2024+04Apr+30+RFP+DRAFT+ENCORE+V3+RE23-154+Email+5+30+1128a_8-15-24_-_Copy.docx

REQUEST FOR PROPOSALS (RFP) FOR

POTENTIAL LEASE OF A PORTION OF CITY OWNED PROPERTY LOCATED AT NE CORNER OF CENTRAL AVENUE AND EAST HARRISON STREET, TAMPA, FLORIDA IN THE CENTRAL PARK COMMUNITY REDEVELOPMENT AREA

Sealed proposals for POTENTIAL LEASE OF A PORTION OF CITY OWNED PROPERTY LOCATED AT THE NE CORNER OF CENTRAL AVENUE AND EAST HARRISON STREET, TAMPA, FLORIDA IN THE CENTRAL PARK COMMUNITY REDEVELOPMENT AREA, RFP # will be received by the Director of Purchasing, City of Tampa, until ; then to be opened.

The opening of the RFP on ***, 2024, at ***PM, at 2555 E. Hanna Avenue, Tampa, Florida 33610, Purchasing Dept, 2nd Floor, shall be a public bid opening, in which City of Tampa Purchasing and an RFP Evaluation and Selection Committee (“Committee”) formed by the City will read the proposals received in response to this RFP.

A PRE-PROPOSAL CONFERENCE will be held at ***AM, ***, 2024, at 2555 E. Hanna Avenue, Tampa, Florida 33610, Purchasing Dept, 2nd Floor to discuss the above referenced subject.

Hanna City Center Building is a controlled access building, and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department.

In accordance with the Americans with Disabilities Act (“ADA”) and Section 286.26, Florida Statutes, persons with disabilities needing a reasonable accommodation to participate in these public hearings or meetings should contact the City of Tampa’s ADA Coordinator at least 48 hours prior to the proceeding. The ADA Coordinator may be contacted by phone at 813-274-3964, email at TampaADA@tampagov.net, or by submitting an ADA - Accommodations Request online form available at https://tampagov.net/ADARequest. Please note that the City of Tampa may not be able to accommodate any request received less than 48 hours before the scheduled hearing or meeting.

Attached are important instructions and specifications regarding responses to this Request for Proposals. Failure to follow these instructions may result in the Proposer’s disqualification.

Questions regarding Vendor Registration, accessing RFP documents or submission assistance within the GetAll system shall be emailed to support@getall.com. Reference RFP # and name in email subject line. Questions pertaining to the RFP document/specifications will be accepted up to ten (10) days prior to the scheduled opening date and time and shall be submitted within the GetAll system. Per the City of Tampa’s Communication Policy during any solicitation period including any protest and/or appeal, there should be no contact with City officials or employees, other than the Analyst, the Director of Purchasing or the Legal Department, permitted from any Proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal.

Proposals shall be accepted no later than the time and date specified above. The RFP Opening shall be thereafter and published on GETALL. All proposals received after the due date and time shall be rejected. Proposals by mail, hand delivery or express mail, telephone, email or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the GETALL system. No file shall have a special character. No proposal may be withdrawn or modified after the time fixed for the opening of proposals.

Electronic submittals shall be performed in the GetAll system via link (include Sysoft issued link). To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Proposer submit their documents with adequate time allowed prior to the deadline. Proposer shall receive an email confirmation of their proposal submittal after clicking on the Confirm Bid button in the GetAll system. The Proposer shall be responsible for confirming their submittal is received by the deadline. Any submittal received after the closing date and time will not be considered.

INSTRUCTIONS TO PROPOSERS

City of Tampa solicitations are issued electronically via GetAll’s system. Obtaining solicitations through GetAll will ensure the proposers will have the following capabilities: receipt of solicitation documents electronically, track the status of solicitation award activity, receive addenda, receive the results of solicitation awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than GetAll are cautioned that the solicitation packages may be incomplete. The City will not accept incomplete proposals. Contact GetAll at support@getall.com for more information.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the GetAll system. GetAll has no affiliation with the City of Tampa other than as a service that facilitates communication and solicitation submittals between the City and its proposers. GetAll is an independent entity and is not an agent or representative of the City. Communications to GetAll does not constitute communications to the City. Contact GetAll at support@getall.com for more information.

Proposers discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFP, shall immediately notify the City of such error in writing and request modification or clarification of the RFP within the GetAll system. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who received an original RFP from GetAll (those who are on the Plan Holders List). Addenda will be posted and disseminated by GetAll at least five (5) days prior to this RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal or it shall be deemed waived.

Tabulations (results) will be posted in the GetAll system and made available to proposers after the scheduled public opening of the sealed proposals.

The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations that govern this RFP and potential award.

The Proposer is expected to carefully examine the entire solicitation package, including but not limited to all the provisions, terms, and conditions. Failure to do so will be at the Proposer’s risk.

Table of Contents Page No.

Section A – Overview of the Property and Lease Premises

RFP Attachments

A. OVERVIEW OF THE LEASE PREMISES SUBJECT TO AND PURPOSE OF THE RFP

Property Description:

The City of Tampa (the “City”) owns certain real property located at NE Corner of Central Avenue and East Harrison Street, identified as a portion of Folio 183341-0096 and a portion of Tract 7, of ENCORE. The subject property of this RFP is a portion of Tract 7 containing approximately 2,300 square feet more or less (the “Property”). The Property is in the Central Park Community Redevelopment Area, Tampa, Florida.

A map depicting the location of the Property in Figure 1 below and Figure 2 depicts the Property.

Figure 1

Figure 2

RFP Purpose:

The purpose of this RFP is to seek proposals from interested parties that will have an agreement(s) for space in the Central Park Community Redevelopment Area for daycare operations by the time of selection by the City of Tampa, and desires to enter into a ground lease to provide a playground for said activities (the “Project”).

The Property is located within the Central Park Community Redevelopment Area, therefore this proposed lease is subject to published notice and issuance of this RFP pursuant to 163.380(3)(a), Florida Statutes. A copy of the form of the notice of this RFP that will be published is attached as Attachment 1 to this RFP.

A lease will be required between the City and the successful proposer. This lease is subject to approval by City Council and will address, among other things: (1) the size and scope of the Project; (2) agreed upon timelines for obtaining any necessary governmental approvals for the Project and for the completion of the Project; (3) rent and/or other forms of consideration and any conditions pertaining to the Property from the City to the successful proposer; and (4) if required or if volunteered by the successful proposer, contractual assurances regarding compliance with the City’s Equal Business Opportunity and Apprenticeship Programs in connection with the design and construction of the Project.

B. REQUIRED ELEMENTS OF THE PROPOSAL

The proposal or response provided by a proposer to this RFP must be in writing and specifically address each of the following elements, questions, or issues:

1. Describe Project Use(s) and Property Development Requirements:

a. Description of Proposed Use(s) and Compliance with RFP’s Purpose: Describe in as much detail as possible the proposed use(s) of the Property including any improvements that will be constructed and operated on the Property (also described as the “Project”) by the proposer consistent with the purpose of this RFP. In particular, please describe how the proposed Project is consistent with the purpose of this RFP.

b. Future Land Use, Zoning & Community Redevelopment Plan: Confirm that the proposed Project and its use(s) of the Property will comply with or be consistent with:

Alternatively, please identify any possible modifications that may be required to the Property’s future land use or zoning or to the Community Redevelopment Plan to accommodate the Project.

c. Any Other Land Involved: Does the proposer have an agreement or will have an agreement for use of other property, also located at Encore, Tampa, Florida? If so, please describe any existing or proposed use(s) of the land already under the control of the proposer and whether the Project will include this additional land already owned or controlled by the proposer or how the Project will beneficially impact the land and/or any improvements owned or under control by the Proposer nearby.

d. Experience: Please provide a summary or summaries of any relevant experience of the proposer and members of the proposer’s team (including the architect, engineer, or general contractor) in connection with a proposed Project of this nature.

2. Operating Requirements and Details:

a. Operational/Use Requirements: Please acknowledge and confirm that the Project will be operated and used for purposes or uses consistent with this RFP.

b. Agreement: Attach a copy of the agreement or letter executed by the entity/owner confirming a long-term agreement in place, or to be in place by the time of selection by City of Tampa.

3. Provide Information on Business Terms Including the Cost and Financing of the Project:

a. Consideration for the City’s Lease of the Property: Please detail what you are willing to pay the City (rent) or what other form(s) of consideration you are willing to provide the City for the lease of the Property (i.e. utilities, janitorial services, security, etc.).

b. Estimated Project Costs: Please provide any estimates regarding the cost of the Project including any relevant back-up information.

c. Financial Capacity of proposer: Describe the financial capacity in place for the proposer to undertake the Project contemplated in this RFP including any supporting documentation.

d. Financing Plan for the Project: The proposer must address the following items in connection with the financing of the Project:

i. Does the proposer have sufficient funds available to operate the Project? If so, how much? If additional funds are required, please provide an estimate of how much.

ii. Does the proposer intend on financing all or a portion of the cost of the Project? If so, please provide information regarding any proposed financing.

iii. Does the proposer intend to seek financial assistance from any government agency in connection with the Project (including the City or CRA)? If so, please describe. If the proposer is seeking financial assistance from the City or the CRA (Community Redevelopment Agency) for the Project, please describe the purpose and amount of financial assistance being sought.

4. What are the Proposer’s Diversity and Workforce Commitments?

a. General Diversity Commitment: Please confirm in writing that neither the proposer nor any member of the proposer’s team will discriminate against any person or entity because of race, sex, religion or national origin, sexual orientation, color, pregnancy, age, marital status, familial status, disability, gender identification, genetic information, ethnicity, or any other basis as prohibited by law or City ordinances in connection with the design, construction and operation of the Project, including, without limitation, the subcontracting and the acquisition of materials in connection with the design and construction of the Project.

b. Compliance with the City’s EBO and Apprenticeship Programs: Chapter 26.5 of the City Code, among other things, establishes the City’s “Small and Local Business Enterprise”, “Women and Minority Business Enterprise” and “Apprenticeship” Programs (collectively the “EBO & Apprenticeship Programs”). Will the proposer and the proposer’s Team voluntarily comply with and be subject to all or some of the City’s EBO & Apprenticeship Programs contained in Chapter 26.5 of the City Code in connection with the design, construction and/or operation of the Project? If so, please detail.

5. Special Agreement or Lease Terms: Please specify any special or unusual lease terms and conditions requested by the proposer in connection with this proposal or the Project.

C. PROPOSAL SUBMISSION REQUIREMENTS

The following must be submitted in the proposal:

1. Contract Termination for Default: Has the proposer’s company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the proposer was in default.

If the company had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company’s position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience.

2. Contract Litigation/Legal Proceedings: The proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years.

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

3. Coordination with the City. If during the course of the Project, the successful proposer makes personnel changes, the City has the right of review, acceptance, and/or reject the proposed substitute(s). The City will make available the City’s management team for interview and consultation during plan(s), development and for review of the draft and final plans.

During the term of the lease, the project manager shall meet on-site with the City’s project manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating the work to be performed, or performance of work.

D. REVIEW AND SELECTION PROCESS

1. SELECTION CRITERIA AND POINTS

An RFP Evaluation and Selection Committee (“Committee”) formed by the City will review and score all complete proposals, which are timely submitted, based on the following criteria:

TOTAL POINTS 100 points

2. EVALUATION/SELECTION PROCESS

Introduction: Following the opening of the proposal packages, the proposals will be reviewed for responsiveness and completeness by City staff in accordance with the requirements of this RFP. Incomplete, late or non-responsive Proposals will be set aside and will no longer be considered. Responsive, timely and complete proposals will then be evaluated and scored by a “Committee”. The members of the Committee will have the appropriate experience and/or knowledge to evaluate the submitted Proposals and will be selected by the Real Estate Director.

Proposal Evaluation: The Committee members will first evaluate and score responsive proposals based on the Evaluation Criteria and points allowed for each itemized Evaluation Criteria as provided in Section D.1 of this RFP, above. Proposals will be scored based on point totals and not a percentage factor. Once the proposals are scored by the individual Committee members independently of each other, a member of City staff (if not serving on the Committee) will collect and compute the scores. The Committee will meet at a properly noticed meeting in accordance with Florida law to review the proposal scores and thereafter to rank the proposals based on that scoring. Upon completion of the ranking and at the sole discretion of the Committee, the Committee may choose to require oral presentations from some, all or any number of the Proposer(s) if the Committee believes, at its discretion, that additional consideration is necessary. If oral presentations are conducted, the Committee may re- evaluate and/or re-rank the proposals remaining in consideration based upon the written documents combined with the oral presentation.

The recommendation of the award will be based on the highest and best use to meet the City’s goals set forth in this RFP as determined by the Committee. The recommendation of the Committee shall be presented to the Mayor for approval. Thereafter, City staff will negotiate such agreement(s) with the successful Proposer as necessary to implement and as are consistent with RFP. Any such agreement(s) are subject to approval by Tampa City Council and execution by the Mayor.

The City reserve(s) the right to reject any and all proposals or responses to this RFP at the City’s sole and absolute discretion.

E. GENERAL CONDITIONS

Purchasing to Include proper verbiage.

F. FORMS AND INSURANCE

This contract is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this RFP document, which should be reviewed for complete insurance details and coverage requirements.

The remainder of this page is left intentionally blank.

PROPOSER’S AFFIDAVIT

Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared, AFFIANT’S NAME

Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Proposer in the matter at hand, as follows:

1. That the Proposer, if a natural person, is of lawful age.

2. That if the Proposer is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity.

3. That if the Proposer is operating under a fictitious name, Proposer has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida;

4. That the Proposer has not submitted a rigged Proposal, nor engaged in a collusive arrangement related to the Proposal, or fraudulent Proposal, or entered into a conspiracy in connection with this Proposal with any other natural person, partnership, corporation or other entity making a Proposal for the same purpose. The Proposer has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to submit a proposal.

5. In the event that the City determines that the Proposer has participated in any collusive, deceptive, or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Proposer. The contract let under such circumstances shall be deemed invalid.

6. That the Proposer is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County, or the State of Florida.

7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Proposer; nor does the Proposer know of any City officer or employee having any financial interest in assisting the Proposer to obtain, or in any other way effecting, the award of the contract to this Proposer.

8. That, by submitting this bid, the Proposer certifies that he/she has fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered.

9. That, by submitting this Response to an RFP, Proposer certifies that it is not on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

FURTHER AFFIANT SAYETH NOT.

Proposer: Complete the applicable Acknowledgement for An Individual Acting in His/Her Own Right, A Partnership or A Corporation, according to your firm type.

FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT

State of County of

The foregoing instrument was sworn to (or affirmed) and subscribed before me this ____ day of _________________, 202___, by __________________________, who is personally known to me or who has produced identification and who did (did not) take an oath.

Notary Public _________________________________________ State of: ________________ Printed or typed name of Affiant My Commission Expires: _____________________

Printed, typed or stamped Commissioned name of notary public

FOR A PARTNERSHIP

State of County of

The foregoing instrument was sworn to (or affirmed) and subscribed before me this ____ day of _________________, 202___, by __________________________, who is a partner on behalf of _____________________________________, a partnership. He/She is personally known to me or has produced identification and did (did not) take an oath.

Notary Public _________________________________________ State of: ________________ Printed or typed name of Affiant My Commission Expires: _____________________

Printed, typed or stamped

FOR A CORPORATION

State of County of

The foregoing instrument was sworn to (or affirmed) and subscribed before me this ____ day of _________________, 202___, by __________________________, who is the _____________ of__________________________________, (Title) (Corporation Name) a corporation under the laws of the State of __________, on behalf of the said corporation. He/She is personally known to me or who has produced identification and who did (did not) take an oath.

Notary Public _________________________________________ State of: ________________ Printed or typed name of Affiant My Commission Expires: _____________________

Printed, typed or stamped

FOR A LIMITED LIABILITY COMPANY

State of County of

The foregoing instrument was sworn to (or affirmed) and subscribed before me this ____ day of _________________, 202___, by __________________________, who is the _____________ of__________________________________, (Title) (Limited Liability Company Name) a corporation under the laws of the State of __________, on behalf of the said corporation. He/She is personally known to me or who has produced identification and who did (did not) take an oath.

Notary Public _________________________________________ State of: ________________ Printed or typed name of Affiant My Commission Expires: _____________________

Printed, typed or stamped

PROPOSAL SIGNATURE FORM

The undersigned offers and agrees to comply with this RFP and all conditions imposed or contained herein and to comply with the attached signed proposal, or as mutually agreed upon by subsequent negotiation. This completed Proposal Signature form must be submitted with the Proposer's written proposal and will become a part of any agreement that may be awarded. This Proposal Signature Form must be signed by an authorized representative of the Proposer.

Please type or print:

Name of Firm: __________________________________________

Address: _______________________________________

City: __________ State: ___________ Zip: _____

Contact Person: ___________________________ Title: _______________________

Telephone No.: ________________ Fax No.: _____________ Email: ___________________ Federal I.D. #: _________________________________________________________________ Type Organization:

[ ] Individual [ ] Small Business [ ] Non-Profit [ ] Partnership [ ] Corporation [ ] Joint Venture [ ] Limited Liability Company

Attach copies of all such licenses, permits or certificates issued to the business entity.

Business is licensed, (unless exempt by applicable law) permitted, or certified to do business in the State of Florida:

[ ] Yes [ ] No License #: ____________________

Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other

Is your business certified as a minority business (WMBE) or small business enterprise (SLBE) with any government agency? [ ] Yes [ ] No. If yes, please list below:

Agency Name Certification Number Expiration Date

By signing this Proposal Signature Form, the Proposer complies with all of the requirements of the RFP package including but not limited to Communication Policy and City of Tampa Ethics Code.

NOTE: When Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall be accompanied by evidence of authority.

Authorized Signature: ______________________________________ Date: ___________________

EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

(1) Purchasing Department, 2555 E Hanna Ave, Tampa, FL 33610

(2) Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096

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

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

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

PERFORMANCE – All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County.

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

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

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

ADDITIONAL COVERAGES TO BE ADDED/REQUIERED INSURANCE COVERAGES FOR PURCHASING AWARDS/CONTRACTS ON A CASE-BY-CASE BASIS

E. Builder’s Risk Insurance for property loss exposure associated with construction/renovation/additions to buildings or structures, including materials or fixtures to be incorporated. Must be “All Risk” form with limits of no less than the project’s completed value, have no coinsurance penalties, eliminate the “occupancy clause”, cover Firm (together with its contractors, subcontractors of every tier, and suppliers), and name City as a Loss Payee.

F. Installation Floater coverage for property (usually highly valued equipment or materials such as compressors, generators, etc.) during its installation. Coverage must be “All Risk” including installation and transit for no less than 100% of the installed replacement cost value.

G. Architects & Engineers Liability/ Professional Liability (E&O)/ Contractors Professional Liability (CPrL)/ Medical Malpractice Insurance where Agreement involves Florida-regulated professional services (e.g. architect, engineer, design-builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g. construction means & methods, design supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance specifications. Limits of at least $1,000,000; deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City’s acceptance of same.

H. Railroad Protective Liability (RPL) Insurance for construction within 50ft of operated railroad track(s) or where affects any railroad bridge, trestle, tunnel, track(s) roadbed, or over/under pass. Subject to involved rail road’s approval prior to commencement of work.

I. Pollution and/or Asbestos Legal Liability Insurance where Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non-owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead-based paint, 3rd party claims/removal, etc.), with limits of at least $1M per occurrence and $2M aggregate, maintained for at least 3 years after Agreement completion.

J. Cyber Liability Insurance where Agreement involves portals allowing access to obtain, use, or store data; managed dedicated servers; cloud hosting services; software/hardware; programming; and/or other IT services and products are involved. Limits of not less than $2M per occurrence and $2M aggregate. Coverage sufficiently broad to respond to duties and obligations undertaken by Firm, and shall include, but not be limited to, claims involving infringement of intellectual property/copyright, trademark, trade dress, invasion of privacy violations, damage to or destruction of electronic information, information theft, release of confidential and/or private information, alteration of electronic information, extortion, virus transmission, and network security. Coverage, as applicable and with sufficient limits to respond, for breach response costs, regulatory fines and penalties, credit monitoring expenses.

K. Drone/UAV Liability Insurance where Agreements involve unmanned aerial vehicles/drones. Coverage to include products and completed operations, property damage, bodily injury with limits no less than $1M per occurrence, and $2M aggregate; may be provided by CGL endorsement subject to City’s prior written approval.

L. Longshore & Harbor Workers’ Compensation Act/Jones Act for work being conducted near, above, or on “navigable waters” for not less than the above Employer’s Liability Insurance limit.

M. Garage keeper/Hanger keeper/Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance where parking lot, valet, dealership, garage services, towing, etc. and/or operation of a hangar, marina, or airplane/ship repairer, providing safe berth, air/watercraft storage/docking (on land/ in water), fueling, tours, charters, ferries, dredges, tugs, mooring, towing, boat/aircraft equipment/repair/alteration/maintenance, etc.; coverage against liability for damage to vehicles air/watercraft, their machinery in Firm’s care, custody, or control both private & commercial. Limits at least equal to greater of $1M, value of max number of vehicles that may be in Firm’s custody, or of most costly object in Firm’s custody.

N. Property Insurance and Interruption of Business (IOB) Insurance where premises, building, structure, or improved real property is leased, licensed, or otherwise occupied by Firm. Property Insurance against all risks of loss to any occupant/tenant improvements at full replacement cost with no coinsurance penalty, including fire, water, leak damage, and flood, as applicable, vandalism and malicious mischief endorsements. IOB by which minimum monthly rent will be paid to City for up to1 year if premises are destroyed, rendered in accessible or untenantable, including disruption of utilities, water, or telecommunications.

O. Liquor Liability/Host Liquor Liability where Firm directly or indirectly provides alcoholic beverages, limits of at least $1M per occurrence and $1M aggregate.

P. Educators Legal Liability Insurance where day care, after school program, recreational activities, etc. limits per G above.

Q. Fidelity/Dishonesty/Liability Coverage is to be purchased or extended to cover Common Fidelity/Crime insurance claims allege employee dishonesty, embezzlement, forgery, robbery, safe burglary, computer fraud, wire transfer fraud, counterfeiting and other criminal acts of the Other Party’s employees resulting in loss to the City. The liability limits shall not be less than $1,000,000.

Revised 10/5/2022

ATTACHMENTS TO RFP

ATTACHMENT 1 – FORM OF NOTICE OF RFP TO BE PUBLISHED PER SEC. 163.380(3)(a), FLORIDA STATUTES

ATTACHMENT 2 – CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT 3 – PUBLIC RECORD DECLARATION OR CLAIM FOR EXEMPTION

ATTACHMENT 4 - CENTRAL PARK COMMUNITY REDEVELOPMENT MAP

ATTACHMENT 1

PUBLIC NOTICE BY THE CITY OF TAMPA OF

REQUEST FOR PROPOSALS (RFP) FOR

THE POTENTIAL DISPOSITION OF REAL PROPERTY

IN THE CENTRAL PARK COMMUNITY REDEVELOPMENT AREA

LEGAL ADVERTISEMENT

Pursuant to Section 163.380(3)(a), Florida Statutes, the City of Tampa is providing public notice of the City's Request for Proposals ("RFP") from qualified persons or entities for the development of approximately 2,300 square feet more or less of City-owned real property, legally described as a portion of Tract 7, Folio#183341.0096, which is located at the NE corner of Central Avenue and East Harrison Street within Encore (“Subject Site”) in the Central Park Community Redevelopment Area of Tampa, Florida, and for the potential disposition (by Lease) of the Subject Site to the successful proposer.

The City has the following objective in connection with this RFP:

Ground Lease for Playground for Associated Daycare within the Central Park Community Redevelopment Area.

The RFP package, instructions and additional information about this community redevelopment opportunity may be obtained from ________________________________________________.

PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 12:00 PM (EST), ON ___________, 202___, which is a minimum of thirty (30) days after the date of publication of this notice as required by Section 163.380(3)(a), Florida Statutes. Incomplete proposals submitted after this published deadline will not be considered. Submission of proposals by mail, hand delivery or express mail must be in a sealed envelope/box with the RFP number and RFP title identified and the proposer's name and return address indicated and must be addressed as follows:

Purchasing Department City Center 2555 E. Hanna Avenue Tampa, Florida 33610

FURNISH PROOF OF PUBLICATION

ATTACHMENT 2 - CONFLICT OF INTEREST DISCLOSURE FORM

For purposes of determining any possible conflict of interest, all proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business.

*Immediate family means spouse, parents and children of the person involved.

**Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation."

***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations.

Indicate either “yes” (a City employee, elected or appointed official is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business.

YES _____ NO _____

NAME(S) / POSITION(S)

FIRM NAME: ______________________________________________________________

BY (PRINTED NAME): ________________________________________________________________ BY (SIGNATURE): ___________________________________________________________________ TITLE: ____________________________________________________________________________

DATE: __________________________________________

ATTACHMENT 3 - PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION

As a Proposer, any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by any person. In Florida “public records” are defined as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119.011(11), F.S. A document is subject to personal inspection and copying unless it falls under one of the public records exemptions created under Florida law. Please designate what portion of your bid or proposal, if any, qualifies to be exempt from inspection and copying:

Note: Execute either section I. or II., but not both; Proposer/Proposer/Proposer may not modify language.

Information regarding the Florida Public Records Law can be located within the General Conditions, Section 1. General Information, Florida Public Records Law.

I. NO EXEMPTION FROM PUBLIC RECORDS LAW

No part of the proposal submitted is exempt from disclosure under the Florida public records law, Ch. 119, F.S.

Proposer’s Signature ____________________________ Date ________________

II. EXEMPTION FROM PUBLIC RECORDS LAW AND AGREEMENT TO…