Automotive_Paint_and_Body_Repairs_TPD_&_Fleet_Edits_7-29-25.docx

Purchasing Department Gregory K. Spearman, NIGP-CPP, CPPO, Director 306 E. Jackson Street, 2E Tampa, Florida 33602

INVITATION TO BID

Office (813) 274-8351 Fax: (813) 274-8355

Sealed Bids for the furnishing of: BID NO. 11101023, AUTOMOTIVE PAINT AND BODY REPAIRS (RE-BID) will be received by the Director of Purchasing, City of Tampa, until OCTOBER 10, 2023, AT 2:00 PM, then be opened.

Optional pre-bid meeting to be held at the Fleet Maintenance Division Training Room, 2585 E. Hanna Ave., Tampa, FL 33610 on at .ter

It is hereby made a part of this Invitation for Bid that the submission of any Bid in response to this advertised request shall constitute a Bid made under the same conditions for the same contract price and for the same effective period as this Bid to all public entities in Hillsborough County. (Attachment A, is enclosed with this package).

Attached are important instructions and specifications regarding responses to this invitation. Failure to follow these instructions may result in your bid being disqualified.

Questions regarding Vendor Registration, accessing bid documents or submission assistance within the GetAllOpenGov system shall be emailed to support@getallOpenGov.com. Reference Bid # and name in email subject line. Questions pertaining to the Bid document/specifications will be accepted up to five business days prior to the scheduled opening date and time and shall be submitted within the GetAllOpenGov 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 Bidder. 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.

Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and posted to GETALLOPENGOV. All bids received after the due date and time shall be rejected. Offers by mail, hand delivery or express mail, email, telephone or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the GETALLOPENGOV system. No file shall have a special character. No bid may be withdrawn or modified after the time fixed for the opening of bids.

Electronic submittals shall be uploaded in the GetAllOpenGov system via link https://erfp.integratise.com/getallOpenGov/registration_initial_tmp.asp?c=&p=111010123&d=10/10/2023. To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Bidder submit their documents with adequate time allowed prior to the deadline. Bidder shall receive an email confirmation of their bid submittal after clicking on the Confirm Bid button in the GetAllOpenGov system. Bidder will only receive the confirmation email after submitting both pricing on the pricing page(s) and uploading all the required submittals. If Bidder doesn’t receive an email, the Bidder should contact GetAllOpenGov support at support@getallOpenGov.com to confirm their submittal was successful. The Bidder shall be responsible for confirming that their submittal is received by the deadline. Any submittal received after the closing date and time deadline will not be considered.

STATEMENT OF NO BID

WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US

The Purchasing Department’s mission is to provide the best specifications in our Invitation to Bid packages to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City’s Bid.

INSTRUCTIONS TO BIDDER

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

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

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

Bid tabulations (results) will be posted in the GetAllOpenGov system and made available to bidders after the scheduled public opening of the sealed bids.

The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. Bid prices shall always be submitted electronically via GETALLOPENGOV.

The Bidder 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.

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

GENERAL CONDITIONS FOR AUTOMOTIVE PAINT AND BODY REPAIRS

1. SCOPE AND CLASSIFICATION

1.1 SCOPE. The City is seeking multiple Awardees for Automotive Paint and Body Repairs. This specification describes Automotive Paint and Body Repairs for the use of the City of Tampa Police Department and the City of Tampa Logistics & Asset Management Fleet Maintenance Division.

1.2

1.3 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below.

1.3 AWARDEE(S) FACILITY INSPECTIONS. Prior to award, the City reserves the right to inspect all proposer facilities to ensure compliance with the below specifications in this bid. (This may be better placed elsewhere, this is just a place holder)

2. QUALITY ASSURANCE PROVISIONS

2.1. TEST AND INSPECTION. It shall be the Awardee(s)' responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The City of Tampa Representative reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification.

2.2. QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to ensure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the Director of Purchasing.

3. AWARDEE(S) LIABILITY

3.1 WARRANTY. The material(s)/service(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period of 12 months or 12,000 miles, whichever comes first from the date of acceptance by the City. Any parts or portions found not in accordance with this specification will be rejected by the City and returned to the Awardee(s) at the Awardee(s)' expense for immediate replacement and or repair.

3.2 NEXT LOW BIDDER. In the event of default by the Awardee(s), the City of Tampa reserves the right to utilize the next lowest Bidder as the new Awardee(s). In the event of this occurrence, the next lowest Bidder, if it wishes the award, shall be required to provide the bid items at the prices as contained on its bid pricing thru OPENGOV for this specification.

4. CONDITIONS

4.1. AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa “Open” Purchase Order. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. As relating to the Government Purchasing Council of Hillsborough County, any member may place orders as dictated by its individual entity’s preference.

4.2. QUALITY. The materials to be furnished shall be currently in production and shall be of the manufacturer’s standard or better quality.

4.3. QUANTITIES. The City shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification.

4.4. ALTERNATE BIDS. Bidder shall, as to each item, submit only one bid for the specified product/service. The offer of an alternate product/service for any item shall, for the purpose of evaluation of bids, be construed as a refusal to bid on the product/service specified.

The determination as to whether any alternate product/service bid is or is not equal to the product/service specified as a standard shall be made by the City, and such determination shall be final and binding upon all Bidders.

4.5. PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty.

4.6. ADDITION/DELETION. The City of Tampa reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Tampa.

4.7. BID PRICES. Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee(s) to amend said bid prices shall constitute default as outlined in this specification.

Prices quoted shall include all shipping costs, shipped F.O.B. Tampa, Florida or to the facility location specified by the requestor or the purchase order.

All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee(s) and shall be deemed to have been included in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee(s) upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee(s) and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use, transportation, and excise taxes.

Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee(s) is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Awardee(s) shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Awardee(s), the City, and any indemnified party. This provision shall survive the termination of this award and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law.

4.8. BID EVALUATION. The evaluation of bids and the determination as to equality of material(s)/service(s) offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder.

4.9. ERROR IN BID CALCULATION. In the event there shall be a discrepancy between the stated total bid and the corrected sum of the correct multiplication of the stated unit price and the quantity specified, the corrected sum shall be considered the bid price. Unit price prevails.

4.10 BASIS OF AWARD. To be considered a responsive, responsible Bidder by aggregate, the Bidder shall have to bid on all line items within OpenGov for the Automotive Paint and Body Repairs (Re-bid) sample jobs. Exhibit 2 is for informational purposes only. Attachments D & E will not be apart of the determination for the lowesta responsive, responsible Bidder.

Award Criteria/Responsibility. To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder from a current financial report and the Bidder's credit rating; whether the Bidder has ever been declared in default of an award; the Bidder's insurability, eligibility for bonding; and any/all pertinent information deemed necessary to determine said responsibility.

Prior to award resulting from this solicitation, the successful bidder shall be registered to transact business in the State of Florida and shall furnish the City with proof of registration within ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the bid.

Any Bidder who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation.

An award will be made, if at all, within 120 days after opening of the bids.

4.11 COMMUNICATION POLICY. During any solicitation period including any protest and/or appeal, no contact with City officials or employees, other than with the analyst, the Director of Purchasing or the Legal Department, is permitted from any proposer/bidder. 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.

4.12 AWARD PERIOD AND RENEWAL. The award period shall be for a three-year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for two additional one-year period.

4.12.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City’s intent to renew shall be provided by the City in writing to the Awardee(s) prior to the expiration of the contract, or the renewal period if the contract has been previously renewed.

4.13. NON-APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awardee(s) in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated.

4.14. PRICE ESCALATION/DE-ESCALATION. The City of Tampa will allow a price escalation/de-escalation provision within this award.

The original bid prices shall be firm for a 1-year minimum period. A price escalation/de-escalation will be allowed 1 year after the beginning of the award period and at 1-year intervals, thereafter, provided the Awardee(s) notifies the City of Tampa, in writing, of the pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de-escalation. The price escalation percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein.

If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee(s) has not passed the decrease on to the City of Tampa, the City reserves the right to place the Awardee(s) in default, cancel the award, and remove the Awardee(s) from the City of Tampa Bidders List for a period of time deemed suitable by the City. In the event of this occurrence, the City of Tampa further reserves the right to utilize any and/or all options as stated herein.

Notwithstanding the aforementioned, for increases in pricing that exceed the limits as set forth above, through no fault of the Awardee(s), will be handled by the City on a case-by-case basis. Awardee(s) shall provide documentation as requested by the City to justify the increases in price. The City, in its sole discretion, will determine whether or not to accept the requested increases in prices.

4.15. PERFORMANCE. Awardee(s) may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously and can provide necessary services.

4.16. INSPECTION. The City of Tampa reserves the right to inspect the Bidder's place of business and equipment prior to awarding any solicitation to determine the responsibility of said Bidder to perform or provide the requirements of the bid request.

4.17. AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing, and where applicable, approved by resolution of the City Council of the City of Tampa.

4.18. ASSIGNMENT. To the extent permitted by applicable law, this award, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this award. Any attempted assignment of this award by a party without the advance written approval of the other party shall be invalid and unenforceable against the other party. Any approved assignment of this award by the Awardee(s) will not relieve the Awardee(s) from the performance of its duties, covenants, agreements, obligations, and undertakings under this award, unless the assignment expressly provides otherwise. No assignment by the Awardee(s) shall be effective unless the assignee confirms in writing to the City that the assignee accepts and shall comply with all of the duties, responsibilities, and obligations of the Awardee(s). Notwithstanding the foregoing, the City may assign its rights under this award (without the Awardee(s)'s consent or approval) to a governmental successor of the City. An assignment by the City of its rights under this award to a governmental successor of the City will relieve the City from the performance of its duties, covenants, agreements, and obligations under this award after the effective date of the assignment. However, the City shall continue to be liable for the obligations it incurred under this award prior to the effective date of the assignment. Action by the City in awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the ITB, without exception shall constitute approval for purposes of this award.

4.19. DEFAULT/RE-AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee(s) upon non-performance or violation of award terms, including the failure of the Awardee(s) to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event an award is cancelled because of the default of the Awardee(s), the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next lowest bidder and establish the period of such award, provided such period is no longer than the award period set forth in this specification.

4.20. CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards resulting from this specification may be cancelled by the following means:

4.20.1. 10-day written notice with cause; or

4.20.2. 30-day written notice without cause.

4.21. REJECTION. The City of Tampa reserves the right to cancel, reject any and/or all bids, or to waive any irregularities and accept that bid which is the lowest and best.

4.22. GOVERNMENT PURCHASING COUNCIL. Hillsborough County Government Purchasing Council (“GPC”) members (ATTACHMENT A), may, at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document.

Any Hillsborough County GPC member which avails itself of this award will establish its own contract, place its own orders, issue its own purchase orders, and issue its own exemption certificates as required by the Bidder. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder as a result of this Bid.

4.23. USE OF CONTRACT BY OTHER GOVERNMENTAL AGENCIES. Unless otherwise stipulated by the Bidder in its bid response, the Bidder agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the award resulting from this Solicitation Document.

Any other governmental agency, department, or municipality which avails itself of this award will establish its own contract, place its own orders, issue its own purchase orders, and issue its own exemption certificates as required by the Bidder. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder as a result of this Bid.

4.24. USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa.

4.25. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). 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 an award to provide any goods or services to a public entity, may not submit a bid on an award/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. [See section 287.133 (2)(a), Florida Statutes]

4.26. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection and copying. Using ATTACHMENT B – PUBLIC RECORDS DECLARATION OR CLAIM OF EXEMPTION, Bidder is required to acknowledge whether or not they are asserting that certain information in its bid is confidential and/or proprietary and/or exempt from public disclosure. If the Bidder is asserting that certain information in its bid submittal is confidential and/or proprietary and/or exempt from public disclosure, then the Bidder is required to do the following: (1) identify, with specificity, the information which the Bidder asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information in a separate file labeled “REDACTED, EXEMPT FROM PUBLIC DISCLOSURE” this uploaded document must be separate from the Bidder's other bid documents, (3) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed within the redacted file. The “REDACTED” file that contains the Bidder's confidential/proprietary/exempt information must be submitted with the Bidder's other bid documents. Bidder is advised that failure to follow the aforementioned instructions may result in Bidder's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Bidder’s “REDACTED” copy. All submittals received in response to this solicitation will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the bid will become the exclusive property of the City.* All uploaded documents may not have special characters in the file name, #,*,@, etc….

Be aware that the designation of an item as exempt from public disclosure by a Bidder may be challenged in court by any person or entity. By designation of material in your Bid submittal as exempt from public disclosure, Bidder agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Bidder’s designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure.

*Note: The City will not accept Bid submittals when the entire submittal is labeled as exempt from public disclosure. Bidder’s References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Bid submittal as “non- responsive”.

4.26.1. In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

4.26.2. In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies.

4.26.3. The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Awardee(s) agrees to comply with Florida’s Public Records Law, including the following:

1. Awardee(s) shall keep and maintain public records required by the City to perform the services;

2. Upon request from the City, Awardee(s) shall provide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

3. Ensure that public records, in part or in total that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or early termination) of the contract if the Contractor does not transfer the records to the City;

4. Upon completion (or earlier termination) of the award, Awardee(s) shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Awardee(s) or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Awardee(s) transfers all public records to the City upon completion (or earlier termination) of the award, Awardee(s) shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Awardee(s) keeps and maintains public records upon completion (or earlier termination) of the award, Awardee(s) shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.

5. The failure of Awardee(s) to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Awardee(s) until records are received as provided herein.

6. IF THE AWARDEE(S) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE AWARDEE(S)’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813/274-8351, COTPurchasingPRR@tampagov.net, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FL 33602.

4.27. PROCUREMENT PROTEST PROCEDURES. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City’s intent to award and may be filed by an actual bidder, who is allegedly aggrieved in connection with the issuance of a bid solicitation or pending award of any award in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed.

All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission.

4.28. LAWS, CODES AND ORDINANCES. Awardee(s) shall comply with all Federal, State, County and City laws, rules, and regulations as applicable to this bid.

4.29. AUDIT RIGHTS. Awardee(s) agrees that the City representative shall have access to, and the right to audit, examine, or reproduce, the financial books and records of Awardee(s) related to Awardee(s)’s performance under the award. Awardee(s) shall retain all such records for a minimum period of six (6) years from the date of termination of the award, including any renewal or extension hereof, or for such longer period of time as required by federal or state law, and shall be extended until the completion of any audit in progress. Awardee(s) must keep all financial records in a manner consistent with generally accepted accounting principles. Awardee(s) must provide access during normal business hours to the requested records no later than ten (10) calendar days after the written request by the City or its authorized representative. If any audit reveals any material deviation from the award requirements, any misrepresentations or any overcharges to the City, the City will be entitled to recover damages, as well as the cost of the audit. Any adjustments or payments which must be made as a result of any such audit or inspection of the Awardee(s)’s invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the City’s audit findings to the Awardee(s). Awardee(s) shall include this right to audit section in any subcontractor agreements entered into in connection with this award.

4.30. CITY OF TAMPA ETHICS CODE. Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522).

Moreover, each Bidder responding to this Invitation to Bid acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any award or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such award or obligation. Awardee(s) shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d)).

Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa’s municipal codes published online by the Municipal Code Corporation at the website link https://www.municode.com/library/fl/tampa/codes/code_of_ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page.

4.31. SCRUTINIZED COMPANIES. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are (1) on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria.

A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not bid on or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount.

A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more.

Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met.

If the City determines the Bidder submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the Awardee(s) has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the award/contract after it has given the Awardee(s) notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes.

4.32. AWARD LITIGATION/LEGAL PROCEEDINGS. Bidder shall identify any conditions (i.e., bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Bidder’s ability to perform the services set forth in this Bid. Bidder shall provide in detail information on the nature and magnitude of any litigation or proceeding whereby, currently or during the past five (5) years, a court or any administrative agency has ruled against the company in any matter related to the professional activities of the company. This shall include any class actions wherein your company was named, industry investigations by Attorneys General, in addition to individual cases.

Bidder shall identify any pending lawsuits, past litigation relevant to subject matter of this Bid or litigation involving any unauthorized release of client confidential information, providing a statement of any litigation, or pending lawsuits that have been filed against the Bidder’s company currently or within the last five (5) years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect.

Bidder shall provide information concerning any current or past bankruptcy proceedings currently or within the last five (5) years for any voluntary or involuntary declarations of bankruptcy concerning the company, partner or subsidiary, subcontractors, or any corporate officer with details of such proceedings.

Bidder must also provide information as to whether the Bidder or an affiliate of the Bidder is currently or has in the last five (5) years ever pledged any interest in all or any portion of any current or future payment as collateral, including for example as part of an accounts receivable factoring program. If yes, please provide information identifying the type of arrangement, date of the arrangement, and name of the party to whom the interest was pledged.

4.33. MINIMUM WAGE AMENDMENT. Awardee(s) shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida.

The rate of wages for all persons employed by the Awardee(s) on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188).

4.34. AWARDEE(S) BACKGROUND CHECKS. When assigning employees to work on City property, the Awardee(s) shall check the backgrounds of each employee and notify the City’ s Employment Services Manager prior to assignment if candidates fall into one or more of the following categories:

· Unable to pass 8 Panel Drug Screen

· Has a felony or misdemeanor conviction involving violence, weapons, or crimes against a public official

· Is a former City of Tampa employee”

4.35. DATA COLLECTION. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from bidders are used for identification, verification, and tax reporting purposes.

4.36. INVOICING. Awardee(s) shall furnish the City Representative complete itemized invoices for the work /services performed showing labor hours and materials. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid document and prices quoted on OPENGOV. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information:

· Invoice number;

· Company Name;

· Purchase order number;

· Location and dates of service;

· Cost of goods/services as stated in OpenGov and extended price to reflect total cost.

· City vehicle number;

· City work order number;

· Labor time and charges;

· Itemized parts and materials usage At the time of submission of its invoices, the Awardee(s) shall submit to the CITY a report on Form MBD-30, “DMI-Payments” of all sub-contractor contract amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Awardee(s) uses any WMBE and/or SLBE sub-contractors, the Awardee(s) shall provide form MBD-40 “Letter of Intent” (LOI) for all WMBE and/or SLBE sub-contractors the Awardee(s) intends to utilize.

· Form MBD-30 DMI Sub-(Contractors/Consultant/Suppliers) Payments

· Form MBD-40 Letter of Intent (LOI)

4.37. SUB-CONTRACTING SUBMITTALS. No Awardee(s) shall assign the award or any rights or obligations thereunder without the prior written consent of the City. The Awardee(s) shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Awardee(s) agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms:

· Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10

· Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 These forms must be completed (including signatures) and submitted with all bids. Submittals that do not contain these completed forms shall be deemed “non-responsive”. Instructions on completing the forms are included after each form in this bid package.

Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative.

Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer.

4.38. CONFLICT OF INTEREST. The City requires that the Bidder provide professional, objective, and impartial advice and at all times hold the City’s interest(s) paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Bidder has an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Bidder shall not be considered for award. Failure to disclose said situations may lead to the disqualification of the Bidder or the termination of its award.

Any such interests on the part of the Bidder or their employees, must be disclosed in writing to the City on ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM that is included with this solicitation document. Also, the Bidder is aware of the conflict-of-interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said laws.

4.39. GOVERNING LAW/VENUE. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this solicitation, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida.

4.40. PAYMENT. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. seq., the Local Prompt Payment Act. Bidders that accept Visa/MasterCard payments can be enrolled in the City’s ePayments program for faster payment turnaround, by contacting the City’s Accounts Payable Department at acctspayable@tampagov.net.

4.41. TAMPA PORT ACCESS. All personnel assigned to provide this service or required to deliver goods to the Port of Tampa, if applicable in this award, shall obtain a Port Pass. To obtain this port pass will require each employee to have a valid photo ID. It is the responsibility of the Awardee(s) to obtain Port Passes before work begins or prior to delivery.

Each employee shall display the identification card on outer apparel at all times when on the AWT Plant site or WWC site. Any person found on the site without the required identification card will be directed to leave the site immediately. The time and cost associated with acquiring this ID shall be the Awardee(s)’s responsibility.

Documentation, pricing, and other information related to the access requirements for the Port of Tampa can be found at: https://www.porttb.com/security.

4.42. EMPLOYEE VERIFICATION. In accordance with Section 448.095, Florida Statutes, the Awardee(s) agrees to register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the award for the services specified in the award. Awardee(s) must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the award term. If the Awardee(s) enters into a contract with a subcontractor, the subcontractor must provide the Awardee(s) with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Awardee(s) shall maintain a copy of such affidavit for the duration of the award. If the City has a good faith belief that the Awardee(s) has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the award with the Awardee(s), and the Awardee(s) may not be awarded a solicitation with the City for at least 1 year after the date on which the award was terminated. The Awardee(s) is liable for any additional costs incurred by the City as a result of the termination of the award. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Awardee(s) has otherwise complied with the law, the City shall promptly notify the Awardee(s) and order the Awardee(s) to immediately terminate the contract with the subcontractor.

4.43. BIDDER’S CRIMINAL HISTORY SCREENING PRACTICES. Per City of Tampa Code of Ordinances, Section 2-284, Bidder is requested to provide information as to whether Bidder has criminal history screenings similar in…