#18-010
Page 1 of 18
REQUEST FOR PROPOSAL #18-010
FOR
LIHTC CONSULTANT SERVICES FOR THE
HOUSING AUTHORITY OF THE CITY OF TULSA
415 East Independence
Tulsa, OK 74106
Submittal Deadline Friday February 16th, 2018
At 2:00 P.M. CST
Tulsa Housing Authority
415 East Independence
Tulsa, OK 74106
#18-010
Page 2 of 18
REQUEST FOR PROPOSALS
The Housing Authority of the City of Tulsa (THA) is inviting Consultants to submit qualifications for hourly Low-Income Housing Tax Credit consulting services and submittal of multiple Low-Income Housing bond and Tax Credit (LIHTC) applications for potential developments located in Tulsa, Oklahoma. The successful Consultant should have the capacity to manage the entire LIHTC application process. The preferred arrangement is to engage a Consultant partner who is soundly experienced in achieving successful LIHTC applications. This Consultant should have the capacity to handle all aspects of the application process.
Solicited services may be provided in cooperation with the Housing Authority, the City of Tulsa Redevelopment Agency, public housing residents, Developers, neighborhood organizations and stakeholders, and various elected and appointed government officials.
The Request for Proposals (RFP) contains specific submission requirements, general scope, terms and conditions and other pertinent information for submitting a proposal to provide this
service. Interested Proposers may obtain the Request for Proposal package by going to www.tulsahousing.org/ConstructionServices/InvitationstoBidJobs.aspx .
Questions and inquiries concerning this RFP shall be addressed in writing to:
Denise Brinker, Project Manager – Construction Services
[email protected] Proposals should be delivered to THA no later than 2:00 p.m. CST, on February 16th, 2018. Late submissions will not be considered for award of contract. Late submissions will be handled in accordance with the provisions in Form HUD-5369-B title “Late Submissions, Modifications, and Withdrawal of Offers”. Proposals will be held in confidence and not released in any manner until after the contract award, with the exception of proprietary information which shall remain confidential. Proposals will be evaluated on the criteria stated in the Request for Proposals. The contract will be awarded to the responsible firm (s) or professional consultant (s) whose qualifications, price and other factors considered are the most advantageous to THA.
#18-010
Page 3 of 18
1. SOLICITATION The Housing Authority of the City of Tulsa (THA) requests proposals from qualified professional Tax Credit Consultants for hourly consulting services and submittal of multiple LIHTC/bond applications to the Oklahoma Housing Finance Agency. The proposal shall break out the hourly rate for general consulting services, in the case THA decides to complete and submit its own LIHTC /bond applications. Consultants shall also identify a price for submission of complete LIHTC/bond applications on behalf of THA to the Oklahoma Housing and Finance Agency (OHFA). The successful Consultant may also assist and consult with THA through the entire development process, including all matters of partnership structuring, sourcing of funds, and all aspects of state and federal regulations regarding the LIHTC program. THA will consider most favorably proposals that clearly demonstrate knowledge, experience, and success, with LIHTC/bond applications. THA also prefers consultants who have experience with HUD regulations and those with direct experience in the State of Oklahoma. Consultants must have extensive experience and a track record of success within the State of Oklahoma. THA reserves the right to select the firms determined to be the most responsive and responsible, and in the judgment of THA, that best meets its need for the specified task or tasks. THA further reserves the right to negotiate all terms of the contract(s), including price. Preference will be given to Consultants who have successfully completed similar LIHTC and other HUD-related housing developments. Consultants must be able to demonstrate that they have completed LIHTC applications successfully in comparable scope, scale and complexity reflecting the current need of the THA. Consultants are encouraged to present THA a complete organizational resume with principal’s professional disciplines and trades required to initiate and coordinate the actions and events required to advance the proposal through various stages from conception to completion. THA requires the Consultant to initiate and maintain processes, systems, procedures, records and methodologies that allow for effective lease enforcement and prevention of property loss, while simultaneously ensuring that all the PHA-Assisted Units are maintained and operated in compliance with all requirements of LIHTC, applicable law, HUD regulations, and policies approved by the Authority. Consultant must be willing to comply with relevant regulations, and any other applicable provisions of federal, state and local laws. The Consultant must not have any interest which would conflict with the performance of services required by this Request for Proposals (RFP).
#18-010
Page 4 of 18
2. SUBMISSION REQUIREMENTS AND REGULATIONS
One (1) original proposal and five (5) copies of the proposal shall be submitted on or before 2:00 P.M. CST, Friday February 16th, 2018, in a bound and sealed envelope and clearly marked and
labeled as follows and submitted to: HOUSING AUTHORITY OF THE CITY OF TULSA
ATTN: DENISE BRINKER 415 East Independence
Tulsa OK 74106
LIHTC CONSULTANT SERVICES NAME OF CONSULTANT
No faxes or e-mailing of proposals will be allowed.
3. INTERPRETATIONS Neither the Housing Authority of the City of Tulsa (THA), nor any of its agents or employees, shall be responsible for the accuracy of any information provided to a Consultant as part of this offering. All Consultants are encouraged to independently verify the accuracy of any information provided. The use of any of this information in the preparation of a response to this RFP is at the sole risk of the Consultant.
4. FEES
In a SEPARATE SEALED ENVELOPE provide the fee your firm will charge for services listed in the scope of
services and a detailed breakdown of how it is calculated. Indicate all services that will be covered
including what services and personnel, if any will be charged as direct expense to the scope of services.
5. SCOPE OF PROFESSIONAL SERVICES
THA seeks an experienced Tax Credit Consultant to perform the following services (including but not limited to):
• Real estate development and financial advisory services and advice in connection with tax credit real estate development projects and investigate financial structures for these projects.
• Analyze and make recommendations regarding multifamily development budget sources.
• Analyze and make recommendations regarding the anticipated level of equity to be invested in projects through syndication of low income tax credits.
• Prepare or review project cash flows, budgets and other financial documents as requested.
• Develop, or assist with the development of, financial plans for the development of mix-finance development sites.
• Review sources and uses of funds and financial information in closing documents for accuracy for lender, investor, tax credit application or bond application.
• Provide scoring estimate for 9% tax credit applications
• Prepare and submit all required applications for bonds and/or LIHTC submissions
#18-010
Page 5 of 18
• Identify and negotiate with (or assist with same) tax credit investors, lenders, underwriters, credit enhancers and other potential development or financing partners.
• Review documents related to each transaction.
• Assist in evaluating financial feasibility and implications from developer proposals.
6. CONFLICT OF INTEREST
No employee, officer or agent of the THA shall participate directly or indirectly in the selection or in the award of any contract if a conflict, real or apparent, would be involved. Such conflict would arise when a financial or other interest in firm selected for award is held by: a) An employee, officer or agent involved in making the award b) His or her relative, including father, mother, son, daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, domestic partner, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
c) His or her business professional partner. d) An organization, which employs, is negotiating to employ or has an arrangement concerning
prospective employment of any of the above.
7. SELECTION PROCESS
THA will evaluate each proposal on the basis of responsiveness, resources, and experience in services of similar nature, quality, proposed staff qualification (resumes), economics, minority participation, schedule of performance and understanding of HUD requirements and understanding of requirements of the Low Income Housing Tax Credit Program.
8. PROPOSAL INSTRUCTIONS
Consultant shall prepare at least one (1) original proposal and five (5) copies in 81/2”x11” format and signed by a firm (s) representative authorize to bind the firm. Proposals are to be organized as per Section 26 Submission Requirements required by this RFP. THA reserves the right to request additional information during the proposal review period.
9. STATEMENT OF OWNERSHIP
The proposal must contain an explicit statement of the legal entity with which THA will contact: name, address, phone number, e-mail address and name of principal person assigned to negotiate on behalf of the firm(s). Furthermore, the firm(s) shall identify principals of any participating professions firm(s) which subcontracts or participates in a joint venture with Consultant, including names, addresses, positions and description of extent of participation in the project. If the firm(s) is a subsidiary, its relationship to parent company(ies) shall be defined and disclosed. The proposal shall also identify the organization and management approach to the project including identification of individuals who will be assigned to assist in the preparation and completion of the application. Resumes of these individuals must be provided.
#18-010
Page 6 of 18
10. GENERAL CONDITIONS The selected firm shall: a. Complete written documentation of materials in a manner suitable for use by the THA Board of
Commissioners, HUD and the City of Tulsa. b. Coordinate all services with THA. c. Coordinate all services with other parties as determined necessary by THA, d. All materials and reports must provide the basis, source, and methodology for arriving at
conclusions. e. Meet with THA, HUD, attend public meetings and meet with state and local officials if deemed
necessary.
11. CONDITIONS AND LIMITATIONS This RFP does not represent a commitment of offer by THA to enter into a contract(s), or other agreement with the Consultant. All costs incurred in the preparation of this proposal are to be borne by the Consultant. The proposal and any information made a part of the proposal will become a part of the THA’s official files without any obligation on the THA’s part to return it to the individual Consultant. This RFP and the selected firm’s proposal will, by reference, become a part of any formal agreement between the firm(s) and the THA resulting from this solicitation. The THA reserves the right to waive any irregularities or formalities in any or all proposals or any part thereof. Failure to furnish information requested may disqualify a Proposer. The THA reserves the right to request clarification of proposal data without changing the terms of the proposal. The Consultant shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the THA for purpose of influencing consideration of a proposal. The Consultant shall not collude in any manner or engage in any practices with any Consultant (s) which may restrict or eliminate completion or otherwise restrain trade. Violation of this instructi on will cause the proposal to be rejected. This prohibition is not intended to preclude joint ventures or subcontracts.
12. PERTINENT FEDERAL REGULATION, NON-DISCRIMINATORY
AND EQUAL OPPORTUNITY Prohibitions against Discrimination and the Requirement of Equal Employment Opportunity The requirements of Title VIII of Civil Rights Act of 1968 and Title VI of the Civil Rights Act of 1964, relating to prohibition against discrimination in housing and benefits of federally funded programs because of race, color, religions, sex or national origin must be met by the offeror. The offeror must adhere to prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1989.
The requirements of Executive Order 141246 relating to equal employment opportunity in connection with funded programs must be met by the offeror. The offeror must also meet the requirements of Section 3 of the Housing and Urban Development Act of 1968 relating to training and employment of individuals and contracting with businesses from the metropolitan area in which the federally funded program is located.
#18-010
Page 7 of 18
13. AVAILABILITY OF RECORDS The U.S. Department of Housing and Urban Development, the Inspector General of the United States, THA, the City of Tulsa, and any duly authorized representatives of each shall have access to, and right to examine any and all pertinent books records, documents, invoices, papers, and the like, of the firm(s) office or firm, which shall relate to the performance of the services provided.
14. STANDARDS OF CONDUCT The successful Consultant shall be responsible for maintaining satisfactory standards of employees; competency, conduct, courtesy, appearance, honest, integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary.
15. REMOVAL OF EMPLOYEES THA may request the successful firm(s) to immediately remove from assignment to the THA contract or to dismiss any employee found unfit to perform duties due to one or more of the following reasons: a. Neglect of duty. b. Disorderly conduct, use of abusive or offensive language, quarreling and intimidation. c. Theft, vandalism, immoral conduct or any other criminal activity. d. Selling, consuming, possession, or being under the influence of intoxicants, including alcohol, or
illegal substances while on assignment at THA. e. For good cause.
16. SUPERVISION
The successful Consultant shall provide adequate competent supervision at all times during the performance of the contract to ensure timelines are met. A qualified Consultant representative and one or two alternatives shall be designated in writing to THA prior to executing the contract. The Consultant must be readily available to meet with THA personnel. The successful Consultant shall provide the telephone number(s) where its representative can be reached.
17. PROFESSIONAL QUALIFIATIONS The selected Consultant and or its staff shall successfully demonstrate to the Authority that they possess the highest degree of credentials, experience, skill and professional standing for the satisfactory execution of services for all work described within the scope of this proposal. The selected Consultant shall include as an integral part of their organization the following professionals: As part of your submission present all members of your project team. Clearly state each member’s role, and provide appropriate credentials and license. Provide an Organization Chart.
18. RESPONSIBILITY OF PROSPECTIVE CONSULTANT THA shall award a contract only to a responsible prospective Consultant who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective Consultant must:
• Have adequate financial resources to perform the contract, or the ability to obtain them;
• Have satisfactory performance record In the State of Oklahoma;
#18-010
Page 8 of 18
• Have satisfactory record of integrity and business ethics; • Have satisfactory record of compliance with public policy (i.e. Equal Employment Opportunity); and • Not have been suspended, debarred, or otherwise determined to be ineligible for award of
Contracts by the Department of the U.S. Government. Before an offer is considered for award, the offer may be requested by the THA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide additional information may render the offeror ineligible for award.
19. CONDITIONS FOR SELECTION
THA will thoroughly and fairly evaluate all proposals as submitted. THA will not disclose the numbers of Consultants, the identity of the Consultants and the contents of their proposals until after the contract has been executed. The procurement shall be conducted only with responsible Consultant. Responsible means: • Technical and financial competence to perform; • Ability to perform the contract successfully and timely; • A good record of past performance in the state of Oklahoma; • Technical and financial resources; • Technical capabilities (in terms of factors such as personnel, equipment and materials); • Management plan (including staffing of key positions, method of assigning work, and
procedures for maintaining level of service). The THA Evaluation Committee will evaluate and rank the proposals received and short list the top ranked Consultant who may be interviewed. The THA reserves the rights to split up any team of Consultants and award contracts to those that excel in a particular area. The THA reserves the right to award multiple contracts with multiple Consultants. Those Consultant (s) will be invited to negotiate all aspects of fee proposal (s) to arrive at a firm and reasonable cost as determined by the THA.
20. SELECTION CRITERIA (125 possible points)
I. Experience and Background
A. Letter of Interest and Corporate Information 1. A statement of your interest and your understanding of proposed scope of services and
commitment to a successful LIHTC application; 2. The identification of the primary contact person and principal authorized to sign documents on
behalf of the agency; and, 3. Provide a detailed description of the organizational structure and staffing of the Consultant,
including an organizational chart. The team should be described in detail, including roles and responsibilities. Resumes of key personnel and principals must be included in the submission.
B. Consultant Team Experience and Qualifications
1. Identification, address, telephone number and fax number of each Consultant team member including a professional profile for each;
2. A description of your team’s professional competence and experience in the areas of planning for mixed-income housing, master planning and market analysis, community needs
#18-010
Page 9 of 18
identification, physical redesign, and architecture that is compatible with comprehensive redevelopment in an urban environment; and,
3. The Consultant and other team members must have extensive, recent and successful experience in applying for LIHTC’s and implementing, and managing, financing, leveraging, and partnership activities that are comparable in character, scale and complexity to the scope planned in this Request for Proposal.
C. Housing Implementation Experience
1. A detailed description of two (2) LIHTC applications, including their award status, that are comparable in scope and complexity that you have completed that is comparable to this RFP. Provide the names, addresses, and telephone numbers of contact persons for these clients. The Authority reserves the right to request information from any source so named; and,
2. Demonstrate that you have been directly involved in effectively rehabilitating LIHTC senior housing communities. Provide a list of at least seven (5) projects that you have completed, including those of the target population and unit counts.
D. Financing and Leveraging Capacity
1. A description of how you have effectively secured and leveraged significant funding streams from public and private sources. Describe the Consultant’s experience in assembling financing packages for low-income housing, commercial, and mixed-income developments. The description of experience should include varied financing instruments including Low Income Housing Tax Credits, bond financing, first and second mortgage financing, etc. Consultants should submit clear information regarding their experience with multiple variety of financing methods. Financial reporting should be submitted timely and user friendly in a comprehensible structure; and,
E. Management of the Development Process
PROPOSAL EVALUATION
The following criteria will be used to rank all responses to the RFP. The criteria have been weighted to reflect their importance to the committee relative to the other criteria.
1.
Successful 9% LIHTC and 4% bond Application experience 30 pts.
2.
Process Management / skill at managing the tax credit application process 20 pts.
3.
Experience within the state of Oklahoma 20 pts.
4.
Experience with Public Housing Authorities 20 pts.
5 Fee Proposal / Cost 10 pts
6 Section 3 compliance 15 pts.
7.
Significant LIHTC relationships within the state of Oklahoma 15 pts
8.
Team building capacity 10 pts
9 Final Total: 140 pts.
#18-010
Page 10 of 18
21. SUSPENDED/DEBARRED
THA will reject the qualifications of any Consultant who is suspended and/or debarred by HUD from providing services to public housing authorities and reserves the right to reject the proposal of any respondent who has previously failed to perform any contract properly for THA.
22. TRAVEL AND REIMBURSABLES
All travel, postage, telephone, living and miscellaneous expenses will be borne by the successful firm(s) and included in the total fixed contract as per final negotiated contract. There is no provision for reimbursable expenses, except for those resulting from contract modification, which will be defined, in final negotiated contract
23. CERTIFICATIONS AND AFFIDAVITS (REQUIRED SUBMITTALS)
Consultants should submit the following certifications, which are not attached as Appendix I of the proposal: 1) General conditions of the Contract (Non-Construction)-Public and Indian Housing Programs
(Form HUD 5370-C, Sections I & II) 2) Representations, Certifications and Other Statement of Offerors (Non-Construction Contracts)-
Public and Indian Housing Program (Form HUD 5369-C) 3) Instructions to Offerors for Non-Construction Contracts-Public and Indian Housing Programs
(Form HUD 5369-B) 4) Certification regarding Debarment and Suspension (Form HUD 2992) Consultants should also submit the following affidavits and declaration, which are attached, in Appendix I of the proposal. 1. Equal Opportunity Affidavit 2. Non-Collusive Affidavit 3. Declaration
24. METHODOLOGY/STRATEGY TO ACCOMPLISH CONSULTANT SERVICES
The Consultant(s) must describe how it will approach the work associated with the requested services, to include understanding of the scope of services required and unique or innovative approaches to be utilized in performing these services. All graphic presentations are optional.
25. REFERENCES
Consultant shall provide a list of companies or governmental organizations to which it is currently providing services. If this does not include at least five (5) entities, then provide the names of the entities for which similar services have been provided. For each entity include: a. The term (beginning and ending dates0of your contract agreement(s); b. Monthly revenues resulting from the work; c. A brief description of the scope of work; and d. The name, address, and telephone number of the individual that administered your
performance.
#18-010
Page 11 of 18
26. MINORITY/WOMEN BUSINESS PARTICIPATION
Whenever possible, the firm(s) awarded the contract agrees to subcontract with minority owned business enterprises and/or women owned business enterprises, certified as such or recognized.
27. USING BEST EFFORTS TO FULFILL MBE/WBE REQUIREMENTS
In the event THA has a reasonable belief that the Consultant will not use its best efforts to meet the MBE/WBE participation goal, THA reserves the right to pull work from the contract. Best efforts may be established by showing the Consultant has contracted and solicited bids/quotes from subcontractors in identifying MBE/WBEs.
28. CANCELLATION THA reserves the right to: Reject all offers and discontinue this RFP process without obligation or liability to any potential Vendor; Accept other than the lowest priced offer; Award a contract on the basis of initial offers received, without discussions or requests for best and final offers; and Award more than one contract or negotiate with one or more respondent(s). Irrespective of any default hereunder, THA may at any time at its discretion cancel the contract in whole or in part, and in such event the firms shall be entitled to receive equitable compensation for all work completed and accepted, prior to such termination of cancellation. 29. COMPENSATION The Consultant selected for this project must have the financial resources to complete the scope of work and services. Payments shall be made on a monthly basis corresponding to the value of work in place. The selected Consultant will be requested to submit a progress schedule and a payment plan prior to contract execution.
#18-010
Page 12 of 18
30. DECLARATION – (REQUIRED SUBMITTAL)
NAME TITLE CITY, STATE SUBMITTAL DATE
The undersigned, as Consultant, declares that the only persons interested in this Response are named herein, that no other person has any interest in this proposal, that this proposal is made without connection or arrangement with any other person, and that this proposal is in every respect fair, in good faith, and without collusion or fraud.
The Consultant further declares that he/she has complied in every respect with all of the instructions of Proposers, and has read all addenda, if any, has satisfied himself / herself fully relative to all matters and conditions with respect to the proposal pertains.
The Consultant agrees, if this proposal is accepted, to execute such agreement as appropriate for the purpose of establishing a formal contractual relationship between the Consultant and the THA for the performance of all requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the proposal documents and addenda, if any.
Persons Interested in this Response:
Name Identity of Interest
1.
2.
3.
4.
5.
NAME OF FIRM/INDIVIDUAL/CORPORATION SIGNATURE TITLE
#18-010
Page 13 of 18
31. FORM OF NON-COLLUSIVE AFFIDAVIT
State of ____________
County of _________
___________________ being first duly sworn, deposes and says that he/she is
(a partner of officer of the firm of etc.)
the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or a sham; that said bidder has not colluded, conspired, connived or agreed directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner directly or indirectly sought by agreement of collusion, or communication or conference, with any person, to fix the bid price of its bid or any other Consultant, or to fix any overhead, profit or cost element of said bid price, or of that of any other Consultant, or to secure any advantage against TULSA HOUSING AUTHORITY OR any person interested in the proposed contract, and that all statements in said proposal or bid are true.
Signature of Consultant, if Consultant is an Individual
Signature of Consultant, if Consultant is a Partnership
Signature of Consultant, if Consultant is a Corporation
Subscribed and sworn to before me this _______ day of ____________________ , 2018.
Notary Public
My Commission expires:
#18-010
Page 14 of 18
32. MBE/WBE PARTICIPATION
MBE/WBE PARTICIPATION: The Consultant agrees to make its efforts to subcontract with minority business enterprises and/or women business enterprises (herein called (MBE/WBE) certified as such or recognized by THA as a certified MBE/WBE.
USING BEST EFFORTS TO FULFILL M/WBE REQUIREMENT: In the event THA has a reasonable belief that Consultant will not use his/her/its best efforts to meet the MBE/WBE participation goal, THA reserves the right to pull work from the contract. Best efforts may be established by showing the Consultant has contacted and solicited bids/quotes from subcontractors and worked with the Housing Authority to seek assistance in identifying MBE/WBEs.
NOTIFICATION OF M/WBE PARTICIPATION: Consultant agrees to promptly complete and return all MBE/WBE Confirmation of Participation and MBE/WBE Confirmation of Payment forms utilized by THA to confirm MBE/WBE subcontractor by submitting copies of checks made payable to the respective MBE/WBE subcontractor signed by the Consultant.
CONSULTANT DATE Note: This form must bear a signature.
#18-010
Page 15 of 18
EXHIBITS: Exhibit ‘A” – THA Sample Contract Exhibit “B” – HUD Form 50071 Certification of Payment to Influence Federal Transactions Exhibit “C” – Disclosure of Lobbying Activities Exhibit “D” – IRS Form W-9
#18-010
Page 16 of 18
Exhibit “A” Contract #
HOUSING AUTHORITY OF THE CITY OF TULSA
CONTRACT FOR SERVICES
THIS AGREEMENT, made and entered into this ___ day of in the year by and between
____________________, a Corporation organized and existing under the laws of the State of Oklahoma, hereinafter referred to
as "SERVICE PROVIDER", and the HOUSING AUTHORITY OF THE CITY OF TULSA, hereinafter referred to as
"THA".
WITNESSES THIS DAY, the SERVICE PROVIDER and THA for the consideration stated herein, mutually agree as follows:
ARTICLE 1: TERM OF CONTRACT. The Contract will be a contract commencing pursuant to the dates stated
in the Notice to Proceed.
ARTICLE 2: GENERAL CONDITIONS. The SERVICE PROVIDER will meet all State and Local government insurance,
licensing, training and other requirements pursuant to the specifications as set out in Article 6 herein and pursuant
to all Federal, State, and Local rules.
ARTICLE 3: INDEMNIFICATION: The SERVICE PROVIDER agrees to assume all risk of loss and to indemnify, defend
and hold THA, its directors, officers, employees and agents harmless from and against any and all liability that
THA, its directors, officers, employees and agents, may sustain as a result of all claims, damages, liabilities,
demands, suits, losses, causes of action, fines or judgments, including costs, SERVICE PROVIDER’s and
witnesses’ fees, and expenses incident thereto, for injuries to persons (including death) and for loss of, damage to,
or destruction of property (including property of the THA) arising out of or in connection with SERVICE
PROVIDER’s services under this Agreement, with the exception of those liabilities, demands, claims, suits, losses,
damages, causes of action, fines or judgments that arise out of THA’s negligent or intentional acts or omissions in
which case, SERVICE PROVIDER would not be responsible for the portion attributable to THA’s negligent or
intentional acts or omissions. THA, its directors, officers, employees and agents, shall also be entitled to recover
SERVICE PROVIDER’s fees incurred in establishing its right to indemnification. In the event that any demand
or claim is made or suit is commenced against THA arising from or in connection with this Agreement, THA shall
give written notice thereof to SERVICE PROVIDER and SERVICE PROVIDER shall have the right to
compromise or defend the same to the extent of its own interest. SERVICE PROVIDER also agrees to indemnify
and hold THA harmless should any goods or services provided by SERVICE PROVIDER under this Agreement,
infringe upon the patent, copyright or trade secret of another.
• The SERVICE PROVIDER must furnish a certificate of General Liability Insurance, and Professional Liability
and/or Errors / Omissions Insurance and to furnish both State and Federal Tax Identification numbers. THA
requires that the SERVICE PROVIDER have a minimum of $1,000,000.00 each occurrence, of General Liability,
Professional Liability and/or Errors & Omissions Insurance, Automobile and Worker’s Compensation and further
that THA be a named insured on all insurance policies. All services rendered there under must be performed in a
professional workmanship manner.
• Upon THA furnishing SERVICE PROVIDER a notice of claim against THA for damages as a result of alleged
actions by SERVICE PROVIDER personnel, SERVICE PROVIDER is to immediately notify its insurance carrier
and request their carrier’s investigation and process of the subject claim on behalf of THA.
ARTICLE 4: SCOPE OF SERVICES. The services to be rendered by Consultant under this contract shall consist of a
for the Housing Authority of the City of Tulsa, all pursuant to the Contract Documents
as set forth in Article 6 herein.
ARTICLE 5: COMPENSATION. The total contract amount shall not exceed and /100 Dollars ($X.XX). Payment will be
made by THA to Consultant in a lump sum or according to the following payment schedule:
ARTICLE 6: CONTRACT DOCUMENTS. Shall consist of the following:
1. Request for Proposals/Invitation to Bid due ___________, containing ____ (_) pages.
2. Proposal received from SERVICE PROVIDER, dated ___________, containing _____ (__) pages.
#18-010
Page 17 of 18
ARTICLE 7: PERFORMANCE OF SERVICES. The services provided under this contract are solely for the benefit of THA
and neither this contract nor any services rendered hereunder confer any rights on any other party as a third-party
beneficiary or otherwise.
ARTICLE 8: CONTRACT TERMINATION GENERALLY. THA shall thereupon have the right to terminate this contract,
in whole or in part, at its sole discretion. THA will articulate to the CONTRACTOR at the time of termination the
reason for the termination of this contract is “For Cause, For Convenience, For Lack of Funding, Assignability or
another type of breach by the CONTRACTOR.”
ARTICLE 9: CONTRACT TERMINATION FOR CAUSE. Notwithstanding the above, if, through any cause, the
CONTRACTOR shall fail to fulfill in a timely and proper fashion its obligation under this Contract, or if the
CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this Contract, THA shall
thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such
termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such
termination. In that event, the CONTRACTOR shall be entitled to receive just and equitable compensation for any
satisfactory work completed to that date.
ARTICLE 10: CONTRACT TERMINATION FOR CONVENIENCE. Notwithstanding the above, THA may terminate this
Contract in whole or in part when both parties agree the continuation of the project would not produce beneficial
result commensurate with the further expenditure of funds. The two parties shall mutually agree upon the
termination conditions, including the effective date, and in the case of partial termination, for a portion terminated.
The CONTRACTOR shall not incur new obligations for the terminated portions after the effective date, and shall
cancel as many outstanding obligations as possible.
ARTICLE 11: CONTRACT TERMINATION FOR LACK OF FUNDING. Notwithstanding the above, all terms of this
Contract are contingent upon allocated funding to THA for this particular project. In the event, such allocated
funding for this particular project is eliminated or withdrawn from THA by THA’s funding source, THA shall
thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such
termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such
termination. In that event, the CONTRACTOR shall be entitled to receive just and equitable compensation for any
satisfactory work completed to that date.
ARTICLE 12: ASSIGNABILITY. The CONTRACTOR shall not assign any interest in this Contract, and shall not transfer any
interest in the same, without the prior written consent of THA thereto; provided, however, that claims for money
due or to become due to the CONTRACTOR from THA under this Contract may be assigned to a bank, trust
company, or other financial institution without such approval.
ARTICLE 13: ASSURANCES. The CONTRACTOR hereby assures and certifies that it will comply with all regulations,
policies, guidelines, and requirements promulgated by THA, by agencies providing funding to THA, or by all other
parties with any direct or indirect interest in the work to be performed under the scope of this Contract. The
CONTRACTOR will give THA or any authorized representatives of THA access to and the right to examine all
records, books, papers, or documents which are related to this Contract.
ARTICLE 14: ENFORCEABILITY. The failure of THA and/or the CONTRACTOR to enforce its rights under this Contract at
any time for any period shall not be construed as a waiver of rights. If any part, term or provision of this Contract
is held to be illegal or unenforceable neither the validity, nor enforceability of the remainder of this Contract shall
be affected. This Contract may not be amended for any other reason without the prior written agreement of THA
and the CONTRACTOR. This Contract constitutes the entire understanding between THA and the
CONTRACTOR relating to the subject matter hereof unless any representation or warranty made about this
Contract was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior
representations, writings, negotiations or understandings with respect hereto.
ARTICLE 15: JURISDICTION IF CONTRACT IS BREACHED. This Contract shall be governed by the laws of the state of
Oklahoma, and THA and the CONTRACTOR agree to submit disputes arising out of or in connection with this
Contract to the non-exclusive of the courts in the state of Oklahoma.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three (3) original
counterparts as of the day and year first above written.
#18-010
Page 18 of 18
SERVICE PROVIDER
BY:
ATTEST:
TITLE:
Address
City, State Zip
Phone #
HOUSING AUTHORITY OF THE CITY OF TULSA
BY:
ATTEST:
TITLE: Contracting Officer
415 East Independence
Tulsa, OK 74106
918/582-0021
CERTIFICATION:
(Execution of this section is required if CONTRACTOR/Service Provider operates under a limited liability
corporation, limited liability partnership, a partnership agreement, joint venture and/or corporation. Fill in your
legal name and name of the respective business entity that is entering into this Contract/Agreement below.)
I, ______________________________, certify that I am the _______________ of the _____________________
named as CONTRACTOR herein, that ___________________________ who executed this Contract on behalf of the
CONTRACTOR was the ___________________________ of said ________________________________ at the time of
the execution, and that (he/she) executed the within and foregoing instrument, and acknowledged the same to be the free
and voluntary act and deed of said _________________________________ for the uses and purposes therein
mentioned, and on oath, I certify that (he/she) was authorized by the governing body of the said
_______________________________ to execute said instrument on behalf of said
_______________________________________ named herein.
___________________________________________
CORPORATE SEAL
Print Name
Previous edition is obsolete form HUD 50071 (01/14) ref. Handbooks 7417.1, 7475.13, 7485.1, & 7485.3
OMB Approval No. 2577-0157 (Exp. 01/31/2017)
Certification of Payments to Influence Federal Transactions
U.S. Department of Housing and Urban Development Office of Public and Indian Housing
Applicant Name
Program/Activity Receiving Federal Grant Funding
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connec-
tion with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbying, in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all
sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date (mm/dd/yyyy)
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year _________ quarter _________ e. loan guarantee date of last report ______________ f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:
Tier ______, if known :
Congressional District, if known : Congressional District, if known : 6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable: _____________
8. Federal Action Number, if known : 9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, MI): different from No. 10a )
(last name, first name, MI ):
11. Signature:
Print Name:
Title:
Telephone No.: _______________________
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. required disclosure shall be subject to a not more than $100,000 for each such failure.
Prime Subawardee
Federal Use Only:
Date:
who fails to file the Any person $10,000 and than civil penalty of not less
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connectionwith a coveredFederalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
