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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI AFFORDABLE HOUSING PIPELINE REQUEST FOR PROPOSALS 2019 REQUEST FOR PROPOSALS CONSTRUCTION/REHABILITATION/PERMANENT FINANCING FOR MULTI -FAMILY RENTAL DEVELOPMENTS AND MULTIFAMILY/SINGLE FAMILY HOMEOWNERSHIP DEVELOPMENTS LOCATED IN THE CITY OF MIAMI Date of Issuance February 25th, 2019 Copies of this RFP application are available at: City of Miami, Department of Housing and Community Development 14 NE 1st Avenue, Miami, Florida 33132, Second Floor, or at http://archive.miamigov.com/communitydevelopment/rfq.html 2019 Affordable Housing Pipeline Request for Proposals (RFP) Construction/Rehabilitation/Permanent Financing for Multifamily Rental Developments And Multifamily/Single Family Residential Homeownership Developments Located in the City of Miami TABLE OF CONTENTS A. Introduction/Overview 3 B. Proposal Submission Requirements 10 C. General Conditions 17 D. Regulatory Requirements 19 E. General City of Miami Reservations 20 F. Evaluation and Approval Process 23 G. Cone of Silence 28 Project Application Form 29 Supplemental Forms 37 Map of City of Miami Exhibit "A" Affordability Study Exhibit "Al" Resiliency Checklist Exhibit "B" Section 3 (if applicable) Exhibit "C" Insurance Requirements — Developer Exhibit "D" Insurance Requirements — General Contractor Exhibit "E" Conflict of Interest Forms Exhibit "F" Affirmative Fair Housing Marketing Plan Exhibit "G" 1 Ladies and Gentlemen: The City of Miami is seeking proposals for construction/permanent financing needs associated with construction/rehabilitation of affordable multi -family rental housing projects and homeownership developments. Properties under this RFP must be located in the City of Miami and must be made available for rental and/or homeownership by individuals or families with extremely low to workforce incomes adjusted for family size. The goal of this application process is for the City to establish an Affordable Housing Development Pipeline (AHDP) intended to address the affordable housing needs of the City. The AHDP is seeking development at various levels of readiness to be in line for City funding assistance. Each project submitted through this application process will be evaluated based on the criteria detailed herein and placed on queue. Periodically, the City will make available financing opportunities and look to project ability to proceed as defined herein. Enclosed is the City's RFP which contains detailed information as follows: eligibility criteria; RFP submission requirements; general conditions; regulatory requirements; general City of Miami reservations, and the evaluation and approval procedures pertinent to the proposal. Please carefully review all of the enclosed documents. Proposals must comply with all the submission requirements detailed in the RFP to be eligible for consideration. If any changes to the RFP are made, they will be posted on the Department of Housing and Community Development website at http://archive.miamigov.com/communitydevelopment/pages/rfq/.Proposals are due no later than 2:00 pm on Monday, March 25th, 2019, and must be delivered to the City of Miami Clerk's Office, Miami City Hall, 3500 Pan American Drive, Miami, Florida, 33133. The City welcomes responsive proposals and looks forward to working with all applicants to bring their projects to fruition. Sincerely, George Mensah Director Department of Housing & Community Development 2 A. INTRODUCTION / ELIGIBLE PROJECTS / FUNDING SOURCES The City of Miami ("City") is seeking proposals for the construction/rehabilitation /permanent financing needs associated with construction/rehabilitation of affordable multi -family rental housing projects as well as the construction and permanent financing of homeownership developments with five units or more, located within the City of Miami. Rental projects requesting funding under this process must be prepared to provide units that will be affordable to extremely low income (under 30% of area median income (AMI)), very -low income (50% AMI or below), low-income (80% AMI or below) and workforce income (up to 140% AMI). The number of assisted affordable units to be provided and the levels of income requirement shall depend on the funding type available at the time of funding availability. The minimum number of assisted units is determined by the percentage of City assistance to total project cost. The City of Miami reserves the right to make available funding from a variety of sources, including but not limited to Home Investment Partnership Program (HOME), State Housing Initiatives Partnership Program (SHIP), Community Development Block Grant Program (CDBG) and/or Affordable Housing Trust Funds (AHTF). A portion of the potential funding from the City may be provided from tax -Exempt or taxable bonds which would require continuing compliance under Federal and State of Florida Law, otherwise known as General Obligation Bonds (GOB). Funding shall be made available to assist in part with the development and permanent financing needs of the project. A: Eligible activities A.1 Multi -family Rental Projects (minimum 5 units) /Construction /Rehabilitation/Permanent Financing: For a project to be eligible, it must meet the following criteria: 1. The property must be located within the City of Miami. Map of the City is located in Exhibit A. 2. Minimum size of project is five (5) rental apartment units. (NO SCATTERED SITE) 3. Proposals will be accepted from developers that are nonprofit organizations, private for -profit organizations, general partnerships, and LLCs. 4. Borrowing entities that are City of Miami certified Community Housing Development Organizations (CHDO), or are partnered with a City of Miami certified CHDO, will receive additional consideration in the project scoring. 5. Funding will be considered for the new construction or rehabilitation of rental projects located in the City of Miami. 6. Funding subject to US HUD Release of Grant Conditions or a confirmation of exempt status (environmental clearance) has been issued for the Project (if applicable). 7. Funding from the City must be used for eligible project development costs. 8. Total Development Cost (TDC) shall not exceed the current TDC as published by the Florida Housing Finance Corporation for Housing Credit Financing for affordable housing developments in Miami -Dade County. Development size and type shall be consistent with the definition provided by Florida Housing Finance Corporation. 9. The maximum total amount of City of Miami financing shall not exceed 20% Loan to Cost (LTC) on projects containing 20 or more total units and 40% LTC on projects containing less than 20 total units. 10. Projects currently funded by the City of Miami are NOT ELIGIBLE for funding under this RFP. 3 11. Maximum allowable Developer Fee shall be up to 18% for Bond/4% Low Income Housing Tax Credit funded projects and no greater than 16% for all other type of funded developments. Developer's fees shall be calculated on total development cost less land cost/value and operational reserves. This fee is inclusive of all developer fee/overhead/consulting. 12. Rental projects requesting funding under this process must be prepared to provide units that will be affordable to extremely low income (30% of area median income (AMI)), very -low income (50% AMI), low-income (80% AMI), and workforce income (up to 140% AMU. The number of assisted affordable units to be provided and the levels of income requirement shall depend on the funding type available at the time of funding availability. The number of assisted units cannot be less than the City's prorate share of the total development cost which is determined by the percentage of City assistance to total project cost. Example: total city funding divided by total project cost, times total number of units, equals minimum of total assisted units. The following income chart contains the current income levels for 2018. These income levels are published annually by the U.S. Department of Housing and Urban Development and Florida Housing Finance Corporation. Projects considered for assistance will be required to comply with the limits posted at the time the City funds are being offered. HUD release: 3/30/2018 FHFC Posted: 4/9/2018 Effective: 4/1/2018 2018 Income Limits and Rent Limits Florida Housing Finance Corporation SHIP Program Percentage Income Limit by Number of Persons in Household County (Metro) Category 1 2 3 4 5 6 7 8 9 10 Miami -Dade County 30% 16,550 18,900 21,250 25,100 29,420 33,740 38,060 42,380 Refer to HUD (Miami -Miami Bch -Kendall HMFA; 50% 27,550 31.500 35,450 39,350 42.500 45,650 48,800 51.950 55.090 58,238 Miami -Ft. Lauderdale -Pompano Bch 80% 44,100 50,400 56,700 62,950 68,000 73,050 78,100 83,103 88,144 93,181 Median: 52,300 120% 66,120 75.600 85,080 94.440 102,000 109,560 117,120 124,680 132,216 139,771 140% 77,140 88,200 99,260 110,180 119,000 127,820 136,640 145,460 154,252 163,066 The following rental chart contains the current required rental limits for 2018. These limits are published and updated on an annual basis by the US Department of Housing and Urban Development (HUD) and Florida Housing Finance Corporation. Projects considered for assistance will be required to comply with the limits posted at the time the City funds are being offered. CITY OF MIAMI RENT LIMIT BY NUMBER OF BEDROOMS IN UNIT Percentage Category 0 1 2 3 4 5 30% 413 443 531 681 843 1005 50% 688 738 886 1023 1141 1259 60% 1,102 1,181 1,417 1,636 1,826 2,015 80% 1,653 1,771 2,127 2,455 2,739 3,022 140% 1,928 2,066 2,481 2,864 3,195 3,526 4 13. Upon completion of the construction/rehabilitation, City funding may remain as a permanent loan on the project. City Funding Loans/Terms: The following loan type and terms may be used: 1. Deferred Payment Loan: No debt service payments required. Property must maintain the required affordability structure for a period of 30 years. Failure to comply will result in the full repayment of principal and an agreed upon default interest rate. Full repayment of principal at the 30-year maturity. 2. Interest Only Loan: Interest only payments at up to 3% interest rate, payable monthly until maturity. All principal and interest due at maturity. Loan maturity can be set for a period up to 30 years. 3. Principal and Interest Amortizable Loans: Principal and Interest payments based on an amortization of 15 to 30 years, payable monthly at a rate of up to 3%, until maturity. Loan maturity can be set for a period of up to 30 years. 14. For Preservation projects, priority will be given to vacant properties; however, occupied properties may be considered if any of the following conditions apply 1.1. The property requires little or no rehabilitation. Any rehabilitation can be completed without moving any tenants. 1.2. The property has enough vacant units to be able to move tenants, or 1.3. The total project development budget can support a minimum of 6 months of relocation cost for all eligible tenants. A.2 Homeownership Projects, Construction/ Permanent Financing For a project to be eligible, it must meet the following criteria: 1. Proposals will be accepted from developers that are non-profit organizations, private for -profit organizations, general partnerships, and LLCs. 2. The property may be a single-family home, twin home, townhome type development or Condominium Developments. 3. The property must be located within the City of Miami. Map of the City is located in Exhibit A. 4. Funding will be considered for new construction of single family homes to be sold to_individuals or families with a gross annual income of no greater than one hundred and twenty (120%) percent of the Area Median Income (AMI), adjusted for family size. 5. Funding subject to US HUD Release of Grant Conditions or a confirmation of exempt status (environmental clearance) has been issued for the Project (If applicable). 6. Funding from the City may be used for construction (up to 50% LTC), however total City funding shall not exceed $50,000 per unit type whichever is less. 7. Maximum Sales Prices for newly constructed or existing rehabilitated, single family homes/townhomes/twin homes/condominiums are published annually by the U.S. Department of Housing and Urban Development (HUD). The 2018 maximum sales prices are $261,000 for existing 5 and $276,000 for new construction. Projects considered for assistance will be required to comply with the limits posted at the time the City funds are being offered. 8. Applicant is responsible to demonstrate how the proposed units will be affordable to the proposed income levels. An affordability study will be required on each unit type (Exhibit Al). 9. Funds may be used for land acquisition, development soft cost, financing costs, hard construction costs and may upon the completion of the construction of the unit, partially or entirely serve as a pass -through permanent loan to the eligible buyer of the completed unit. City Funding Loans/Terms: The following permanent loan types and terms may be used: 1. Deferred Payment Loan: No debt service payments required. Homeowner must maintain occupancy as primary residence for a period of 30 years (affordability period). Failure to comply will result in the full repayment of principal and default interest rate. Sale or transfer of the units within the affordability period shall result in the full payment of the loan. Other restrictions or provision may be imposed. Loan will be forgiven upon the completion of the affordability period. 2. Principal and Interest Amortizable Loans: Principal and Interest payments based on an amortization of 30 years, payable monthly until maturity at an interest rate not to exceed 3%, determined on the ability of the buyer's payment capacity. Sale or transfer prior to the affordability period will result in the full repayment of principal plus interest. Other restrictions may be imposed. 3. There shall be no payments of interest during the construction period. Upon the sale of a unit, the construction loan shall be repaid in accordance with a previously established unit release price. B: Scope of Services: With this Request for Proposals (RFP), the City is seeking proposals for the construction/permanent financing needs associated with construction/rehabilitation of affordable multi -family rental housing projects and affordable homeownership projects. Multifamily Rental Projects Developments selected, shall be provided funding from various sources available to the City at the time of offering. The limits provided below, are intended to provide guidance as to the potential affordable requirements and funding limits that can be expected. 1. For Affordable rental developments the following will apply: Minimum funding: $1,000 per unit Maximum funding: The maximum total amount of City of Miami financing shall not exceed 20% Loan to Cost (LTC) on projects containing 20 or more total units and 40% LTC on projects containing less than 20 total units. Developments that provide the City with the greatest number of assisted units at the lowest city loan per units will receive greater consideration. 6 Homeownership Projects Developments selected, shall be provided funding from various sources available to the City at the time of offering. The limits provided below, are intended to provide guidance as to the potential affordable requirements and funding limits that can be expected. 2. For Affordable homeownership developments the following will apply Minimum funding: $1,000 per unit Maximum funding: The maximum total amount of City of Miami financing shall not exceed $50,000 per unit. Funds may be used for land acquisition, development soft cost, financing costs, hard construction costs and may upon the completion of the construction of the unit, partially or entirely serve as a pass - through permanent loan to the eligible buyer of the completed unit. 3. If an amount of funding proposed by the City is lower than the amount requested by the Applicant, the amount will be provided with the condition that the Applicant will show their ability to move the project forward with such lower funds. 4. The minimum amount of required City of Miami assisted units shall be equal to the percentage of funds to total project cost less land value/cost (loan to cost). This RFP incorporates any funding sources available to the City of Miami. Applicants (or designated team) must be able to: • Obtain financing to supplement the City loan to acquire the land/building and develop/rehabilitate the project, including having in place all funding sources sufficient to complete the project. • Build the project in accordance with local building code requirements and US HUD's Housing Quality Standards. • Incorporate energy efficiency and conservation ("green") as well as resilient elements to the project. • When applicable, applicant must comply with all US HUD regulations, including but not limited to, Release of Grant Conditions (environmental requirements), Davis -Bacon Wage Rates, Fair Housing Act, Uniform Relocation Act, and Section 3 of the Housing and Urban Act of 1968 (Section 3) requirements. • Locate eligible renters/buyers in accordance with a U.S. Department of Housing and Urban Development Affirmative Fair Housing Marketing Plan. Selection of eligible tenants shall be from the results of a tenant lottery which shall be conducted with a representative of the City of Miami present. • Own, maintain, and manage the rental property in compliance with the terms of the City Program, for a term of 30 years. C: Qualifications: At a minimum, an applicant must demonstrate the following to be added to the Pipeline Queue: • Applicant including its principals, partners, member(s), and contractors, must be current in all financial obligations with the City of Miami. The City of Miami will not fund an organization or 7 agency with outstanding disallowed costs, defaulted loans, debarment actions, and / or is behind schedule on any currently City funded project or any other legal encumbrance, regardless of merits of the submitted proposal. ■ Applicant organization (principals) must demonstrate past record for successfully managing and completing similar housing projects and must have key personnel performing the requested services with significant experience in construction/rehabilitation of similar rental or homeownership housing projects, and on -going management of units. ■ General contractors and subcontractors must have current licenses/certificates and insurance in accordance with State of Florida Statutes and the City of Miami necessary to provide the services being requested in Scope of Services. ■ Site Control: Applicant must have control of the proposed development site, in the form of a deed, purchase agreement, and option contract or long-term lease of 50 years or greater ■ Applicants must provide an assessment of the current market demand in the neighborhood in which the project will be located. Note: If recommended for underwriting, the City will request a Market Analysis that supports these conclusions as well as copies of documentation including but not limited to underwriting reports, applications, budgets, etc., provided by borrower to all other funding sources provided in this application. D: Structure of Pipeline Selection Criteria: The City will consider/require the following criteria in the selection of project to be added to the Pipeline queue: 1. Publicly owned or leased land: Projects to be built on City/County or State acquired sites. 2. Projects providing the greatest number of ELI, VLI, And LI and Workforce units. 3. Projects for elderly or special needs population. 4. Projects benefiting from the City's Attainable Housing Ordinances that offer a greater number of affordable units than required by the Ordinances. 5. Projects located in transit corridors. 6. Project budget, 15-year cash flow analysis or sales affordability studies that meet the requirements as stated herein. 7. Leveraging funding commitment status. 8. Experience of development team. 9. Experience of Management/Sales team. 10. Affordable housing developments that offer community benefit integration. 11. Affordable housing developments that generate job creation through the development of commercial retail space. 12. Description of proposed development, i.e. rendering, elevations, floor plans, etc. The City will give priority for funding based on the following criteria: 1. Developed on City owned sites 2. Offering the lowest City loan to total project cost 8 3. Total number of City assisted units, including exceeding the minimum required 4. Total number of Workforce development units 5. Offering the greatest number of units serving ELI, VLI, and LI units 6. Location 7. Attainable housing development projects that provide higher levels of affordable units than that required by the attainable ordinances. 8. Developments serving the elderly 9. Ability to proceed: a. Permit plans in process b. Financing commitments in place c. General Contractor under contract It is the City's intention to fund as many applicants as possible, upon the availability of funding, to projects demonstrating the ability to proceed with the commencement of the project. Funds will be allocated until all funds available for the projects are allocated. The selection of the Applicants will be determined by the order of their total overall score and ranking (i.e., highest ranked first) and the applicants' ability to proceed, (I.e. funding in place, building permit readiness, etc.). Selected Applicants shall sign a loan regulatory agreement with the City. The agreement will include general legal and administrative provisions and all required City affidavits and may be updated periodically to reflect new City requirements. The City, at its discretion, may periodically add additional qualified Applicants using the application process if additional funds are allocated to this activity, or if award is returned to the City. At the City's discretion, selected Applicants may lose their allocation based upon lack of participation, poor performance as to quality, responsiveness and accuracy of services performed, being in arrears in obligations to the City, being behind schedule and any other reason specified by City policies and procedures. Selected Applicants shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to the RFP. Scoring: Review of proposals for funding will be based on a 100-point scoring system (attached). Tied Scores: Funding for projects determined ready to proceed, will be provided in ranked order, with the highest ranked proposal receiving funding first, subject to available funding. In the case that two or more Applicants score an equal number of points, funding will be provided to the project with the lowest per unit city cost. (Leverage is defined as city funding as a percentage of the total development cost). 9 B. PROPOSAL SUBMISSION REQUIREMENTS Applications will not be accepted at the Miami Riverside Center or the Offices of the Department of Housing and Community Development. Proposals submitted in person or by mail must be submitted to the following: 2019 Affordable Housing Pipeline Request for Proposals (RFP HCD2019-01) City of Miami City Clerk's Office, City Hall 3500 Pan American Drive Miami, Florida 33133 All proposals must be received by 2:00 p.m., Monday, March 25th, 2019, at the City Clerk's Office. Proposals submitted via facsimile will not be accepted. Proposals submitted after the deadline will not be accepted, reviewed or considered for funding in any manner. However, that application can be submitted subsequently as part of the Open Pipeline Application process. It is the sole responsibility of the applicant to ensure that proposals are submitted on time. Responses must be clearly marked on the outside of the package referencing: 1. Referenced to the RFP as indicated above 2. Full name and address of the applicant. 10 2019 Affordable Housing Pipeline Request for Proposals (RFP) Deadline for Receipt of Request for Additional Information/Clarification: Any request for additional information or clarification must be submitted by no later than Noon (12:OOPM), Friday, March 15th, 2019. Proposers may email their requests for clarification to the attention of Alfredo Duran, Deputy Director, housingRFP@miamigov.com. All responses shall be posted on line on Wednesday, March 20th, 2019. RFP Workshop: A workshop will be held on Tuesday March 12th, 2019, 2 to 4 p.m., Miami City Hall, Commission Chambers, 3500 Pan American Drive, Miami, FL 33133. All entities who are considering applying for assistance through this RFP are strongly encouraged to attend the workshop. Additional Information or Clarification: All requests must be in accordance with the deadline for receipt of questions specified in the RFP. The written request must contain the RFP title, Proposer's (Agency) name, name of Proposer's contact person, address, phone number, facsimile number, and email address. The responses to inquiries and any other corrections or amendments will be posted on the following web page, http://archive.miamigov.com/communitydevelopment/rfq.html, in written addenda issued prior to the Proposal Submission Date. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. Submittal Specifications: Responses must be bound and be submitted in triplicate (one original and two copies) and must be presented as follows: ■ Sequenced and tabbed according to the Sections as specified below under Application Contents ■ Be on8%"x11"paper; ■ Only one-sided page text with standard margins of 1"; ■ 12-point font size; ■ Pages and attachments must be sequentially numbered; and ■ Be contained in a secure binder or report binding. Required Proposal Content — All Applicants Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit respond in accordance with the requirements of this RFP. PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL. Proposers shall make the necessary entry in all blanks provided for the responses. The entire set of documents constitutes the RFP. The Proposer must return these documents with all information necessary for the City to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFP text is followed. All proposals shall be returned in a sealed envelope or package with the RFP Title and opening date clearly noted on the outside of the envelope. 11 Proposers must provide a response to each requirement of the RFP. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including enclosures such as charts, graphs, and illustrations should be clearly and consecutively numbered and correspond to the table of contents. The double asterisk (**) indicates that the specific forms are enclosed. Section I: Project Application and Narrative Under this section, include the Proposal Check -Off List Form** and the completed RFP Funding Application Form**. In addition, the following narrative is to be included in this section: Description of the project: Provide a summary description of the project including: ■ Project narrative and location map o Project construction/development stage o Project location: address and Census Block Group number o Total number of units and number of units to be assisted with HOME funds. o Type of units o Number of units per income target o Project costs (land/property acquisition cost and total development hard/soft cost) o Project amenities, such as appliances, air conditioning, type of flooring o Number of parking spaces o Laundry facilities o Security systems o Energy efficiency and green features o Community rooms and recreational facilities o Project City of Miami District location ■ Original photographs of property(s) ■ Dimensional schematic plans ■ Evidence of site control (option to purchase or deed or lease agreement) Persons who will benefit/target market: Identify the persons who will benefit from the project, outlining specifics such as income levels, age groups, etc. Local community: Identify and describe the project's neighborhood, demographic characteristics, the surrounding community, etc. Furthermore, provide a description of the access to basic services for all housing developments such as distance to schools or school bus stops, public transit, childcare, social services/recreational facilities. Finally, describe in detail how the proposed project will meet the needs of the local community. Section II: Statement of Capacity: Organizational Experience ■ Narrative of Organization History (Principals, if newly created entity) ■ Narrative: Qualifications of Development Team and/or Services Team ■ Applicant's Most Recent Financial Statements (last two years) (Principals, if newly created entity) 12 • Applicant's Most Recent Federal Income Tax Return (last two years) • Proof of City of Miami CHDO certification Under this section, the Applicant should include a thorough history of experience in developing and administering the type of project being proposed, including marketing and renting (multifamily). Applicants must provide a detailed list of completed projects, indicating the starting date, time required for completion, the completion date, the amount invested and financed for the project, a description of the project's elements and the role(s) played by each development team member that was involved. Include type of construction, project costs, number of units, and any energy efficiency features or any other green components incorporated into the development. For verification purposes, respondents must provide the addresses of the properties and the name of the general contractor of record. If you are familiar with U.S. HUD's Housing Quality Standards (HQS), please note that in this section. Also include any certifications or licenses, including Section 3 certification, LEED certification, or other Green Certifications. Development Entity: Respondents must have formed a development entity that assembles the requisite expertise, experience, financial, and management capability to develop, own and manage the proposed project. For the purpose of this RFP, development entities are defined as the legal entity submitting the proposal and with whom the City would enter into a contractual agreement, if funding is awarded. The City reserves the right to conduct a complete background investigation of the development entity and all involved principals, consultants, and sub -consultants, contractors and subcontractors prior to the final selection or execution of the agreement. Development entities and all involved principals, members, consultants, and sub -consultants, contractors and subcontractors that contain a member who previously defaulted, or is currently in default, on a City contract or are in litigation with the City, within the last 5 years, are not eligible to participate in this RFP process. The Applicant must attach a list of all key members of the development team. Submission of each team member's experience, individually, is also strongly advised, including their resumes. Note: The Applicant shall be the same as the borrowing entity. Section III: Statement of Capacity: Organizational Structure • Organizational Chart • Directory of Partners, Officers, Members, Directors & Shareholders • Joint Venture / Partnership Description or Agreement Under this section, the Applicant should provide an organizational chart and a list of the names, addresses and business affiliation for all general and limited partners, members, officers, directors, and shareholders. Disclosure of shareholders is only required for those shareholders owning more than a 10% interest in the company. A narrative outlining the history/background of each principal should also be included. If the project is a joint venture/partnership, a written agreement or description specifying the role of each organization in the collaboration must be included. Specifically note if an organization is a non-profit. Section IV: Proposed Approach to Providing the Services/ Marketing Plan Under this section, present how you will market the rental units to your customers. Describe any partners you will be using in outreach to the community. Additionally, Applicant should submit the applicable U.S. HUD Affirmative Fair Housing Marketing Plan form included in the Supplemental Forms section of this RFP. 13 Section V: Project Readiness, Feasibility, and Affordability ■ Project Development Schedule ■ Sources and Uses form ** ■ Project Feasibility & Ability to Proceed ** ■ Additional Financing (form, commitment letters, executed documents) ■ Justification for additional subsidy ■ One through Thirty year Operating Budget Financial Capacity: The Applicant shall provide proof of financial capacity so that a determination can be made that the development entity is capable of undertaking the project. Loan commitments must be from a Federal Deposit Insurance Corporation (FDIC) insured lending institution or a lender acceptable to the City of Miami. Additionally, the Applicant shall provide documentation as to what resources will be used to provide equity to the project, and documentation that supports future cash resources available or committed. Evidence of Availability of Project Financing** form must be completed. Borrower should identify/state any other sources of funds included in the application (i.e. financial statements, bank accounts) that may be substituted in place of financing provided, if needed. Borrower is responsible to provide detailed explanation regarding the nature or process of any financing provided that may not appear to be a firm commitment, as required. It is the responsibility of the applicant to articulate and demonstrate why this funding is in place, the time frame of its availability and the purpose it shall serve. Financial Plan: The proposal must include an operating assumptions statement listing the projected rental price per unit, number of units, and square feet per unit. Proposals must also include a description of the financing plan for the project, including a description and estimation of all sources of construction and permanent debt and equity funds to be used in the project and development cost estimates, with land, hard and soft costs (including development fees),and financing costs. For homeownership projects, proposals must include an affordability analysis of all unit types, showing how the income targeted homebuyers will be assisted, inclusive of all permanent loan financing that will used for the homebuyers. The City's financing needs must be clearly justified. In the application, the City shall require written evidence that the proposer has a firm and irrevocable commitment of all other funds necessary to develop the project, including other external sources of financing. The City reserves the right to further evaluate and/or reject financing commitments when the term, the identity of the financing source, or other aspect of such financing is deemed not in the best interest of the City or the project. Proposals must include: 1. A development budget, including sources and uses of funds 2. A 15-year cash flow analysis for rental developments or: 3. Affordability analysis for homeownership developments. The financial information requested above, shall be used to determine the readiness of a project, and where in the Pipeline Queue it shall be placed. An applicant that cannot provide commitments as stated above should not assume that their request will not be considered for future funding opportunities. 14 Operating/Marketing Plan: The proposal must include a narrative describing the management and operation of the proposed rental project. For homeownership projects, proposals must include a unit construction completion and sales absorption plan. 4. For rental developments, an operating pro -forma with analysis of projected revenues and operating expenses covering a 30-year loan term. The analysis shall specify the basis for these estimates and must include any source of non -rental revenue. Maximum rent limits shall be as indicated in this RFP. Greater considerations shall be given to rental developments that provide the greatest number of units to ELI, and VLI renters. In no event shall the breakdown of City assisted units be less than what the Federal HOME Program requirements minus utility allowances. This translates into Eighty (80%) percent of the assisted units shall be rented at the 80% of AM Rent Limits and Twenty (20%) percent of the assisted units shall be rented at the 50% of AMI Rent Limits. All non- assisted units may be rented at the market rental rates with the exception of Workforce Units which shall be rented at current Workforce levels as indicated herein. The affordability requirements associated with any benefit provided to the development from any City of Miami Zoning code shall also be observed. The current HOME Program Rent Limits are listed herein: 0 1 2 3 4 5 6 Low HOME Rents 688.00 738.00 886.00 1023.00 1141.00 1259.00 1377.00 High HOME Rents 871.00 964.00 1159.00 1331.00 1465.00, 1598.00 1732.00 Other Documents ■ Declaration of Financial Interests ** ■ Certification Regarding Debarment ** ■ Sworn Statement on Public Entity Crime ** Section VI: Resiliency Components The City of Miami is committed to making the City's housing stock more energy efficient and resilient. In Exhibit B, check the items which you will incorporate into the project. The first category is considered mandatory, and is not negotiable. All first category items must be provided in all projects. The second category consists of other green and resilient components, of which, the Applicant must pick five (5) items. These will increase the commitment to our affordable housing families that they will benefit in the future from living in a "resilient building." Fill out the five (5), second category checklist for items you are willing to provide to make the project a "resilient building". Section VII: Technical Information ■ Legal description of the property (must be provided on all applications) ■ Phase I Environmental Report (optional at time of application, required before funding) -only for applications that are within the "ready now" category. ■ Phase II Environmental Report (if needed) 15 ■ Insurance requirements as stipulated herein (only for applications that are within the "ready now" category) ■ Section 3 of the Housing and Urban Development Act of 1968 (Section 3 Clause included for informational purposes under Exhibit C). A Section 3 Plan will be required from Applicant if a contract is awarded (template provided herein, Provided in applications that re within the "ready now" category) ■ All projects receiving HOME assistance for 12 units or greater, shall be subject to the requirements and provisions of the Davis Bacon Act, and regulations as amended. Section VIII: Supplemental Forms All of the forms listed below must be filled out and submitted in this section of the application. ■ Public Entity Crime Affidavit ■ Authorized Representative Statement ■ Debarment Certification ■ Sound Fiscal Management Certification ■ Declaration of Financial Interests ■ Cost Allocation Report (City form) ■ HUD Affirmative Fair Housing Market Plan ■ Sources and Uses Budget (Applicant's own form) ■ Development Schedule (not limited to listed items but must be included) ■ Conflict of Interest Disclosure Forms ( forms included in Exhibit "H") ■ Section 3 Business Certification Letter (provided by Applicant) and Section 3 Business Preference Claim form (if applicable) ■ Assurance of Compliance (Section 3, HUD ACT of 1968) form, included under Exhibit "C", Section 3, should be completed and signed by Applicant, and submitted in the Supplemental Forms section of the application. 16 C. GENERAL CONDITIONS ■ The City of Miami, through this RFP process will provide financing to Applicants for construction/rehabilitation and permanent/pass-through of affordable rental and homeownership developments. The proceeds will be used to cover expenses related to total project costs, inclusive of hard construction cost and Soft/Indirect development costs. The following criteria apply: 1. For rental developments, city assisted units must be occupied by a tenant income distribution defined at the time of funding availability. Funding consideration shall give preference to developments offering the greatest number of units available for extremely low income to workforce income level tenants as described herein. In the event that funding is made available through the Home Investment Partnership Program, then, in no event shall the distribution of incomes be less than that which is required by the Home Investment Partnership Program (HOME) at 24 CFR Part 92. For the purpose of this application all applicants must use the HOME requirements for all requested city assisted units. 2. For homeownership developments, the maximum sales price of the units cannot exceed the median sales price of a new or existing single-family home, as published by HUD. 3. Applications will be selected for inclusion to the Pipeline Queue based on meeting all threshold items and scoring at least 70 of the 100 points in the scoring sheet of the application. An applicant's position on the Pipeline Queue shall be determined by the level of score. All applicants that have scored 100 shall be considered "ready now" and will be offered funding in the next available opportunity. 4. Annual compliance monitoring of income -eligible tenants will be enforced for the duration of the affordability period. 5. A restrictive covenant will be placed on the land, insuring 30 year affordability for units financed through this RFP. 6. A non-refundable commitment fee shall be charged to all applicants that have been awarded funding by the City of Miami's Housing and Commercial Loan Committee. For -profit borrowers shall be charged a commitment fee of $5,000. Not -for -profit borrowers shall be charged a commitment fee of $1,000. ■ Multifamily rental project funding will be provided in the form of a loan with the following terms: 1. A construction loan with zero (0) percent interest during the project completion/construction period. Once the project is completed , any one of the following terms may be applied a. Deferred Payment Loan: No debt service payments required. Property must maintain the required affordability structure for a period of 30 years. Failure to comply will result in the full repayment of principal and an agreed upon default interest rate. Full repayment of principal at the 30 year maturity. b. Interest Only Loan: Interest only payments at up to 3% interest rate, payable monthly until maturity. All principal and interest due at maturity. Loan maturity can be set for a period up to 30 years. c. Principal and Interest Amortizable Loans: Principal and Interest payments based on an amortization of 15 to 30 years, payable monthly at a rate of up to 3%, until maturity. Loan maturity can be set for a period of up to 30 years. 17 1. If the developer is a non-profit entity, the loan will be forgivable at the end of the 30-year affordability period, if owned for the full 30 year term. The City shall reserve the right of first refusal in the event that the development were to be considered for sale after the affordability period. 2. If the developer is a for -profit entity, accrued interest and principal will be deferred to the end of the 30-year affordability period, at which time the accrued interest and principal are due and payable. At the sole discretion of the City, the City may waive interest or principal payment, or both payments. 3. The loan amount will be determined by the number of units that are assisted with City's funds at a maximum rate as stipulated herein. Minimum amount of assistance is $1,000 per unit. 4. The affordability period is no less than 30years. 5. The loan will be secured by a recorded mortgage on the property; however, the City will subordinate to all acceptable lending sources. With the exception of the primary private first mortgage lender, the City will not subordinate to any other lending source which provides funding in an amount less than the City's funding. 6. The affordability period shall be enforced by a restrictive covenant that will run with the land. In the case of a developer's default, the restrictive covenant will continue throughout the affordability period. 7. The minimum leverage ratio will be determined on a project by project basis. The leverage ratio is defined as total development cost (development cost) divided by the City's total subsidy. 8. The minimum initial total Debt Service Coverage Ratio is 1.15%. The maximum initial Debt Service Coverage Ratio is 1.50%. 2. Homeownership developments funding may be used for land acquisition, development soft cost, financing costs, hard construction costs and may upon the completion of the construction of the unit, partially or entirely serve as a pass -through permanent loan to the eligible buyer of the completed unit. a. Deferred Payment Loan: No debt service payments required. Homeowner must maintain occupancy as primary residence for a period of 30 years (affordability period). Failure to comply will result in the full repayment of principal and default interest rate. Sale or transfer of the units within the affordability period shall result in the full payment of the loan. Other restrictions or provision may be imposed. Loan will be forgiven upon the completion of the affordability period. b. Principal and Interest Amortizable Loans: Principal and Interest payments based on an amortization of 30 years, payable monthly until maturity at an interest rate not to exceed 3%, determined on the ability of the buyers payment capacity. Sale or transfer prior to the affordability period will result in the full repayment of principal plus interest. Other restrictions may be imposed. ■ This RFP is subject to all applicable federal, state, county, city and local laws, codes, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. ■ All costs of proposal preparation shall be borne by the applicant. The City shall not, in any event, be liable for any pre -contractual expenses incurred by the applicant in the preparation and/or submission of the proposal. The applicant shall not include any such expense as part of the budget in the proposal. 18 • The proposal must set forth full, accurate, and complete information as required by the RFP. No contextual changes, additions or amendments to the proposal will be accepted after submission. Proposals that are incomplete, out of order, have an inadequate number of copies, lack required attachments, or have other content errors or deficiencies will be disqualified. • The proposal must be submitted in the legal name of the entity applying for the allocation of funds. A representative of the applicant with legal authority to bind the organization in contract with the City of Miami must sign the documents and attachments required herein. • Applicants will be subject to a credit report review as per City of Miami Resolution No. 98-581. Such a review may include credit reports on individual partners /owners, members, and/or principals. • If the project costs increases ten percent (10%) or more of the original budget, and the developer is not able to secure additional funding within 60 days before the project commences, the project will be subject to recommendation to the Housing and Commercial Loan Committee for de -obligation of the project funding. In that case, the next eligible project on the waiting list will receive this developer's funding. Applicant must be able to close on all project funding prior to the city disbursing funds. • All project budgets must include $ 50,000 to cover costs incurred by the City of Miami on behalf of the project, such as recording fees and advertising costs associated with environmental clearance, as well as program delivery costs incurred by the City of Miami, if federal funding is provided • A 10 percent (10%) retainage or less will be retained and subject to a satisfactory Cost Certification Report to be submitted as part of the Close -Out process. • Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this solicitation. Furthermore, Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. • Submission of a proposal shall constitute acknowledgement and acceptance of all terms and condition contained in this RFP. D. REGULATORY REQUIREMENTS (FEDERAL AND LOCAL) Rent Subsidies: Rental subsidy programs are permitted, such as Section 8, HOPWA (Housing Opportunities for Persons with Aids), and VA (Veterans Administration). Period of Affordability: The required period of affordability compliance is no less than thirty (30) years. Code Compliance: All projects must comply with the Florida Building Code, the Section 8 Housing Quality Standards, and the Model Energy Building Code or HUD -accepted equivalent. 19 If applicable, all related agreements must be subject to Davis -Bacon labor standards requirements and must contain labor standards clauses and a Davis -Bacon wage decision. Section 3: Section 3 of the Housing Development Act of 1968, will apply as amended (12 U.S.C. 1701U), relative to the hiring and training of low- and moderate -income persons and the use of local Section 3 certified businesses. The purpose of Section 3 is to ensure that employment and other economic opportunities generated as a result of U.S. HUD Assistance or by a U.S. HUD -assisted project 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 U.S. HUD assistance for housing. Section 3 plan will need to be submitted by Applicant. Environmental Clearance (if applicable): Federal funds will not be disbursed for a project until the US HUD Release of Grant conditions or a confirmation of exempt status (environmental review) has been completed by the City of Miami. Funds expended by the Applicant to physical or choice -limiting actions including, demolition, rehabilitation, repair or construction, may not be reimbursed with City funds if they were expended before environmental clearance. Insurance Requirements: If Applicant is a Developer and General Contractor, the insurance required will be detailed in Exhibit "E". The City reserves the right to require as additional security the provision of a payment and performance bond, letter of credit or personal guarantees. If Applicant is a Developer and not the General Contractor, the insurance required will be Exhibit "D" for the Developer, and Exhibit "E" for the General Contractor. Living Wage Requirements: Pursuant to Section 18-556 and 18-557 of the City of Miami Code, any funding awards from the Miami Forever Bond with contractors providing services exceeding $100,000 annually, must comply with the City of Miami's Living Wage Requirements for Service Contracts (Ordinance #13648). Notice to Residents: Any developer with a project that receives affordable or workforce housing incentives or benefits from the City, its departments, instrumentalities or Community Redevelopment Agencies, including but not limited to, financing, grants in kind or other grants, impact fee waivers or deferrals, parking waivers or reductions, etc., shall provide notice to the Directors of Housing & Community Development and Zoning Department so that City elected/appointed officials can notify residents of the availability of these units. Notice shall include the number of available units, street address, and contact information for the development (Ordinance #13491). Resident Preference: Affordable and/or Workforce Housing developments receiving any benefits (such as density bonuses, impact fee deferrals, parking waivers/reductions, building permit fee deferrals) or any funds provided by the City, regardless of the source of funds, shall first provide City Residents (residing within City boundaries for 12 consecutive months) or those employed within the City's boundaries with preference to all restricted units, unless otherwise prohibited by law (Ordinance #13645). E. GENERAL CITY OF MIAMI RESERVATIONS The City of Miami reserves the right to: 20 ■ Extend the RFP submission deadline if such action will be in the best interest of the City. ■ The City may make changes or amendments to this RFP after it has been made available to the public. The Applicant is responsible for checking the City's website (http://archive.miamigov.com/communitydevelopment/rfq.html) for updates during the application period. This RFP shall remain in effect beyond the initial submission deadline. Changes to the terms and conditions will be made in accordance with funding availability. New funding opportunities will be advertised when available in the future. Applicants in the Pipeline Queue will be notified in writing when funding is made available. • Withdraw this RFP at any time without prior notice. Furthermore, the City makes no representation that funding will be awarded to any applicant responding to this RFP. • Retain all proposals submitted. The proposals shall become the property of the City of Miami. Any department or agency of the City shall have the right to use any or all ideas presented in proposals submitted in response to this RFP without any change or limitation. Selection or rejection of a proposal does not affect these rights. ■ Require any or all organizations or agencies receiving grants funded through this RFP to use a Centralized Accounting system selected by the City, if it be determined that this would be in the best interest of the City. Withdraw funding upon the City's determination that reasonable attempts to negotiate a Loan Agreement have failed. Prior to accepting the award, the applicant must meet applicable administrative and regulatory rules to meet Federal and local requirements codes or other conditions as determined by the Housing and Commercial Loan Committee and/or the City Attorney, or US HUD. It is the applicant's responsibility to be familiar with these requirements prior to accepting the award and commencing Loan Agreement negotiations. • Deny a funding recommendation to an applicant with outstanding disallowed costs, defaulted loans, debarment actions or any other legal encumbrance, regardless of the merits of the proposal submitted. • Reject any proposal from any developer, principal or relative entity that has defaulted on past loans or has unmet debt obligations with the City contrary to the terms set forth in the original lending agreement in any of the housing -related categories addressed in this RFP. Conflict of Interest If the Applicant or any individual member of a proposing team, or an employee of a proposing team/firm, or an immediate family member of the same is also a member of any board, commission, or agency of the City, that individual is subject to the conflict of interest provisions of the City code, Section 2-611 as well as HUD's conflict of interest regulation at 24 CFR 570. The City code states that no City officer, official, employee or board, commission or agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any business with the City, or appear in representation of a third party before the City Commission. This prohibition may be waived in certain instances by the affirmative vote of 4/5 of the City Commission, after a public hearing, but is otherwise strictly enforced and remains effective 21 for two years subsequent to a person's departure from City employment or board, commission or agency membership. This prohibition does not preclude any person to whom it applies from submitting a proposal. However, there is no guarantee or assurance that such person will be able to obtain the necessary waiver from the City, even if such person were the successful proposer. The City is committed to seeking conflict of interest waiver from US HUD after the successful waiver of any City conflicts. However, applicants should note that the granting of such waiver is at the discretion of HUD; as such the City cannot guarantee that such a waiver will be granted. The Applicant must complete and sign the conflict of interest disclosure forms included under Exhibit "F" of this RFP. Housing & Community Development Director's Designee for Written Communications Alfredo Duran, Deputy Director Department of Housing and Community Development City of Miami 14 NE 1st Ave, 2nd floor Miami, FL 33132 E-mail: housingRFP@miamigov.com Telephone: 305-416-2080 Fax: 305-400-5317 22 F. EVALUATION AND APPROVAL PROCESS Each proposal will be evaluated by a panel selected by the Department of Housing and Community Development. An initial review will be performed to determine whether the project is eligible and that the application is complete and meets Threshold. The Applicant will be notified in writing if the initial review determines the proposal is either ineligible or incomplete. Projects must score a minimum of 70 points to be considered for inclusion into the Pipeline Queue. However, obtaining a minimum score is not a guarantee that the project will be recommended for underwriting or to the Housing and Commercial Loan Committee or City of Miami Commission, whichever is required. The number of projects to be recommended for funding will be determined by the number of applications that scored no less than 100 points ("ready now"), as required, and the dollar amounts requested for each. Due to funding availability, recommendations may not reflect the full amount requested in the application. Staff will notify qualifying applicants in writing whether or not their proposals are being recommended and for what amount. The City of Miami's Department of Housing and Community Development will recommend projects to the Housing and Commercial Loan Committee for approval and for the level of funding to be awarded. Award of Contract A Contract (the "Contract" or "Agreement") may be awarded to the Applicant(s) by the Housing and Commercial Loan Committee based upon a final underwriting evaluation by the Department of Housing and Community Development and subsequent recommendation by the Department of Housing and Community Development. The City reserves the right to execute or not execute, as applicable, a contract with the pre - qualified Proposer(s) that is determined to be in the City's best interests. Such contracts will be furnished by the City, will contain certain terms as are in the City's best interests, will be subject to approval as to legal form by the City Attorney, and may be executed on a project by project basis. Contract Execution and Requirements A Regulatory Agreement will be negotiated and executed between Successful Applicant(s) and the City. The initial recommendations for funding should not be interpreted as a finding that the program complies with all requirements and conditions for a contract. A funding recommendation or offer to contract may be withdrawn upon the City's determination that reasonable attempts to negotiate an agreement have failed. Prior to accepting the award, the applicant must meet applicable administrative and regulatory rules to meet Federal, State and Local codes or other conditions as determined by the City Attorney. It is the Applicant's responsibility to be familiar with these requirements prior to accepting the award and commencing contract negotiations. Amendments to the Contract(s) The City Manager shall have sole authority to amend the Contract on behalf of the City. Assignment of Contract The Successful Applicant(s) shall not assign any portions thereof, or any part of his/her operations, without written permission granted by the City through the City Manager, in the City's sole discretion. 23 Indemnification The Successful Applicant(s) shall agree to indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fees), liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or losses of any property arising out of, resulting, from, or in connection with (i) the performance or non-performance of the services contemplated by the Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the Successful Applicant(s) to comply with any of the requirements specified within the Contract, or the failure of the Successful Applicant(s) to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance under the Contract. Successful Applicant(s) expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Successful Applicant(s), or any of its subcontractors, if applicable and as provided above, for which the Successful Applicant(s)'s liability to such employee or former employee would otherwise be limited to payments under state Worker's Compensation or similar laws. The Indemnifications will be interpreted to comply with 725.06, Florida Statutes. These Indemnification Provisions shall be interpreted and construed to comply with 725.06 and/or 725.08, Florida Statutes, as applicable. Insurance The Successful Applicant(s) shall furnish Evidence of Insurance to the Housing and Community Development Department. The department is located at City of Miami, 14 NE 1 Ave., Second Floor, Miami, FL 33132. Execution of a Contract is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this RFP, the Successful Applicant(s) shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the successful Applicant(s) fails to submit the required insurance documents in the manner prescribed in this RFP, within fifteen (15) calendar days after the Successful Applicant(s) has been made aware of Commission award, the Applicant may be in default of the contractual terms and conditions. Under such circumstances, the Successful Applicant(s) may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department. All personnel of the Successful Applicant(s) must be covered by Workers Compensation, unemployment compensation and liability insurance, a copy of which is to be provided to the City Hold Harmless The Successful Applicant(s) shall hold harmless and indemnify the City for any errors in the provision of services and for any fines which may result from the fault of the Successful Applicant(s). Audit Rights and Records Retention The Successful Applicant(s) agrees to provide access to the city, or to any of its duly authorized representatives, to any books, documents, papers, and records of the Successful Applicant(s) which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Applicant(s) shall maintain and retain any and all books, documents, papers and records pertinent to the Contract for four (4) years after the City makes final payment under the contract and all other pending 24 matters are closed. Successful Applicant(s)'s failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of the Contract by the City. Proposer Warranty Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services specified herein. Ownership of Documents The Successful Applicant(s) is permitted to make and maintain duplicate copies of the files, records, documents, etc. if the Successful Proposer(s) is desirous of such records subsequent to contract termination. However, in no way shall the confidentiality as permitted by applicable law be breached. Contract Administrator The Contract Administrator for the Contract shall be: George Mensah Director, Department of Housing & Community Development or His Designee Department of Housing & Community Development 14 NE 1 Ave., Second Floor Miami, Florida 33132 25 CATEGORY E- POTENTIAL POINTS ACTUAL POINTS THRESHOLD ITEMS (Meeting this section alone will qualify for inclusion to Pipeline Queue) FAILURE TO MEET THESE TWO ITEMS WILL RESULT IN DISQUALIFICATION. 1 PROVIDE EVIDENCE OF SITE CONTROL, (DEED, PURCHASE AND SALES AGREEMENT, LEASE (99 YEARS) (20) APPLICANT MUST HAVE 3 YEDARS OF DOCUMENTED EXPERIENCE IN CONSTRUTING, OWNING AND OR MANAGING/SELLING PROPERTIES SIMILAR IN NATURE AND SIZE OF THE PROPOSED PROJECT. THE EXPERIENCE WILL BE REQUIRED OF THE PRINCIPALS OF THE DEVELOPMENT ORGAIZATION, MANAGEMENT AND/OR SALES PERSONEL. (20) 2 RESILIENCY CHECKLIST (ANY PROJECT TYPE) (5) 3 MULTIFAMILY RENTAL PROJECTS OF 20 OR MORE TOTAL PROJECT UNITS PROVIDES THE FOLLOWING UNIT INCOME/RENT MIX FOR CITY FUNDED UNITS SELECT ONLY ONE CATEGORY 30% AMI(20% OF TOTAL UNITS/50% AMI (20% OF ALL UNITS), 80%AMI (20% OF ALL UNITS) WF (40% OF ALL UNITS) 20 ELI (10% OF ALL UNITS), LI (10% OF ALL UNITS) WF (80% OF ALL UNITS) 15 ALL UNITS AVERAGING AT 60% AMI 15 80% OF ALL UNITS AT 60% AMI AND 20% OF ALL UNITS AT WF (UP TO 140% AMI) 10 40% OF ALL UNITS AT 60% AMI AND 60% OF ALL UNITS AT WF (UP TO 140% AMI) 10 ANY PROJECT BEING BUILD UNDER THE ATTAINABLE HOUSING ORDINANCES (MUST PROVIDE BREAKDOWN OF UNITS) 10 4 MULTIFAMILY RENTAL PROJECTS OF 5 TO 19 OR MORE TOTAL PROJECT UNITS SELECT ONLY ONE CATEGORY 10% OF UNITS AT 30% AMI AND REST AT WF (UP TO 140% AMI) 20 40% OF ALL UNITS AT 60% AMI AND 60% OF ALL UNITS AT WF (UP TO 140% AMI) 15 20% OF ALL UNITS AT 80% AMI AND 60% OF ALL UNITS AT WF (UP TO 140% AMI) 10 ALL MULTIFAMILY PROVIDING COMMERCIAL AREA MIX USE POINTS PROJECT PROVIDES COMMERCIAL AREA ON GROUND FLOOR 5 5 HOMEOWNERSHIP DEVELOPMENTS OF ANY SIZE PROVIDES UNITS FOR THE FOLLOWING UNIT INCOME LIMITS SELECT ONLY ONE CATEGORY 26 60% OF UNITS AFFORDABLE TO 60% TO 80% AMI AND 40% OF UNITS AFFORDABLE FOR UP TO 140% AMI 20 40% OF UNITS AFFORDABLE TO 60% TO 80% AMI AND 60% OF UNITS AFFORDABLE FOR UP TO 140% AMI 15 6 PROJECT ABILITY TO PROCEED PROJECT STARTS CONSTRUCTION WITHIN 3 MONTHS (PROVIDE PERMIT MASTER NUMBER) (PROVIDES PLANS AND SPECS) (20) PROJECT STARTS CONSTRUCTION WITHI 6 MONTHS (PROVIDE PLANS AND SPECS) 10 PROJECT SCHEDULED TO COMMENCE WITHIN 6 MONTHS TO 12 MONTHS) 5 7 PROJECT FINANCING EVIDENCE OF ALL PROJECT FINANCING IN PLACE WITH FIRM (CONDITIONAL) COMMITMENTS, EXECUTED FUNDING AGREEMENTS, FINANCIAL STATEMENTS/BANK STATEMENTS, EXECUTED EQUITY PARTNERSHIP AGREEMENTS, ETC. FOR FUNDING EXCLUDING CITY REQUESTED FUNDS (25) CONDITIONAL LETTERS OF INTENT AND ANY OTHER NON FIRM COMMITMENTS 10 8 APPLICANT IS A CITY OF MIAMI CHDO OR IS PARTNERING WITH A CITY OF MIAMI CHDO 5 APPLICANTS MUST MEET ALL OF THE CATEGORIES IDENTIFIED WITH PARENTHESIS () PLUS ONE SELECTION IN CATEGORY 3, 4 OR 5 TO BE CONSIDERED A "READY NOW" PROJECT AND BE ELIGIBLE FOR FUNDING IN THE NEXT AVAILABLE ROUND. 27 G. Cone of Silence CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION - Any questions or clarifications concerning this solicitation shall be submitted in writing by e-mail to housingrfp@miamigov.com, to the attention of Alfredo Duran, Deputy Director, Dept. of Housing & Community Development, and a courtesy copy to the Office of the City Clerk, clerks@miamigov.com, pursuant to City's Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, March 15, 2019, 12 noon. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 28 PROJECT APPLICATION FORMS 29 PROJECT NAME: PROPOSAL CHECK -OFF LIST COMPLETE "SUBMITTED" COLUMN AND INCLUDE FORM WITH APPLICATION APPLICANT NAME: DOCUMENTS (SUBMIT PROPOSAL AS LISTED) SUBMITTED (YES/NO) City Staff COMMENTS -- Table of Contents (sequentially numbered with document) -- Application Form 1. Project Narrative (Description) 2. Location Map 3. Original Photographs of Site/Existing Buildings 4. Dimensional Schematic Plans 5. Evidence of Site Control 6. Narrative: History of Developer(s) or Agency(ies) 7. Narrative: Development Team or Service Team Background 8. Applicant's (or Principal's) Most Recent Financial Statements 9. Applicant's (or Principal's) Most Recent Federal Income Tax 10.Organizational Chart 11.Joint Venture/Partnership Description and Agreement 12. Project Development or Service Schedule 13. Sources and Uses form 14. Project Feasibility and Ability to Proceed with required documentation including: General Marketing Plan, Affirmative Fair Housing Marketing Plan, U.S. HUD Release Grant Conditions 15. Evidence of Additional Financing (i.e. commitment letters) 16.Justification of HCP Subsidy (if applicable) 17. One Year through Thirty Year Operating Budget 18. Declaration of Financial Interests 19. Certification Regarding Debarment Suspension 24. Sworn Statement on Public Entity Crime DO NOT WRITE BELOW THIS LINE I HAVE REVIEWED ALL REQUIRED OPERATIONAL DOCUMENTS AND FIND THEM TO BE ACCEPTABLE City Staff Representative Date 30 0.0 o_ ▪ a• II R l City of Miami Affordable Housing Pipeline Application APPLICATION APPLICANT INFORMATION: NAME: STREET ADDRESS: CITY, STATE, ZIP CODE: PHONE: FAX: CONTACT PERSON: EMAIL: LEGAL ENTITY TYPE: TAX ID #: TYPE OF PROJECT: n NEW CONSTRUCTION RENTAL HOUSING: ❑ NEW CONSTRUCTION HOME OWNERSHIP HOUSING: CITY OF MIAMI FUNDING: Proposed Funding Sources Amount Requested TBD DID THIS PROJECT PREVIOUSLY RECEIVE CITY FUNDING? YES NO IF YES, LIST AMOUNT AND FUNDING YEAR: $ YEAR: LEGAL ENTITY: n Sole Proprietor ❑ Partnership n Corporation ❑ Non -Profit _ LLC ❑ Other PROJECT DESCRIPTION: PROJECT NAME: 31 PROJECTS ADDRESS: CITY OF MIAMI DISTRICT NUMBER OF BUILDINGS TO BE CONSTRUCTED: NUMBER OF FLOORS PER BUILDING: NUMBER OF TOTAL HOUSING UNITS: NUMBER OF CITY (HOME) ASSISTED UNITS: HOUSING TYPE (HIGH RISE, TOWN HOMES, ETC.): LOT DIMENSIONS / TOTAL SQUARE FOOTAGE: IF MIXED USE, PROVIDE DESCRIPTION OF COMMERCIAL PORTION: DISTANCE TO SURROUNDING STRUCTURES): DESCRIPTION OF ANY EXISTING STRUCTURES: • ATTACH A MAP PLOTTING SITE AND SURROUNDING AMENITIES • ATTACH A LEGAL DESCRIPTION OF PROJECT SITE RENTAL UNIT TYPES (INDICATE WHICH UNITS ARE CITY AND NON -CITY ASSISTED UNITS) CITY OR NON- CITY # OF UNITS # OF BEDROOMS # OF BATHS CONSTRUCTION COST/UNIT SQ. FT. OF UNIT COST PER SQ. FT. UNIT RENTAL COST AVG. CITY SUBSIDY PER UNIT TOTAL CITY ASSISTED UNITS 32 ACKNOWLEDGEMENT On I, , as authorized representative of the Applicant, state that Applicant understands that if an award is made by the City of Miami to the Applicant in connection with this RFP, applicant must meet applicable administrative and regulatory rules to meet Federal, State and Local codes or other conditions as determined by the City Attorney. I acknowledge that it is the Applicant's responsibility to be familiar with these requirements prior to accepting the award and commencing contract negotiations with the City of Miami. Signature of Authorized Representative Print Name Title 33 PROJECT FEASIBILITY & ABILITY TO PROCEED SITE CONTROL: ■ ATTACH EVIDENCE OF SITE CONTROL BUILDING AND ZONING: CURRENT ZONING ALLOWS UNITS PER ACRE. WILL THERE BE ANY ADDITIONAL BUILDING OR ZONING REQUIREMENTS DUE TO THE LOSS OF GRANDFATHERED ZONING RIGHTS AS THE PROJECT GOES THROUGH PERMITTING? IF APPLICABLE, PROVIDE DETAILS REGARDING ALL PERMITS OR VARIANCES THAT MIGHT BE REQUIRED • IF APPLICABLE, ATTACH PERMIT OR DETERMINATION OF A BUILDING DEPARTMENT OFFICIAL AS TO WHAT PERMITS MIGHT BE REQUIRED IF THE PROPOSED BUILDING IS 40 YEARS OR OLDER, THE 40 YEAR RE- CERTIFICATION REPORT FROM THE CITY OF MIAMI'S BUILDING DEPARTMENT MUST BE PROVIDED. ARCHITECTURAL PLANS: IF APPLICABLE, PROVIDE DETAILS REGARDING ARCHITECT QUALIFICATIONS AND SELECTION SITE ACCESSIBILITY: LIST ANY EASEMENTS ON THE PROPERTY: IF APPLICABLE, DESCRIBE POTENTIAL EFFECT OF EASEMENTS WITH THE PROPOSED PROJECT? DESCRIBE THE ACCESS TO THE PROJECT I.E. PAVED ROAD, ACCESS EASEMENT, ETC.): ENVIRONMENTAL SAFETY: DESCRIBE THE PREVIOUS USE OF THE PROPOSED SITE FROM 1940 TO PRESENT: HAS THE PROPERTY EVER BEEN USED FOR STORAGE OF HAZARDOUS OR TOXIC MATERIALS? YES No ARE THERE ANY POTENTIAL ENVIRONMENTAL HAZARDS? ■ ATTACH PHASE 1 ENVIRONMENTAL REPORT USE OF EXISTING INFRASTRUCTURE: DESCRIBE AVAILABLE UTILITIES AND INFRASTRUCTURE AT THE PROJECT SITE. ELECTRICITY: WATER SEWER: 34 ROADS: • ATTACH LETTERS FROM THE LOCAL GOVERNMENT VERIFYING AVAILABLE INFRASTRUCTURE. MARKETING PLAN: IS THERE A MARKETING PLAN? YES NO WHO WILL MANAGE MARKETING? ■ ATTACH A COPY OF THE MANAGEMENT PLAN (THE PLAN SHOULD INCLUDE: FAIR HOUSING COMPLIANCE PROCEDURES, OWNER QUALIFICATION PROCEDURES, AND RECORD KEEPING) EMPLOYMENT -JOB CREATION HOW MANY JOBS ARE PROJECTED TO BE RETAINED BY THIS PROJECT: HOW MANYJOBS ARE PROJECTED TO BE CREATED BY THIS PROJECT: HOW MANY OF THESE NEW JOBS ARE PROJECTED TO BE FILLED BY SECTION 3 RESIDENTS: GENERAL CONTRACTOR INFORMATION: PLEASE DESCRIBE PROCESS TO SELECT GENERAL CONTRACTOR: ALSO, IF SELECTION OF GENERAL CONTRACTOR (GC) HAS OCCURRED, PROVIDE THE FOLLOWING: GENERAL CONTRACTOR NAME: ADDRESS: TELEPHONE: FLORIDA CONTRACTOR'S LICENSE No.: AND COPY YEAR OF ISSUANCE: • COPY OF ADVERTISED BID FOR GENERAL CONTRACTOR SERVICES ■ REFERENCES); ATTACH ADDITIONAL PAGES IF NECESSARY ■ ATTACH A LIST OF AFFORDABLE HOUSING PROJECTS CONSTRUCTED BY THE GC. INCLUDE THE NAME, ADDRESS, PROJECT DESCRIPTION, COST, DATE OF COMPLETION, OR CURRENT STATUS. • COPY OF SCOPE OF SERVICES, SCHEDULE OF VALUES, AND SIGNATURE PAGE 35 EVIDENCE OF AVAILABILITY OF PROJECT FINANCING (THIS INFORMATION MUST MATCH SOURCES LISTED IN SOURCES AND USES) FOR EACH SOURCE OF FINANCING, SPECIFY AS FOLLOWS: ATTACH ADDITIONAL PAGES IF NECESSARY) NAME OF INSTITUTION OR ENTITY: TELEPHONE NUMBER: AMOUNT OF LOAN/GRANT: $ INTEREST RATE: TERMS: TYPE OF COMMITMENT: CONTACT PERSON: AMORTIZATION: ACKNOWLEDGEMENT ON I, , AS AUTHORIZED REPRESENTATIVE OF THE APPLICANT, STATE THAT APPLICANT UNDERSTANDS THAT IF AN AWARD IS MADE BY THE CITY OF MIAMI TO THE APPLICANT IN CONNECTION WITH THIS RFP, APPLICANT MUST MEET APPLICABLE ADMINISTRATIVE AND REGULATORY RULES TO MEET FEDERAL, STATE AND LOCAL CODES OR OTHER CONDITIONS AS DETERMINED BY THE CITY ATTORNEY. I ACKNOWLEDGE THAT IT IS THE APPLICANT'S RESPONSIBILITY TO BE FAMILIAR WITH THESE REQUIREMENTS PRIOR TO ACCEPTING THE AWARD AND COMMENCING CONTRACTS NEGOTIATIONS WITH THE CITY OF MIAMI. AUTHORIZED REPRESENTATIVE SIGNATURE PRINT NAME OF AUTHORIZED REPRESENTATIVE (Title of authorized representative) 36 SUPPLEMENTAL FORMS 37 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to By (print this individual's name and title) For (print name of entity submitting statements) Whose business address is and if applicable is Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to me and subscribed before me this day of , 2013. Personally known Or produced identification Notary Public —State of (Type of Identification) My commission expires (Printed, typed or stamped commissioned name of notary public) APPLICANT: AUTHORIZED REPRESENTATIVE STATEMENT Provide the name(s) and telephone number of the person(s) who has been designated the responsibility within the following areas: POSITION NAME TELEPHONE NUMBER Chairman of the Board Exec. Director of the Project Project Director Affirmative Action Officer Personnel Officer Fiscal Management Officer 1. PERSON(S) AUTHORIZED TO SIGN CHECKS NAME: NAME: TITLE: TITLE: TELEPHONE: TELEPHONE: SIGNATURE: SIGNATURE: NAME: TITLE: TELEPHONE: SIGNATURE: 2. PERSON(S) AUTHORIZED TO SIGN REIMBURSEMENT PACKAGES NAME: TITLE: TELEPHONE: SIGNATURE: 3. PERSON(S) AUTHORIZED TO SIGN CONTRACTS NAME: NAME: TITLE: TITLE: TELEPHONE: TELEPHONE: SIGNATURE: SIGNATURE: CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. The Applicant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or Local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. APPLICANT /DEVELOPER PRINT NAME OF CERTIFYING OFFICIAL SIGNATURE OF CERTIFYING OFFICIAL DATE CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT CERTIFICATION OF SOUND FISCAL MANAGEMENT We, as the Executive Director, and (Full Name) (Full Name) as the Chief Fiscal Officer of , acknowledge that as a condition of (Organization) receiving funds from the City of Miami, have the need to establish and maintain sound financial and fiscal controls and management systems. We hereby certify that (Organization) has established internal controls which are adequate to safeguard the assets of the agency, monitor the accuracy and reliability of accounting data, promote operating efficiency and insure compliance with prescribed policies and procedures. Signature (Executive Director) Date Signature (Chief Fiscal Officer) Date I am a duly licensed certified public accountant and have been engaged to review the accounting systems of which is private (_ profit/_non-profit) organization (Organization) that will operate programs for the City of Miami. I have reviewed the financial systems that this Agency has established. This review was completed on . At the time of review, the Agency had established internal controls which were adequate to safeguard the assets of the Agency, monitor the accuracy and reliability of accounting data, promote operating efficiency, and insure compliance with prescribed management policies. C.P.A. (Name of Firm) (Typed Name of Accountant) C.P.A. (Date) (Signature of Accountant) If any modifications are required to this certificate due to the nature of the engagement between the Agency and the C.P.A., attach a substitute report as explanation. DECLARATION OF FINANCIAL INTERESTS 1. Do you have any past due financial obligations with the City of Miami? Single Family Housing Loans Multi -Family Housing Rehab CDBG Commercial Loan Project U.S. HUD Section 108 Loan Other HUD Funded Programs Others (liens, fines, loans, Occupational licenses, etc.) If YES, please explain: YES n n NO 2. Do you have any past due financial obligations with Miami Capital Development, Inc. (MCDI)? YES ❑ NO ❑ If YES, please explain: 3. Are you a relative of or do you have any business or financial interests with any elected City of Miami Official, City of Miami Employee, or Member of the City's Advisory Boards? YES n NO ❑ If YES, please explain: Any false information provided on this application will be reason for rejection and disqualification of your project -funding request to the City of Miami. The answers to the foregoing questions are correctly stated to the best of my knowledge and belief. DATE: Name and Title of Authorized Representative DATE: Signature of Authorized Representative APPLICANT: DEPARTMENT HOUSING AND COMMUNITY DEVELOPMENT ESTIMATE OF CITY AND COUNTY IMPACT FEES CITY OF MIAMI ITEM RATE SQ. FOOTAGE FAR TOTAL Please contact the City of Miami Planning and Zoning Department for City Impact Fee estimates. MIAMI-DADE COUNTY ITEM RATE SQ. FOOTAGE FAR TOTAL APPLICANT: CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SOURCES AND USES: NEW CONSTRUCTION/REHABILITATION AFFORDABLE RENTAL HOUSING Evidence of source must be included PROJECT NAME: Financing Sources: Specify Name Total Project HOME Funds Other Financing Other: Other: Other: Equity Investment Land Acquisition Hard Costs Construction (incl. Site work) Construction contingency Construction: Concrete/Soil Test Appliances Construction Supervision Total Hard Costs Soft Costs Arch Design, Civil Engineering Impact & School Fees Permits / Fees Legal Licenses / Environmental / Utility Fees Appraisal / Surveys Insurance: Construction Period Marketing / Advertising Loan Closing / Financing Fees Interest / Carrying Costs Title Insurance & Recording Temporary/Permanent Relocation Fees Taxes For Use by City: City incurred costs $50,000 Developer's Fees & Overhead Soft Cost Contingency Total Soft Costs Total Project Cost *DEVELOPMENT SCHEDULE Scope of Work Estimated Date Actual Date Closing on Total Project Financing by Source Month/Year Month/Year a. b. c. d. Finalize Partnership Selection of Architect Appraisal/Market Study Engineering Report Architectural Plans and Specifications City or County Environmental Clearance Site Plan Approval Working Drawings Completed Submit Drawings for Permit Approval Construction Bids Selection of General Contractor Building Permits Issued Start of Construction Construction Completion @ 40% Construction Completion @ 80% Construction Completed - C.O. Rentals — 90% Occupancy Temporary/Permanent Relocations *Not limited to format or detail but must include these items. DOCUMENT 00200-B SECTION 3 BUSINESS PREFERENCE CLAIM FORM OPTIONAL DOCUMENT: Only applicable to current MDPHA certified Section 3(S-3) businesses who wish to claim a bidder's preference. S-3 businesses must become certified at least two weeks prior to bid opening date to be eligible to claim S-3 bidder's preference. Business application requests may be faxed to MDHA at 305-643-1773. ***Only initial those items applicable to your firm. 1. (Initial) (Firm Name) was certified by MDPHA as an S-3 Business on (Date). Said firm is claiming a preference for the bid, identified below. 2. (Initial) Firm's original business certification was based on proof that firm owner was low or very low income. Firm owner's current family income meets the definition of a very -low or low-income household. 3. (Initial) Said firm certifies, below, with the firm president's signature, that the full-time employee composition, and the ratio of S-3 full-time employees to non-S-3 employees continues to be at least 30% or higher. 4. (Initial) Said firm has attached Document 00452, "Employee List". This list includes all current employees and is back-up for item no. 3 above. 5. (Initial) Said firm has attached, for each new S-3 employee (hired since original business certification date shown under item one above, if this proof has not previously been provided to MDPHA Office of Compliance staff), Documents 00401, "Resident or Employee Preference Claim" and 00402, "Household Income Verification", or other applicable documentation, to demonstrate whether any new employees who have been hired after date of business certification meet the definition of a low or very -low income Miami -Dade family (based on household size and family income). If items 4 and 5 above are initialed by bidder and/or applicable to bidder, bidder must attach the listed 5-3 documentation. FAILURE TO DO 50 SHALL INVALIDATE BIDDER'S 5-3 BUSINESS PREFERENCE CLAIM. BID NUMBER BID NAME FIRM NAME (Please print or type) PRESIDENT'S NAME (Please print or type) PRESIDENT'S SIGNATURE: PHONE AND FAX NUMBERS: DATE: EXHIBIT "A" City of Miami Map City of Miami Boundaries STH 6T E890. TER m m D ET EXHIBIT "Al" AFFORDABILITY STUDY