Copy of agreement attached.

Provide statistics for how Proposer helped in the community and how many clientele were served for the past five (5) years and the anticipated clientele to be served.

3. Project Scope a nd Development Intent:

Attach any drawings or plans you have to explain the proposed use.

Describe in as much detail as possible the proposed use(s) of the Lease Premises including any improvements that will be constructed, repaired, or rehabilitated and operated on the Lease

Premises (also described as the “Lease”) by the proposer consistent with the purpose of this RFP.

In particular, please describe how the proposed L ease is consistent with the purpose of this RFP.

Be sure to include proposed uses for Centro Español and the vacant lots independently. Explain fully how this proposed use compliments the historic building and the West Tampa community and how it complies with the CDBG Use Restrictions.

Describe the Proposer’s intent for use, if any, of the vacant parcels adjacent to the Centro Español owned by the City of Tampa.

4. Future Land Use, Zoning and Community Redevelopment Plan:

Confirm that the proposed use(s) of the Lease Premises will comply with or be consistent with:

The applicable goals, objectives, and policies of the 2040 Comprehensive Plan.

The City of Tampa, Land Development Code, as contained in Chapter 27 of the City Code of

Ordinances (“City Code”) and subject to all applicable and required administrative and quasi-judicial requirements and approvals.

The Community Redevelopment Plan for the West Tampa Community Redevelopment Area.

5: Project Timetable: Provide a detailed timetable for tenant improvements, renovations, and occupancy of the property.

6. Employment: Please identify what increased employment opportunities, if any, would result from the redevelopment and lease of this Project to the Proposer.

7. Neighborhood Business and Merchant Support: Please provide at least three (3) letters of support from other businesses and merchants in the area.

8. Enhancement to Area: Provide information on how your proposed redevelopment and lease will enhance the quality of life in the area.

9. Community Use: Describe how Proposer would make the Centro Español available for community uses. Include any restrictions or requirements that would be imposed.

10. CDBG Eligibility: Explain how Proposer’s use of the Property is restricted to a CDBG

National Objective and a CDBG eligible activity.

11. Proposer’s Diversity and Workforce Commitments:

General Diversity Commitment: Please confirm in writing that neither the Proposer nor any

Proposer’s employees, consultants, representatives, suppliers, sub-tenants, sub-contractors, or agents will discriminate against any person or entity because of race, sex, religion or national origin, sexual orientation, color, pregnancy, age, marital status, familial status, disability, gender identification, gender expression, genetic information, ethnicity, or any other basis as prohibited by law or City ordinances in connection with the Lease, including, without limitation, sub-contracting and the acquisition of materials/services in connection with the design and construction (if any) of the Lease Premises (and vacant lots (if applicable)).

Compliance with the City’s EBO and Apprenticeship Programs: Chapter 26.5 of the City Code, among other things, establishes the City’s “Small and Local Business Enterprise” and

“Apprenticeship” programs (collectively the “EBO & Apprenticeship Programs”). Will the

Proposer and the Proposer’s team voluntarily comply with and be subject to all or some of the

City’s EBO & Apprenticeship Programs contained in Chapter 26.5 of the City Code (linked here:

https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26.5EQB

UOPPR) in connection with the Lease, including any design and construction of the Lease

Premises (and vacant lots (if applicable))? If so, please provide details.

https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26.5EQB

12. Additional needs:

Identify any additional requests or needs from the City and provide additional information which you feel is pertinent to this redevelopment. Identify any additional benefits, both short and long term, the City will receive from this redevelopment.

Please specify any special or unusual contract or license terms and conditions requested by the

Proposer in connection with the License Agreement.

By:

Name:

Title:

ATTACHMENT “4”

PROPOSED LEASE PREMISES BUSINESS TERMS

The terms below relate to the Lease Premises as identified in Figure 1.

Annual Base Rent (Triple Net)/SF*:

Total Annual Rent:

Lease Commencement Date and Term:

Annual Escalation Rate %:

Tenant Improvements Cost Estimate:

Contribution toward Roof Improvements:

Annual Operating Expense Estimate (per square foot and annual):

Utilities/Janitorial

Insurance

Taxes

Maintenance

Maintenance Reserves

Other Lease Terms

*The lease shall be triple net with Proposer responsible for all operating expenses, capital costs, repairs and maintenance expenses, taxes, utilities and insurance and indemnification amounts specified by the City of Tampa. Annual base rent is above and beyond all aforementioned costs.

By:

Name:

Title:

ATTACHMENT “5”

PROPOSED BUSINESS TERMS FOR VACANT LOTS

If the respondent desires to use the adjoining north and/or south lots as identified in Figure 1, the terms associated with this use should be described below:

1. North Lot Intend to use: Yes No

Annual Base Rent (Triple Net)/SF*:

Total Annual Rent:

Annual Escalation Rate %:

Tenant Improvements Cost Estimate:

Commencement Date and Term:

Other Terms:

2. South Lot Intend to use: _____ Yes _____ No

Annual Base Rent (Triple Net)/SF*:

Total Annual Rent:

Annual Escalation Rate %:

Tenant Improvements Cost Estimate:

Commencement Date and Term:

Other Terms:

*Under any lease agreement the Proposer is responsible for all operating expenses, capital costs, costs associated with meeting code requirement, repairs and maintenance expenses, taxes, utilities and insurance and indemnification amounts specified by the City of Tampa. Annual base rent is above and beyond all aforementioned costs.

By:

Name:

Title:

ATTACHMENT “6”

FINANCIAL CAPACITY

Financial Profile: Use additional sheets as required to fully respond to questions.

1. Include three sources for future financial references such as banks, corporations, etc.

2. Describe the sources that will fund the building improvements, tenant improvements, use/improvements of vacant land (if applicable) or any other upfront costs of your proposal.

Please provide documentation to evidence the availability of the funding sources described.

3. Please provide evidence of Proposer’s ability to fund the annual rent and operating cost obligations of lease.

4. Has Proposer had a license/agreement/contract terminated for default/breach/cause in the last five (5) years immediately preceding the opening date of this RFP? Termination for default/breach/cause is hereby defined as notice by the counterparty to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined in a court judgement that the Proposer was in default/breach.

If Proposer has had a license/agreement/contract terminated for default/breach/cause in the time period set forth in the paragraph immediately above, please submit full details including the counterparty's full legal entity name, address, phone number, email address, and point of contact name. Additionally, please present Proposer’s position on the matter. The City will evaluate the information presented by Proposer and facts and may, at its sole discretion, reject such Proposer’s proposal on the grounds of its past experience. In the event a Proposer fails to disclose in its proposal any termination for default/breach/cause as described in this Paragraph

(a), upon the City’s discovery of such termination for default/breach/cause, the City shall have the right to either (a) reject such Proposer’s proposal from further consideration for award or

(b) immediately terminate any License Agreement and/or other agreements with such Proposer resulting from the award of this RFP (as applicable).

5. The Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Proposer in the last five (5) years.

If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect.

6. List of monetary contributions, including grants, received by Proposer from the State of

Florida, Hillsborough County, or other government entity over the past five (5) years.

7. Please provide estimated projected annual income for each year of the Term. Proposer’s income shall be itemized and include all applicable sources of revenue generated from the Lease

Premises (and vacant lots (if applicable)). Include all applicable supporting documentation to substantiate projected income (e.g., independently audited financial statements by a certified public accountant or financial statements on its company letterhead signed by its Chief Financial

Officer).

8. Attach the following documentation for Proposer in the order shown:

a. Federal Tax Returns for the past three (3) years.

b. Audited Financial Statements for the last three (3) fiscal years.

c. Operating and Business Plan.

d. Confirmation Proposer is a non-profit charitable organization with a 501(c)(3) designation, if applicable.

e. List of Board Members and resumes.

f. Articles of Incorporation and Bylaws.

By:

Name:

Title:

Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub-consultants, as applicable) of any tier subject to the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm’s obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City’s request and/or in response to a potential claim, litigation, etc.

The following coverages are required: (“M” indicates million(s), for example $1M is $1,000,000)

A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an “occurrence” basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement’s value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent).

B. Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent).

C. Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the Agreement, Worker’s Compensation as required by Florida law. Employer’s Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements.

D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC.

Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services.

ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida or which is an eligible surplus lines insurer and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing.

ATTACHMENT “7”

CITY OF TAMPA INSURANCE REQUIREMENTS

ADDITIONAL INSURED - City, its elected officials, departments, officers, officials, and employees shall be covered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used).

CANCELLATION/NON-RENEWAL – Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days’ notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm’s receipt from its insurer of any notices of same. If any policy’s aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City’s notice (or Award contact) address as stated in the Agreement with a copy to the following:

Purchasing Department, 2555 E Hanna Ave, Tampa, FL 33610 Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096

CERTIFICATE OF INSURANCE (COI) AND ENDORSEMENTS – to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors’ acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida.

CLAIMS MADE – If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder.

DEDUCTIBLES/ SELF-INSURED RETENTIONS (SIR) – must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City’s option being guaranteed, reduced, or eliminated (additionally if a SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy.

PRIMARY POLICIES - Firm’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees.. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the Firm’s insurance and shall not contribute with it.

UNAVAILABILITY – To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right, title and interest (but not any liabilities or obligations) under any applicable policies of insurance.

WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless.

ATTACHMENT “8”

PROPERTY SPECIFIC INFORMATION – FLOOR PLAN

Note: Floor plans do not reflect any interior renovations that may have been completed.

ATTACHMENT “9”

ORDINANCE 2000-19, ORDINANCE 2000-29, AND SITE PLAN

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