Disposition_of_Real_Property_Located_at_4208_W._Bay_View_Avenue_(Folio:129498.0000).pdf

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City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Disposition of Real Property Located at 4208 W. Bay View Avenue (Folio:129498.0000)

26-P-00194

Real Estate

Arian Cora, Procurement Analyst

2555 E. Hanna Ave

Tampa, FL 33610

Phone: (813) 274-5743

Table Of Contents

1. GENERAL INSTRUCTIONS

2. SCOPE OF SERVICES

3. GENERAL CONDITIONS

4. CONTENT OF PROPOSALS

5. EVALUATION

6. PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS

7. ATTACHMENTS & EXHIBITS

Attachments:

A - Public Notice Legal Ad

B - ADA Requirements

C - 4208 W Bay View Ave 2026 Survey

D - 4208 W Bay View Ave Owners Title Policy

1. GENERAL INSTRUCTIONS

1.1. REQUEST FOR PROPOSALS

Sealed proposals for Disposition of Real Property Located at 4208 W. Bay View Avenue (Folio:129498.0000), RFP # 26-P-00194 will be received by the Director of Purchasing, City of Tampa, until Monday, July 20, 2026; 3:00 pm: then to be opened.

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 Proposer’s disqualification.

Questions regarding Vendor Registration, accessing RFP documents or submission assistance within the OpenGov eProcurement Portal shall be directed to procurement-support@opengov.com. Reference RFP # and name in email subject line. Questions pertaining to the

RFP document/specifications will be accepted up to ten business days prior to the scheduled opening date and time and shall be submitted within the OpenGov Portal. 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 Arian Cora (arian.cora@tampagov.net) 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 the

OpenGov portal. All proposals received after the due date and time shall be rejected. Offers 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 OpenGov eProcurement Portal. 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 OpenGov Portal via link https://procurement.opengov.com/portal/cityoftampa. 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 "Submit" button in the portal. The Proposer shall be responsible for confirming that their submittal is received by the deadline. Any submittal received after the closing date and time will not be considered.

1.2. PRE-PROPOSAL CONFERENCE

A PRE-PROPOSAL CONFERENCE will be held at 12:00 pm,Tuesday, June 30, 2026, at Tampa Municipal Office Building

(TMOB) Purchasing Conference Room, 3rd Floor. 306 E Jackson Street, Tampa, FL 33602 to discuss the above referenced subject.

BRING A COPY OF THIS RFP TO THE MEETING.

City of Tampa buildings are controlled access buildings, and all visitors are required to obtain a Visitor's Pass prior to entering.

1.3. INSTRUCTIONS

City of Tampa solicitations are issued electronically via the OpenGov eProcurement Portal. Obtaining solicitations through the portal will ensure that 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 OpenGov are cautioned that the solicitation packages may be incomplete.

The City will not accept incomplete proposals. Contact OpenGov at procurement-support@opengov.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 OpenGov eProcurement Portal. OpenGov 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. OpenGov is an independent entity and is not mailto:TampaADA@tampagov.net https://tampagov.net/ADARequest mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa https://procurement.opengov.com/portal/cityoftampa mailto:procurement-support@opengov.com an agent or representative of the City. Communications to OpenGov does not constitute communications to the City. Contact OpenGov at procurement-support@opengov.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 OpenGov eProcurement Portal. 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 OpenGov

(those who are on the Plan Holders List). Addenda will be posted and disseminated by OpenGov 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 offer or it shall be deemed waived.

Tabulations (results) will be posted in the OpenGov eProcurement Portal 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.

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.

2. SCOPE OF SERVICES

2.1. PROPERTY DESCRIPTION

The City property located at 4208 W. Bay View Avenue, Tampa, Florida 33611 (Folio: 129498-0000) is vacant land. The property had a single-family dwelling but was demolished. The property consists of approximately 7,405 square feet of land more or less. The City is offering the property for sale with an opening bid of $350,000. The property is located in South Tampa, close to Adum K-8 Magnet School, Madison Middle School and the Jan Kaminis Platt Regional Library.

A map depicting the location of the subject Property is depicted in Figure 1, below, and the legal description of the subject Property is included in Figure 2.

Figure 1 - Outlines of the “Property” subject to this RFP.

4208 W. Bay View Avenue Norma Park Subdivision Lot 13 Block 9

Figure 2 - Legal Description of the “Property” subject to this RFP.

2.2. BACKGROUND

The purpose of this RFP is the disposition of real property located at 4208 W. Bay View Avenue, Tampa, Florida 33611 (Folio: 129498-

0000), including any improvements thereon. The City is looking to obtain proposals from qualified buyers who will utilize the property for single-family residential purposes. The property is vacant land. The property and any improvements are sold “AS IS/WHERE IS

WITH ALL FAULTS".

2.3. FUTURE LAND USE, ZONING & OTHER INFORMATION REGARDING THE PROPERTY

The City provides the following information as a courtesy to potential proposers. The City makes no representation or warranty of any kind, whether the following information is accurate or correct. Further, the City disclaims any representation or warranty of any kind regarding title to, the potential uses or physical and environmental condition of the Property, and its suitability for any purpose whatsoever, including the proposed Project. All proposers must rely solely on their own investigation(s) and due diligence in responding to this RFP and in purchasing the Property from the City. The Property will be conveyed “AS IS/WHERE IS WITH ALL FAULTS” by the

City with NO REPRESENTATION, WARRANTY, OR RECOURSE OF ANY KIND WHATSOEVER.

2.4. FUTURE LAND USE

The Property has a future land use category of Residential 10 under the City’s Comprehensive Plan. See the link to the City’s

Comprehensive Plan for more information.

2.5. ZONING

The Property is currently zoned RS-60. See the link to Chapter 27 of the City’s Code of Ordinances for more information.

2.6. OTHER INFORMATION

Any other specific information in the City’s possession related to the Property is also contained in Attachment C (Survey) and

Attachment D (Owners Title Policy) to this RFP.

*A Contract for Sale and Purchase Agreement will be required to be executed between the City and the successful Proposer. This agreement is subject to approval by City Council and will address, among other things, the purchase price and any conditions to closing on the transfer of title to the Property from the City to the successful Proposer.

2.7. REQUIRED ELEMENTS OF THE PROPOSAL

The proposal or response provided by a Proposer to this RFP must specifically address each of the following elements, questions, or issues:

1. Cover Letter Identifying Proposer & Providing Relevant Information:

Introductory Cover Letter: Please provide an introductory cover letter signed by the Proposer that contains the following information:

A. The name, mailing address, email address, and telephone number of the Proposer, and identification of the Proposer’s primary contact person in connection with the RFP.

B. Proposer’s Federal Taxpayer Identification Number and whether the entity has achieved tax-exempt status under the IRS rules and regulations.

C. Type of organization of the Proposer, if the Proposer is not a natural person (Sole Proprietorship, General Partnership, Limited Partnership, Corporation, Subchapter S Corporation, Limited Liability Company, Joint Venture, Trust, etc.), Date of

Organization, and whether non-profit.

D. Please state whether any of your officers or employees have ever been convicted of a felony or are now under charges for any offense. If so, please provide any relevant details.

E. Please state whether the Proposer or any of its affiliates have ever filed for bankruptcy, or have any outstanding judgments, liens, or pending lawsuits. If so, please provide any relevant details.

2. Provide Information on the Cost and Financing of the Property:

1. Consideration of the City’s Conveyance of the Property: Please detail what you are willing to pay the City, which shall not be less than $350,000 for the conveyance of the Property. Also, detail other considerations you are willing to pay, such as closing costs.

2. Financial Capacity of Proposer: Describe the financial capacity in place for the Proposer to undertake the purchase contemplated in this RFP, including any supporting documentation.

3. Financing Plan for the Property: The Proposer must address the following items in connection with the financing of the

Property:

A. Does the Proposer have sufficient funds available to purchase the Property? If so, how much? If additional funds are required, please provide an estimate of how much.

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B. Does the Proposer intend to finance all or a portion of the cost of purchasing the Property? If so, please provide information regarding any proposed financing.

3. Specify Any Pre-Closing or Special Closing Conditions:

A. Pre-Closing Conditions: Please specify and identify any pre-closing conditions and/or timeframe requested by the

Proposer before the Proposer is willing to execute, close on title to, or make effective the contract for sale and purchase for the Property between the City and the Proposer.

B. Special Agreement Terms: Please specify any special or unusual contract terms and conditions requested by the Proposer in connection with this Proposal or the Property.

3. GENERAL CONDITIONS

3.1. PROPOSAL DUE DATE

Sealed proposals will be received no later than the date and time indicated on page one of this document. Proposals will not be accepted after this time. All proposals shall be submitted through the OpenGov eProcurement Portal (electronically). File name should not have special characters. Proposer must wait for confirmation of successful upload.

City of Tampa Requests for Proposals are issued electronically via the OpenGov Portal. Obtaining proposals through OpenGov will ensure that proposer will have the following capabilities: receipt of proposal documents electronically, track the status of award activity, receive addenda, receive the results of awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than OpenGov are cautioned that the proposal packages may be incomplete. The City will not accept incomplete proposals. Contact OpenGov at procurement-support@opengov.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 OpenGov eProcurement Portal. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication and proposal submittals between the City and its vendors. OpenGov is an independent entity and is not an agent or representative of the City. Communications to OpenGov does not constitute communications to the City. Contact OpenGov at procurement-support@opengov.com for more information.

3.2. ADDENDUM AND AMENDMENT TO RFP

If it becomes necessary to revise or amend any part of this RFP, OpenGov will provide notification of the Addendum to all prospective

Proposers who received an original RFP notification, making them a plan-holder. Addenda will be posted and disseminated by OpenGov at least five days prior to the RFP opening date.

It will be the responsibility of the Proposer to review OpenGov prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to click Confirm Receipt in the OpenGov system for each addenda issued.

3.3. ERRORS AND OMISSIONS

Proposers discovering any ambiguity, conflict, discrepancy, omission, or other errors in this RFP, shall immediately notify the City of such error via email within the OpenGov eProcurement Portal and request modification or clarification of the RFP. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who queried the solicitation in the

OpenGov Portal. Addenda will be posted and disseminated by OpenGov at least five days prior to the RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFP prior to submitting the proposal or it shall be deemed waived.

3.4. 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 Proposers should be aware that the Proposal and the responses thereto are in the public domain and are available for public inspection and copying. Proposer is required to acknowledge whether or not they are asserting that certain information in its proposal is confidential and/or proprietary and/or exempt from public disclosure. If the Proposer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the

Proposer is required to do the following:

1. Identify, with specificity, the information which the Proposer 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 Proposer's other Proposal 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 Proposer's confidential/proprietary/exempt information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in Proposer's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Proposer’s “REDACTED” copy. All submittals received in response to this Proposal 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 contract will become the exclusive property of the City.*

Be aware that the designation of an item as exempt from public disclosure by a Proposer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disclosure, Proposer 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 Proposer’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 Proposal submittals when the entire submittal is labeled as exempt from public disclosure and the proposal will be deemed non-responsive. Proposer’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

Proposal submittal as “non-responsive”.

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.

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.

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

A. Successful Proposer shall keep and maintain public records required by the City to perform the services;

B. Upon request from the City, Successful Proposer 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;

C. 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;

D. Upon completion (or earlier termination) of the award, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Proposer transfers all public records to the City upon completion (or earlier termination) of the award, Successful Proposer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Proposer keeps and maintains public records upon completion (or earlier termination) of the award, Successful Proposer 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.

E. The failure of Successful Proposer 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 Successful Proposer until records are received as provided herein.

F. IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE

SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT 813/274-8351, AND MAILING ADDRESS OF PURCHASING

DEPARTMENT, HANNA CITY CENTER BUILDING, 2ND FLOOR, 2555 E.

HANNA AVE, TAMPA, FL 33610.

Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under PROPOSER’S

QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTSCONDITIONS.

3.5. CITY OF TAMPA ETHICS CODE

The Proposer 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 Proposer responding to this Request for Proposal 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 contract or obligation entered into with the

City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Proposal. (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.

3.6. 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 Proposer, who is allegedly aggrieved in connection with the issuance of a proposal solicitation or pending award of any contract 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.

3.7. INCURRED EXPENSES

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The City is not responsible for any expenses which Proposers may incur in the preparation and submittal of proposals requested by this

RFP, including but not limited to, costs associated with travel, accommodations, interviews, or presentations of proposals.

3.8. PROPOSAL BINDINGS

All proposals submitted shall be binding for 180 calendar days following the opening.

3.9. EQUAL OPPORTUNITY

The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs), will be afforded a full opportunity to participate in any Contract made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status.

3.10. 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 Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state courts located in Hillsborough County, Florida.

3.11. COMPLIANCE WITH LAWS

The Successful Proposer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida, Hillsborough County, and the City of Tampa. It shall be the responsibility of the Successful Proposer to be knowledgeable of all federal, state, county and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein which may apply.

Failure to comply with all applicable laws, ordinances and codes may lead to termination of the contract.

3.12. FORCE MAJEURE

If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this contract (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations herein. “Force Majeure Event” means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this contract, on condition that the Nonperforming Party uses reasonable efforts to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the

Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the

Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the

Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this contract. The other party has the right to terminate the contract if the Non-Performing Party’s Force Majeure Event continues for more than a reasonable time.

3.13. SURVIVAL

Provisions in regard to licensing, indemnification, governing law venue and confidentiality shall survive termination of contract.

3.14. AUDIT RIGHTS

Successful Proposer agrees that the City or its authorized representative shall have access to, and the right to audit, examine, or reproduce, the financial books and records of Successful Proposer related to Successful Proposer’s performance under the contract.

Successful Proposer shall retain all such records for a minimum period of six (6) years from the date of termination of the contract, 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. Successful Proposer must keep all financial records in a manner consistent with generally accepted accounting principles. Successful Proposer 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 contract 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 Successful Proposer’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 Successful Proposer. Successful Proposer shall include this right to audit section in any subcontractor agreements entered into in connection with this contract.

3.15. DATA COLLECTION

1. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Successful Proposers are used for identification, verification, and tax reporting purposes.

3.16. INDEMNIFICATION

The Contractor/Successful Proposer/Firm (collectively the “Firm”) releases and agrees to defend, indemnify and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, losses, claims, suits, actions, causes of action, either at law or in equity, damages, charges, judgments, or expenses (including attorney’s fees and court costs, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the Firm, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the Award/Contract/Agreement (collectively the “Agreement”) into which the Firm and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Firm’s duty to defend is separate and apart from Firm’s duty to indemnify and hold harmless and exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Firm by a party entitled to a defense hereunder. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by the provisions of Section 725.06, Florida Statutes or any other applicable law, then this section shall be so limited to said section 725.06 and with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of

1. The monetary value of this contract,

2. The coverage amount of Commercial general liability insurance required under the contract, or

3. $1 Million Dollars.

Otherwise, the obligations under this section will not be limited by the amount of any insurance required to be obtained or maintained under this contract. Firm’s duties to defend and indemnify pursuant to this section shall survive the early termination or expiration of the contract 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. Nothing in this section or in the contract shall be construed as a waiver of any immunity from or limitation of liability the City, its officers, agents, and employees may have under the doctrine of sovereign immunity under common law or statute.

3.17. RESPONSIBLE VENDOR DETERMINATIONS

The City of Tampa will not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible vendor and will not give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

3.18. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS

1. To ensure fair consideration for all Proposers, the City prohibits prospective Proposers' communication with any department or employee during the submission process. Questions relative to the interpretation of the Scope of Services or the proposal process shall be addressed to the City during the pre-proposal conference, or questions can be submitted via the OpenGov eProcurement Portal up to ten days prior to the RFP opening date and time.

2. 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.

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.

3.19. EVALUATION OF PROPOSALS

1. The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as directed by the City. However, it is anticipated that the review/evaluation process will be completed in a timely manner.

A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this

RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The contract will be awarded to the most qualified Successful Proposer per the evaluation criteria listed in the Section Titled EVALUATION.

2. Proposals will be evaluated and rated based on the criteria stated in this RFP, including but not limited to the following:

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A. Responsiveness of the Proposal to the scope of work.

B. Ability, capacity, and skill of the Proposer to perform the scope of work.

C. Experience of the business and individual members of the business in accomplishing similar services.

D. Responses of the client references.

E. Such other information that may be required or secured.

3. SHORT- LISTING

The Evaluation Committee at its sole discretion may create a short-list of the highest scored proposals based on the preliminary evaluation against the evaluation criteria. Only those short-listed Proposers would be invited to participate in interviews and/or presentations, demonstrations, or product testing. Upon conclusion of any interviews and/or presentations, demonstrations or product testing, the Evaluation Committee will finalize the scoring against the evaluation criteria.

4. INTERVIEWS/DEMONSTRATIONS

If requested, Proposers may be required to participate in on-site interviews and conduct demonstrations to the City’s

Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the Proposer’s proposed solution. Additionally, the Proposer’s key personnel may be required to be in attendance during this process.

Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. The interviews and demonstrations will be scored by the

Evaluation Committee.

Notwithstanding the possibility of a request for an on-site interview and demonstrations, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs incurred for the interviews and the oral demonstrations are the responsibility of the Proposer.

5. The City reserves the following rights to:

A. Conduct pre-award discussion and/or pre-award negotiations with any or all responsive and responsible Proposers who submit proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers as it deems appropriate, including, but not limited to, a background investigation conducted by the Tampa Police

Department or any other law enforcement agency.

B. Request that Proposer(s) modify its proposal to meet the needs of the City more fully, including Best and Final Offer(s)

(BAFO), or to furnish additional information as the City may reasonably require.

C. Accord fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Such revisions may be permitted after submission of proposals and prior to award.

D. Negotiate any modifications to a proposal that it deems acceptable, waive minor irregularities in the procedures, and reject any and all proposals.

E. Process the selection of the successful Proposer without further discussion.

F. Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do

so. The City shall be the sole judge of Proposers’ qualifications and reserves the right to verify all information submitted by the Proposers. The proposal selected will be that proposal which is judged to be the most beneficial to the City.

6. Financial Statements. The City Representative reserves the right to request that Proposers submit their annual financial statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public

Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to submit a detailed business plan in addition to any pertinent information that would allow the City to evaluate the sufficiency of financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract.

3.20. BASIS OF AWARD

A contract will be awarded to the most responsible and responsive Proposer whose proposal meets the needs of the City to the best degree.

3.21. NON-APPROPRIATION OF FUNDS

In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Successful

Proposal 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.

3.22. CONTRACT TERMINATION

When deemed to be in the best interest of the City, the City may cancel any award resulting from this specification by the following means: 10-day written notice with cause; or 30-day written notice without cause.

3.23. ADDITION/DELETION

The City reserves the right to add to or delete any service/item from this proposal or resulting agreements when deemed to be in the best interest of the City.

3.24. CONTRACT CHANGES

No changes, over the contract period, shall be permitted unless prior written approval is given by the Director of Purchasing and, an amendment to the Agreement is executed by the City and Contractor and approved by resolution of the City Council of the City of

Tampa.

3.25. DEFAULT/RE-AWARD

Any contract resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Successful Proposer upon non-performance or violation of contract terms, including the failure of the Successful Proposer to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of

Purchasing. In the event a contract is cancelled because of the default of the Successful Proposer, the Director of Purchasing may:

1. make an award to the next best Proposer and establish the period of such contract, provided such period is no longer than the contract period outlined in this specification.

4. CONTENT OF PROPOSALS

4.1. PROPOSER RESPONSIBILITY

1. Proposers are advised that the City’s ability to evaluate proposals is dependent in part on the Proposer’s ability and willingness to submit proposals which are well ordered, detailed, comprehensive and readable. Clarity of language and adequate, accessible documentation is essential. Proposers should maintain the sequence of sections as they are depicted in the RFP. It is the Proposer’s responsibility to examine all specifications and conditions thoroughly and comply fully with specifications and all attached terms and conditions.

It is the Proposer’s responsibility to provide a full and complete written response that does not require interpretation or clarification by the City Representative. The Proposer is to provide all requested materials, forms, and information. The

Proposer is responsible to ensure the materials submitted will properly and accurately reflect the Proposer specifications and offering. During scoring and evaluation (prior to any interviews), the City Representative will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP deadline; however, this does not limit the right of the City

Representative to consider additional information (such as references that are not provided by the Proposer but are known to the City, or past experience by the City in assessing responsibility), or to seek clarifications as needed by the City.

2. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. The proposal submitted is the City’s official record and recording of the RFP.

Submit electronic copies in Acrobat Adobe PDF format. Pages must be identified with page numbers. File name should not contain special characters. Proposer must wait for confirmation of successful document upload.

If Proposer is declaring any portion of the proposal is Confidential and/or Proprietary a copy of proposal marked “REDACTED” should also be provided to the City with the original following the instructions stated under GENERAL CONDITIONS.

In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be organized in the following manner and identified as requested below:

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4.2. CONTENT

The Proposer is cautioned to read and become familiar with all sections of the City of Tampa’s (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized list identifies various items that are mandatory requirements in order to accept the Proposer’s response to the City’s RFP. No representation is made that the following list is a complete guide to every requirement for consideration by the Proposer.

IN OPENGOV, THE FOLLOWING ITEMS SHALL BE UPLOADED INTO THE PROPOSER’S QUESTIONNAIRE, FORMS, AND

ACKNOWLEDGEMENTS SECTION:

PROPONENT'S RESPONSE

• Title Page. Type the name of Proposer’s firm, address, telephone number, name of contact person, email address, date, and the title of the RFP.

• Table of Contents. Include a clear identification of the written material by section and by page number.

• Response to Proposal. Specifically state the Proposer’s understanding of the work to be accomplished and make a positive commitment to perform the work in SCOPE OF SERVICES.

• Section "Scope of Services". Include all the requirements and/or documentation requested under SCOPE OF SERVICES

• General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess any experience similar to the services required, Proposer shall provide any pertinent information or experience Proposer feels may qualify Proposer for consideration of award.

• 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 has 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.

• 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.

4.3. REQUIRED FORMS

IN OPENGOV, THE FOLLOWING FORMS SHOULD BE COMPLETED AND UPLOADED INTO THE PROPOSER’S

QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS SECTION IN THEIR RESPECTIVE TABS:

• Proposer's Affidavit Form Complete, submit and have notarized the Proposer’s Affirmation form provided. This form must be signed by an authorized representative of the firm.

• Affidavit of Compliance Form Complete, submit and have notarized the Affidavit of Compliance with Foreign Countries of

Concern Pursuant to Section 287.138, Florida Statutes (2023) form provided in the RFP Package. This form must be signed by an authorized representative of the firm.

• Sub-Contracting Submittals. No Successful Proposer shall assign the contract or any rights or obligations thereunder without the written consent of the City.

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• Any additional forms requested within the RFP or included in the PROPOSER’S QUESTIONNAIRE, FORMS, AND

ACKNOWLEDGEMENTS Section.

4.4. REQUIRED CERTIFICATIONS

IN OPENGOV, THE FOLLOWING…