GENERAL_CONDITIONS.pdf

GENERAL CONDITIONS

3.1. PROPOSAL DUE DATE

Sealed proposals will be received no later than the date and time indicated on page one of this document. Proposals will not be accepted after this time. All proposals shall be submitted through the OpenGov eProcurement Portal

(electronically). File name should not have special characters. Proposer must wait for confirmation of successful upload.

City of Tampa Requests for Proposals are issued electronically via the OpenGov Portal. Obtaining proposals through

OpenGov will ensure that proposer will have the following capabilities: receipt of proposal documents electronically, track the status of award activity, receive addenda, receive the results of awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than OpenGov are cautioned that the proposal packages may be incomplete. The City will not accept incomplete proposals. Contact OpenGov at procurement-support@opengov.com for more information.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the OpenGov eProcurement Portal. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication and proposal submittals between the City and its vendors. OpenGov is an independent entity and is not an agent or representative of the City. Communications to

OpenGov does not constitute communications to the City. Contact OpenGov at procurement-support@opengov.com for more information.

3.2. ADDENDUM AND AMENDMENT TO RFQ

If it becomes necessary to revise or amend any part of this RFQ, OpenGov will provide notification of the Addendum to all prospective Proposers 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 Proposer to review OpenGov prior to submitting a proposal to ascertain if any addenda has been issued, to obtain all such addenda, and to return the executed addenda with the proposal.

3.3. ERRORS AND OMMISSIONS

Proposers discovering any ambiguity, conflict, discrepancy, omission, or other errors in this RFQ, shall immediately notify the City of such error via email within the OpenGov eProcurement Portal 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 Proposers who queried the solicitation in the OpenGov Portal. Addenda will be posted and disseminated by OpenGov at least five days prior to the RFQ opening date. The Proposer 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.

3.4. FLORIDA PUBLIC RECORDS LAW

In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the

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

Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the Proposer is required to do the following:

1. Identify, with specificity, the information which the Proposer asserts is confidential and/or proprietary and/or exempt from public disclosure,

2. Place such information in a separate file labeled “REDACTED, EXEMPT FROM PUBLIC DISCLOSURE” this uploaded document must be separate from the Proposer's other Proposal documents, mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

3. Specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed within the redacted file. The “REDACTED” file that contains the Proposer's confidential/proprietary/exempt information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in

Proposer's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Proposer’s “REDACTED” copy. All submittals received in response to this Proposal will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.*

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

*Note: The City will not accept Proposal submittals when the entire submittal is labeled as exempt from public disclosure and the proposal will be deemed non-responsive. Proposer’s References and

Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Proposal submittal as “non-responsive”.

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

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

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

Statutes, 119.0701, Successful Proposer agrees to comply with Florida’s Public Records Law, including the following:

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

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

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

D. Upon completion (or earlier termination) of the award, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful

Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If

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

E. The failure of Successful Proposer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the

City shall also have the option to withhold compensation due Successful Proposer until records are received as provided herein.

F. IF THE SUCCESSFUL PROPOSER HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES TO THE SUCCESSFUL PROPOSER’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT

813/274-8351, AND MAILING ADDRESS OF PURCHASING

DEPARTMENT, HANNA CITY CENTER BUILDING, 2ND FLOOR,

2555 E. HANNA AVE, TAMPA, FL 33610.

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

PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTSCONDITIONS.

3.5. CITY OF TAMPA ETHICS CODE

The Proposer shall comply with all applicable governmental and city rules and regulations including the

City's Ethics Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII.

- Section 2-522)

Moreover, each Proposer responding to this Request for Proposal acknowledges and understands that the City's

Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII.

- Section 2-514(d))

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

3.6. 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.

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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.

3.7. COPYRIGHTS AND PATENT RIGHTS

Proposer 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 Proposal, and Successful

Proposer 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.

3.8. 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 Proposer, who is allegedly aggrieved in connection with the issuance of a proposal solicitation or pending award of any contract in any competitive process utilized by the City of

Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article

V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed.

All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30

pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission.

3.9. 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.gov/ebo. Under programs and Services select SLBE Directory. The directory includes SLBE Certified Companies which are listed by

Type of Services and by Company Names.

NOTE: In accordance with the Equal Business Opportunity Ordinance Chapter 26.5, SLBE vendors are eligible for weighted points in the selection process. Refer to EBO-Form 71 for the SLBE participation scoring criteria for this RFQ.

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

3.10. INCURRED EXPENSES

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

3.11. PROPOSAL BINDINGS

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

3.12. 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 Proposer shall comply with the following Statement of Assurance:

http://www.tampagov.net/ebo http://www.tampagov.net/ebo

During the performance of this Contract, the Successful Proposer herein assures the City, that said Successful

Proposer 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 Proposer 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 Proposer’s employees or applicants for employment.

The Successful Proposer 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 Proposer herein assures the City that said Successful Proposer will comply with 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 Proposer 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 Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5.

3.13. PROPOSER'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 Procurement of $100,000 or more, If the Proposer voluntarily agrees to comply with the City’s criminal screening practices as provided in Chapter 12, Article IV of the City Code, Proposer will be awarded an additional 5-points as part of the evaluation of its proposal if Proposer submits notarized documentation with its proposal, and an assurance of compliance with Section 2-284 if awarded the contract (“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

3.14. EQUAL OPPORTUNITY

The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises

(SLBEs), will be afforded a full opportunity to participate in any Contract made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The

City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status.

3.15. GOVERNING LAW/VENUE

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

Hillsborough County, Florida.

3.16. COMPLIANCE WITH LAWS

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

3.17. 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 https://library.municode.com/fl/tampa/ordinances/code_of_ordinances?nodeId=1171018 the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this contract, on condition that the Nonperforming Party uses reasonable efforts to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this contract. The other party has the right to terminate the contract if the Non-Performing Party’s Force Majeure Event continues for more than a reasonable time.

3.18. SURVIVAL

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

3.19. CONFLICT OF INTEREST

The City requires that the Successful Proposer 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 Proposer has an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Successful Proposer shall not be considered for award of this Contract. Failure to disclose said situations

Any such interests on the part of the Successful Proposer or their employees, must be disclosed in writing to the City in the PROPOSER’S QUESTIONNAIRE, FORMS, AND ACKNOWLEDGEMENTS Section. Also, the Successful Proposer 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.

3.20. AUDIT RIGHTS

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

3.21. 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, or the Scrutinized Companies with Activities in Iran Terrorism Sectors List created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria.

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A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not 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 the Scrutinized Companies with Activities in Iran Terrorism

Sectors List or is engaged in business operations in Cuba or Syria may not 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, or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, the Scrutinized Companies that

Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible to 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 Successful Proposer submitted a false certification under Section 287.135(5) of the Florida

Statutes upon submission of a proposal, entering into a contract, on contract renewal, or if the Successful Proposer 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 the Scrutinized Companies with Activities in Iran Terrorism

Sectors 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 Proposer 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.

3.22. DATA COLLECTION

1. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Successful

Proposers are used for identification, verification, and tax reporting purposes.

3.23. IMDEMNIFICATION

The Contractor/Successful Proposer/Firm (collectively the “Firm”) releases and agrees to defend, indemnify and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, losses, claims, suits, actions, causes of action, either at law or in equity, damages, charges, judgments, or expenses (including attorney’s fees and court costs, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the

Firm, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the

Award/Contract/Agreement (collectively the “Agreement”) into which the Firm and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Firm’s duty to defend is separate and apart from Firm’s duty to indemnify and hold harmless and exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Firm by a party entitled to a defense hereunder. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by the provisions of Section 725.06, Florida Statutes or any other applicable law, then this section shall be so limited to said section 725.06 and with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of

1. The monetary value of this contract,

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

3. $1 Million Dollars.

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

3.24. CONTRACTOR BACKGROUND CHECKS

When assigning employees to work on City property, the Successful Proposer 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:

1. Unable to pass 8 Panel Drug Screen

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

3. Is a former City of Tampa employee

3.25. EMPLOYEE VERIFICATION

In accordance with Section 448.095, Florida Statutes, the Successful Proposer 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 Proposer 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. If the

Successful Proposer enters into a contract with a subcontractor, the subcontractor must provide the Successful

Proposer with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Successful Proposer shall maintain a copy of such affidavit for the duration of the contract. If the City has a good faith belief that the Successful Proposer has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Successful Proposer, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the contract was terminated. The

Successful Proposer is liable for any additional costs incurred by the City as a result of the termination of the contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Successful

Proposer has otherwise complied with the law, the City shall promptly notify the Successful Proposer and order the

Successful Proposer to immediately terminate the contract with the subcontractor.

3.26. RESPONSIBLE VENDOR DETERMINATIONS

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

Proposer’s social, political, or ideological interests.

3.27. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS

1. To ensure fair consideration for all Proposers, the City prohibits prospective Proposers' communication with any department or employee during the submission process. Questions relative to the interpretation of the

Scope of Services or the proposal process shall be addressed to the City during the pre-proposal conference, or questions can be submitted via the OpenGov eProcurement Portal up to ten days prior to the RFQ opening date and time.

2. Communication Policy. During any solicitation period including any protest and/or appeal, no contact with City officials or employees, other than with the Analyst, the Director of Purchasing or the Legal

Department, is permitted from any proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal.

3.28. EVALUATION OF PROPOSALS

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

A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this RFQ. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFQ. The contract will be awarded to the most qualified Successful Proposer per the evaluation criteria listed in the Section Titled

EVALUATION.

2. Application of SLBE Evaluation Points. During the evaluation of proposals for SLBE participation, the

Equal Business Opportunity (EBO) Office will be responsible for assigning the points under these criteria. Points are determined per EBO-Form 71 (EBO Guidelines for Evaluation Points on Request for

Proposals) which is attached to this RFQ document.

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

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

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

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

D. Responses of the client references.

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

4. SHORT- LISTING

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

Committee will finalize the scoring against the evaluation criteria.

5. INTERVIEWS/DEMONSTRATIONS

If requested, Proposers may be required to participate in on-site interviews and conduct demonstrations to the City’s Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the Proposer’s proposed solution. Additionally, the Proposer’s key personnel may be required to be in attendance during this process.

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

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

6. The City reserves the following rights to:

A. Conduct pre-award discussion and/or pre-award negotiations with any or all responsive and responsible

Proposers who submit proposals determined to be reasonably acceptable of being selected for award;

conduct personal interviews or require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers as it deems appropriate, including, but not limited to, a background investigation conducted by the Tampa Police Department or any other law enforcement agency.

B. Request that Proposer(s) modify its proposal to meet the needs of the City more fully, including Best and Final Offer(s) (BAFO), or to furnish additional information as the City may reasonably require.

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

https://procurement.opengov.com/portal/cityoftampa/projects/197800/document?section=1844546

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

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

F. Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do so. The City shall be the sole judge of Proposers’ qualifications and reserves the right to verify all information submitted by the Proposers. The proposal selected will be that proposal which is judged to be the most beneficial to the City.

7. Financial Statements. The City Representative reserves the right to request that Proposers submit their annual financial statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to submit a detailed business plan in addition to any pertinent information that would allow the City to evaluate the sufficiency of financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract.

3.29. BASIS OF AWARD

The City intends to award contracts to multiple proposers. Awards will be made to the most responsible and responsive proposers whose proposals best meet the City’s needs.

OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY.

Prior to award resulting from this solicitation, the Successful Proposer shall be registered to transact business in the

State of Florida and shall furnish the City with proof of registration with 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 proposal.

Any Proposer 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.

3.30. CONTRACT TERM

The period of the contract shall be for one (1) year from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for three (3) additional one (1) year periods.

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 Proposer prior to the expiration of the contract, or the renewal period if the contract has been previously renewed.

3.31. NON-APPROPRIATION OF FUNDS

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

Successful Proposal in writing of such occurrence and the award shall terminate without penalty or expense to the

City on the last day of the fiscal year in which sufficient funds have been appropriated.

3.32. CONTRACT TERMINATION

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

3.33. ADDITION/DELETION

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

3.34. PROPOSAL PRICES

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

All taxes of any kind and character payable on account of the work done and materials furnished under the contract shall be paid by the Successful Proposer and shall be deemed to be included in the proposal. The laws of the State of Florida provide that sales tax and use taxes are payable by the Successful Proposer upon the tangible personal property incorporated in the work and such taxes shall be paid by the Successful Proposer and shall be deemed to have been included in the proposal. The City is exempt from all State and Federal sales, use and transportation taxes.

Proposal prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Successful Proposer is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Successful Proposer shall indemnify, defend and save harmless the

City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Successful Proposal, the City, and any indemnified party. This provision shall survive the termination of this 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.

3.35. GOVERNMENT PURCHASING COUNCIL

Hillsborough County Government Purchasing Council (“GPC”) members, may, at their discretion or option, utilize this proposal as they require. Estimated quantities for Hillsborough County GPC members have not been included in the solicitation. Purchases by these entities may increase the value of the award.

A list of the members of the GPC is contained within this solicitation document.

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

GPC LISTING

City of Plant City

Purchasing Manager

Drawer C

Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax

Hillsborough Community College

39 Columbia Drive

Tampa, FL 33606

813-253-7060 – Telephone

813-253-7561 – Fax

Tampa Sports Authority

4201 N. Dale Mabry Highway

Tampa, FL 33607

813-673-4300 – Telephone

813-673-4312 – Fax

City of Temple Terrace

P.O. Box 16930

Temple Terrace, FL 33687

813-506-6420 – Telephone

813-989-7185 – Fax

Hillsborough County Board of County

Commissioners

601 E. Kennedy Blvd., 25th Floor

Tampa, FL 33601

Phone: (813) 272-5790

FAX: (813) 272-6290

procurementservices@hillsboroughcounty.org

Tax Collector

601 E. Kennedy Blvd., 14th Floor

Tampa, FL 33602

Phone: (813) 307-6222

FAX: (813) 307-6521

www.hillstax.org

Clerk of Circuit Court

601 E. Kennedy Blvd.-13th Floor

P.O. Box 1110

Tampa, FL 33601

Phone: (813) 276-8100 Ext.7721

FAX: (813) 272-5521

www.hillsclerk.com

Hillsborough Co. Sheriff’s Office

P.O. Box 3371

Tampa, FL 33601

813-247-8032 – Telephone

813-242-1825 – Fax

The Children's Board of Hills. County

1002 E. Palm Avenue

Tampa, FL 33605

Phone: (813) 229-2884

FAX: (813) 228-8122

www.childrensboard.org

Tampa-Hillsborough County

Expressway Authority

1104 East Twiggs St. Suite #300

Tampa, Florida 33602

813-272-6740 – Telephone

813-276-2492 – Fax

State Attorney’s Office

800 E. Kennedy Blvd., 5th Floor

Tampa, FL 33602

813-272-5400 – Telephone

813-272-7014 – Fax

University of South Florida

Purchasing Services

4202 E Fowler Ave SVC-1072

Tampa, FL 33620

813-971-3340 – Telephone

Hillsborough Area Regional Transit

Authority

4305 E. 21st Street

Tampa, FL 33605

813-623-5835 – Telephone

813-664-1119 – Fax

Tampa Port Authority

P.O. Box 2192

Tampa, FL 33601

813-905-5164 – Telephone

813-905-5109 – Fax

Property Appraiser

601 E. Kennedy Blvd., 16th Floor

Tampa, FL 33602

Phone: (813) 272-6100

FAX: (813) 272-5519

www.hcpafl.org http://www.hillsclerk.com/

Hillsborough Co. Aviation Authority

P. O. Box 22287

Tampa International Airport

Tampa, FL 33622-2287

Phone: (813) 870-8730

FAX: (813) 875-6670

www.tampaairport.com

Supervisor of Elections

601 E. Kennedy Blvd., 16th Floor

Tampa, FL 33602

Phone: (813) 276-8274

FAX: (813) 272-7043

www.votehillsborough.org

Tampa Palms Community Dev. Dist.

16311 Tampa Palms Blvd W

Tampa, FL 33647

Phone: (813) 977-3933

Fax: (813) 977-6571 www.tpoa.net

Hillsborough County School Board

P. O. Box 3408

Tampa, FL 33601-3408

Phone: (813) 272-4329

FAX: (813) 272-4007

www.sdhc.k12.fl.us

City of Tampa Housing Auth.

1514 Union Street

Tampa, FL 33607

813-253-0551 – Telephone

813-4522 – Fax

3.36. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES

Unless otherwise stipulated by the Successful Proposer in its proposal, the Successful Proposer agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the

Contract resulting from this Solicitation Document.

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

3.37. USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS

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

3.38. 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 Florida’s Local Government Prompt Payment Act. Proposers 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.

3.39. MINIMUM WAGE AMENDMENT

The Successful Proposer shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida.

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

mailto:acctspayable@tampagov.net

3.40. CONTRACT CHANGES

No changes, over the contract period, shall be permitted unless prior written approval is given by the Director of

Purchasing and, an amendment to the Agreement is executed by the City and Contractor and approved by resolution of the City Council of the City of Tampa.

3.41. INVOICING

Th…