1-RFP 260010-P-JL.pdf

CITY OF TARPON SPRINGS, FLORIDA

REQUEST FOR PROPOSALS

RFP No. 260010-P-JL

ACTUARIAL SERVICES

ISSUE DATE: October 1, 2025

RESPONSES DUE: October 30, 2025 3:00 P.M. (Local Time)

SUBMIT TO: City of Tarpon Springs

Procurement Services Department 324 E. Pine St Tarpon Springs, Florida 34689

CITY OF TARPON SPRINGS

REQUEST FOR PROPOSALS

(RFP) No. 260010-P-JL

The City of Tarpon Springs, Florida (“City”) is requesting responses to this Request for Proposals (“RFP”), for actuarial services. The City intends to select a single firm with demonstrated expertise in providing similar services to those requested herein.

Firms with demonstrated expertise in similar projects are invited to submit a proposal package.

The Request for Proposal (RFP) can be obtained from the website at https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities. Questions regarding this RFP should be directed to jlewis@ctsfl.us. All questions must be received in writing no later than 3:00 PM, local time, October 10, 2025, and will be answered via written addendum.

Proposal Submission, Date and Time:

No later than 3:00 PM, local time, October 30, 2025.

RFP No. 260010-P-JL Project: Actuarial Services Bid Bond: N/A Performance Bond: N/A

Proposals are expected to be submitted electronically. If you elect to respond to this proposal, you must submit the bid electronically though the online services of Euna Procurement Solutions/Bonfire, all documents and attachments must be uploaded by the date and time indicated. Respondents who are E-Bidding for the first time are strongly encouraged to contact Bonfire to obtain assistance by e-mailing questions to https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities. Solicitation responses uploaded to Bonfire after the Solicitation Response Due Date and time shall not be considered. It is the sole responsibility of the Respondent to ensure that its solicitation response is uploaded before such date and time. Tarpon Springs Procurement Services shall not be responsible for delays caused by any power outages or internet failures. No exceptions will be made.

Note: It is strongly recommended to upload your response in adequate time to ensure that it will post on the day prior to the closing date.

The City of Tarpon Springs’ staff will evaluate the proposals based on the criteria established in the Request for Proposals. After the ranking is completed, the Board of Commissioners’ approval will be sought to approve the ranking and award a negotiated Agreement, which will be in the best interest of the City, with the top ranked Firm.

Ex Parte Communication. In order to ensure fair evaluation of proposals, ex parte communication initiated by Proposers is prohibited from the time the responses are opened until a final decision has been made. No Proposer may initiate communication with any City Commissioner or any City official, staff, or employee who is participating in the evaluation process.

Any and all communication initiated by a Proposer after the responses are opened must be in writing to:

Janina Lewis, CPPO, NIGP-CPP mailto:jlewis@ctsfl.us

Procurement Services Director City of Tarpon Springs Procurement Services

PO Box 5004 Tarpon Springs, FL 34688-5004 jlewis@ctsfl.us

The City may, however, initiate communication with any Proposer in order to obtain additional information or clarification necessary for fair evaluation of their proposal. Ex parte communication initiated by a Proposer may disqualify that Proposer from consideration for this or future Request for Proposals.

The City will not pay any costs incurred by Proposers in the preparation of its proposal or presentations. Proposals may not be withdrawn for 90 days after bid opening. The City reserves the right to reject any and all proposals and to waive minor informalities.

If you elect to respond to this Request for Proposals, provide one (1) electronic uploaded copy of your proposal to this office by the date indicated.

Late proposals will be rejected.

Janina Lewis, CPPO, NIGP-CPP Procurement Services Director

Attachments

JL: jl mailto:jlewis@ctsfl.us

SECTION 1- SCOPE OF SERVICES

INTRODUCTION

The City of Tarpon Springs (“City”) is requesting proposals (“RFP”) for a five-year contract for Actuarial Services – Other Post Employment Benefits (OPEB) for the Finance and Human Resources departments

DEFINITIONS

Addendum: A modification of the Bid/Agreements issued by Procurement Services and distributed to prospective Proposers prior to the bid due date and time.

Bid. The written submittal of a Proposer, submitted on the Bid Form to provide goods and/or perform the work/services in accordance with the requirements and specifications of the Bid Documents and stating the consideration that the Proposer will require for doing so.

Proposer. An individual, partnership or corporation submitted a bid, on the attached Bid Form, for the item and/or service contemplated.

City: The term City means the City of Tarpon Springs, Florida.

Change Order. A written order issued by the Chief Procurement Officer to the Successful Proposer/Contractor directing certain changes, additions or reductions in work or services or in the materials or methods to be used.

Contract: The written agreement between the City and the Successful Proposer/Contractor for the provision of goods and/or performance of the work or services in accordance with the requirements of the Bid Documents and for the payment at the agreed bid price or adjusted as a result of an approved change order.

Agreements. The Bidding Documents, Purchase Order, Contract, and Performance and Payment Bond, together with all Addenda, Supplemental Agreements and Change Orders.

Request for Proposals. The term Request for Proposals means a solicitation of formal sealed proposals. The acronym "RFP" means Request for Proposals, the RFP includes the Instructions to Proposers, General Conditions, purchase descriptions and/or specifications and may also include additional terms and conditions and all documents whether attached or incorporated by reference, utilized for soliciting sealed proposals.

Price is usually not a primary evaluation factor.

Laws: The term laws means current and future federal, state, and local statutes, rules, regulations and ordinances, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter of issue.

Responsible Proposer. The term responsible Proposer means a Proposer who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.

Responsive Proposer. The term responsive Proposer means a Proposer who has submitted a bid which conforms in all material respects to the requirements set forth in the ITB.

Supplies. All property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land.

Services. The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the requirement performance. The term shall not include employment agreements or collective bargaining agreements.

1.1. SCOPE OF SERVICES

1.1.1. BACKGROUND:

The City of Tarpon Springs has an annual budget of approximately $86,000,000 and approximately 351 full time employees taking health benefits. The City currently pays 100% of the employee’s health insurance premiums for the 351 regular full time employees and contributes a portion of the premium for dependent coverage. The City has 16 retirees but does not pay any portion of health insurance premiums for retirees. Retirees can remain in the City’s health plan as required by Florida statute. Currently 7 (employee only) retirees are taking the health care insurance with 9 retirees (employee and dependents); 27 are taking the dental with eleven employee only retirees (11) and 16 employee and dependents.

The City had a total payroll of approximately $24,873,000 covering approximately full and part-time employees for the year ended September 30, 2025. More detailed information on the government and its finances can be found in the annual budget and comprehensive annual financial report documents

The City of Tarpon Springs is a municipal corporation originally chartered by the State of Florida in 1887. The current City Charter was approved by referendum vote and was adopted in 1983. Tarpon Springs is located on Florida's West Coast 28 miles northwest of Tampa and 35 miles north of St. Petersburg. The City of Tarpon Springs currently occupies a land area of 9 square miles and serves a population of approximately 25,949.

The City operates under a commission-manager form of government. Policy-making and legislative authority are vested in the Mayor and Board of Commissioners consisting of four commissioners. The Mayor and Board of Commissioners are elected on a non-partisan basis and may serve up to two three-year terms

The City’s fiscal year begins October 1st and ends September 30th.

Pension Plans

The City of Tarpon Springs participates in the following retirement plans:

Single Employer Defined Defined Plan Benefit Contribution Police Officers Retirement X Firefighters Retirement X General Employees X

The actuarial services for the Police Officers and Firefighters Retirement plans are currently provided by Foster and Foster.

Deferred Compensation Plans The City offers its employees a deferred compensation plan adopted under Internal Revenue Code Section 457.

Insurance The City is self-insured within certain parameters for losses arising from claims for property damage, general liability, auto liability and physical damage.

1.1.2 Requirements

The following are the minimum performance requirements for Actuarial Services – Other Post Employment Benefits (OPEB):

a. Provide the cost of benefits.

b. Recognize OPEB expense on the accrual basis of accounting.

c. Project future benefit payments.

d. Determine the present value of projected benefits payments.

e. Provide the actuarial accrued liability for OPEB associated with past service costs.

f. Use an acceptable actuarial cost allocation method to assign costs to specific accounting periods.

g. Provide information useful in assessing potential demands on the City’s cash flow.

h. Provide complete reports for FY2026, 2028, 2030 and provide updates to the reports for FY2027 and 2029.

i. Provide total OPEB liabilities per fund

1.1.3. Minimum Qualifications

The offer shall meet the minimum qualification requirements:

At a minimum:

Contractor shall have at least three (3) years’ experience with this type of service.

Certify that the Principal Actuary is a Fellow of the Society of Actuaries.

Certify all actuaries assigned to the project are members of the Society of Actuaries or the American Academy of Actuaries.

Maintain the minimum insurance requirements as stated in the attached Appendix.

1.2. Deliverables/Reports

Actuarial Valuation of Post Employment Benefit Plans other than pensions.

1.3. BUDGET

All costs associated with delivering the requested services shall be detailed in the format requested in pricing forms. The City has budgeted $6,000 annually for this project.

1.4. TENTATIVE SCHEDULE*

Solicitation ............................................................................................... October 1, 2025

Deadline for Questions .......................................................................... October 10, 2025 Proposal Opening .................................................................................. October 30, 2025 Shortlist ...................................................................................................................... TBD Interview/Presentations (as applicable) ................................................ ......................TBD Board Approval ..................................................................................... December 9, 2025

*Dates are subject to change and listed here for planning purposes

SECTION 2 - SPECIAL CONDITIONS

2.1 Intent

The intent of this document is to describe the requirements, terms and conditions for utility billing and collection auditing services for the City of Tarpon Springs.

2.2 Term

The term of this agreement shall be for an initial period of five (5) years from the date of contract execution, with one (1) 1-year renewal option.

2.3 Background Checks

The Proposer shall certify to the City of Tarpon Springs background checks are conducted on all Proposer’s employees who will perform any services at City facilities.

2.4 Licenses and Permits

Proposer shall be responsible for obtaining any and all necessary licenses, certifications and approvals which may be required by any government agency in connection with Proposer’s performance of this Agreement. Proposer shall provide the City with written evidence of such licenses, certifications and approvals.

2.5 Books and Records

Contractor shall prepare in accordance with generally accepted accounting practice and shall keep, at the address for delivery of notices set forth in this Agreement, accurate books of account. All books and records, including tax returns, with respect to the business for the term of this Agreement and any extensions thereof shall be kept by Contractor and shall be open to examination or audit by the City for a period of three (3) years following expiration or earlier termination of this Agreement.

2.6 No Liens

Proposer shall not suffer any liens to be filed against any City property by reason of any work, labor, services or materials performed at or furnished to City property, to Proposer, or to anyone using City property through or under Proposer. Nothing contained in this Agreement shall be construed as consent on the part of the City to subject City property or any part thereof to any lien or liability under any Laws.

2.7 No Waiver

No provision of this Agreement will be deemed waived unless expressly waived in writing signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision, and the City's consent respecting any action by Proposer shall not constitute a waiver of the requirement for obtaining the City's consent respecting any subsequent action.

2.8 Performance

Proposer shall be responsible for performing the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work, and complying with all federal and state laws, and all ordinances and codes of the City relating to such work.

2.9 Safety Standards

Proposer shall be responsible for ensuring that personnel assigned to the Contract follow all established safety regulations pertaining to the work to be performed per OSHA and/or City standards.

2.10 Unauthorized Personnel

The Proposer's employees are not to be accompanied in their work areas on City premises by acquaintances, family members, or any other person unless said individual is an authorized Proposer employee. The City of Tarpon Springs prohibits teenagers, minors, or children from working in City-owned buildings under this Agreement. All employees of the Proposer must be eighteen (18) years of age or older.

2.11 Use of City Property, Facilities and Equipment

The Proposer shall not use City facilities, property, or equipment, including computers, copy machines, telephones, fax machines, calculators, and other items for personal or company business. The City telephones shall be used only for medical emergencies or to call City representative(s). If used, a notice of use shall be provided to the City Representative when no City employees are on site.

2.12 Damage

Proposer shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, Proposer, at its expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed 30 calendar days from date damage was done.)

2.13 Examination of the Work

The City shall be furnished with every means to verify whether or not the materials and work are in accordance with the requirements of this Agreement. Failure to reject or condemn defective work at the time it is done will not prevent its rejection whenever it is discovered.

2.14 Use of Premises

Proposer shall confine its equipment, apparatus, and the operation of its workmen to the limits indicated by Laws or direction of the project manager, and shall not unreasonably encumber the premises with its materials. Proposer shall take all measures necessary to protect its own materials.

2.15 Clean-up

At the end of each working day, Proposer shall clean and remove from the premises, all discarded materials and rubbish and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work.

Proposer shall leave the work site in a neat and presentable condition.

2.16 Non-Exclusive

Award of this Agreement shall impose no obligation on the City to utilize Proposer for all work of this type, which may develop during the agreement period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the City’s best interest.

2.17 Relationship of Parties

Nothing contained herein shall be deemed or construed as creating the relationship of principal and agent or of partnership or of joint venture between the City and Proposer. It is understood and agreed that nothing contained herein, nor any acts of the City or Proposer, shall be deemed to create any relationship other than the relationship of independent Proposers and principals of their own accounts.

Neither Proposer nor its employees shall be the employees of the City under the meaning or application of any Laws, including but not limited to unemployment insurance or workers’ compensation. Proposer shall assume all liabilities and obligations imposed by any such Laws with respect to its employees. Proposer and its employees shall have no authority to act as the agent of the City and shall not hold itself out as such.

2.18 Subcontracting

The hiring or use of outside services or subcontractors in connection with the performance of Proposer’s obligations under this Agreement shall not be permitted without the prior written approval of the City. Proposer shall promptly pay all subcontractors and suppliers.

Any subcontracting, so permitted by the City, shall be subject to all the terms and conditions and other provisions of this Agreement. In the event that work is subcontracted, the Proposer retains full responsibility for the acts and omissions of its subcontractors and of persons employed by the subcontractor.

Notwithstanding any such subcontracting, Proposer shall remain obligated and responsible to the City for the performance of all terms and conditions and other provisions of this Agreement.

2.19 Equipment Storage Space

Equipment storage space and maintenance areas shall be provided by the City. Although provided by the City, it will be the responsibility of the Proposer to keep the area neat and clean at all times.

2.20 Purchase Agreement

The successful Proposer shall be issued an agreement, which by reference, incorporates all terms and conditions as set forth in this RFP, any Addenda issued, and the Proposer’s response.

The Purchase Order, RFP document, any Addenda issued, and the Proposer’s response shall constitute the entire Agreement between the City and the successful Proposer.

Proposer shall reference the Purchase Order number on any invoice submitted to the City for payment.

2.21 Termination of Contract

The City of Tarpon Springs reserves the right to terminate this Agreement with 30 days written notice if:

a. Proposer is determined by the City to be in breach of any of the terms and conditions of this Agreement;

b. The City has determined that such termination will be in the best interest of the

City to terminate this Agreement for its own convenience; or

c. Funds are not available for this service. The City's obligation is contingent upon the availability of appropriated funds.

SECTION 3 - PROPOSAL REQUIREMENTS

3.1. Required Format

To ensure consistency, all proposals must conform to the format outlined herein:

Cover Letter Table of Contents Section A Qualifications and Experience Section B Description of Proposed Service/Technical Proposal/Timelines Section C Cost (Submit Separately from Main Proposal) Section D References and Current Contracts Section E Acceptance of Terms and Conditions Section F Submittals and Other

1. Cover Letter

Responses limited to two pages. The cover letter must include the full legal name of the firm; a brief summary of the proposing firm; a statement of the Offeror's understanding of the scope of services to be provided; the address of the office conducting the service and of the office administering the Agreement, the names of the person(s) who will be authorized to make representations for the Offeror, their titles, addresses, telephone numbers, and e-mail addresses. The cover letter must be signed by an authorized official of the company, preferably the President. Offeror shall provide proof with its offer of signing authority for any official who signs the cover letter other than the President.

2. Table of Contents

The table of contents must include a clear identification of the material, by section and by page number.

3. Section A – Qualifications and Experience

Responses limited to five (5) pages maximum, single-sided, for narrative, plus resumes and organization charts. The offeror should state the size of the firm, the location of the office from which the work on this engagement is to be performed, the number and nature of the professional staff to be employed in this engagement on a full-time basis, and the number and nature of the staff to be so employed on a part time basis.

Provide a list of all the key team personnel that will serve on this project, if selected.

Include the Certification of the Principal Actuary in the Society of Actuaries

Provide a statement of qualifications which outlines the organizational/individual training, experience, and qualifications in relation to this type of work.

Include any other information to show that your firm has the necessary facilities, equipment, staff experience and qualifications, ability, and financial resources to provide the services specified in a satisfactory manner.

4. Section B – Description of Proposed Service/Technical Proposal/Timelines

Responses limited to eight (8) pages. Include a technical proposal work plan describing the detailed scope of work, including specifying tasks with corresponding timelines and deliverable products. Describe the assistance and support your staffing resources will require of the City to accomplish the project. Describe your firm's technology capabilities that will be utilized for the project. Describe your firm's analytical capabilities and how they will be integrated into the project. Provide example reports.

Note: Duration of the project for each fiscal year shall be for a period not to exceed ninety

(90) days.

5. Section C- Costs - NOTE: Appendix B - Fee Summary shall be submitted in a separate, clearly marked "Appendix B - Fee Summary.

Provide a detailed cost breakdown by phase/task of the work plan including the class of personnel performing each phase/task of the work, the hourly rate charged for each class, the number of hours charged for each class, an equivalent breakdown of all subcontracted work, any direct or indirect cost items which the Offeror plans to charge and the maximum contract price.

Proposal Cost

Lowest Cost Proposed

% of Low

Multiplier Total Points Assigned

Company #1

$100,000 $100,000 100.0% 25 25

Company #2

$108,000 $100,000 92.6% 25 23

Company #3

$120,000 $100,000 83.3% 25 21

The maximum contract price shall include all items of work defined in the proposal. The Offeror shall deliver the performance described in its proposal within the agreed price for each fiscal year.

6. Section D – References and Current Contracts

Provide at least five references for contracts of similar size and scope. Include the name of the organization, the length of the contract, a brief summary of the scope of services, and the name and telephone number of the responsible contact person. References that are not relevant to this RFP should not be included. Therefore, the references provided should be directly related to the requirements in the scope of work.

7. Section E – Acceptance of Terms and Conditions, Specifications and Other Requirements

Responses limited to one (1) page. In this section, list any exceptions taken to the terms, conditions, specifications, or other requirements listed in this RFP. You must reference the RFP section where exception is taken, a description of the exception, and the proposed alternative, if any. All terms, conditions, specifications and other requirements of this RFP shall be deemed accepted by the Offeror unless excepted to in accordance with this Section E.

8. Section F – Submittals and Other

Responses limited to one page for narrative, plus forms. This section should include the Acknowledgment Form, current insurance coverages, and Preferences to Businesses with Drug Free Workplace Program Form. Include any other information, not previously requested, you believe is pertinent in the evaluation of your firm’s capability to provide the services specified. Include information regarding any additional and/or value added services your firm can offer that would be advantageous and provide a competitive advantage to the City.

Please include only relevant information and pertinent exhibits in the proposal. Duplication of materials provided in the RFP, exhaustive resumes, inclusion of standard company promotional materials, etc. will not garner additional points in the evaluation process and may detract from the clarity and conciseness of the proposal.

SECTION 4 - EVALUATION OF PROPOSALS

4.1. Evaluation of Proposals

The City endeavors to maintain strict confidentiality and objectivity throughout this procurement process to the extent allowed by law. Thus, Proposers shall in no way attempt to communicate with City staff, Board of Commissioners, and other key project stakeholders except as outlined in the RFP.

Proposals will be evaluated and scored by the committee, per the criteria outlined herein. As part of the evaluation process, the City will also take into consideration the responsiveness and responsibility of the Proposers. The criteria for responsiveness and responsibility are as follows:

4.1.1 Responsiveness: The City will determine whether the Proposal complies with the instructions contained herein, including completeness, submission of all required forms, adherence to response format instructions, compliance with minimum qualifications, etc.

4.1.2 Responsibility: The City will determine whether the Proposer is one with whom it can or should do business. Factors that the City may evaluate to determine “responsibility” include, but are not limited to: past performance on projects for the City of Tarpon Springs and outside agencies, references (including those found outside the Proposal), compliance with laws (including tax laws), Proposer’s record of performance and integrity (including delinquency, unfaithfulness, legal qualification to enter into a contract, financial stability, perceived ability to completely perform as specified, etc.), financial resources, facilities, equipment, and personnel (including that of subcontractors). City staff may also utilize Duns & Bradstreet and/or any generally available industry information. The City will determine whether any failure to supply information, or the quality of the information provided, will result in rejection.

4.2. Evaluation Committee

A City Evaluation Committee (“CEC”) shall be established by the City Manager (or designee). The City Manager (or designee) shall approve the members of the CEC. The selection committee will be made up of no less than three (3) members that, will evaluate, score, and rank the responses relative to their qualifications, approach, and ability to provide services to best serve the needs of the City.

Such other City staff person(s), attorneys or outside consultants may, as deemed appropriate by the CEC Chair, may also be requested or allowed to attend CEC meetings for the purposes of assisting/advising CEC members, monitoring the evaluation process, or for any other reason determined by the Chair to be in the City’s best interests.

Where the City Manager determines (due to a lack of in-house expertise, the existence of a cooperative procurement effort, the availability of an individual with unique expertise, the source of project funding, or other good cause) that it is in the City’s best interests, an employee of another governmental agency may be asked to serve on the

CEC.

CEC members shall not receive any compensation for serving in that role apart from their normal City compensation (as to City employees) or such compensation as they are provided by their employing agency (as to members from other agencies).

The City’s procurement staff, working as needed with the City Attorney’s Office, will ensure appointed CEC members are informed of the applicability of Florida’s Sunshine, Ethics, and Public Records laws apply to their service (including their communications with each other) so as to ensure those laws are complied with by the members. CEC members shall not solicit nor accept anything of value from any Firm or agent of a Firm, including a gift, loan, reward, promise of future employment, favor, or service, and shall report any offers of same to the Manager.

The City’s procurement staff assigned to assist the CEC will serve as its facilitator, will take minutes of the meetings, and will ensure the CEC’s records, meeting notices and minutes, are maintained within the RFP’s file.

The Evaluation Committee will develop distinct final ranking list. The Evaluation Committee will then report its recommendations to the Procurement Services Director who will recommend that Proposer(s) to the City Board of Commissioners and seek to enter into Agreement with the selected Proposer(s). The City will enter into an agreement with the Proposer(s) that is selected by the Board of Commissioners to best meet the needs of the City.

4.3. Proposal Clarifications

The Evaluation Committee members will determine if any additional clarifications regarding any and all portions of a Proposal for any of the Proposers are necessary. If additional clarification is deemed necessary, these clarification requests will be submitted to the Proposers in writing. Proposers will have a minimum of five (5) business days to provide a response to the clarification request correspondence.

Proposers are notified that responses to the clarification requests will be considered in the final rankings and may be included in the final Agreement.

4.4. Proposal Evaluations and Ranking

The Evaluation Committee will evaluate and rank the Proposals based on the following criteria.

Proposers are encouraged to identify and include critical proposal elements and keep their proposals concise:

CRITERIA MAXIMUM POINTS

Criteria Points Experience, Capacity and Qualifications 35 Plan/Technical Approach 35 Schedule 10 Cost 20 Total Points 100

4.5. The Selection Committee’s Recommendation

The proposals will be evaluated based on the factors set forth in the RFP and may be reduced to three (3) or fewer Proposers. Discussions may be conducted with these Proposers to further clarify the City's requirements and the Proposer’s proposals. Proposers may be required to make presentations.

The City reserves the right to invite the top-ranked Proposers to attend an interview/oral presentation. This provides an opportunity for the Proposers to clarify or elaborate on their Proposal. This is a fact finding and explanation session only and does not include negotiation.

The City’s Procurement Services Department will schedule the time and location of the interview or presentation. All interviews or presentations shall be held on site at a City location unless virtual attendance is coordinated in advance with the City, and all costs involved shall be the responsibility of the Proposer. Interviews or presentations are an option of the City and may or may not be conducted. A specific time schedule will be established after the Proposals are received and reviewed. Upon completion of the oral presentation(s), the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the written documents combined with the oral presentation, utilizing the same evaluation criteria detailed herein.

Written notification of the Selection Committee's ranking of the proposals will be published online and made available to Proposers.

SECTION 5 – ADMINISTRATIVE REQUIREMENTS -INSTRUCTIONS TO PROPOSERS AND

GENERAL PROVISIONS

5.1. Preparation of the RFP

Proposers are expected to examine this RFP and all related documents. Failure to do so is at the Proposer’s risk. Each Proposer shall furnish the information required by the RFP.

The Proposer shall print or type the Proposer’s name, address and telephone number on the face page, and each continuation sheet must be identified with Proposer’s name.

The Proposers shall retain a copy of all documents for future reference. All proposals must be signed with the company or firm's legal name and by an officer or employee having authority to bind the company or firm by his or her signature.

5.2. Submission or Receipt of Proposals

Proposal is to be submitted electronically through the ebidding process via, Bonfire.

Facsimile or e-mail proposals will not be considered. Late proposals and modifications will not be considered. Failure to follow the instructions in the RFP is cause for rejection of offer.

This form may be signed by ink signature, copy of ink signature, copy of signature, e-signature or any other form of signature. By submitting this proposal, the Proposer agrees that its signature will have the same legal effect as an original ink signature. This form may be signed by ink signature, copy of ink signature, copy of signature, e-signature or any other form of signature. By submitting this proposal, the Proposer agrees that its signature will have the same legal effect as an original ink signature.

5.3. Right to Reject Proposal

Right is reserved to reject any or all proposals for any reason and to disregard typographical, mathematical, or obvious errors. The City will not pay any costs incurred by any Proposers in the preparation of proposals or presentations.

5.4. Explanations

Explanations or instructions shall not materially alter the RFP unless they are in writing.

Oral explanations or instructions given before the award of the Agreement will not be binding. If necessary, a written addendum to the RFP will be issued by the City of Tarpon Springs through Bonfire:

(https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities). Responses will not be made to questions submitted after the deadline.

5.5. Acceptance of Offer

The signed proposal shall be considered an offer on the part of the Proposer.

5.6. Modification or Withdrawal of Offer

An offer may not be modified, withdrawn, or canceled by the Proposer for 90 days following the time and date designated for the opening of proposals (except when requested by the City for clarification, presentation or best and final offers) and the Proposer so agrees by submitting its proposal.

5.7. Discrepancies, Errors, and Omissions

Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the City's Procurement Services Department. Should it be found necessary, a written addendum will be incorporated in the RFP and will become part of the Agreement. The City will not be responsible for any oral instructions, clarifications, or other communications.

5.8. Disqualification

The City reserves the right to disqualify offers before or after opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposers.

5.9 Mistakes

Due care and diligence has been used in preparing these specifications and related information. However, no warranties are made as to the accuracy and completeness of the required information. It is the responsibility of the Proposer to ensure that they have all the information necessary to affect their proposal. The City will not be responsible for the failure on the part of the Proposer to determine the full extent of the risk exposure and scope of work required to effectively perform under contract. Proposers are expected to examine the conditions, scope of work, special conditions, technical specifications, and all instructions pertaining to services involved. Failure to do so will be at Proposer’s risk.

5.10. Taxes

The City does not pay Federal Excise and Sales Taxes or State Excise and Use Taxes.

The Tax Exemption Number is 85-8012621696C-2.

5.11. Governmental Restrictions

In the event any governmental restrictions may be imposed which would necessitate alteration of the services offered in this proposal prior to their beginning of work, it shall be the responsibility of the successful Proposer to notify the City of Tarpon Springs at once, indicating in writing the specific regulation which required an alteration. City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to City.

5.12. Advertising

In submitting a proposal, Proposer agrees not to use the results as a part of any advertising.

5.13. Excess Reprocurement Liability

Contractor shall be liable to City for all expenses incurred by City in re-procuring elsewhere the same or similar services offered by Contractor hereunder, should contractor fail to perform. Such re-procurement expense obligation by contractor shall be limited to the excess over the agreed upon price.

5.14. Waiver of Breach

No waiver of any breach of this agreement shall be held to be a waiver of any subsequent breach of this agreement.

5.15. Entire Agreement

This agreement contains the entire understanding of the parties and supersedes all previous verbal and written agreements; there are no other agreements, representations or warranties not set forth herein. In the event any portion of this agreement shall be declared by any court of competent jurisdiction to be invalid or unenforceable, the parties agree that such invalid or unenforceable portion shall be severable, and the contract shall be treated as though that portion had never been part of this agreement.

5.16. Execution of Agreement

The individual, firm, or corporation to which the Agreement has been awarded shall sign the necessary Agreement entering into a contract with the City, and return it to the City within ten (10) business days from the date the final approved Agreement has been received by the successful Contractor. The Agreement shall not be considered binding upon the City until it has been properly executed.

5.17. Proposer Expenses

The City is not responsible for any expenses that Proposer may incur in preparing and submitting responses called for in this request. The City will not pay for any such expenses and will not be liable for any costs incurred by the Proposer in connection with any interviews/presentations.

5.18. Public Records Law

The Contractor shall comply with all applicable requirements contained in the Florida Public Records Law, including but not limited to any applicable provisions in Florida Statutes § 119.0701. Pursuant to that statute, the Contractor shall:

(a) Keep and maintain public records required by the City to perform the services provided hereunder.

(b) Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the term of this Agreement and following completion of this Agreement if the Contractor does not transfer the records to the City.

(d) Upon completion of the Agreement, transfer, at no cost, to the City all public records in the possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City.

If the Contractor fails to comply with the requirements in this Section, the City may enforce these provisions in accordance with the terms of this Agreement. If the Contractor fails to provide the public records to the City within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes.

PUBLIC RECORDS CUSTODIAN

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT:

CITY CLERK

410 NORTH RING AVENUE

TARPON SPRINGS, FL 34689

727-942-5614

CITYCLERK@CTSFL.US

5.19. Compliance with Laws

a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.

b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for Itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects.

Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.

c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States.

(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Contractor Immigration Warranty").

(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City.

(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City regarding any such inspections.

(iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed.

(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act.

d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement.

5.20. Governing Law; Consent to Jurisdiction

The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and shall govern the interpretation of this Agreement. Any and all legal or equitable actions necessary to enforce this Agreement shall be held and maintained solely in the state and federal courts in and for Pinellas County, Florida. Venue shall lie exclusively in Pinellas County.

5.21. Attorney’s Fees

In any civil, administrative, bankruptcy, or other proceeding concerning the interpretation, performance or enforcement of this Agreement, each Party shall pay all of their own costs, attorneys’ fees and expenses, including all costs, fees, and expenses incurred in any administrative hearing, trial, appeal, and mediation. Each Party hereby waives any award of attorney fees it might otherwise recover as the prevailing Party in such proceedings.

5.22. Force Majeure

In the event that either party hereto shall be delayed or hindered in or prevented from the performance required hereunder by reason of strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature not the fault of the party delayed in performing work or doing acts ("Permitted Delay"), such party shall be excused for the period of time equivalent to the delay caused by such Permitted Delay.

Notwithstanding the foregoing, any extension of time for a Permitted Delay shall be conditioned upon the party seeking an extension of time delivering written notice of such Permitted Delay to the other party within ten (10) days of the event causing the Permitted Delay.

5.23. Hold Harmless

The Contractor agrees to indemnify, hold harmless, and defend City of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of the Contractor, its agents, officers, employees, and all other persons as a result of the performance of the services. This includes claims made by the employees of the Contractor against the City of Tarpon Springs and Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This shall not be construed in any way as a waiving of any immunity the City may have under the Doctrine of Sovereign Immunity or of 768.28, Florida Statutes.

5.24. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

5.25. Award Without Discussion

The City may award the Agreement on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer's best terms from a cost or price and technical standpoint.

5.26. Award of Agreement

An award shall be made to the responsible Proposer whose proposal is determined, in…