Final_Bid.pdf

Purchasing Department DeAnna Faggart, 306 E. Jackson Street, 2E Tampa, Florida 33602

Office (813) 274-8351

Fax: (813) 274-8355

March 17, 2025

REQUEST FOR QUALIFICATIONS (RFQ)

FOR

CITYWIDE REAL ESTATE TITLE SERVICES

Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID NO. 25-P-00172, CITYWIDE REAL ESTATE TITLE SERVICES will be received by the Director of Purchasing, City of Tampa, until APRIL 23, 2025 1:00 PM (EST) then be opened.

Important instructions and specifications regarding responses to this Request for Qualifications are listed below. Failure to follow these instructions may result in Respondent disqualification.

Questions that may arise from the RFQ document will be received until 1:00 PM, APRIL 15, 2025. All questions must be sent via email. It is the Proposer’s responsibility to confirm the City is in receipt of the questions. Questions should be referred to:

OpenGov, and shall be submitted by email to procurement-support@opengov.com.

Electronic submittals shall be uploaded in the OpenGov eProcurement Portal via link:

https://procurement.opengov.com/portal/cityoftampa/projects/155161

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.

Proposals shall be accepted no later than the time and date specified on the REQUEST FOR QUALIFICATIONS. All responses 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

OpenGov eProcurement Portal. No bid may be withdrawn or modified after the time fixed for the opening of responses.

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 Bid and Request for Proposals package 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 or Request for Proposal.

INSTRUCTIONS TO BIDDER

City of Tampa RFQ’s are issued electronically via the OpenGov eProcurement Portal. Obtaining solicitations through OpenGov 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 OpenGov are cautioned that the bid packages may be incomplete.

The City will not accept incomplete bids. Contact OpenGov Support 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 bid 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 bid submittals between the City and its bidders. OpenGov is an independent entity mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityoftampa/projects/155161 https://procurement.opengov.com/portal/cityoftampa mailto:procurement-support@opengov.com and is not an agent or representative of the City. Communications to OpenGov does not constitute communications to the City.

Contact OpenGov Support at procurementsupport@opengov.com for more information.

Submitters discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFI, shall immediately notify the City of such error in writing and request modification or clarification of the RFI within the OpenGov eProcurement Portal.

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 OpenGov (those who are on the Plan Holders List). Addenda will be posted and disseminated by OpenGov at least five days prior to this RFQ opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFQ prior to submitting the bid or it shall be deemed waived.

The RFQ document contains a General Conditions Section and an Information Requested Section. General Conditions contain general requirements and the information Requested Section details the information the City is interested in responses in finding a solution(s) for the initiative’s goal.

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 RFI package, including but not limited to all the provisions, terms, and conditions. Failure to do so will be at the Proposer’s risk.

mailto:procurementsupport@opengov.com https://procurement.opengov.com/portal/cityoftampa

1. GENERAL CONDITIONS

1.1 Submittal Due Date. Sealed proposals will be received no later than the date and time indicated on page one of this document. RFQ packages will not be accepted after this time.

The City is not required to seek proposals for this service; it has chosen to do so in its best interest. In so doing, however, the City is not bound to award to the lowest monetary Agency and/or Individual(s). The

City reserves the right to seek new proposals for services when such is reasonably in the best interest of the City.

1.2 Addendum and Amendment to RFQ. If it becomes necessary to revise or amend any part of this RFQ, OpenGov will provide notification of the Addendum to all prospective Respondents who received an original RFQ. The City will not accept incomplete qualification packages.

1.3 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 Respondents should be aware that the RFQ and the responses thereto are in the public domain and are available for public inspection and copying.

If the Respondent is asserting that certain information in its RFQ is confidential and/or proprietary and/or exempt from public disclosure, then the Respondent is required to do the following: (1) identify, with specificity, the information which the

Respondent 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

Respondent's other documents, (3) (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 Respondent's confidential/proprietary/exempt information must be submitted with the Respondent's other RFQ documents.

Respondent is advised that failure to follow the aforementioned instructions may result in Respondent's alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this RFQ 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 Respondent may be challenged in court by any person or entity. By designation of material in your RFQ submittal as exempt from public disclosure, Respondent 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 Respondent’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 you designation of material as exempt from public disclosure.

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

1.3.1 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.

1.3.2 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 twelve (12) months after the initial City of Tampa notice rejecting all bids, proposals, or replies.

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

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

2. Upon request by the City, provide the City with copies of the requested records, having redacted records in total on 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 records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if Successful Respondent does not transfer the records to the City;

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

Respondent 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 Successful Respondent 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 Respondent until records are received as provided herein.

6. IF SUCCESSFUL RESPONDENT HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO SUCCESSFUL RESPONDENT’S

DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT 813-274-8351,

COTPurchasing@TAMPAGOV.NET, 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 Section

II. General Conditions, Section 3. Content of Proposal, Tab 2.

1.4 Errors and Omissions. Respondents discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFQ, shall immediately notify the City of such error in writing and request modification or clarification of the RFQ. Modifications will be made by issuing an addendum and will be given by written notice to all prospective

Respondents who received an original RFQfrom OpenGov (Those who are on the Plan Holders List). Addenda will be posted and disseminated by OpenGov at least five (5) days prior to the RFQ opening date. The Respondent is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFQ prior to submitting the proposal or it shall be deemed waived.

1.5 City of Tampa Ethics Code. The Respondent 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 Respondent responding to this RFQ 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.

The Successful Respondent shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid, Request for Proposal or Request for Qualifications (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.

1.6 Equal Opportunity. The City of Tampa hereby notifies all Respondents that all eligible businesses, including Small Local Business Enterprises (SLBEs) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any award made by the City of Tampa pursuant to this present response matter and will not be subjected to discrimination on the basis of race, color, sex, or national origin. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or physical handicap.

For additional information visit the Equal Business Opportunity (EBO) Office website at:

http://www.tampagov.net/ebo

1.7 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 and federal courts located in Hillsborough County, Florida.

1.8 Compliance with Laws. The Successful Respondent 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 contractor 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.

1.9 Incurred Expenses. The City is not responsible for any expenses which the Respondent may incur in the preparation and submittal of responses requested by this RFQ, including but not limited to, costs associated with travel, accommodations, interviews or presentations.

1.10 RFQ Binding. All Requests for Qualifications submitted shall be binding for one-hundred and twenty (120) calendar days following the opening.

1.11 Award 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.

1.12 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 respondent, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation, qualification 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 http://www.tampagov.net/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances http://www.tampagov.net/ebo

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.

1.13 Sub-Contracting Submittals. No Successful Respondent shall assign the award or any rights or obligations thereunder without the written consent of the City. In the event of such approved subcontracting, the Successful Respondent 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 Schedule of Sub-Contracting forms, with bid response. (“Schedule of All Sub-Contractors/Consultants/Suppliers Solicited” MBD 10 and “Schedule of Sub-

Contractors/Consultants/Suppliers to be Utilized” MBD 20). These forms must be submitted with all responses.

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.

1.14 Non-Discrimination in Contracting and Employment

The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa.

The Successful Respondent shall comply with the following Statement of Assurance:

During the performance of this Award, the Successful Respondent herein assures the City, that said Successful

Respondent is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Contractor does not on the grounds of race, color national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said Successful Respondent 's employees or applicants for employment.

The Successful Respondent understands and agrees that this Award is conditioned upon the veracity of this

Statement of Assurance, and that violation of this condition shall be considered material breach of this Award.

Furthermore, the Successful Respondent herein assures the City, that said Successful Respondent will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.

The Successful Respondent further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this Award. The Successful Respondent further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No.

2008-89.”

1.15 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, submit a proposal for, 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, submit a proposal for, 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, submit a proposal for, 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 Contractor 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 contract after it has given the Contractor 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

1.16 Audit Rights. During the term of this agreement including any renewal or extension hereof, and for a period of six (6) years thereafter, or for such longer period of time as may be required by applicable federal regulations and negotiated with the Successful Respondent the City or a representative of the City shall have the right, within two (2) weeks written notice to the Successful Respondent, to inspect and audit all of its’ books of account, records, and other documents, pertaining to payments made or to be made pursuant to this Agreement and the Successful Respondent shall make all such records, books, and other documents available at the place where these books and records are normally maintained; provided, that all such inspections and audits shall be conducted during regular business hours.

These records will be open to inspection and subject to audit and/or reproduction by the City or its representative within ten (10) workings days of written notice by the City. There will be an administrative fee of $100.00 per day, per requested item for records that are received after the initial ten (10) working day period. The Successful Respondent shall provide adequate work space and access to office equipment (copier and fax machines) at no charge if such inspections are required at the Successful Respondent’s office. The Successful Respondent shall allow the City or their representative to interview all current or former employees to discuss matters pertinent to the performance of this Agreement.

Books of account and records as referred to in the Agreement shall include any and all information, materials, and data of every kind and character, including without limitation, financial statements, general ledgers, job cost reports, accounts payable, accounts receivable, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, subcontract files, commitments, arrangements, notes, daily diaries, project manager reports, drawings, receipts, vouchers and memoranda, written policies, time sheets, payroll registers, cancelled checks, original estimates, estimating work sheets, change order files, back charge logs and supporting documentation, trade discounts, insurance rebates and any and all other agreements or documents that may in the City’s judgment have a bearing on or pertain to any matters, rights, duties or obligations under or covered by this Agreement. Such records subject to inspection shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Agreement. Such records shall be made available in hard copy as well as electronically (computer readable data) when available.

The Successful Respondents shall require all payees (examples include, but are not limited to, Sub-Contractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Section by insertion of these requirements in any contract between the Successful Respondent and payee. Such requirements to include flow-down right or audit provision in contracts with payees will also apply to Sub-Contractors, sub-Sub-Contractors, material suppliers, etc. The

Successful Respondent will cooperate fully and will cause all related parties and all of the Successful Respondent’s Sub- Contractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or making available to the City all required records. The Successful Respondent shall be held responsible for any financial impacts relating to payees who do not comply with this Section.

If an audit inspection in accordance with this Section discloses overpricing or overcharges (of any nature) by the Successful Respondent to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City’s Audit department shall be reimbursed to the City by the Successful Respondent and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Successful

Respondent within a reasonable amount of time (not to exceed 45 days) from presentation of City’s findings to the Successful Respondent.

1.17 Data Collection. Pursuant to Section 119.071(5)(a), Florida Statues, social security numbers collected from Proposers are used for identification, verification, and tax reporting purposes.

1.18 Indemnification. The Contractor/Successful Proposer/Awardee/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, claims, suits, damages, charges, or expenses (including attorney’s fees, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason 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. Where the Agreement is for a construction contract for the City, this Section shall be limited to the provisions of Section 725.06, Florida Statutes, with the greater of $1 Million Dollars or a sum equal to the total contract price set as the monetary limitation on the extent of the indemnification.

2. QUESTIONS REGARDING THE RFQ PACKAGE AND PROCESS

2.1 To ensure fair consideration for all Respondents, the City prohibits prospective Respondents' communication with any department or employee during the submission process. Questions relative to the interpretation of the Scope of Services or the RFQ process shall be addressed via email to OpenGov by email at: procurement-support@opengov.com.

2.2 Communication Policy. During any solicitation period, no contact with City officials or employees, other than with the individuals specifically identified in the solicitation, the Director of Purchasing or the legal department is permitted from any Respondent. 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.

Any Respondent 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.

3. CONTENT OF SUBMITTALS

3.1 Submittals should be prepared simply and economically, providing a straightforward, concise description of the Title Company’s ability to fulfill the requirements of the RFQ. Failure to follow these instructions could result in your submittal being disqualified.

In order to ensure a uniform review process and to obtain the maximum degree of comparability, the following items shall be uploaded into the Respondent’s Affidavit, Signature Forms and Vendor Response

Section:

• Title Page. Type the name of Respondent's agency/firm, address, telephone number, name of contact person, email address, date, and the title of the RFQ.

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

• Addenda. Include a copy of the addendum, or addenda associated with the RFQ, if applicable.

Incomplete responses will not be considered.

mailto:procurement-support@opengov.com

• Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from General Conditions, General Information, Subsection 1.3.

• Response to the RFQ. Specifically state the Title Company’s understanding of the work to be accomplished and make a positive commitment to perform the work in Scope of Services.

• Scope of Services. Provide and include all the requirements and/or documentation requested under

Scope of Services, including Attachment A - TITLE COMPANY APPLICATION, and Attachment C –

LETTER OF INTENT

• Compensation. Complete and submit Attachment B. Title Services Fee Schedule. Itemize any optional costs separately.

• Sub-Contracting Forms. Under Section IV. Sub-Contracting Forms and Payment Form, the following forms must be filled out and submitted:

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

• Schedule of All Sub-Contractors/Consultants/Suppliers to be Utilized MBD 20

These forms must be completed (including signatures) and submitted with all bids or proposals. 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.

• Proposer's Affirmation and Declaration. Complete and have notarized the Proposer's Affirmation and Declaration form provided in the RFQ Package. This form must be signed by an authorized representative of the Appraisal Company as defined below.

• Qualifications Signature Form. Complete the Request for Qualifications Signature form provided in the package. This form must be signed by an authorized representative of the Title Company as defined below:

When Title Company is a corporation, the president or vice president signing shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office. The form shall also bear the seal of the corporation attested by its corporate secretary.

When the Title Company is a partnership, the form shall be signed in the name of the partnership by a general partner or other person duly authorized to bind the partnership. The capacity and authority of the person signing shall also be given.

When the Title Company is an individual or sole proprietorship, the response shall be signed by the individual owner, stating name and style under which the Title Company is doing business.

If the Title Company is doing business under a fictitious name, the Title Company must submit a copy of

Certificate of Registration with the Florida Secretary of State.

When the Title Company is a joint venture, each joint venturer must sign the form as hereinabove indicated.

• Insurance Requirements. This award is subject to the attached and incorporated CITY OF TAMPA

INSURANCE REQUIREMENTS included as Exhibit 1 of this bid document which should be reviewed for complete insurance details and coverage requirements.

4. EVALUATION

4.1 Responses will be evaluated by the Real Estate Department based on qualifications, experience including the Title Company’s Application and for compliance of the requirements in the RFQ. The selection of Title Companies will be based on experience, qualifications, location and ability-to-perform which shall be determined solely by the City.

Prior to award resulting from this solicitation, the Successful Respondents 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.

4.2 Award Term. The period of the award 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 periods.

4.2.1 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 Successful Respondent prior to the expiration of the award, or the renewal period if the award has been previously renewed.

4.3 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 notifies the City of Tampa, in writing, of the pending price escalation/de-escalation a minimum of sixty (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 has not passed the decrease on to the City of Tampa, the City reserves the right to place the Awardee in default, cancel the award, and remove the Awardee 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.

4.4 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 Respondent 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.

4.5 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.

4.6 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. Respondents 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.

4.7 Minimum Wage Amendment. The Awardee shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005.

The rate of wages for all persons employed by the Successful Respondent on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188) enacted August 20, 1996.

4.8 Invoicing. The Successful Respondent shall furnish the City complete itemized invoices for work performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this RFQ itemizing parts, labor hours, materials, etc. 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;

• City work order number (if applicable);

• Purchase order number;

mailto:acctspayable@tampagov.net

• Location and dates of work;

• Cost of work as stated on Bid Response and extended price to reflect total cost for number of times work was performed.

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

• Form MBD-30-DMI Sub-(Contractors/Consultants/Suppliers) Payments

• Form MBD-40 Letter of Intent (LOI)

4.9 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 Successful Respondent upon non-performance or violation of contract terms, including the failure of the Successful Respondent 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 Respondent, 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 best Respondent and establish the period of such award, provided such period is no longer than the award period set forth in this specification.

5. SCOPE OF SERVICES

5.1 INTRODUCTION

The City of Tampa Real Estate Department has an on-going need for Title Services. It is the City’s intent to pre-qualify eligible Title Companies for use annually on an as-needed basis, to be retained for service by the specific project. The

City of Tampa (City) will do business directly with Title Companies and reserves the right to award this RFQ to multiple Title

Companies based on experience, qualifications, location, and ability-to-perform. It is the City's sole discretion which Title Companies will perform this service.

5.2 SERVICE REQUIREMENTS

5.2.1 The title work requirements are for a variety of services including but not limited to placing mortgages on real property. The services include interim title binders, owners and encumbrance reports, title insurance, property information reports, name searches, and all closing function. Each of the services needs to be provided in a timely and professional manner. Some mortgages will be for local lenders, but most will be provided by either federal, state or city funds that require special or specific mortgage instructions and requirements to be followed.

5.2.2 The Title Company must provide the following:

• All closing functions within its Company and shall be able to do off-site closings within Hillsborough

County.

• National Underwriters.

In the event of title services required for the purchase of land by the City, the seller may have the option to specify the Title Company to provide the services.

5.2.3 Following the request for services by a City Department, the Title Company shall provide all necessary resources to diligently pursue the assigned activities within the schedule provided by the City’s User Department.

5.2.4 During the life of the award, the Title Company must maintain and provide the City their most current insurance certificate available. Failure to maintain the required insurance as stated under Section II.

General Conditions, Section 6. Insurance Requirements will constitute default of award.

6. MINIMUM QUALIFICATION REQUIREMENTS

• The Title Company must be in the primary business of performing Real Estate Title Services.

• All Title Companies must be Licensed or Certificated in accordance with Florida State Statutes.

• The Title Company shall provide off-site closings, when requested.

• The Title Company must be able to provide or assist with electronic closings.

• The office of the Title Company shall be within Hillsborough County.

• The Title Company must be in business a minimum of 5 (five) years.

• The Title Company shall provide service Monday – Friday, 8:00 AM until 5:00 PM. The Title Company shall be available if necessary to provide services after 5:00 PM.

Note: The City reserves the right to cancel the award with the Title Company if performance by the Title Company fails to meet the needs of the City in a timely manner.

RESPONDENT'S AFFIDAVIT AND QUALIFICATION SIGNATURE FORMS

RESPONDENT’S AFFIDAVIT

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

AFFIANT’S NAME

Who, after being duly cautioned and sworn (or who is unsworn if that be the case) and being fully aware of the penalties of perjury, does hereby state and declare, on his own behalf or on behalf of a partnership or corporation, whoever or whichever is the Respondent in the matter at hand, as follows:

1. That the Respondent, if an individual, is of lawful age.

2. That if the Respondent is a partnership or a corporation, it has been formed legally; if a Florida corporation, it has filed its Articles of Incorporation with the Florida Secretary of State; if a corporation incorporated under the laws of a state other than Florida, it is duly authorized to do business in the State of Florida.

3. That if the Respondent is using a fictitious name, he/she/it has complied with the Fictitious Name Statute of the State of Florida.

4. That the Respondent has not submitted a rigged Bid, nor engaged in collusive bidding or collusive bidding arrangement or fraudulent bidding, or entered into a conspiracy relative to this bid, with any other person, partnership, or corporation making a bid for the same purpose. The Respondent is aware that “Any understanding between persons where one or more agree not to bid, and any agreement fixing the prices to be bid so that the awarding of any contract is thereby controlled or affected, is in violation of a requirement for competitive bidding and renders a contract let under such circumstances invalid.” [See McQuillian, Municipal Corporations, §26.69].

5. That the Respondent is not in arrears to the City of Tampa upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to the City.

6. That no officer or employee of the City, either individual or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or obligation entered into between the City of Tampa and this Respondent or awarded to this Respondent; nor shall any City officer or employee have any financial interest in assisting the Respondent to obtain, or in any other way effecting, the award of the contract or obligation of this Respondent.

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

FURTHER RESPONDENT SAYETH NOT.

Respondent: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A

Corporation, according to your firm type.

FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT

State of

County of

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or

☐ online notarization this _____ day of 20 , by , who is personally known to me or who has produced identification and who did (did not) take an oath.

Signature of Notary Public Signature of Affiant

Notary Public State of:

My Commission Expires:

Printed, typed or stamped Printed or typed name of Affiant

Commissioned name of notary public

FOR A PARTNERSHIP

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or

☐ online notarization this ____ day of 20 , by , who is a partner on behalf of _____________________________________, a partnership. He/She is personally known to me or has produced identification and did (did not) take an oath.

FOR A CORPORATION

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization this _____ day of 20 , by , who is____________________________________________________________________________________________

(Title) of________________________________________________________________________________________________

(Corporation Name) a corporation under the laws of the State of ____________________________, on behalf of the said corporation.

He/She is personally known to me or who has produced identification and who did (did not) take an oath.

FOR A LIMITED LIABILITY COMPANY (LLC)

The foregoing instrument was sworn to (or affirmed) and subscribed before me this _____ day of 20 , by

, who is____________________________________________________________________________________________

(Title) of________________________________________________________________________________________________ (Corporation Name) a corporation under the laws of the State of ____________________________, on behalf of the said entity. He/She is personally known to me or who has produced identification and who did (did not) take an oath.

REQUEST FOR QUALIFICATION SIGNATURE FORM

FOR

CITYWIDE REAL ESTATE TITLE SERVICES

In compliance with this RFQ and to all…