FINAL_-_Citywide_Sign_Language_and_Interpreter_Services.pdf

Purchasing Department

DeAnna Faggart, NIGP-CPP, CPPO, CPPB, Director 2555 E. Hanna Avenue Tampa, Florida 33610

Office (813) 274-8351

Fax: (813) 274-8355

January 22, 2025

REQUEST FOR QUALIFICATIONS (RFQ) FOR

CITYWIDE SIGN LANGUAGE AND ORAL INTERPRETER SERVICES

Responses for RFQ #25-P-00003, CITYWIDE SIGN LANGUAGE AND ORAL INTERPRETER SERVICES, will be received by the Director of Purchasing, City of Tampa, until MARCH 4, 2025 AT 2:00 PM; then to be opened.

A PRE-PROPOSAL CONFERENCE will be held at 11:00 AM on FEBRUARY 18, 2025, Tampa Municipal Office Building, 306

E. Jackson St., Tampa, FL 33602, 4th Floor Conference Room, to discuss the above referenced subject. BRING A COPY OF

THIS RFQ TO THE MEETING.

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 Respondent(s). Failure to follow these instructions may result in Respondent(s) disqualification.

Questions should be asked in the OpenGov system. Questions pertaining to the RFQ document will be accepted up to ten days prior to the scheduled opening date and time and shall be submitted within the OpenGov system. Per the City of Tampa’s Communication

Policy during any solicitation period including any protest and/or appeal, there should be no contact with City officials or employees, other than the Analyst, the Director of Purchasing or the Legal Department, permitted from any Respondent(s). 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.

Responses shall be accepted no later than the time and date specified above. The RFQ Opening shall be thereafter and published on OPENGOV. All Respondent(s) 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 system. No file shall have a special character. No Respondent(s) may be withdrawn or modified after the time fixed for the opening of Respondent(s).

Electronic submittals shall be performed in the OpenGov. To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Respondent(s) submit their documents with adequate time allowed prior to the deadline. The Respondent(s) 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.

mailto:TampaADA@tampagov.net https://tampagov.net/ADARequest

INSTRUCTIONS TO RESPONDENT(S)

City of Tampa solicitations are issued electronically via OpenGov’s system. Obtaining solicitations through OpenGov will ensure that Respondent(s) 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. Respondent(s) 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 Respondent(s).

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 system. 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 Respondent(s)s.

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.

Respondent(s)s 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 within the OpenGov system.

Modifications will be made by issuing an addendum and will be given by written notice to all prospective Respondent(s) who received an original RFQ 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 Respondent(s) is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFQ prior to submitting the offer or it shall be deemed waived.

Tabulations (results) will be posted in the OpenGov system and made available to Respondent(s) after the scheduled public opening of the sealed Respondent(s).

The Respondent(s) 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 Respondent(s) 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 Respondent(s)’s risk.

TABLE OF CONTENTS

SECTION I. SCOPE OF SERVICES

SECTION II. GENERAL CONDITIONS

SECTION III. ADDITIONAL REQUIRED CLAUSES FOR FEDERAL FUNDED/REIMBURSABLE COSTS

APPENDIX A AND B

SECTION IV. RESPONDENT(S)’S AFFIRMATION AND RESPONDENT(S) SIGNATURE FORMS

SECTION V. SUBCONTRACTING FORMS & BIDDER’S CRIMINAL HISTORY SCREENING

ATTACHMENT A. RESPONDENT(S) SUBMITTAL CKECKLIST

ATTACHMENT B. FLORIDA PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION

ATTACHMENT C. CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT D. GOVERNMENT PURCHASING COUNCIL (GPC) LISTINGS

ATTACHMENT E RESPONDENT(S)’S SIGNLANGUAGE AND INTERPRETER SERVICES FEE SCHEDULE

ATTACHMENT F AFFIDVAVIT OF COMPLIANCE WITH FOREIGN COUNTRIES OF CONCERN

EXHIBIT 1 CITY OF TAMPA INSURANCE REQUIREMENTS

SECTION I. SCOPE OF SERVICES

1. INTRODUCTION. The City of Tampa (City) is seeking responses from interested and qualified Respondent(s) capable of providing American Sign Language and/or Oral Interpretation Services (Services) to persons who are deaf and persons who are deaf and blind. In order to better serve our citizens and to comply with the provisions of the Americans with

Disabilities Act, the City is requesting Respondent(s)s to provide the Services on an as-needed basis. It is the City’s intent to pre-qualify eligible Respondent(s)s to provide Services and the City will do business directly with the Respondent(s)s.

The City reserves the right to award this RFQ to Respondent(s)s based on experience, qualifications, location, and ability-to-perform. It is the City's sole discretion to choose and obtain a minimum of three (3) Respondent(s)s to perform these services.

2. BACKGROUND. The City is required to comply with the requirements of Title II of the Americans with Disabilities

Act and Section 504 of the Rehabilitation Act to better serve our persons who are deaf and persons who are deaf and blind.

3. SERVICE REQUIREMENTS. The City requires the Services of qualified interpreters for the deaf including those

Certified in American Sign Language and those certified in Oral Interpretation, as needed.

3.1 The Respondent(s) shall provide all personnel, labor, tools, supplies, materials, equipment, insurance, incidentals, and a properly equipped service vehicle necessary to provide the Services on-site for hearing impaired citizens, visitors, and staff and/or deliver communication materials. Services will vary in length and time. The services will be performed at various locations within the City and virtually, as determined by the City.

3.2 Services shall be scheduled on an “as-needed” basis. The estimated hours shall depend on the need for Services; hours per day shall be arranged by mutual consent between the Respondent(s) and the City. The hourly rate is for interpreter services and should not include travel expenses. The services shall be available twenty-four (24) hours a day, seven (7) days a week including Holidays.

3.3 The Respondent(s) shall provide in most instances, two (2) interpreters to assist each other due to fatigue.

The City requires one (1) interpreter for requests of one (1) hour or less, depending on the request and two (2) interpreters for requests requiring continuous interpreting for more than one (1) hour or when the content is very complex. Also, two

(2) interpreters will be needed for formal and/or platform settings and certain legal assignments.

3.4 The Respondent(s) must provide a person(s) certified in American Sign Language or Oral Interpretation depending upon the requested services. The Interpreter shall be able to interpret effectively and impartially, using any necessary specialized vocabulary.

3.5 In most cases, work shall be performed between the hours of 8:00 AM and 5:00 PM, Monday through

Friday, including Holidays. In the event Services are required after hours, on weekends, or designated legal Holidays, the Respondent(s) shall be compensated an “after hours/holiday rate.”

3.6. For Services performed, the Respondent(s)s shall be paid a minimum of two (2) hours for each call-out for service. A 24-hour notice shall be given to the Respondent(s) for cancellations. If the notice is not given, the Respondent(s) shall be compensated for the number of hours requested per Interpreter.

3.7. The Respondent(s) shall arrange for a substitute Interpreter when the assigned Interpreter is unable to perform their duties on any given day. If an Interpreter “no-shows” for a scheduled assignment, the Respondent(s) will credit the City for the full amount of the scheduled assignment.

3.8 The Respondent(s) shall remain in effect at all times during the term of the award, current licenses, certifications and permits in accordance with Federal, State and local government requirements.

3.9 The Respondent(s) shall present proper identification (valid picture ID, certification cards, etc.) in order to enter any City facility.

3.10 If Services are required by the Tampa Police Department, the Respondent(s) performing the services will be required to undergo a security background check for admittance into the Tampa Police Department facilities.

4. PERFORMANCE DURING AN EMERGENCY

By submitting a response, The Successful Respondent(s) agrees if needed, before, during and after a public emergency, disaster, hurricane, flood, or acts of God the City shall be given “first priority” for all services under this award.

The Successful Respondent(s) agrees to provide all services to the City throughout the emergency/disaster at the terms, conditions and prices as provided in this RFQ and with a priority above, a preference over, sales to the private sector. The Successful Respondent(s) shall furnish a 24-hour phone number to the City in the event of such an emergency.

5. CITY’S ROLE AND RESPONSIBILITIES

5.1 On an “as needed” basis, the City shall contact the Successful Respondent(s) to schedule Services for various meetings/needs for persons who are deaf and persons who are deaf and blind. At that time, the locations, scheduled time(s) and number of Interpreters needed shall be established.

5.2 The City reserves the right to interview all Interpreter(s) prior to placement.

5.3 At its sole discretion, the City reserves the right to accept or reject any recommended Interpreter(s).

6. PROFESSIONAL AND PERSONAL QUALIFICATION REQUIREMENTS

The Successful Respondent(s) guarantees that the Interpreters assigned to the City are qualified Interpreters according to the Americans with Disabilities Act. The Interpreter shall be able to interpret effectively and impartially, using any necessary specialized vocabulary.

All Interpreters are required to have one of the following:

• National Association of the Deaf (NAD) Certification

• Registry of Interpreters for the Deaf (RID) Certification

• National Interpreter Certification (NIC)

In addition to the requirements listed above, other acceptable certifications include:

• Specialist Certificate; Legal (SCL)

• American Consortium of Certified Interpreters (ACCI)

• Comprehensive Skills Certification or Certificate (CSC)

• Certificate of Interpretation (CI)

• Certificate of Transliteration (CT)

• Conditional Legal Interpreting Permits (CLIP)

• Conditional Legal Interpreting Permit-Relay (CLIP)

• Certified Deaf Interpreter (CDI)

• Oral Transliteration Certification (OTC)

The Respondent(s) shall be located within the City of Tampa or Tampa Bay Area.

The Respondent(s) must be in business a minimum of two (2) years.

7. QUALIFICATION SUBMITTALS

The following must be submitted in response to this RFQ.

7.1 A history of the Respondent(s) business and a description of the range of Services offered by the

Respondent(s). Describe the capabilities, qualifications, and experience of the Respondent(s) in providing the services described in this RFQ.

7.2 A detailed description of the Respondent(s) approach to successfully providing the services described within this RFQ and is able to provide services within the geographical area of the City.

7.3 Provide the location of the Respondent’s office.

7.4 Provide an emergency contract person who can be reached 24 hours a day. Include name, title, phone number and email address.

7.5 Provide listing of individuals who will be directly involved in working with the City. Include the person’s resume’ background, special skills, years of experience and certifications. A minimum of three (3) years of paid experience in American Sign Language and/or Oral Interpretation required.

7.6 Provide a minimum of three (3) reference letters to whom the Respondent(s) have provided services similar to those being proposed to the City.

7.7 Provide a copy of the Respondent’s Insurance Acord Certificate as required under Section

II. General Conditions, Section 18. Insurance Requirements.

8. RESPONDENT SUBMITTALS

The following must be submitted in the proposal:

8.1 Contract Termination for Default. Has the Respondent’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 Respondent due to the Respondent's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Respondent; or litigated and determined that the Respondent 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 will evaluate the facts and may, at its sole discretion, reject the RFQ on the grounds of its past experience.

8.2 Contract Litigation/Legal Proceedings. The Respondent shall identify any pending lawsuits, past litigation relevant to subject matter of this RFQ, 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.

9. MANAGEMENT

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

10. COORDINATION WITH THE CITY

The Successful Respondent shall identify the Project Manager to work in close coordination with the City. The

City’s Project Manager shall be the City’s point of contact. The City shall approve any changes to the Project Manager or personnel assigned to the project.

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

End of Section I

SECTION II. GENERAL CONDITIONS

11. GENERAL INFORMATION

11.1 Submittal Due Date. Sealed Responses will be received no later than the date and time indicated on page one of this document. Responses will not be accepted after this time. All responses shall be submitted through the OPENGOV system (electronically). File name should not have special characters. Respondent(s) must wait for confirmation of successful upload.

City of Tampa Requests for Qualifications are issued electronically via OpenGov’s system. Obtaining Responses through OpenGov will ensure that Respondent(s) will have the following capabilities: receipt of Respondent(s) documents electronically, track the status of award activity, receive addenda, receive the results of awards and view plans and blueprints online electronically. Respondent(s)s who obtain specifications and plans from sources other than OpenGov are cautioned that the Respondent(s) packages may be incomplete. The City will not accept incomplete Respondent(s).

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 system. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication and Respondent(s) 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.

11.2 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 Respondent(s) who received an original RFQ notification making them a plan-holder. Addenda will be posted and disseminated by OpenGov at least five days prior to the RFQ opening date.

It will be the responsibility of the Respondent(s) to review OpenGov prior to submitting a response to ascertain if any addenda has been issued, to obtain all such addenda, and to return the executed addenda with the Respondent(s).

11.3 Errors and Omissions. Respondent(s) discovering any ambiguity, conflict, discrepancy, omission, or other errors in this RFQ, shall immediately notify the City of such error via email within Get All’s system 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 Respondent(s) who queried the solicitation in Get All’s system. Addenda will be posted and disseminated by OpenGov at least five days prior to the RFQ opening date. The Respondent(s) is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFQ prior to submitting to the Respondent(s) or it shall be deemed waived.

11.4 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 Respondent(s) should be aware that the submittals and the responses thereto are in the public domain and are available for public inspection and copying. Using Attachment B – Public Records Declaration or Claim of Exemption, Respondent(s) is required to acknowledge whether or not they are asserting that certain information in its Respondent(s) is confidential and/or proprietary and/or exempt from public disclosure. If the Respondent(s) is asserting that certain information in its response is confidential and/or proprietary and/or exempt from public disclosure, then the Respondent(s) is required to do the following: (1) identify, with specificity, the information which the Respondent(s) 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)'s other Respondent(s) 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 Respondent(s)'s confidential/proprietary/exempt information must be submitted with the Respondent(s)'s other Respondent(s) documents. Respondent(s) is advised that failure to follow the aforementioned instructions may result in Respondent(s)'s alleged confidential/proprietary/exempt information being disclosed to the public.

This will be the Respondent(s)’s “REDACTED” copy. 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.* All uploaded documents may not have special characters in the file name, #,*,@, etc….

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

11.4.1 In accordance with Section 119.071(1)(b)2, Florida Statutes, sealed bids, responses, 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, responses , or final replies, whichever is earlier.

11.4.2 In accordance with Section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, responses, 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, responses, 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, response, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, response, or replies.

11.4.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with

Florida Statutes, 119.0701, Successful Respondent(s) agree to comply with Florida’s Public Records Law, including the following:

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

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

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

Contractor does not transfer the records to the City;

4. Upon completion (or earlier termination) of the award, Successful Respondent(s) shall within

30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Respondent(s) or keep and maintain the public records in compliance with

Chapter 119, Florida Statutes. If Successful Respondent(s) transfers all public records to the City upon completion (or earlier termination) of the award, Successful Respondent(s) shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Respondent(s) keeps and maintains public records upon completion (or earlier termination) of the award, Successful Respondent(s) shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.

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

Successful Respondent(s) until records are received as provided herein.

6. IF THE SUCCESSFUL RESPONDENT(S) HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES TO THE SUCCESSFUL RESPONDENT(S)’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT

813/274-8351, https://cityoftampa.govqa.us/WEBAPP/_rs/(S(r43d0k1zu idazsgnss1rk2s3))/SupportHome.aspx, 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 response, under Section

II. General Conditions, Section 13 Content of Submittals, Tab 1.

11.5 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 Request for Respondent 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 Respondent shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Respondent. (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.

11.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal.

The material(s) supplied shall be guaranteed to be free from defect of composition, conception, and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFQ will be rejected by the City and returned to the Successful Proposer at the Successful Proposer’s expense for immediate replacement.

11.7 Copyrights and Patent Rights. Respondent(s) warrants that there has been no violation of copyrights, patent or other intellectual or proprietary rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Respondent(s), and Successful Respondent(s) agrees to indemnify, defend and hold the City harmless from any and all liability, loss or expense by any such violation including litigation costs and attorneys' fees through the appellate process, and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of work.

11.8 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(s), who is allegedly aggrieved in connection with the issuance of a Respondent(s) 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 https://cityoftampa.govqa.us/WEBAPP/_rs/(S(r43d0k1zuidazsgnss1rk2s3))/SupportHome.aspx https://cityoftampa.govqa.us/WEBAPP/_rs/(S(r43d0k1zuidazsgnss1rk2s3))/SupportHome.aspx http://www.tampagov.net/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances 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.

11.9 WMBE Participation. The City of Tampa EBO office administers the Women/Minority Business Enterprise

(WMBE) Program to promote the inclusion of WMBE Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified WMBE Companies deemed underutilized. To obtain a list of the

City’s Certified WMBE Companies, visit the Equal Business Opportunity (EBO) Office website at http://www.tampagov.net/ebo.

Under Programs and Services select WMBE and SLBE Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names.

NOTE: In accordance with the Equal Business Opportunity Ordinance 26.5, The City of Tampa’s WMBE policies are narrowly tailored to identify underutilized WMBEs by Industry Category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process.

Refer to MBD Form 70 to identify underutilized WMBEs by Industry Category and MBD Form 71 for the

WMBE Participation scoring criteria for this RFP. For this RQP the underutilized WMBE Industry

Category is “Professional Services”.

11.10 SLBE Participation. In an effort to promote increased opportunities for Small Local Business Enterprises

(SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City’s Certified SLBE Companies, visit the Equal Business Opportunity (EBO) Office website at http://www.tampagov.net/ebo. Under programs and Services select WMBE and SLBE Directories. These directories include

SLBE Certified Companies which are listed by Type of Services and by Company Names.

For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo

11.11 Incurred Expenses. The City is not responsible for any expenses which Respondent(s) 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 of responses

11.12 Respondent(s) Binding. All responses submitted shall be binding for 180 calendar days following the opening.

11.13 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 (City).

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

During the performance of this Contract, the Successful Respondent(s) herein assures the City, that said Successful

Respondent(s) 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 Successful Respondent(s) does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Successful Respondent(s)’s employees or applicants for employment.

The Successful Respondent(s) understands and agrees that this Contract is conditioned upon the veracity of this

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

Furthermore, the Successful Respondent(s) herein assures the City that said Successful Respondent(s) will comply with http://www.tampagov.net/ebo http://www.tampagov.net/ebo http://www.tampagov.net/ebo

Title VI of the Civil Rights Act of 1964 when federal grant(s) 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(s) 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 Contract. The Successful Respondent(s) further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5.

11.14 Respondent(s)’s Criminal History Screening Practices. Per City of Tampa Code of Ordinances, Section 2-284, Proposer is requested to provide information as to whether Proposer has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances, for Procurements of

$100,000. The respondent(s) can voluntarily agree to comply with the City’s criminal screening practices as provided in Chapter 12, Article IV of the City Code. (“Ban the Box Requirements”).

The City of Tampa’s municipal codes are published online by the Municipal Code Corporation at the website link https://library.municode.com/fl/tampa/ordinances/code_of_ordinances?nodeId=1171018

11.15 Equal Opportunity. The City of Tampa hereby notifies all Respondent(s) 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 Contract made by the City of Tampa pursuant to this present Respondent(s) 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.

11.16 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.

11.17 Compliance with Laws. The Successful Respondent(s) 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 Respondent(s) 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.

11.18 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.

11.19 Survival. Provisions in regard to licensing, indemnification, governing law, venue, confidentiality and any provision by its nature shall survive termination of the contract shall survive termination of contract.

11.20 Conflict of Interest. The City requires that the Successful Respondent(s) provide professional, objective, and impartial advice and at all times hold the City’s interest’s paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Successful Respondent(s) has an https://library.municode.com/fl/tampa/ordinances/code_of_ordinances?nodeId=1171018 obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Successful Respondent(s) shall not be considered for award of this Contract. Failure to disclose said situations may lead to the disqualification of the Successful Respondent(s) or the termination of its Contract.

Any such interests on the part of the Successful Respondent(s) or their employees, must be disclosed in writing to the City on ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM that is included with this solicitation document and should be included under Section 13. Content of Submittals, Tab 2. Also, the Successful Respondent(s) is aware of the conflict-of-interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said laws.

11.21 Audit Rights. Successful Respondent(s) 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 Respondent(s) related to Successful Respondent(s)’s performance under the contract. Successful Respondent(s) 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 Respondent(s) must keep all financial records in a manner consistent with generally accepted accounting principles. Successful Respondent(s) must provide access during normal business hours to the requested records no later than ten (10) calendar days after the written request by the City or its authorized representative. If any audit reveals any material deviation from the 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 Respondent(s)’s invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the City’s audit findings to the Successful Respondent(s). Successful Respondent(s) shall include this right to audit section in any subcontractor agreements entered into in connection with this contract.

11.22 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 submit a Respondent(s) 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 submit a

Responses 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 to submit a Responses 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 Successful Respondent(s) submitted a false certification under Section 287.135(5) of the

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

11.23 Data Collection. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Successful Respondent(s) are used for identification, verification, and tax reporting purposes.

11.24 Indemnification. The Contractor/Successful Respondent(s)/Contractor/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 9.23 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

(i) the monetary value of this contract, (ii) the coverage amount of Commercial general liability insurance required under the contract, or (iii) $1 Million Dollars. Otherwise, the obligations under this section 9.23 will not be limited by the amount of any insurance required to be obtained or maintained under this contract. Contractor’s duties to defend and indemnify pursuant to this section 9.23 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.

11.25 Contractor Background Checks. When assigning employees to work on City property, the Successful

Respondent(s) shall check the backgrounds of each employee and notify the City’s Employment Services Manager prior to assignment if candidates fall into one or more of the following categories:

• Unable to pass 8 Panel Drug Screen

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

• Is a former City of Tampa employee”

11.26 Employee Verification. In accordance with Section 448.095, Florida Statutes, the Successful

Respondent(s) (s) agrees to register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the contract for the services specified in the contract. The Successful Respondent(s) must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.